Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-10-22
ROBERT NJ. HUGHES, ESQ.
Misconception as To Technic"'i''s-i'-
Paid Judees--Jury Service ETC.,
NORFOLK, VA. october Is lSss'

NORFOLK, VA. october Is 1915
To the Editor of the Dispatch:
Presuming that your inquiry relates
mainly TO Virginia, will confine my reply
10 our own State.
[ think too well OF Our Court OF Appeals
10 believe that they reverse on Trivial
technicalities. The popular nlha ~ Ne
prone TO denource as a tecnhicd.S W.
duplication TO a special case OF soiic
great legal principle to when any orr
would at once assent when stated IN VI,
abstract. And yet when i's ulstssar n,i
operates to give new trial, they isn nSrs
the numerous cases In which IL VOTES
advantageously and brand II as teehhi-
cality. ,c,,., ,,>,.,,rNrD
An examination OF the last volume OF
official reports shows that OF the crlnlilai
Eases taken up. nine were affirmed ana
seven were reversed. or the reversals nne
were because the evidence was insulh-
Gent one because or erroneous hls ni, uS
tions. and one (the Miller case) because
the prisoner was deprived of his rlSnt Oh
fury trial | would not call any or these
n technicality. OF the affirmances thyIe
was scarcely an instance In when the
court did not over-rule some technicallty'
I DO not believe that there Is great Jar
diness in enforcing the law. buI INC
the cause is rather In the adninlstra, ,',,
than i'm the law itself. Most OF the coun-
ties have but two circuit terms year Z,
lasting never more than fortnight. InlS
does not give the necessary tune 10 "
cases. whether original or appel'a,e' -, at ~
even those tried are rushed from start 70
finish thereby increasing the chances OF
error. In addition, there are Two apped,s
in most criminal cases-nameiy, nTsI 70
the Circuit Court and then to the Court Oh
Recurring to figures we find that In -
va. nine were affirmed and seven re-
versed. in 81 va. three were sfhr me ans
eight reversed. and I'm ~ va ten "eie
a ri rrncd and eleven reversed.
THE REMEDY.
Now what Is the remedy? l..
The coming General Assembly mas IL IN
it's hands. IL. as an average. the circult
Judges decide right In less than hair the
cases. the average OF talent among them
must be worse than mediocre. We I'M
doubtedly have many very good ones. put
we must also have some very poo ,r o s,se.
cial care I'm their selection. Since IN
/ creased criminal costs and delays are
matters that affect the state az larse,
each legislator should be as careful IN the
selection of a distant Judge as Of his local
Judge. ,e,. cr,p,rc
As far as legislation Is concerned, me
first needed is an increase OF Juulcisi SILL
RIGS so as to widen the range or selec-
ton To the best material cheap law II
the most costly commodity In me market;
good Judge. who does not MI rec1t "
with errors will save the commonwealth
his increased salary at a single term. Inc
next legislation needed Is TO so Increase
or rearrange the circuits as to insure at
least three terms III not four In each
county Then a continuance would De Ior
a short time. Now 1t is for six months.
ONE APPEAL ENOUGH.
The next legislation needed IL 10. give
but one appeal I'm any one case taking IL
straight TO the Court OF Appeals from the
court OF original jurisdiction. or perhaps,
making the Circuit Court the court OF last
resort In minor criminal cases.
The law In relation 10 the formation OF
iuries is also responsible for much delay
There are SO many exemptions from jury
> ,rvice. and 40 many things 10 disquality
the few who are not exempt, that the
mere empannelng of a jury frequently
takes days. Indeed. II Is hard TO make up
a Jury even I'm civil cases.
JURY SERVICE.
The obligation of jury service ought TO
be as rigidly enforced as that OF paying
taxes, and any exemption which makes
either operate unequally is impolitic.
In my Judgment the modification OF the
criminal Law In the above particulars
would make 1t as rapid as the ends OF JUS
tice require. for IL must always be re,
membered that fairness to the accused
frequently demands a little delay In order
TO allow the excitement OF the moment 10
subsde. ,
Yours truly. ROBERT NJ. HUGHES