Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-10-28
VERMONT'S side JUDGES.
One of the Features of the states Jul
dietary System Tint Amuses Out
siders.

(Montpelier Letter to the Boston Herald)
Side judges, or to give them their official
titles, assistant Judges of the county
court are peculiar features Of Vermont
judiciary system not eliminated in the re-
cent reorganization. These Judges are
laymen. Their status is not clearly de-
fined in the section o. constitution
creating their positions. 1t is generally
/ assumed that they are ornamental rather
than useful and sarcastic writer a
century ago proposed to save expenses
by substituting wooden figures for the
men who occupy the side seats on the
benches in county court. He suggested
that the bodies be made Of bass wood and
the heads of lignum vitae. the one Of
little use, the other impenetrabe
These side judges are Joke. They
We're originally created in order that,
familiar with local conditions, they Nigh.
advise the presiding judge on certain mat
tiers, and also perform certain minor du
ties. like those of jail commissioners in
some States. Their activities in an ad-
visory capacity were predicated upon the
old English idea which required "a jury
Of the vicinage" to sit In any local trial
cution and defense in n criminal trial is
to find jurymen who do not live in the
vicinity where the crime was committed
or who have no knowledge OF the case
they are to hear. Modern judicial pro-
cedure requires that the verdict In any
case shall he based On evidence admitted
in court and not on any previous knowl-
edge in the possession Of any member OF
the jury.
| But on two recent occasions the side
! judges in n Vermont court have assume ]
to overrule the decision of the presiding
Judge. They constitute a majority Of the
court. two against one, and the Judge
who is presumed to have a knowledge OF
the law, can only maintain his position
against his lay associates by such per.
sonal argument as he may he able to
bring to bear on them. Thus the laymen
are in potential control Of the county
courts Of the State. 1t Is seldom tina,
these lay judges have undertaken to as
sert their authority and TO overrule the
presiding judge but the recent cases show
that they have such power. OF course
| their rulings may be overrued by the
supreme court, but their exercise Of au.
thority may involve the delay and ex-
pense of carrying to the supreme court
matters that might have been finally dis
posed Of in the lower court.
If these Judges were chosen with regard
to their special fitness for what has bee
presumed to be their official function
to advise the presiding judge on matters
not involving questions of law-the cas-,
would be different. But theY are usually
chosen because they deserve some rewart
from the party for which they have work
ed. and the per diem granted them To-
sitting ON the bencl. on tho DAYS wher
court Is in session is easily earned ant
constitutes a considerable reward To-
party services 1t Is easy to see that II
these days OF radical opinions and ex
treme theories such men. laying hold ,
power not supposed to be theirs OF right
may constitute an actual menace to tn,
State and that their Interpretation of Law
may become serious matter. And tn,
worst of the situation Is that under tn,
present constitution that document can
not be amended to abolish these useless
APPENDICES earlier than 1924