The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-04-17
THE JUDGE AND THE BAR.
The Courtesy Due Each Other. Some
Pertinent Suggestions.

To the Editor: During the past few
years there have been several unpleasant
occurrences between North Carolina
Judges and attorneys which is to be much
regretted. The relation OF judge and at
torney is so close and their efforts are OF
should be so much in common, that any
dissention among them is unfortunate.
They should work together for the FUR
therance of justice, and how can they I'M
less the highest officer of the co1rt-the
judge-and the attorneys are united
There is duty sof the attorneys to the
court. and likewise, al the court to the
attorneys: and both should recognize this
f..
Tie duty Of the attorneys to the court
should be realized and always observed.
This duty Is more than mere courtesy;
it should spring from high sense or the
4, respect and honor due the court by rea-
son Of his office For if the attorneys
10 not render the highest respect to the
court. can the people generally be ex-
pccted to do so? 1t is, therefore, import
ant that the department OF the attorneys
should be most respectful, their behavior
in the bar guarded and their demeanor to
the Judge courteous. This is due him by
reason of his office. even though his con-
duet through irritability, want OF common
sense, or intended discourtesy is some
times unworthy of his office.
But there is another side to this ques-
ticn. The Judges Of our courts should not
forget 20 respect over the bar They have
the advantage oil the lawyers by virtue of
their office and can rsc this advantage il
they so desire; in fact. the attorneys are
almost at their mercy: for, whatever may
be their conduct toward the bar it cannot
be resented without the latter being in
contempt OF court. They can even fine OF
senG lawyer to Jail for slight cause,
themselves. being the whole Judge jury
and attorney in the case. This being so
they should not take advantage of their
position. Such an act is nothing less than
coWardice.
Above all things judges should not for
get the dignity of their office. Some law
writer has wisely said: Judges should be
more learned than witty; more just than
plausible; and more advised than con
fident."
1t is painful to see a Judge who 50
far forgets himself ard his office as to
play 10 the galleries in a charge to the
grand jury and flourish his pert sayings
from the bench so as to get them inserted
in the newspapers. OF all men the judge
should be the last to play bunco-bus-
ter. He should hold his office above
suspicion, taking care to shun even the
appearance of the politician. Above all
things he should not be a man of the
''cock-sure' tyne. who decided a case be-
fore he hears it: but should be anxious
to patiently hear both sides. remembering
that it is easy for the best LAWYERS.
though they be judges, to be mistaken.
They should carefully hear every phase Of
a case before making their decision. for it
is manifestly better that they should be
INeaIied with tie Awyer with endless
tongue than 20 fail 10 give both sides a
careful hearing.
| make TO reference to dishonesty on
the Lench, for let Us hope none of our
judges are even subject to suspicion. Tn
writing the above, while some recent oe.
curerces may have directed my attention
to the subject, ] have not intended to he
personal and have no reference to any
particular man or occasion
nyM. IT. HARRISON.
Oxford. n. c., April Ii, 1904