The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-05-20
|S0ME CHANGES
| IN STATUTES
| MUCH DESIRED
Judges Pick Flaws in States
Method Of Administer
ing Jusice
LAW NOW IS EXPENSIVE
Legislature May Be Asked ia
Make Judicial Council
Part Of System

North Dakota's district judges yes
terday picked flaws in the states
method of administering justice.
Intimate personal experiences were
disclosed by the jurists as they told
fellow members Of the first state
judicial council of the troubles they
have encountered in preventing un-
due delay and obtaining satisfactory
administration of justice in both
criminal and civil affairs.
Different systems of meeting
problems in the various districts were
outlined in the hope of obtaining
further suggestions and at the same
time be of possible help to others
at the meeting.
Special attention was centered on
the problem caused by the law per-
mitting double-headed affidavits OF
prejudice against judge and re.
questing a change of venue. This
law, it was agreed, has cost North
Dakota counties thousands of dollars
and often has resulted in undue de.
lay.
Should Charge Fee
A proposal to charge a fee with
each affidavit as contained in a bill
defeated by recent legislature, met
! general approval. One Judge recon-.
mended that the necessity for ar
! affidavit be removed in order tt
prevent the practice of perjury. All
! agreed that in many cases such affi.
davits were filed to obtain delay
i and many gave personal experiences
One judge told Of how criminal
case involving an alleged attempt tc
'beat" a small board bill cost the
county over $500 because an affidavit,
OF prejudice was filed and change
Of venue demanded Another judge
recommended that the law be chang
ed so that judge could designate q
practicing attorney, living in tha
county, to hear the case without de
lay. Under this system an adequate
showing Of cause would he required
before a change Of venue could bt
had.
Privilege Is Abused
| Declaring that affidavits Of preju
dice are "more abused than used,
Chief Justice A. NJ. Christianson sal,
that one firm. had filed nearly 6l
affidavits Of prejudice during ont
| JeTU OI u ulSIIIcl COuTl.
The fellows" rs the judges ca3l
| ed each other, the usual judicial dig
nifty having been cast aside, agreed
that the present law is costing fal
more than any resultant benefit ano
that the taxpayers are feeling th'
burden.
Other points suggested were re
ductiOn of the number Of jurors il
xsxsp 80
examination of jurors as to thei1
qualifications by the judge to save
time; granting the state the same
number Of peremptory challenge.
as the defense in criminal cases
the handling of prisoners sent to jai
part Of states attorneys in the col
lection of fines and bonds.
Much Money Lost
Thousands of dollars are beinl
lost, one judge said, because state:
attorneys refuse to spend count.
money to collect fines and collec
| on bonds when the amount collected
goes to the school fund. Fhe re
sulting failure: Of justice is seriou:
problem, he said.
Another Judge told how, by ar
rangement with sheriffs, men giver
Jail terms in his court were sentenc
ed to hard labor and how one city
had repaired it's streets and another
built a park by this method. Thi:
system, it was pointed out, reduced
the high cost Of keeping men IN jail
and, at the same time, saved then
from the disadvantages Of spending
a long period in idleness.
Consideration was had of pro
posal to ask the legislature to enact
q law making the judicial council &
| definite part of the state judicia
system.