Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1900-07-04
MAINE LAW COURT.
METHOD OF PROCEDURE IN
STATES HIGHEST TRIBUNAL.
HOW CASES ARE PRESENTED, DIS
CUssED AND FINALLY DISPOSED
OF-CAsEs WELL sIFTED.

The procedure In the Maine law court,
to which so many cases go from the trial
courts, Is not familiar to the general pub
lie, and a description will be interesting.
The supreme judicial court, when sit
ting as law court to consider cases
coming to it from the various trial
courts, consists OF six of the eight JUS
tices OF the court. The chief justice pre-
sides, or in his absence the senior as
sociate justice present. The tive Justices
not regularly sitting at any term are
liable to be called In to take the place of
a sitting justice. The chief justice desig-
mates which justices shall sit at any term,
| and SO arranges that each justice shall
have his fair share of work.
When sitting. the senior associate JUS
tice present sits next the chief justice at
his right. The next justice In seniority
OF service sits at the left Of the chief JUS
tice, and. so, alternately, and right and
left, in the order OF length OF service.
When the court is opened ready for BUSH
ness, the docket Of law cases is called
over by the presiding justice, and unless
w
heard In their docket order. The cases
are all made up at the trial courts and
sent to the law court on written or printed
copies. No oral testimony Is ever heard
by the law court, and 1t will not consider
anything not stated in the written or
printed cases. When case Is reac he'd the
counsel bringing the case to the law court
hands to each justice copy Of the case.
He then begins the argument by stating
the general nature Of the case and what
he considers to be its decisive points
He then adduces his reasons and authori-
ties, that is, law books, in support OF
his contentious.
The opposing counsel then states his
view of the case and adduces his reasons
and authorities in support OF his side.
The first counsel is then again heard
briefly in reply to the new points or argu-
ments made against him. The counsel
also hands to the court written statements
Of his contentious aud citat ions of aut hor-
tiles relied upon. These are called the
"brefs". During the arguments the JUS
tices frequently ask questions-ask to be
referred to The page and line in the case
where counseI's statement can be verified
and sometimes ask counsel to enlig hten
them further on some particular propo-
sitiou. When the counsel OH both sides
have finished, the papers are placed by
the justices each his copy in his desk, and
the next case is taken up in the same way.
| At different and frequent times during
the term the court temporarily suspends
the hearing of cases ITO go into consulta-
ton. This consultation is held to en-
able the six justices to discuss the cases so
far heard, and Is always held in private
behind closed doors. AT the consulta-
ton The presiding Justice always the
chief justice # he is presently sits at the
head OF the table with the associate JUS
tees on either hand aud the junior JUS
| tice at the foot of the table. The cases
| are taken up in the order OF argument.
The junior justice first speaks. He
states tue case and the points OF it, as he
understands the matter. He then gives
his Impressions as to what the law OF the
case aud what the decision should be, and
gives his reasons at such length as he
chooses. After he has said all he desires
to, he next justice in length of service
| gives his views and reasons. Then the
| next Justice has his say, and so on up
the chief justice speaking last. The case
| is then open for general discussion, each
justice suggesting such new considers-
tions as occur TO him. The written cases
and briefs OF counsel are referred to.
Law books are sometimes sent for and ex-
amined, and generally the case is thor
oughly threshed over.
| Every justice speaks with the utmost
| freedom and does not hesitate to dissent
decidedly IF IN his fellows. He is very
iikey to be sharply called to order, how
ever, II lie goes outside the case. 1t is he
unwritten law that what is said in he
consultation shall never be known out
side, except HIS the published decision may
indicate. 1t is also always the under
standing that opinions expressed in the
consultation, however firmly expressed,
are only first impressions, exceedingly
liable to be changed by further study and
reflect ion.
III in any cases all the justices are
agreed (and that is the rule In by far the
most cases) then the question Is mooted
beth the case Is sufficiently clear and
free from doubt to warrant announcing
t he decision at once. II 50, the decision
Is announced at the close of the term. II
any one justice desires further time for
reflection or examination the case is held
up for that purpose. II the case is not
considered too clear for argument, it is