Litchfield enquirer., 1881-08-04
Judiciary Reform.

subject had been referred at previous ses sion The evils of the present system are SC out at length and very much to the same CT .ect as we have heretofore stated them. in ad vocating revival (wjth some notifications of the old county court system, abolished il 1855 The remedy advocated is much more radical, and would, we think, prove more ef fectual than we had dared to suggest
 The chief evil of the present system is tho absence of any good courts for trial of sma. causes. criminal or civil. A plaintiff in any civil, or prosecutor in any criminal cause may, indeed, bring his cause before any one of long list of justices of the peace, few o1 whom are fitted by education or experience for judicial work. This preliminary trial is usually of little avail. The case goes up by appeal to the Superior Court and there lief some two years waiting trial, if civil action perhaps year, if criminal prosecution. Then the facts are retried and from the decis. ion or rulings on matters of law further ap peal lies to the Supreme Court of Errors.
 Before the abolition of the county courts in 1855, much relief was obtained through the disposal of smaller cases, especially criminal trials in those courts. It was most unfortu. nate that in establishing the common pleas and district courts, they were given no crim- inal jurisdiction. The whole burden of crim- inal business remains upon the Superior court in spite of the fact that much higher grade of judicial talent is needed for the disposal of civil than of criminal business. In counties like our own, the dockets of the Superior court are cumbered with petty civil and crim- inal cases which might better be disposed of by inferior courts, and the legitimate business of higher court is so much impeded that important causes lie two and three years waiting trial
 Aside from the inevitable delay of such a system there is the danger of inordinate ex- pense. Every lawyer who brings civil ac- tion before justice of the peace knows that his client is liable to be dragged to the Su- preme Court of Errors and put to an expense the amount involved can hardly warrant. This of itself not only discourages careful men from seeking legal redress for any but the gravest injuries it brings the profession into disrepute from the preposterous disparity be- tween the expense of lawsuits and the judg- ments gained in them. The plan proposed by the committee is as follows:
 The state to be divided into twenty or twent ty-five judicial districts, and district cour- established in each.
 The districts to be so arranged that each one shall include some large town, and to be arranged also with reference to ease of con- munication.
 A judge for each district court to be ap- pointed by the general assembly for four years, with fixed salary. A deputy judge, or more than one if needed, to be appointed for each district in like manner, and to receive a per diem for the time. employed in holding court. -.
 In districts where the business requires it., two district courts to be established, one for civil business and one for criminal business. The other district courts to exercise both civil and criminal jurisdiction. ...
 The judge or deputy to hold court in diff ferent parts of the district when clearly re- quired for convenience of parties and wit nesses.
 The judges of district courts to establish rules of practice, not inconsistent with the general rules established by law, and to meet once year for the purpose of. consultation in reference to nnfSrWWIttYY WtY ts ee administration of justice.
 The district courts to have final jurisdiction in actions at law, where the matter in demand does not exceed S3O0
 To have final jurisdiction of all offences wherethe punishment does not exceed one years imprisonment in jail, or fine of $500, or both. A prosecuting officer to be appoint. ed in each district.
 Justices of the peace to have no jurlsdic ton for the trial of civil or criminal cases but may issue warrants or sworn complaints, and exercise certain other powers of the magis trate.
 Appeals allowed both in civil and criminal cases to the superior court upon questions of law only. The decision of the superior court upon such appeals to be final, except that provision shall be made for the reservation of d certain class of cases for the opinion of the supreme court of erroFs.
 The district courts to be always open. Bach Saturday to be return day for civil process. Each Monday day for the assignment of trials
 The judge of any district court may hold court, or a special court, in any other district at the request of the judge thereof.
 Provisions to be made for summening juries A jury of six in certain cases, and to be al lowed in all cases by consent of parties. All civil cases when a jury is not asked for within fixed time, and all criminal cases where $ jury is not asked for either by the accused ol the state, to be tried to the court.
 The following are some of the reasons giver by the committee for the establishment oi primary courts:
 a It will give to the u.sss of the people faiI tribunal for the speedy settlement of theil controversies, and at an expense much less than under the present system,
 It will enable the state to try and finally dispose of all complaints for minor offences within a reasonably short time after commis sion, and thus secure the more efficient pun ishment of all such crimes, as we'll as render possible the enforcement of some excellent laws that are now more OF less a dead let. ter. -s
 It will relieve the superior court of 8 large amount of business, that ought to be vested iI an inferior court and that in fact, can be more speedily, as we'll as more satisfactorily dis pOScu OI Uy Sucu sd court. MOT6 than LQ( whole time of two judges of the superior court is now occupied in the trial of Justice appeals A reduction of the business of the superior court involves, in time, a reduction in tho number of judges. It is perfectly clear tha with limited population, and other things being equal, the fewer the number of judges of the higher court, the stronger will be th' court s1htg>.-e..
 It will relieve the supreme court of errors of large amount of business that now bur dens the docket of that court to no good pur pose, and will give to the superior court the benefit of more of the time of the supreme court judges.
 The following resolutions offered by the committee were then passed by the Associa tien: ,-,~ yas,..t
 ResolUed. that in the opinion of this asso citation a primary court with the final juris diction in civil matters over all controversiei involving small amount of property, ane with final jurisdiction in criminal matters ove minor offences, ought to be established.
 ResotUed-that the preparation of plan fo the establishment of such court and for sucl changes in existing laws as it's establishment