The Barre daily times. (Barre, Vt.) 1897-1959, 1921-10-07
JUDGE NAY NOT TAKE
RETAINER nv HIS COURT
Vermont Supreme Court Sets Up I'M
portant Ruling for Conduct
of Judicial Procedure.

In its decision handed down This
week in the case of A. Lee Cady.
administrator, vs.. Mary +. Lang. a
case growing out Of alleged negligence
on the part Of the defendant in run
ming her automobile on June I, 1919.
resulting In the death Of the plain
! tiff7s intestate, the Vermont supreme
court established an important rul-
ing, to wit, that judge of eoun-
ty court cannot lawfully accept re-
tainer a. an attorney to bring suit
for another person in the court Of
which he is member and there en-
gage in the trial or management Of
the case under such retainer.
Chief Justice Watson's opinion was
that Edward H. Edgerton Of Rockies
ter, an attorney, was, at the time of
the accident in question, and ever
since has been one Of the assistant
Judges of Windsor county court, in
which court the suit was brought;
vet he became and was one of the
plaintiffs attorneys in the bringing Of
the suit, and his name, with that of
associate counsel, was 80 endorsed on
the writ. On the opening Of the court
term in which the case was tried Judge
Edgerton was present and acting in
his judicial capacity but when the case
was started he did not sit on the bench
and did not act with the other Judges;
on the contrary, he occupied seat
within the bar apart from the counsel
actively engaged in the trial
Chief Justice Watson stated in his
opinion that Judge Edgerton did not
nit with counsel in court during
the trial. nor appear with them before
the court at any stage of the pro-
ceedings; but, the opinion continues:
''It was conceded, however. that when
the court was in recess, he consulted
with other counsel for the plaintiff re-
garding the conduct and management
Of the case. And in the course Of the
introduction Of evidence by the defend
ant. and while a witness called by her
was under REORGANIZATION, Judge
Edgerton arose from his seat within
the bar, crossed the room to the table
in use by counsel for the plaintiff, and. !
in the presence of the jury, handed
TO one of his associate attorneys a slip
of paper, and Immediately resumed his
seat. This paper contained, in the /
handwriting of Judge Edgerton. a !
suggestion concerning the cross -exami.
nation Of the witness"
The defense Immediately applied 70
he court 70 discharge the jury, claim
ing that. in order to maintain the
sanctity of our courts, it should he
held in the circumstances TO be a mis-
trial. The court ruled against the mo-
ton, and the defense took exception.
The question thus presented, says The
supreme court opinion, was before the
supreme court for the first time in the
history OF the state.
Ruling that the action Of Judge Ed.
gerton was indefensiblc, the supreme
,ourt holds that the statute under con
iideration also prohibits a judge Of
he county court from accepting a re-
amer or acting as an attorney or
counsel in bringing or managing any
nit in which he has no personal in
crest, during bis judicial term of Of
Ice. a. necessary in order 20 make the
tatute effective in serving the purpose
or which Il was intended"
Continuing. the ruling maintains,
Every man Is entitled by law not
My to a fair trial of his case. but to
ne as free as may be from suspicion
4 partiality or undue influence; and
10 argument should be necessary 10
onvince one that when a Judge leaves
he bench and appears a. an attorney .
r counsel in a case on trial by jury +
n his own court. the minds Of the iur-
r.. who are accustomed 20 receive and !
hey instructions from the court, have
" reason thereof been unduly infu- !
need and an impartial trial not had. I
In concluding, the opinion says; /
The foregoing question has received /
ar most careful consideration not :
molly because Of the case itself. nor q
ecause Of the manner in which the :
legal acts in court were performed -
he acts Of Judge Edgerton in that I:
if proper. could hardly (;
ave been more dignifed or less obiec- I:
ionable-but because required for the /.
protection Of public ard /:
rivate rights. the great object for (:
-hich courts with their Judges and Of
cers are established and maintained /:
The case was sent back 10 county /;