Arizona republican., 1917-12-21

l based upon the principle that ITO him 1 that hath shall be given, but for him that hath not shall be taken away even that which he hath" I recom- mend legislation providing that all 1 judgments in civil cases shall become immediately effective unless after an examination of the record judge of 1 the appellate court will certify that in 1 his opinion the trial court committed l reversible error, and pointing out in l what the error consists.
 Twenty five per cent of the appeals 1 in civil cases are taken for the pur- ] pose of delay alone. This is well il- 1 lustrated by the fact that during the l period of appeals large proportion of these cases are settled by compro- mise for a percentage of the original 1 judgment.
 As an illustration of this, one at torney representing large interests has ] appealed scores of cases in the last 1 fifteen years. He has never succeeded 1 in disturbing single original juds ment, but he has been able to settle great many of these cases out of l court for an average of sixty per cent of the original judgment.
 1 There is no question in my mind but what in both civil and criminal cases i the points considered reversible could | be presented to a judge of the appel i late sourt within 30 days after the l original judgment in order to de- 1 termine whether bond or bail should l be allowed. This would leave the de- cision upon this vital issue with an unbiased and qualified judge and not with a disappointed litigant CT a zeal ous counsel biased by his view of his clients interests.
 At the present time a man or woman without means who has rights needing adjustment. is almost helpless. There should be in each county an attorney having some such title as public de- fender to whom such individuals would have right to go for counsel and as- sistance without charge. The injus- 1 tice of this situation is particularly fragrant in probate cases. In nearly all probate cases the estates are very small, and there are widows and chil- dren who need every cent of the assets, and yet the beneficiaries must go to an attorney and spend quite pro- , portion of the estate for counsel fees and expenses. I am satisfied that legislation could be enacted which would provide for such officers to be 1 appointed at very nominal salary. There are many young attorneys who would be glad to get the experience that would be acquired by such an i office. It would not add to county ! expenses. On the contrary, it would prove very economical proposition. for the reason that such an officer would be able to settle many cases out or court, and to prevent the un- | fortunates who are without means charged with crime. from falling into 1 the clutches of shysters
 | In my opinion we have as conscien- 1 tlous and as able class of attorneys in this state as will be found in any state in the union, but their oblisa- tons to their clients do not give them | tune to take care of the class of mat l ters that l have mentioned should he cared for by a public defender.
 A Judge is helpless in these matters. He Is prevented by law from acting 1 as counsel. He sees the evil. but can not remedy it, and any judge who has | had active experience upon the bench | in court of general jurisdiction is | soon convinced not only that justice IS blind, but that while all are entitled to the protection of the law. many do nor receive it as conditions exist today. 1 would mention the matter of a
 
 1 pensation act, avoiding the evils at present arising from the necessity of the employment of counsel to protect Tn the courts those injured, but I be- heVe this is now being considered by a commission.
 might add that I believe it is yir- tuaIly necessary for the welfare of tho regal profession that laws be enacted at once. making it necessary for an applicant for admission to the bar to nave at least a three years law course Tn school of recognized standing or three years actual study and reading III reputable law office.
 nave given the matter suggested very earnest consideration. and in my opinion legislation along these lines would be very helpful not only toward better administration of justice bI,t toward higher respect for our laws Leading judges and attorneys through out the union have freduentlv com mented upon the evils Of the present procedure which fails to protect inc helpless and the unfortunate,
 Yours truly,
 FRANK o. SMITH. Judge of the Superior Court. State of Arlzona, County of Yavapai