New-York tribune., 1921-06-10
Majority Vote
Plan Urged for
Jury Verdicts
Judiciary Convention Hears
Recommendation TO Alter
State Law Requiring De-
cisions Be Unanimous
Disagreements Are Costly
Place a Heavy Handicap ON
Court and Liiigants, Is
View of Former Judge

Changes in the judicial system
which would provide that verdicts, ex-
cspt in cases where the death penalty
is involved, may be rendered by n
vote of majority of jurors instead of
by unanimous vote, were proposed be-
fore the Judiciary Convention, which
held its first public hearing yesterday
in the rooms of the Bar Association,
- West Forty-fourth Street.
The convention executive commit
tee, of which William D. Guthrie is
chairman, pursuant to an act of the
last Legislature, is gathering data for
proposed amendments Of the section of
the state constitution relating to the
organization of courts and the admin
istration of justice.
James P Allen, formerly Judge of
the City Court told the committee that
one of the greatest handicaps with
which the courts have to deal is the
disagreement Of juries. He recon-
nended that the law be changed so
that ten out of the ewelve jurors shall
be able to render verdict.
Disagreements Are Costly
Suppose we should require that
every act Of the Legislature by by
unanimous vote, We would soon find
all the states business deadlocked," he
said. "Disagreements by iuries and
tho consequent retrials not only en-
tail additional work upon the courts
and additional expense upon the pub
lie, but often result in a loss to the
party finally prevailing. Disagreements
constitute one of the most serious i'm
pediments to the administration Of
Justice
Mr.. Allen also urged that the present
fltteen classes of persons exempted
from jury duty be reduced so that only
surgeons and physicians in active prac-
tice be exempted.
Justice Russell Benedict, of the
Brooklyn Supreme Court, submitted
list of recommendations They ia
cluded:
That the Court of Appeals be COM
posed of nine elected judges, including
the chief judges, which would relieve
the temporary assignment of justices
of the Supreme Court from sitting in
the Court of Appeals when the calendar
of that court is crowded.
That judges of the Court of Appeals
and justices of the Supreme Court may
not hold any salaried judicial Offices
after December 81 of the year in which
they attain the age of seventy-five, in
stead of the present retirement age of
seventy.
NOuld Abolish Re1ereeS
Adjustment of the Office of official
referee.
That the Legislature shall be empow-
cred to provide for a pension system
for judges of the Court of Appeals and
Justices of the Supreme Court for re-
tirement from Office after reaching the
age of sixty. and having served in
either or both Offices for term Of
fourteen years. The pension must not
exceed one-half of the compensation
received at retirement.
Adjustment of the Surrogate
Courts in the counties of New York,
Kings, Queens and the Bronx, and of
the City Court of New York and the
County Court of Kings County.
Surrogates James A. Foley and
George A. Wingate opposed Justice
Benedict's suggestion that the Surro-
gate Courts be abolished.
The next hearing will be held in the
Bar Associations rooms on June %.
Meetings also are to be held in Albany,
Syracuse and Buffalo.