The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
There are, however, in every State quite a number of judges of
higher courts who receive a salary deemed sufficient for their
support and who are expected to devote their entire time to
judicial duties. As respects those of the United States courts
there is a statute (U. S. Revised Statutes, Sec. 713) making it
criminal for them to practice law. Similar legislation exists in
some of the States with regard to the judges of their higher
courts, but without it a sense of propriety dictates their
abstaining from it, and it has even been held that the right of
any judge of a superior trial court of general jurisdiction over
important causes to act as an attorney or counsellor, except in
his own cause, is suspended by implication of law so long as he
retains his seat on the bench.[Footnote: Perry _v._ Bush, 45
Florida Reports; 35 Southern Reporter, 225.]
The demeanor of the judges to the bar is inevitably affected to
some extent by their tenure of office. If they hold their places
for life, they naturally are less sedulous to avoid giving
offense and less ready to tolerate a poor or tedious argument. A
greater distance is maintained for this cause between bench and
bar in the federal courts than is usual in most of the State
courts.
No judge, however, desires to have the reputation of being
overbearing, rough or impatient, and few are. Chief Justice
Parsons of Massachusetts at one time fell into an inveterate
habit on the circuit of checking counsel in argument rather
curtly when they seemed to him to wander from the vital point.
The leaders of the bar of Boston finally determined to stop it,
and arranged at the next term at which he was to preside that
whoever of them was thus treated should leave the court room.
The first to address the court was checked in the usual manner,
and observing that he regretted his argument seemed not worthy of
the court's attention, took his papers and went out. The next
met the same kind of interruption in the same way, and so on
until the court room was cleared. The Chief Justice afterwards
sought an explanation, received it in good part, and was forever
cured of what had been a serious impediment to his usefulness on
the bench.[Footnote: See George F. Hoar, Autobiography, II, 397.]
Occasionally a trial judge will have a similar lesson taught him
by finding no business to be disposed of when he opens court, and
learning later that the bar agreed to the continuance of all
pending cases, because they did not care to trust him with them,
or were disinclined to submit to his manner of conducting a
hearing.
Public-domain text, read in full here on John Shaqi.
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