The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-09-04


The following "Canons Of Ethics,
being now considered for probable
adoption by the members Of the Bar
Association Of Hawaii. viii be found
of interest to the laymen as well as 10
the members Of the bar and bench of
the Territory. Whether you go to law
Or are lucky, il is pleasant to know,
for instance, that politics should have
no weight in the selection of a name to
recommend for judgeship; that it is
to be considered unethicaI for an at
,torney to urge litigation or to send
out his runners for the sake Of work
ing up suits for damages and such on
contingent fees.
These canons were drawn up by a
committee consisting of number of
the leading attorneys of the country,
the following being among them:
Henry St. George Tucker, Virginia
chairman; Lucien Hugh Alexander,
Pennsylvania, secretary; David j.
Brewer, District of Columbia; Freder-
lex Y. Brown, Minnesota; J. NJ. Dick
inson, Illinois; Franklin Ferriss, Mis-
souri,; William Writ Howe. Louisiana;
Thomas II. Hubbard, New York; James
G.. Jenkins Wisconsin; Thomas G0ode
Jones. Alabama; Alton B. Parker. New
York: George r. Peck, Illinois; Francis
Lynde Stetson. New York; Ezra R.
Thayer Massachusetts.
The canons consist Of the following
rules:
l. The Duty Of the Lawyer to the
Courts.-It is the duty of the lawyer
to maintain towards the courts re-
spectful attitude not for the sake Of
the temporary incumbent of the Judi
cial office, nut for the maintenance of
its supreme Importance. Judges, not
being wholly free to defend themselves,
are peculiarly entitled to receive the
support of the bar against unjust criti-
cism and clamor. Whenever there is
proper ground for serious complaint Of
judicial officer. it is the right and
duty of the lawyer to submit his griev.
ances to the proper authorities. In
such eases. but not otherwise, such
charges should be encouraged and the
person making them should be pro-
tected.
3 The Selection of Judges.-It is
the duty of the bar to endeavor to
prevent political considerations from
outweighing judicial fitness in the selec
ton of judges. 1t should protest earn
estly and actively against the appoint.
ment or election of those who are un.
suitable for the bench; and it should
strive to have elevated thereto only
those willing to forego other employ
merts, whether of business, political
or other character, which may embar
rass their free and fair consideration
of questions before them for decision.
The aspiration of lawyers for judicial
position should be governed by an i'm
partial estimate of their ability to add
honor to the office and not by desire
for the distinction the position may
bring to themselves.
8 Attempts to Exert Personal In.
f1uence on the Court-Marked atten-
tion and unusual hospitality on the part
of a lawyer to Judge, uncalled for
by the personal relations of the parties,
subject both the Judge and the lawyer
to demonstrations of motive and
should be avoided. A lawyer should
not communicate or argue privately
with the Judge as to the merits of a
pending cause. and he deserves rebuke
and denunciation for any device or
attempt to gain from a judge special
personal consideration or favor. A self
respecting independence in the dis,
charge of professional duty, without
denial or diminution of the courtesy
and respect due the judges station, is
the only proper foundation for cordial
personal and official relations between
bench and bar
4 When Counsel for an INDECENT
Prisoner.-A lawyer assigned as coun
sci for an INDECENT prisoner ought not
to ask to be excused for any trivial
reason, and should always exert his best
efforts in his behalf.
). The Defense or Prosecution Of
Those Accused of Crime.-It is the
right of the lawyer to undertake the
defense of a person accused of crime,
regardless of his personal opinion as
to the guilt of the accused otherwise
innocent persons, victims only of suspi,
cious circumstances. might be denied
proper defense Having undertaken
such defense, the lawyer is bound by
all fair and honorable means, to pre-,
sent every defense that the law of the
land permits. to the end that no person
may be deprived of life or liberty, but
by due process of law.
The primary duty of a lawyer en-,
gagged in public prosecution is not to
convict, but to see that justice is done
The suppression of facts or the secret