Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-12-16
vEKMoNr's SUPREME COURT.
U'rom the ST. Adams Messenser.)

Hrom the ST. Adams Messen ser.)
\ very Interesting article, accompanied
by a table, on "The output Of the
Courts" appears IN tho current issue Of
The Docket. a publication designed for
lawyers. In the table accompanying the
article proper are set forth the num-
Der of opinions per year 1914 Is taken as
the Standard handed down by The sew
cral appellate courts in the United
States. the number OF judges comprising
each court. tho average number of opin-
ions per Judge. and the average words
per opinion. Notice Is aiken OF the av-
eragc words per opinion because, 30 It
Is set forth. judges are becoming prolix,
and it is argued that the length OF opin-
ions which are written must be reduced
by providing Judges the opportunity to
give more careful consideration to the
preparation Of each opinion which is
written" Too many opinions are ill-con-
sidered and this shows up in the length.
1t being argue that exact knowledge
tends to conciseness. Undoubtedly there
is considerable in this claim. although
so far as opinions are concerned. some
states require that judgment be pass
ed on every point raised. Irrespective
80 th,' 10 'Ahi-o dA' " 10
ter Of general knowledge among the
legal profession or not.
The statistics presented in regard 70
Vermont naturally are interesting to
Nermonters. and may serve to promote
some healthful discussion of court con.
ditions. The number Of opinions handed
down in 1914 by the five Vermont justices
was 81, an average of 10 opinions each
for tho yaar Tho oN-oyooa p,rnahar ~
words per opinion was S,i62. These fig
ures by themselves mean nothing but
they take on added interest when brought
into comparison with the figures pre-
scented by other states. This comparison
shows that only four appellate courts
in the whole country had fewer opin-
ions per Judge, those in Ohio. New
Hampshire, Delaware and Wyoming. In
other words, Nermont's justices are not
pressed with work when compared with
what justices in other states are expect
cd to do.
1t is also interesting to read that the
Vernon justices hand down lengthy de-
cisions, which The Docket, rightly or
wrongly. considers an undesirable prac-
tice In the main. although it has to be
recognized that some cases must receive
ili'Ac 'iotA 'Ni'SAs' AhS OF''
ions of only three other states are at
greater length, Utah, North Dakota and
Idaho. and in each of these states the
average of opinions per Justice Is much
higher than in Vermont. So far as YER
mont is concerned the small number Of
cases per justice does not seem to be
reflected in the length of opinions. for
Vermont justices have few opinions to
write and succeed in making them long.
while The Docket works under the i'm
preston that ample time would result
in shorter and more concise opinions.
If Vermont's supreme court were re-
duced TO three members instead of the
five, the number of opinions per justice
would jump from 70 to 3lia, which is not
high in comparison with other states.
Indeed, there are % appellate courts
which handle more opinions per men,
Der than this, the average being. It
would seem, we'll over 30. The reader
ought not to jump to the conclusion that
our supreme court has an easy time Of
1t. even though the appearances point
to that conclusion. The Messenger Is
very frank to say that it cannot English
these facts and figures to it's own COM
plete satisfaction. 1t does know that the
decisions of the vermont supreme cour,
nave for years been accepted with
respect by courts and lawyers all over
the country. so that whatever the stu
alton may be, the highest court in the
state does good work. This of course is
the main thing to be considered. 1t may
be that Vermont has struck the ideal
relation between the number of judges
and the amount of work to be done. It
may be, however. hat just as good work
could be done by fewer men of the same
caliber now on the bench. 1t would be
interesting TO read the opinions OF the
matter entertained by the lawyers OF the
State. The leading members of the legal
profession would be able to throw more
light on this matter than could be ex-
pected from a layman who has before him
nothing but cold figures and is unac-
quainted with the personal equation which
must be given Its place and proper re-
laticuship with the whole question.