Evening star., 1922-07-09
Jury TRIALS TAX
DECLARED UNFAIR
Proviso of Appropriation Bill
Puts Police Judges in
a Quandary.
POOR DEFENDANTS HIT
Would Hesitate to Ask Jury Trial
If Costs Might Devolve
Upon Them.
POOR DEFENDANTS HIT

Judges OF the Police Court are in
quandary as to how to proceed in
taxing losing defendants in jury
trials in order to keep within the law
set forth In a rroviso of the District
The text of the provision follows:
For compensation of jurors, $4,000:
Provided. That none of the money ap-
propriated in this act shall be avail
able for the payment of jurors fees
unless the actual cost OF the trial
jury be taxed as part OF the costs,
and judgment rendered therefore, to
be paid by the unsuccessful litigant:
Provided further, That no person in
default of payment thereof shall be
imprisoned on that account"
Procedure IL Problem.
How to assess such defendants and
how to determine procedure in case
the defendant cannot pay his assess
mont is the problem which has pre-
sented itself to the judges of the
court in such an diverse light that
Judge Robert Hardison says recon-
mendations for repeal of the pro-
vision would shortly be made by the
judges of the Police Court. The rec
concentrations are still in preliminary
form and are only tentative, nothing
definite having been finally decided
as to the wording or to the manner
of their presentation. They will,
however, be sent to Congress with
an urgent request for the provisions
repeal.
Case without Parallel.
The case is entirely without
parallel in the history Of the United
States, so far as I can recall" Judge
Hardison said. TT is, as far as we
can see, unworkable. For instance,
a jury may sit on a number of cases.
Some Of the cases may take several
days, and others only few hours.
Some of the defendants must be
losers and others winners. How to
determine how much shall be drawn
from the appropriations to pay for
the acquitted defendants and how
much shall be assessed against the
losing defendants we can. not under
stand. because the United States has
court costs in the District Of CO.
lumbia
Another problem presents itself.
The class of defendants who come
before the Police Court are the yoor-
est class, probably, in the city. Why
discrimination should be made
against this class I cannot under
stand"
Penalised for Asking Jury.
Still another angle presents itself.
The fact that the defendant who has
bene found guilty is assessed the costs
Of the trial. in the opinion Of Judge
Hardison. is virtually penalized for
asking for q Jury trial, to which he
under the Constitution Of the United
States is legally entitled. A person
charged with having committed q
criminel act Or felony can elect q
trial by the Judge or by a jury of
twelve mon. If he Is likely to be
asked to pay the costs besides his
fine. he win in many cases ask for q
trial by the Judge. in order to escape
the penalty. This is believed to be q
point which will be urged strongly in
the recommendations OF tho Police
Court Judges in asking tho repeal Of
the proviso.
1t is interesting TO note that no
such provision as that made to the
Police Court appropriation Is attached
to the appropriation for juries in
either the Municipal or the Juvenile
cnIrfa - - q - as..e