St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1915-01-27
No District Courts Wanted

House Bill No. 101, introduced by
Mr.. Ware of Townshend, provides
for the establishment of a district
court in each county of the state,
with a judge appointed by the SUI
perior judges of the state, the en-
ployment of clerk at a salary fixed
by the district judge and the en-
ployment of stenographer at 81
per day. These courts are to have
jurisdiction of all civil cases where
the amount at issue does not exceed
$500 and final Jurisdiction in all
cases where the amount in dispute
does not exceed $500. The bill
fixes the salaries of the district judge
in each county, the total for the
state amounting to $19, 400.
The bill does not abolish any
courts now in existence and evident
ly does not contemplate the abolish
ment of the superior judges as it re-
quires definite duties from them. So
the passage of this bill would give
Vermont supreme court with five
justices, six superior judges for the
county courts, fourteen judges for
the district courts, eight judges of
municipal courts and an unknown
number of justices of the peace with
a limited jurisdiction. The mere
statement of this fact forcibly sug-
gests that Vermont would be serious
ly overloaded with justices and
judges. The question whether YER
mont has enough litigation to fur
nish profitable employment of such
a horde of attorneys under fixed
salaries as quickly suggests itself.
Undoubtedly the adjustment of
municipal courts is contemplated but
certainly is not provided in the bill.
Even if the municipal courts were
abolished it would be. difficult to
prove the necessity of such an in
crease in salaried officials in the de-
partment of justice. Five justices
of the supreme court certainly can
not be overworked and six judges
can easily and expeditiously handle
all the business that comes before
is no necessity of reducing the
amount of business they are called
on to do.
Aside from the folly of assuming
the increased court expense, the
scheme is very questionable. At the
salaries fixed by the bill, no lawyer
with a fair amount of ability or a
practice of any size could afford to
accept the position of district judge.
1t would become either a political
job as the municipal courts now are
or a place for attorneys unable to
support themselves in their profess
sion. In other words it would at
tract only the amateur or incompe-
tent and they are not desirable
judges and could hardly be expected
to do credit to the judicial depart
ment Of the government.
The liberal amount of discussion
we have given to matters in which
the legal profession is interested per-
haps calls for a declaration of our
policy towards the bar of Vermont.
We do not aim to harm all lawyers.
There are in the Vermont bar many
citizens of high. standing and of un-
questioned integrity, men to whom
we would confidently turn whenever
in need of advice. They have le-
Ultimate and honorable work to per-
form in the practice of their profess
sion and we have no desire to dis
credit them or raise any prejudice
against them. But there are others
of whom this cannot be said. They
do not help a client to sure and
speedy justice but rather hedge the
way to justice with technicaIities
that vex and hinder the honest liti-
CANT. This kind of work we feel
should be discouraged. We also
feel that the state has a right to de-
termine how many lawyers it needs
or can afford to employ in judicial
positions or otherwise, that it like
a private business cannot afford too
expensive legal departments. There
fore we feel the legislators should
consider carefully the needs of the
state and not encourage any bill that
will increase the expenses, Of our
judicial department. There is no
question that this would increase ex-
penses and there is much question if
it would improve our judicial work.
So we feel there should be no such
court created at this time.