The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-18

A remarkable incident occurred in the
queens County Circuit Court last week. In
the judicial districts outside the city it is
usual to hold the Circuit Court for the trial
OF civil causes, and the Court Of Oyer and
Tcrmn.r for the trial of criminal causes. at
the same time; that is to say, they are both
opened at once, the same Justice Of the
Supreme Court prcsides in both, and the
Court acts as the Oyer and Tcrmner when
a criminal case Is before it, and rs the Cir
cult when civil ease is on trial. There is
this difference, however. the Court of oyer
and Terminer has three Associate Judges
who sit with the Justice of the Supreme
Court, while the Circuit Is held by the JUS
ticc of the Supreme Court alone. These as
sociatc Judges are the County Judge Of the
particular county in which the court is held,
aud two Justices Of the Peace designated rs
members of the Court OF Sessions. They
have nothing to do with the business oI the
Circuit Court. but in practice they do not
leave the bench when civil ease comes on,
for the very next cause may he ON the crimi-
nal side, and thus require their presence as
members of the Court Of Oyer and Tcrmner
Now. there is n man in Queens county
against whom are pending two indictments
in thc Court of Sessions, presided over by
tho County judge Last week this man ap-
reared in the Queens County Circuit Court
~ the defendant in Il civil action 10 recover
damages for malicious prosecution. When
the ease was reached or shortly before it
was reached, the County Judge, who had
been sitting beside the Justice of the SUI
prcmc Court holding the Circuit, stepped
down from the bench, and took his place
outside the bar as counsel to conduct the
defence Of the man. The act was lawful.
1t contravcncd no statute. 1t was not
in violation Of any recognized rule OF pro-
fcssional ethics. 1t is nevertheless II re-
proach to our judicial system that it per-
mits so signal departure from what is de-
sirablc in the administration Of justice.
In such n case rs this we have at one mo-
ment a man invested with all the attributes
OF judicial power, the associate and adviser
of the presiding Judge, seen Of all men,
exercising the weighty and responsible
functions OF his Office at the next we be-
hold him invoking all the respect, the
esteem, and the confidence of his fellow
citizens, which he has gained by reason OF
his official position, in behalf Of IA client and
say that his Office makes no difference in the
result. 1t gives him undue influence with
Jurors. and makes him more formidable
opponent to other lawyers at the same bar
A Judge should he Judge aud nothing
else. He should have no other calling. lie
should not be allowed TO use the power he
thus acquires for any private object what
socver.
The Constitution ~ the State prohibits
any Judge Of the Court of Appeals, Justice
~ the Supreme Court, or Judge Of n court o
record in the city Of New York, Brooklyn
or Buffalo, from practising as an attorney
or counsellor at law. That instrument
thus recognizes the fact that il il objections
able for some Judges to practise law; anC
as the prohibition certainly Includes the
County Judge of Kings county, and prob
ably also the County Judge of Erie, the pro
prcty OF excluding some County Judge,
from practice Is also recognized. Why nu
carry the prohibition further? II 1t Is ws'
ard cxpedicnt in the cities, why is it no
equally wise ana eXpcdicnt in the country
Under the present system, too many Of on
County Judges utilize their Offices mainl.
20 increase their private practice. TIN
County Judge usually has the largc9
business in the county whore he i
t'oHcd, and the fact OF his having beer
chosen to the office constantly tends 10 CA
large n. Sutors are led to suppose that hi
frequent Association with the Justices OF tn
Supreme Court, on the bench Of the DYE
ana lermner, is n great advantage. Al
TINS has tendency to lower the esteem il
which the judiciary ought to be held, an
which it ought to deserve.
1t may be said that the salary general
paid to the County Judges Ia now too smaI
Justify their exclusion from the practic