Important Questions of To-Day Within what period must drafted soldiers be discharged from the service? (Sec. 20447) For how many months is the President authorized to retain control of the railroads? (Sec. 311534n) For what period may a discharged soldier be free from payment on his private insurance before his policy lapses? (Sec. 307814jj) ¶ How long after a soldier or sailor is discharged may an action, proceeding, attachment, or stayed? (Sec. 307814dd) Are you prepared to answer these questions? execution be To be able to advise your clients fully concerning these and other similar problems, it is absolutely essential that you have ready access to a complete and accurate compilation of the federal laws Such a volume is the new Compact Edition United States Compiled Statutes covering all the federal acts of a general nature This new volume is practically indispensable for quick access to and a proper understanding of the present state of the federal law Order your copy now All the Federal Law for $8.00 WEST PUBLISHING CO., St. Paul, Minn. ..1919 You may send, on acceptance of this order, the "Compact Edition" of the U. S. Compiled Statutes 1918, one volume, at $8.00 delivered, bound in buckram. Detroit Wins New Court-Bill Passed to Create a Unified Criminal Court.. 5 The Need for a Criminal Court-Present Lack of Co-ordination the Most Potent Factor in Crime Situation.... 6 Efficient Local Courts-Plan for Making Over Local Courts and Justices of the Peace into a Successful System..... 13 Unified Court for Chicago-Building on Firm Foundation... 17 Family Courts-Their Needs Discussed by Judge Willis B. Perkins.. 19 Declaratory Judgments-Michigan First State to React to Need for Adopting Useful Procedure ... Expediting Criminal Justice-By John J. Howe... Defense and prosecution are the lawyer's trade, for which he is hired and paid, and faithfulness to his client is mere common honesty. But the improvement of the law is a poetic ideal, an unselfish goal, which lifts the lawyer out of sordidness and into the nobler life. -William M. Blatt. 22 283 Published Bi-monthly from 31 West Lake St., Chicago. The American Judicature Announces Publication of Bulletin XIV Rules of Civil Procedure Supplementary to the State-Wide Judicature Act The volume comprises 206 pages. It contains 522 Rules grouped under 46 Articles, with explanatory notes, citations to similar rules in typical jurisdictions, an introduction and index. No draftsman or student of the evolution of procedure can afford to be without this Bulletin. Sent, postpaid, on receipt of 25c in stamps The profession is indebted to Judge Willis B. Perkins for the thoughtful analysis of the family or domestic relations court contained in the article in this number entitled, "Family Courts," which was taken from the Michigan Law Review. We are in agreement with the distinguished author in most of his conclusions, but in respect to one of them discover an inability to follow his argument, which appears to justify this comment. The author says: "If we are to establish family courts we must accustom ourselves to the inquisitorial methods of the civil law courts. For to limit a judge of such a court to the usual common law functions will result in useless efforts and vain legislation." His conclusion is that it is first necessary to amend the constitution to extend the power of our judges to pursue "inquisitorial" methods in order to obtain all the information bearing upon the case. We understand that in civil law courts there is a very different practice followed in criminal cases, and that we have given it the name of "inquisitorial" procedure to distinguish it from the impartial role to which common law judges are limited in such cases. We believe that the difference is well expressed by our doctrine of presumed innocence, with the resulting requirement of a preponderance of evidence sufficient to satisfy a juror (or the judge) beyond a reasonable doubt. In practice we know that the civil law judge combines the roles of prosecutor and judge and takes an active part in endeavoring to refute the statements of the respondent and convict him from his own utterances. The adoption of the civil law theory and practice, then, would involve a departure from our historic presumption of innocence and make the presiding judge in criminal cases in some measure responsible for securing convictions. We fail entirely to follow the author in this argument. We do not see that it is necessary to give to the judge of a family court "extraordinary powers." We believe that Judge Perkins has been misled by the informality of trial procedure in juvenile courts and in the Domestic Relations Court of Chicago, the first of the family courts. But this informality is the same informality that characterizes all criminal court hearings in cases in which no formal defense is made. The difference from the contested criminal trial lies wholly in the fact that there is a plea of guilty, which results in the absence of a jury and an increased responsibility on the part of the judge to get at all relevant facts and circumstances to enable him to select the most appropriate sentence. The judge ordinarily has a choice of fine, imprisonment, probation or dismissal. He questions the witnesses freely and may seek for advice and information from the prosecutor and other friends of the court, just as he frequently does in his chambers after a conviction by a jury and before passing sentence. This is the informal procedure, not merely of the Domestic Relations Court of Chicago, but of every police and criminal court in the land when dealing with noncontested cases. We do not see that this informality should be termed "inquisitorial," which word implies a power on the part of the judge to secure the conviction of a respondent who protests his innocence, in a court which knows nothing of the common law doctrine of "innocent until proved guilty." Now it happens that pleas of not guilty are extremely rare in family court cases. When such pleas are entered there must be a formal jury trial. But so small a percentage of cases involve any question of guilt that the work of such a court is practically confined to a consideration of the nature of the sentence to be imposed under the wide range afforded by our modern statutes. Naturally, informal procedure is the rule. It is all in open court. It is on the same footing as the majority of hearings in police courts throughout the country. The difference between the family court and the ordinary criminal court is that the former possesses (1) a sufficiently broad jurisdiction to permit of dealing with all the cases properly assignable to such a court. Most will be misdemeanors, but a few may be felonies, and there may be quasi-criminal actions such as bastardy. (2) A specialization of the judge upon this particular calendar. With these two factors, a segregation of causes affecting family integrity, and a specialization on the part of a judge (preferably one assigned to this branch) there appears to be no difficulty in dealing with this subject under our accustomed methods. We quite agree with Judge Perkins that it would be desirable to include divorce. cases among those heard by the family court. At the present time the divorce court deals with only a part of the subject and usually at a time too late to be preventive or truly remedial. The Domestic Relations Court, on the other hand, is deprived of much of its potential usefulness by having no divorce jurisdiction. There should doubtless also be a merger of the juvenile court in the family court. The real difficulty, in our opinion, is in adjusting these needs to the ordinary state judicial system. We do not grant divorce jurisdiction ordinarily to judges whose work is limited to single counties and who try misdemeanors. We do not permit judges trying criminal causes to sit in juvenile court branches. But the problems of the family involve these three kinds of cases, which cut across the arbitrary lines which we create between civil and criminal jurisdiction and between inferior and general jurisdiction. In counties populous enough to have two or more judges of general trial jurisdiction, unless special constitutional limitations exist, it would be possible to set up the ideal family court, presided over by a district judge, who might devote certain days in each week to this work. But in the less populous county our rigid and awkward system stands in the way of any practical adaptation of this sort. The trouble is that we have always adhered to the idea of employing an inferior and cheaper judicial officer for the less populous locality, one who has not been trusted to exercise jurisdiction deemed as important as divorce. The solution is to be found in creating a unified state court of these numerous fragmentary jurisdictions, with definite administrative powers on the part of a council of judges adequate to the co-ordination of kindred classes of causes and the assignment of qualified judges. Progress in Oklahoma The Oklahoma State Bar Association has tackled the problem of comprehensive reform in the administration of justice and has created a committee which has done considerable work in adaptation of the principle of a unified state court to the present system, which conforms to that typical of a majority of the states. The Association selected a committee. member from each of the counties of the state, and this committee, at a meeting held early in the year at Oklahoma City, selected a sub-committee of fifteen to prepare a draft. The subcommittee made plans to submit its draft to the entire bar of the state, and then, after criticism, to submit an amended report to the entire committee, which will reassemble to receive it. The draft takes the form of a judiciary article of the constitution. It is thought possible that there wi!! be an extra session of the legislature next fall or next spring and an attempt will be made to have a bar endorsement of the judiciary article in readiness. |