Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-09-23
ADDRESS ON BAR AND BENCH
BY JUDGE A. A. FREEMAN
Delivered to the New Mexico Territorial Bar
Association, Met in Albuquerque at the
Commercial Club, Sept. II.

, department towards the Judge ought to
Doe characterized by the most profound
respect, not So much on account of the
personnel Of the judge, not so much for
the reason that the judge is "a greater
man than the lawyer, but for the rea-
SON that the Judge represents the ma
jesty of the law.
ON the other hand il is equally the
duty of the judge to treat the lawyer
with respect. Why? Because the law
yer represents in a court of justice the
life, the liberty. or the property Of a eli
cnt. The lawyer Is "a servant of his eli
eut; the judge is "a servant alike Of the
lawyer. the client, and the public. He
represents In his person not his own pri-
waite personality. but as already said. the
majesty of the law. and it is that which
entities him to be treated with greater
respect than a mere private Individual.
] think that we make a very great mis-
take when we attribute to a court the
right to be revcrcnCed simply on account
of the personnel Of the officer who hap
pens to preside. All presiding officers
are entitled to be treated with great con-
sideration and respect. The speaker of
a legislative body while welding a gavel
is entitled to be respectfully treated by
members on the floor. The presiding Of
hcer of a convention is entitled to be
treated by the delegates TO the couven-
ton with great consideration. j do not
mean to say that the presiding officer
of "a party convention is entitled to the
SD me CONSIDERATION as a presiding officer
of the court of justice, because the for
mer represents temporarily only a part
of the people, while the latter represents
an the people. The former may deter
mine by his rulings only the right of
some particular faction of his party,
while the latter may determine the right
10 life, liberty, or property of the citizen.
What l mean to say is that in all the re-
lattons of life, an officer is entitled to
that respect which attaches to the i'm
portanc Of the position which he holds.
And so running through all the various
qualifications of government, that per
son who represents in his person the
| public, is entitled to great consideration.
not on his own account but on account
OF the public. When we pass beyond
TINS, however; when we reach the point
that the bar owes servile conduct to-
wards the judge as such, we make in my
opinion a very great mistake.
l must not, however, be misunderstood
1t is the duty of the lawyer to treat the
court with profound respect. The law
yer must not allow his ideas of the i'm
portance of his clients cause, nor the
great responsibility of his own position
to lead him into the error of supposing
that he has the right to rowbeat the
court. In ninety-nine cases out of one
hundred the judge is trying to do mis-
duty; and In the exceptional case the
lawyer Will find 1t greatly to his advan-
tage to show that he at least under
stands the amenities due to the relation
SAlSlHls belNetu nlInSelI ana the court.
A slight applause may now and then
be won by playing to the galleries; but
no lawyer who rightly appreciates the
respect due to his profession will indulge
In such methods. A lawyer should be
candid with the Judge and should never
attempt, knowingly, to mislead him.
so, Also the conduct of the judge to-
wards the lawyer should be character
lied by kindest consideration. No Judge
should ever attempt to be sarcastic or
witty at the expense of an attorney. Sar-
casm, wit or irony should never be in
dulged except as between parties con-
testing on equal footing. Many a lawyer
has carried to his grave the fostering
sore of an infliction made upon him in
MS early practice by some %thoughtless
ana vain udge. And above all. no Judge
should ever indulge in sarcastic or vitu-
perative language n passing sentence on
a convict. Jeffries is reported to have
said to the bailiff whose duty II was to
lntIlct the punishment of f~logging as
sessed against a poor woman: Sir, bail
m take this party to the proper quar-
ters and do your duty well. Remember.
sir, that 1t is n very cold day for the
iauy 10 nave to undress, and you will,
therefore, warm her shoulders we'll"
Modern history assigns to a New Mex
lco Judge a companion piece Of execrable
wit In passing the death sentence on a
poor wretch. 1t may be that the flowers
Maria Gonzales. but | doubt whether
they will ever adorn the grave of Judge
Benedict If he was guilty of that netfv
piece OF cruelty credited to him in his
often quoed death sentence.
l desire to add one more suggestion
touchlng the duty of the nisiprius Judge
as II Is the duty of the attorney to deal
Ialrly ana frankly with the judge. so
also is II the duty of the Judge 10 deal
with the utmost frankness and fairness
with the attorney and his client.
! nave seen judges who from the OPEN
ins 10 the close OF the case seemed to be
4 on MAILING a EAA1
Supreme Court. This is wrong. Every
judge should try a case as IL there were
no Supreme Coprt.
In his instructions to the jury, he
should be so clear and explicit that II he
Is right the jury will have no difficulty
In following him, and If wrong the SUI
preme Court will find no difficulty in re-
versing him.
Having discussed the matter of the re-
latton of the bench and bar to each 9TH
er, | proceed now TO speak of the rela-
lions of both to the public.
It REQUIRES both a bench and a bar to
constitute a court. When thus constitut-
ed, the court becomes one branch of the
government-the judicial branch. II con-
stitutes one Of the means by which the
people govern themselves.
! invite particular attention to the ex-
preston that ii constitutes one of the
elements Of self-government. The ppo-
pie of the country do not belong to the
courts, hut the courts to the people.
The courts are public servants. The
Z neople have erected houses I'm which
r their business is TO be transacted. and
they employ Judges, clerks. baiiffs, law
% vers, and shcriffs TO do that work. Each
r of these officers has his particular func.
b. tion TO perform; In the performance OF
which he owes a duty TO himself. 10 his
superior officer. and TO the country. The
Z Judge on the bench is the umpire Of this
great game. and so long ms ne is in tho
box, that IS, on the bench, ne must %,
l. oheyed as such. II his rulings prove un.
satisfactory, the only thing to be don,
after the game has been played out. to
s wit, after his term has expired, Is TO ger
another umpire.
II / AVE stated the matter fairly (
follows as an inevitable c%orolary tina.
the Judge ought TO be elected by the PEG
nle directly interested In his rulings an,
administration
~ ! am aware that I enter now on con
n tested ground. There are very NAM
a. Vol meaning PEOPLE who hold 10 tn
" doctrine that while the people ought T.
be allowe- to select the men who max
-, the laws, they ought not to be trustee
with the selection OF the men who al
~ minister them. Why not2
II the administration OF the law re
Re N&