The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-02-12
A CHANGE IN COURTS
Lawyers Discussing Plan to Abol-
ish Separate Criminal Court.
Judge COx's Views-Criminal Cases to
Be Tried by Superior Judges
in Rotation.

Among attorneys prominent at the Marion
county bar there has been, for several
weeks past, more or less talk of proposing
a radical change in the jurisdiction of the
established courts. The suggestion of a
prominent attorney was taken up by his
fellow attorneys. and, from the considera-
ton which it has received from the bar,
it is probable that the suggestion will as
sumo tangible shape in the form of a bill
TO be presented to the next Legislature,
with a view TO e~ffecting the changes.
Some months ago the attorney, who OBJ
jects to the use of his name at this time,
suggested that it might be a worthy inno-
walton if the three rooms of the Superior
Court, which is fixed by the Legislature,
be abolished and a Circuit Court with four
judges be established in their stead in
this county. His plan also contemplated the
abolition of the Criminal Court and the
turning back to the Circuit Court of the
jurisdiction in criminal cases, and ro-
tation from judge to judge, the judge of
each room sitting as crimina judge during
three months of the year. This was a mere
suggestion, made without consideration al
TO the possibility of legal barriers to its
accomplishment. The attorney argued that
by this method all disputes as to the SUI
perior authority of one of the inferior
courts over another would be forever end
ed. Another argument advanced by him
was that it would do away with the long
terms of the Criminal Court, which I'M
doubtedly give the prosecution in a GRIM
inal case an undue advantage over the de-
the petit jury is summoned for one term,
which under the present law is six months
In the Criminal Court. During the six
months term the prosecuting attorney con-
stantly appears before the jury on behalf
of the State. In that time he is enabled
to become personally acquainted with each
individual juror; he is able to study them
and their characteristics thoroughly; he
knows their idioSyncrasieS and foibleS; he
knows what manner of argumen is most
effective with the majority of the regular
panel. On the other hand the jurors also
become acquainted with the prosecuting at
torney, and, if he is disposed to do so, he
is enabled to make personal friends of
many of them BY the rotation of the
criminal business FROM room to room and
shortening the term of the Criminal Court
these advantages would no longer exist.
rms suggestion was taken up by other
members of the bar and seriously consid-
cred. Several of them began to investigate
the Jurisprudence in other States and found
that the idea was not novel, although it
was a new one in this State. 1t was found
that in other States the Circuit Courts
were presided over by a number OF judges.
There is in this State, however, a consti-
tutional barrier in the way of the accom-
DliShpent of the suggestion as offered by
the attorney first mentioning the idea That
barrier is found in the section of the Con-
Stitution which provides for the courts of
the States and specifically provides that
the Circuit Court shall consist of but one
Judge. When this was discovered the idea
Of a Circuit Court with four judges was of
necessity abandoned. 1t was next proposed
to abolish the Crimina Court and attach
the criminal jurisdiction to the Superior
Court. Thus the rotation of criminal cases
could be accomplished. 1t is this idea that
will probably be presented to the Legisla-
ture in the form of a bill when the General
Assembly conveneS next year.
A number of prominent attorneys have
expressed themselves as favoring some such
q project and but few have offered the
least objection to IL. These say they do not
think it will accomplish either good or i'll.
Judge Cox, of the Criminal Court, was
asked for an expression upon the proposed
plan and said he believed it would be a
move in the right direction. Speaking from
his experience as a criminal judge he said
he thought the idea of rotation from room
to room of the criminal jurisdiction would
be a move for the better.