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In general, there is no absolute bar for judicial positions for criminal history, although some positions may have specific guidelines that do bar convicts. It would be extremely unlikely.

Most judicial positions require that the applicant be an attorney and an active member of the bar. A felony is normally an insurmountable obstacle to being admitted to the bar. If the person has proven that they are rehabilitated enough to obtain a license to practice law, they will then be eligible to apply for a position as a judge.

Depending on the circuit, they will either be elected or appointed. In an area where judges are elected, the criminal record will come out during the election. Most voters will not vote for a judicial candidate with a felony record, and the candidate is unlikely to get enough political support to even fund a campaign.

In the event that the position is in a jurisdiction where judges are appointed, the candidate would apply to the appointing individual for consideration (federally the President, or in most states, the governor). Again, appointing someone with a felony conviction is probably going to present political challenges to the appointing individual. No governor wants his/her name tarnished with allegations that he lets criminals run his courts.

Technically, it is possible to be a judge with a felony conviction, but in reality, it just realistically isn't going to happen. In my opinion, the only way this could be accomplished would be if the person was a popular public figure and the voters have already forgiven this person for their felony prior to their making a move for a judicial position. But then, Marion Barry got re-elected, so it could happen.

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15y ago

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