Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
One of the real causes for the discontent with the administration of
justice in our state courts, and particularly in the larger cities,
is that judges are nominated and elected not because of their legal
ability and personal character, but because of their party affiliations
or their supposed friendship or sympathy for or inclination to favor
one class as against another. If the personnel of our Court of Appeals
and Appellate Divisions has thus far been kept uniformly high and
pure, it is because of the constant efforts of the bar. If labor
organizations and the people at large will now cooperate with the
bar, who in this matter are the proper leaders of public opinion,
there will be infinitely less occasion for complaints of delay or
incompetency or partiality in the administration of justice. The
multiplication of incompetent judges means the multiplication of the
causes of delay, new trials, denial or miscarriage of justice, expense,
discontent and suspicion. The cure for these evils is with the people
themselves, and it will be brought about only when they shall insist
upon the nomination and election of lawyers of learning, character and
independence.
It must be plain to all who have studied the facts and reflected upon
existing tendencies that during the past twenty years the amendments
to the laws regulating nomination and election to public office have
served to strengthen and perpetuate the control of political leaders
and political machines. Many bills introduced and loudly acclaimed as
reforms have in truth proved to be not reforms at all, but steps in the
dark and backward.
Some of our correspondents blame the courts for the "law's delay,"
yet there is no defect in our system for which competent judges
are less responsible. In most instances of delay in civil cases,
the blame belongs to the lawyers. Nothing has done more to bring
the administration of justice into disrepute than the practice of
adjourning cases term after term and year after year on excuses which
sometimes are not well founded. There need be no unreasonable delay
even in the city of New York, and would not be, if lawyers were ready
to try their cases when they are first reached on the calendars. The
judges are constantly complaining of the dilatoriness of the bar.
Another cause of delay is the practice of bringing suits and taking
appeals for the purpose of coercing settlements. A higher sense of
professional responsibility ought to be cultivated, and there should
be some severe penalty or professional ostracism for lawyers who abuse
the process of the courts of justice and disregard the ethics of their
profession.
Public-domain text, read in full here on John Shaqi.
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