My host rose immediately and gave the inevitable order to bring tea and
cigarettes. In a few minutes we were discussing the question which
interested me most, as being the key to an understanding of all the
other economic conditions of the country--namely, the question of the
administration of justice in Russia.
"One circumstance makes it uncommonly difficult here to obtain justice,"
began the lawyer. "I refer to the strained relations between the bench
and the bar. Here the judge is more hostile to counsel than is the case
in other countries, and often enough he is inclined to make them feel
his power. This is less serious in civil suits--in which the judge,
after all, merely has to do with the parties in the case--than in
criminal cases, in which the judge represents the authority of the realm
towards the accused and his advocate. In such cases the defendant may
easily pay the penalty of the animosity which the judge feels towards
his counsel."
"What is the cause of this?"
"It has only too human a cause. It is not unheard of for a busy lawyer
of reputation and good connections to earn thirty or forty thousand
rubles a year, or more. Compare with that the wretched salaries of the
judges; consider how costly living is here; imagine the continuous
over-burden of work of the bench and the lack of public appreciation,
and you will comprehend why our judges do not look at the world in
general through rose-colored glasses, and particularly at the
prosperous, well-situated lawyer."
"You say lack of public appreciation. Is the position of judge not an
honorable one?"
"On the whole, no official in Russia is much respected. At the most he
is feared. The most lucrative positions, however, are those of the
administrative department and the police. In these branches are to be
found the most rapid and brilliant careers, and therefore the sons of
great families, in so far as they become officials, prefer them. The
judge must work hard, and has small thanks."
"Does not this evil have a moral effect on the impartial administration
of justice also?"
"You mean, in plain speech, are not our judges to be bought? Well, I
must say, to the honor of these functionaries, that relatively speaking
they constitute the most honorable class of all our officials, and that
the majority of them are superior to bribery. To be frank, there is
professional ambition enough; and the effort to please superiors is
almost a matter of course, since the independence of the judges, which
had brought us extraordinary improvement in the candidates for the
office, has been set aside again."
"Your judges are not, then, independent and irremovable?"
Public-domain text, read in full here on John Shaqi.
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