New-York tribune., 1921-06-22
Ford Sues Court
Accusing 1t of
Unfair Methods
Justice Seeks to Enjoin
Appellate Bench From
Alleged Discrimination
in Assignment of Cases
Asks His Share of Work
Cites Tabular Records to
Show Times Judges Served
i'm Different Sections

Justice John Ford, Of the Supreme
Court. who has made several attacks
on the Appellate Division of the First
Department for its alleged discrmina-
tion against him in the matter of cour.
assignments, filed q suit in the Supreme
Court, Kings County, yesterday against
Presiding Justice John Proctor Clarke
and the other members Of the Appel
late bench to enjoin them from con-
tinuing their alleged discriminate
Justice Ford, who is the author of
pamphlet entitled Degradation of the
Supreme Court in the Manhattan
Bronx District" in his complaint says:
"The work of the court which IS
most desirable and interesting and
which requires the highest qualifca-
tions in justice and the widest knowl-
edge Of the law is done in those parts
of the court from which plaintiff either
has been entirely excluded or to which
he has not been assigned during fair
share of the time"
Quotes From Constitution
Justice Ford adds that he is in
formed and believes that the Appellate
Division intends to continue the al
legged discrimination against him. He
demands in his petition that the de-
PENDANTS be enjoined from continuing
their alleged unlawful discrimination
and that they be required to exercise
their power under Section of Article
VI of the Constitution, ain accordance
with the true spirit and intent of that
instrument, and that they be directed
in making assignments of justices Of
the Supreme Court TO do 50 in such
manner as will afford plaintiff oppor-
tunity to perform all the functions of
the work of the Supreme Court"
The justice attaches to his COM
plant exhibits setting forth the num-
ber Of weeks the twenty-seven JUS
tices of the Supreme Court in the First
Judician District have sat during their
tenure in Special Term, Parts I, II and
Ill, the parts to which the complaining
justice states he has not been assigned
in proper order CT from which he has
been excluded.
Cites Assignment Records
The tabular records shows that dur
ing his fourtecn-year term on the
BENCH which ended last December 81
Che is now serving the first year of his
second term), Justice Ford was as
signed to the three parts for thirty
two weeks. Other justices, who also
served fourteen years, were assigned to
those parts as follows: Justice Gieger-
lch, 1872 weeks in Manhattan and twen-
ty-nine weeks in Special Term in Bronx
County; Justice Greenbaum (now on
the Appellate Division bench), 1l9
weeks; Justice Newburger, 101 weeks;
Justice Hendrick, siXty-eight weeks;
Justice Guy, sixty-four weeks in Man
haitian and four weeks in the Bronx;
Justice Platzek. sixty-two weeks; JUS
tice Erlangeer, fifty, eight weeks. The
figures of Justice Ford further show
that in the two years served in the
Supreme Court by Justice Clarence j.
Shearn, later designated to the Appel
late Division and who subsequently
resigned, he sat in the three Special
Terms fourteen weeks, while Justice
Page, now OF the Appellate Division,
during his six years in the Supreme
Court. was assigned to those terms for
period of forty-three weeks.