The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The American lawyer of the eighteenth century was apt to have his
office in his house. During the nineteenth century this became
less and less common and is now comparatively rare. In cities
certain streets, generally near the court-house, are crowded with
lawyers' offices. These are generally over business stores, but
in some places residential streets have been converted to this
use, and what was formerly a handsome mansion will have the
chambers of counsel on every floor.
In many of the counties in Virginia chambers for the
accommodation of the lawyers are built in the rear of the
court-house on public ground. A small rent is paid by the
occupants to the county. When court is about to open each day
the crier calls out from one of the court-house windows the name
of each lawyer to notify him of the fact.
The relations of the bar to the bench assume a peculiar character
under the conditions of American society. The judges stand
closer to the lawyers in this country than in any other. All of
them, unlike those of continental Europe, have been themselves
practicing lawyers. The majority, unlike those of England, are
young men, sitting in minor courts, who have generally left the
bar for but a brief period, expecting, if not desiring, soon to
return to it. Not a few hold court but one or two days in the
week or one or two hours in the day, and for the rest of the time
are actively engaged in professional practice before other
courts. Those of the latter description always occupy a somewhat
unfortunate position. The State does not expect them to devote
themselves entirely to its service. It does not provide for
their compensation on that basis. It expects them to continue
the general practice of their profession, except so far as their
judicial duties may necessarily prevent. They certainly cannot
practice in their own court with propriety. Statutes to prevent
it are not uncommon. For the same man to charge the jury one day
as judge and address them the next in argument as counsel must
tend to confuse their notions as to the weight they should give
to what he says, and to lend it often a weight which it may not
deserve. So, too, his relations to the clerk and other court
officers are such officially as to give him opportunities for
influencing them when he is engaged at the bar, not shared by his
brother lawyers.[Footnote: French _v._ Waterbury, 72
Conn. Reports, 435; 44 Atlantic Reporter, 740.]
Public-domain text, read in full here on John Shaqi.
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