The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-14
JUDICIARY LAW
REFORM ASKED
BY INGRAHAM
Head of Appellate Division
Proposes appointment
of Judges.
WOULD LIMIT RIGHT
OF TRIAL BY JURY

IRE views OF Presiding Justice
George l.. Ingraham OF the Appellate Di-
vision Of the Supreme Court as to pro-
posed changes in the judiciary law at
the constitutional convention have been
expressed in a speech TO the members Of
the Bar Association. which was heard
BY many delegates to the convention.
Justice lngraham proposes many radi-
cal changes in the law. chief OF which IL
the appointment Of Judges to serve dur
ing good behavior rather than their cleo
ton for stated terms a limiting of the
right to trial by jury; the organization
Of a separate appellate court to near
criminal cases granting power to the
judiciary rather than to the Legislature
70 make rules OF practice. and finally cor
rec,ion Of the abuses arising through the
appointment of referees.
The Justice pointed out that none OF
the proposed changes affect him per-
sonally. since his service is about to ex-
pire. and said:
II have felt the limitations upon
IN the practice and the impossibill'y
under our system for the Judges or the
courts Of Justice TO reform existing
abuses. But what feel mos: strongly
u that II Is on the method OF selecting
the Judges and preserving their indie
pendence that the whole future admin
ktrstion of justice depends. The people
OF the state nominally select the Judges.
They will have Just exactly the sort OF
Justice that they deserve, for they will
have just such an administration OF
Justice as the character and professional
publications of the Judges whom they
elect will give them.
The Administration Of Justice.
III the Judges that are selected are
competent. honest. industrious, judicial
officers. there will be a satisfactory ad-
m!nisti alton of justice with almost any
system. II the Judges selected are IN
competent, indolent. dependent upon
others, there will be an unsatisfa Glory
administration Of justice with any s!s-
tenn however good II is now the duty
OF the people of this state to see to II.
and particularly the duty OF the MEM
bers OF the profession throughout the
State. who have the control OF the IRAN
Ing of it's Constitution and OF the Legs-
la,ure. to see to it that justice Is prop
erly administered.
ON the subject OF the appointment Of
JUDGES to serve during good behavior
Justice Ingraham said that unless the
Judge is absolutely free TO express ms
conviction, unless the sole object that ne
haa In mind is to do justice without rear
or favor. unless he can feel that neither
the favor nor the enmity OF any one can
AFFECT his future or limit his continuance
In office he cannot be depended on when
the stress comes" Justice lngraham
also said:
cit seems to me that the first con-
sideration should be paid to the protec-
ton Of all judicial officers from any IN
reference by any one with the dis
charge of their official dut!es-either in
reference by the mob or by a majority
% the people or by the legislative or
executive departments OF the state
And such independence can only be Sc
cured by stable tenure OF office during
eood behavior and where no Judge tas
to curry favor OF political leaders or the
popu,ace or the executive or legislative
departments of government
Politics Hurts Justice.
at seems TO me radically wrong 10
Put a man in the position of Judge OF
Justice. giving him power necessary to
prom rly administer his office and ther
reoure him TO keep the favor OF poll
tcans or others in order TO assure MIN
continuance in his ONCE. Nothing II
more resented by the profession. anc
Urht,y resented. than the idea or
Judge taking part in political AFFAIRS oil
acting as adviser of political leaders
and yet II a Judge refuses to keep II
touch with these leaders he arrives a
the end OF his term without friends
among those who can secure his re
r'lIuation and reelection"
Justice Ingraham also suggested TN
absolute necessity" of having SOM
m thod adopted by which the qualifica
tons of candidate for a Judgeshp ma!
he determined He believes experience
has shown that where the selection o
Judges is given to a Governor or othe
n,ad Of administration who can con
sd"Y the qualifications of the canddat
and VINO will be charged with the re
spon> iblity for improper appointment
"th5le is much less danger OF an i'm
proper selection than where an IRE
sponsble political leader selects IN
Judge
Concerning the limiting OF appeals t
the Court OF Appeals Justice 1ngrahar
said that there are more than 700 case
on the Court OF Appeals calendar ana
the present rate II will be almost thre
year. before a case decided by the AT
peNate Division can be reached by IN
Court Of Appeals. He believes tina
there i not "A real hope Of reversal !
considerable proportion OF the case
appealed He believes appeals Shout
he restricted to cases where importar
questions of law are really presente
m where the Appellate Division Judge
have any doubt as to the correctness
thor decision
Justice lngraham said that there ha
beer more criticism OF appeals in Grim
ma cases than in any other departmei
o. appellate work and that under IN
present system "a convicted felon Ia
large sometimes for years before h
appeal can be finally disposed of"
addition to the other delays there al
'"nr Independent tribunals now hearir
app"a.s IN criminal cases with differei
Ir'udeS toward the methods OF el
forcing the criminal law. (which ser
"us,y stands in the way OF prompt ar
t'to.ent administration OF criminal law
Court of Criminal Appeal.
Justice Ingraham suggests that
court ~ criminal appeal be establish'
10 consist OF the Chief Judge OF q
Court OF Appeals or one Of his assoc