The Battle for the Lay Judges

The number of acquittals in the District Courts and the Appeal Courts led to accusations against lay judges appointed by the local municipal councils. The opinion that the socialists misused their power where they had a majority, to ensure election of loyal cadres as lay judges, was widespread in conservative circles. An examination of the local elections in 1927, 1928 and 1931 show that this was wrong. In most municipalities, the election of lay judges and jurors was not a political matter. In the cases where the election was politicized, there were more instances where the conservatives sought to keep workers out of the list, than the other way around. The very few instances where the labor party ensured that only workers were elected, received widespread attention and contributed to an understanding that has survived up until the present. The conservatives tried to use the controversy to abolish the jury system, but failed, and the jury survived in Norway until 1989 when it was finally substituted by a large court of professional judges and lay judges.