Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-10-10
PAROLE REFORMS
FAVOREDBY JUR|STS
Judges Patterson, Audenried
and Others Sustain District
Attorney in Criticism
WANT BOTH SIDES HEARD
s.N- N-CTiIEZ

Several judges today expressed the be-
lief that proceedings for the parole
or conditional release of convicted per-
sons should be held in open court.
Their views coincided with those OF
District Attorney Rotan, who, aroused
hy the recent release Of Emanuel Auer-
bach. former Fifth ward patrolman, is
striving for a revision Of the parole sys-
TEN here. ,..u
Mr.. Rotan asserts that his ONCE
should be represented al. all proceed
ings designed to gain paroles Tor tnose
convicted in this county.
In the Auerbach case. where sixteen
months of two-year sentence tor
aggravated assault and battery were
served. Judge Bonniwell OF the Munlc-
ipal Cort. granted the parole Oh .ne
former patroiman. although no assistant
district attorney was present when tne
application was filed.
Patterson Sustains Rotan
SIN expressing his views on the sub,
iect, Judge John NJ. Patterson ol
Common Pleas Court No. L. sald.
From my past experience as mem
Der of the district attorney stan as hs
we'll as nv present observations on tne
bench, conclude that it is always un-
wise to grant paroles without the con
sent of all parties concerned. ! nave
always invited an assistant district at-
torney to be present when the case
comes before me, as we'll as the .prooa-
ton officer. In my opinion, 1t is par
ticularly important that the probation
officer be consulted because he is
charged with the custody Of the ac-
cused while he is on parole. -,
kLa HfyR
such proceedings on the general pr1n-,
ciple that all judicial functions should
be performed under the public eye.
There have been occasions when re
quests for paroles have been presented
in my private chambers, but in all such
instances the prosecution as we'll as the
defense has been represented, with any
other private citizen or public individ-
ual who might be interested
Favors Open. Court Hearing
President Judge Charles Y. Auden-
ried, of Common Pleas Court No. 4,
said
Proceedings bearing upon an appli-
cation for the parole of a prisoner
should take place, in my opinion, in
open court l do not wish to discuss
the question except as it applies in the
court in which | sit because / have
only to consider my own public duty in
the matter.
''Since I have been a member of the
judiciary | have always held such hear
ings in open court, with the district
attorneys Office represented, and if the
prisoner was paroled it was because OF
some reason advanced before the rail
1T should be understood that the law
does not require this, bat that it is done
as a matter Of simple justice. an
merely telling you what the practice is
in my court
Judge Audenricd was asked whethe,
the board of judges mad ever officially
considered this problem and replied ht
could not recall such consideration BY
the judiciary. Discretion in parole
cases, he explained, was vested ex.
tIhsively in the courts, and while re
quests might be addressed to the boart
on such matters there was no lega
requirement that the judges discuss
such petitions.
ROtan Favors Publicity
Judge William H. Stake. of Com
mon Pleas Court No. s. was unwillin,
to express any opinion He explained
THAT public expressions on such ques
tions might indicate n prejudice on tn,
part of the Judge on an issue which
might subsequently arise in his court,
President Judge Charles L. Brown
of the Municipal Court, said:
The case which has been just dis
cussed in the public press is an ex
ceptional incident. I do not want I,
talk about judicial subject which
concerns an associate. 1t is the gen
eral practice to hear such cases openly.