Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1915-03-12
DEFENDER SENDS !
PERSONS TO JAIL !
Merits Of Suggested Changes
Explained at Length by
Legal Practitioner Of
New York City.

nate defendant or from his relatives or
friends.
Seventh.-That the trials in criminal
cases would be expedited.
Eighth.-That there would be fewer
pleas Of guilty" by prisoners Mt the In
stigation Of attorneys who do not caro-
to be burdened with trials In cases
where they receive no fee.
Ntnth.-And that the tone Of the
criminal bar and of the criminal courts
would be uplifted
Details Of the System.
My recommendation would be that
the public defender be an elected Off.
Ger; that his compensation should be
large enough to make it possible to Sc.
cure the services of competent. high
class lawyer. with such stafr Of assist.
ants as might be necessary to properly
conduct such Office; that he should
have the right to employ detectives
and Investigators to aid in the ascer-
tainment of the truth In cases wherein
he Is actively interested. He should
be rs powerful as the prosecuting at
torney, and in certain cases and under
certain limitations he ought to be per
mitted to so before the grand jury,
while a proceeding is pending before
that body, and, being a sworn repre-
sentative of the people, he should re.
ceive the same consideration from that
body MS the district attorney. There
may be valid objections to this last
suggestion. I, myself, am not certain
that l should insist upon it
Indictments are too freely and too
easily found. thereby casting a stain
upon u mans character and reputation
that no subsequent acQuittal can ever
Offset. A public defender could in GER
tain cases. affect much economy to the
state, through saving of the expense
of unnecessary trials upon reckless.
unfounded or faulty indictments.
The suggestion as to public defend
er is not entirely novel. naI is it
vague theory. without practical sup.
port In its favor. 1t has been favor
ably discussed and advocated from
time to time in numerous influential
| newspapers. In magazine articles and
| In public addresses.
Many judges. district attorneys, law
refOrmers, distinguished lawyers and
public spirited citizens favor the idea.
A bill creating the office Of public de-
fender has been prepared by the writer
to be submitted to the New York leg.
islature Of 1915.
Los Angeles Likes Plan.
There is now public defender in the
city Of Los Angeles. created by re-
cent provision Of the county charter.
The favorable comments Of six Los
Angeles judges. Of the district attorney
! Of Los Angeles and of the Los Angeles
press are eloquent tributes to the eff
cacy and necessity Of public de-
fender.
1t has been urged by some who are
opposed to this idea that the district
attorney and public defender might
clash In their respective duties. The
answer to this objection Is that IN Los
Angeles. according to the statement OF
the public defender there, both officials
ARE working tremendously" 1t is ap-
parent that the law does not ask the
district attorney to convict an innocent
person, nor does it ask the public de-
fender to acquit guilty person. Both
can present their respective sides in
the most intelligent and fair manner.
It is then question for the jury and
the court to decide.
Judge Willis Of the superior court OF
Los Angeles recently stated that ut
(the public defenders office has been
great saving to the county in the
matter Of expense" and he also stat
ed, II am well satisfied with the eff
cheney Of the office and of the neces.
sity for Its continuance as matter of
economy and justice"
Defend as Well as Prosecute.
1t has frequently been urged that 1t
would lie al. anomalous situation that
the state, which pays prosecutor to
run down and punish crime. should
also pay another official to defend per.
sons charged with crime. II we as
sumo that the accused is innocent un-
| til he is proved guilty the due admins
tration Of justice necessarily requires
that as much effort be exerted by the