The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1913-01-04
COURT REFORM
IN OKLAHOMA
Declares Alleged Remedies Are Level.
ed at the Shadow And Not at
Substance.

p Oklahoma City, Jan. 3,-Changes in
: court procedure pertaining to the Sc
lection of juries, also changes in the
method of selecting district judges
= were recommended by the State Bar
Association meeting by George S
Ramsey Of Muskogee in an address on
Court Reform" 1t is his opinion that
the recall of judges or judicial deci.
sions would fall short in remedying
the evils of which the people and the
profession complain
These alleged remedies are leveled
at the shadow and not the substance,
said Mr. Ramsey in part. Il would
begin the reform with a complete reno
walton of the jury system,
The method of selecting juries in
civil and criminal cases should be
changed. The present system enables
a defendant in a criminal case to prac-
tically eliminate by his peremptory
challenges not only those who may
have a secret prejudice against him,
but those who are unbiased and above
the average citizen in intelligence and
integrity. The defendant is practical.
ly able to select the jury to try him.
THE jury system as now in vogue en-
tails an unnecessary expense on the
Taxpayers. would reduce the mum.
Der of jurors to six, four of whom can
render verdict;or nine, six of whom
can render verdict. | would en-
power the judges with the authority
and discretion to summon jury from
any county in the state. Especially
would this be important in the crimi-
nal cases where the defendant and his
friends and relatives have great poll
tical and financial influence. | would
provide that upon the mere formal ap-
plication of the prosecuting attorney
the judge should either grant change
OF venue to the state, or summon a
panel from some county in which the
defendant was practically unknown. In
all felony cases | would reduce the
number of peremptory challenges to
five for the state and five for the de-
fendant. In misdemeanor cases there
should not be over two peremptory
challenges allowed each to the state
and the defendant.
Should Have Authority.
The trial judge in criminal cases
should have authority to participate in
the verdict with the jury to a modified
extent. That is, trial judges in the
states should have the right and priv
ilege to express to the jury their opin-
ion as to the guilt or innocence of the
defendant, but the jury should be ex-
pressly instructed that they are not
bound by the opinion of the Judge
Where the judge fails to express an
opinion as to the guilt or innocence,
the jury should have the right and
privilege, after deliberation among
themselves to request the trial Judge
to express an opinion as to the guilt !
or innocence of the defendant The |
state should also have the right in |
criminal cases to one motion for |
new trial and the right to appeal from
a verdict of acquittal
81 desire to suggest change in the
method of selecting the trial judges.
would tawe away the right of the peo-
pie to seelct judges by popular vote,
but / would not bestow that power
upon either the executive or legisla-
tive branch of the state A commits
sion known as judiciary board or
commission known as judiciary board |
or commission should be created, con-
sisting of, say, fifteen members, five
Of whom must be lawyers of the same
required of judges of the
supreme court. These commissioners
should be selected by the Legislature,
three from each supreme court dis
lIlCl III lut bldlc. Hey SHOulu De |
selected for a term of six years, but
the board should be organized so the
term of one commissioner from each
making a total of five, shall
expire every two years, so that, elimi.
mating death and resignation, there
will at all times be ten commissioners
i've of whom will have had two years
experience, and five of whom will have
lad four years experience.
To Remove Judges.
These commissioners, or this board,
should have authority to employ trial
Judges for a term of four or six years,
with authority to remove any judge
or good cause shown on written
,harges. and formal trial before said
The grounds for removal
should be specified by law but made
,road enough TO enable the commits
ion to remove an incompetent Judge
Without having to make a special find