The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-01-10
WISH TO REDUCE
THE LAWS DELAY
Attorneys to Ask for the
Creation of New
Courts.
Structures Upon the Admission
of Candidates to
Pactice.
Bar Associations Have an Elaborate
Plan for Refor ming the States
Judiciary.

! Legislature now in session. The bar
associations of the two cities have been
| laboring in conjunction for some mon tbs
in preparing an amendment calculated to
reform the judiciary of the State. They
have not entirely completed their labors,
as a conference of the representatives of
the two bodies is to be held soon. The
provisions of the amendment, however,
were practically decided upon at recent
meeting in Los Angeles, at which John A.
Wright represented the local association.
Mr.. Wright has a few alterations which
he will suggest at the conference. and
other attorneys will probably have sug-
| gestions to offer, but these are expected
to be mere matters of detail.
The innovations proposed are radical,
those for expedIting appeals by the Gre
alton of intermediate appellate courts,
the elevation of the moral and intellectual
standard of the bar by the institution of
courts of discipline. and the extension Of
! the required course of study for admission
| to the bar to four years, with annual ex-
aminations. being particularly interest
ing.
The main features OF the amendment
are as follows:
The judicial power of the State shall be
vested in the Senate sitting as court of
impeachment. in Supreme Court, in dis
trict courts of appeal, in Superior courts,
in courts of discipline for the judicial de-
partment, in justices of the peace. and in
such inferior courts as the Legislature
NAV establish in any city and county or
| incorporated town.
The Supreme Court is to be reduced from
| r{e ~ tive
This will not be accom- plished till the expi-
ration OF the terms of the two Justices at
present having the shortest terms to serve,
at which time no successors to them will
be appointed.
This reduced court, it is calculated, will
be amply sufficient to handle with care
and expedition all the matters which will
come before it, as very considerable por-
ton of the work which the supreme tri-
bunal of the State is now compelled to
cope with will be finally decided in the
intermediate courts of appeal, known as
the District Courts of Appeal.
These intermediate appellate courts
will be three in number, located at Los
Angeles. San Francisco and Sacramento,
each of these cities being the seat OF dis
trict which will be created by the assign
ment of the counties by the Supreme
Court. These courts are to have iurisdic-
ton in the following matters:
1. In all criminal cases prosecuted by indict-
ment or information in a court of record ON
questions of law alone
2. In all such probate matters as have or
may be provided by law.
3. In al actions to prevent or abate a null
sance.
a. In al actions for divorce and the annul-
ment of marriages.
5. In all proceedings in insolvency
g. In actions OF forcibe or unlawful entry or
detainer.
z. In all actions for the foreclosure of liens
including mortgages.
8. In all actions of tort for the recovery of
damages.
8. In ali actions at law for the recovery OF
money upon contracts, express or implied.
In few special cases. as where the
validity of treaty or statute is called in
question. the foregoing matters may be
MT subjects for the Supreme Cour:, but
ordinarily their decision by the District
courts will be final.
By the assignment of these cases to the
intermediate courts, the bar associations
hope for radical improvements in the
administration of Justice. Under the
present system, where the Supreme Court
has to consider all such matters litigation
is necessarily delayed, and even then tue
Justices are not always able to give the
matters the attention which the ATTORNEYS
feel is their due. Under the new ord er of
things it is provided that every cause,
either in the Supreme or District courts.
x
pressly waived. The matter must then be
decided within thirty days, and no re-
hearing can be granted unless the petition
therefor is filed within thirty Gays of the
decision.
This provision would make it ordinarily
impossible for case to occupy more than
three months on appeal, whereas at pres
ent lltigants count themselves in luck
tho can get case through the Supreme
Court in year. Advantage has hereto
fore been taken of this fact by appellants
whose only object was to discom mode
their antagonists by delay.
A change of some Importance is in re-
gard to the presumption of error. It is
provided IN the proposed law that no
judgment shall be disturbed upon error in
any other court unless it appears that If
the error had not been committed the
judgment or order would have been other
wise.
radical innovation so far as the iudi
ciary of this State is concerned is the pro-
posed courts OF discipline. These are of
two classes. First. special court of dis
cip!ine to be created by warrant of the
Governor, the Chief Justice or two Asso-
ciate Justices as District Court of Appeal.
This court will have power 70 inquire into
the conduct OF Judges and magistrates of
all degrees.
These officers are privileged to create
such court whenever they see fit, but
they must do so upon the application OF
any Justice, Judge or judicial officer, or
upon the petition of five attorneys or ten
other freeholders. This court will have
power to mete out such punishment as it
sees MT, from a mere reprimand to per-
manent expulsion from the bar.
There are to be also permanent courts
of discipline known of trustees of the bar.
There will be one of these courts in each
appellate district. Each court will con-
sist of nine attorneys, elected from the
body OF lawyers OF the district and hold
ing office for twelve years Their duties
are practically the same with respect to
the on-judicial members of the bar as
are the duties of the special court of dis
cipline in regard to the judiciary. and
they have the power OF expulsion. Both
OF these courts are invested with all the
necessary powers TO issue writs, citations
and otherwise manipulate the necessary
executive machinery of courts.
An important change which will inter-
est hundreds of youthful aspirants for le-
gal honors is that contemplated in the
matter of admission to practice BY the
new law the Issuing of licenses is left
wholly to the trustees of the bar. An ap-
plicant for admission must register with
the trustees in his district and furnish sat-
lsfactory evidence of a strict moral char
acter and necessary educational qualjfica-
tions. Just what they may consider nee
essary educational qualifications is to be
determined from time TO time by the Chief
justice OF the Supreme Court, the only