The New York herald., 1922-07-14
Laywomen on the Bench.

The Republican organization in
Westchester county desires to nomi-
nate for Judge Of the Children's
Court to be set up in that county
woman who is not lawyer. The
candidate is Miss RUTH TAYLOR,
whose labors as a social worker have
been of definite and recognized value
to the community and whose good
sense, feminine intuition and knowl-
edge gained from experience are held
to qualify her better to sit in judg-
ment on juvenile delinquents than
would book knowledge of the law.
To designate Miss TAYLOR 1t was
necessary to get the opinion of the
Attorney-General as to her eligibility.
Mr.. NEWTON has ruled In her favor.
In his opinion. which is binding un-
less upset on judicial review. the
statute creating the court permits the
election to its bench Of men and
women who are not members OF the
bar.
II this opinion Is sustained the
statute marks profound change in
the policy Of the State. For many
years there has been a gradual cur
tailment Of the field for lay judges.
the law allowing laymen to serve as
police justices was repealed and the
City Magistrates law, under which
Magistrates must be practicing mem
bers Of the bar, was enacted. In other
cities Of the State the same tendency
has been observable. At present. un-
less there are inconspicuous cases Of
survivals Of the ancient practice,
there are no New York judicial Off
GERS above the rank of Justice of the
Peace who are not required to be
members of the bar.
In other States there has been a
similar movement away from in
trusting judicial matters to laymen,
notwithstanding the common an
tipathy to red tape and the increas-
ing demand for disregard for techni-
calities In court procedure. This ten
dency has been observable in New
Jersey.
The revival of the lay Judge in the
Children's Courts will be defended on
the ground that the offenders ar
raigned in these tribunals need treat
ment dictated by common sense and
sympathy rather than the inelastic
penalties Of the statute law. Yet
many intricate problems Of law may
come before these courts. The Con-
stitution, as amended In 1921, reads:
~The Legislature may establish
childrens courts, and courts OF do
nestle relations, as separate courts,
or as parts of existing courts or
courts hereafter to be created, and
may confer upon them such jurisdic-
ton as may be necessary for the
correction. protection. guardianship
and disposition of delinquent. neg
lected or dependent minors, and for
the punishment and correction Of
adults responsible for or contributing
to such delinquency, neglect or de-
tendency. and to compel the support
Of a wife, child or poor relative by
persons legally chargeable Herewith
who abandon or neglect to support
any Of them. In comforting such
jurisdiction the Legislature shall pro-
vide that, whenever child IL COM
mitted to an institution or is placed
IN the custody Of any person by pa
role, placing out adoption or guar
dianship. 1t shall be 40 committed or
placed, when practicable, to an insti-
tuition governed by persons, or in
custody of person. of the same
religious persuasion as the child. In
the exercise Of such jurisdiction such
courts may hear and determine such
causes. with or without a jury. ex-
cept those involving felony. Ex-
cept as herein otherwise provided, all
judicial officers shall be elected or ap-
pointed at such times and In such
manner as the Legislature may di-
rect"
II is plain that all the cases in
volving Juvenile delinquency, aban-
donment. improper guardianship and