The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-12-17
1000 Law EXPERTS
FAVOR REFORMS FOR
EFFICIENT JUSTICE
Specialist Jurists Urged and
Privilege of Defendant
Waving Jury Trial
WOULD APPOINT JUDGES
Majority verdicts Backed in
Referendum Of National
Economic League


North Dakota registered 100 per
cent for the establishment OF state
judicial councils in a referendum held
by the National Economic league on a
proposal for an efficient reform IN
the administration of justice. Mem
bcrs Of the national council OF the
league voting on the proposals from
this city were Isaac p. Baker. Thomas
Hall. F. E. McCurdy. f. p. Quain,
Louis B. Rubin, S. G. SevertSon and
George f. Will. The referendum reg
istered more than 1000 votes and was
nationwide. Appointment OF Judges
rather than electing them was in
oorsed. specialist JUICES are another
feature favored and allowing the de-
PENDANT to waive jury trial in GRIM
inal case and allow the court to try
him are among The proposals ratified
as means to speedier. more exact and
less expensive administration of JUS
ticc.
g Questions Passed on
Twenty-Five main questions have
teen considered The first relates to
the establishment of permanent state
judicial councils. The duty of these
councils would be to study the vari-
Gus branches of the law in action, and
TO make recommendations for their
improvement. This proposal is fav
ored by 8l8 of the members, and op-
posed by 100.
Seventy per cent of the members
are found to favor an appointment
rather than an elective judiciary, and
most OF those approving the latter
hold that elections should be by
means OF separate nonpartisan,
nonpolitical ballot. For appointed
judges retirement at the age of 70
is generally approved.
Unification of the judicial system
and specialized branches of the courts
with specialist judges in the larger
cities are overwhelmingly favored.
More than IS per cent approve the
proposal to give trial judges power to
sum up the evidence orally, and to
comment upon its weight and the
credibility of witnesses. A smaller
majority is registered for the pro-
posal to allow courts of appeal to re-
Ccive new evidence, to make new
findings of facts, and to enter final
judgments based on such evidence or
findings.
Majority Vcrdicts Favored
Over 90 per cent OF the council
think defendant IN criminal case
should be given the right to waive
jury trial and be tried by the court.
Only one-fourth would except capital
cases. but three-fourths advocate
three judges for such cases. Three
fifths hold that defendant in a
criminal case should not be required
to take the stand. but that comment
on his failure to testify should be al
lowed.
One OF the most interesting points
IN the report is that the council is
nearly unanimous in favor of the plan
OF enabling less than II Of the Jury to
return verdict in civil cases. For
criminal cases the same system is up
held by a vote Of about three to one.
Sixty-five per cent of the members
would not except capital cases. A
majority held that nine jurors should
be required to concur to secure q ver-
dict. Most of the members voting adj
wise smaller juries in cases OF misde-
meanOrS.
Mental capacity of person to be
tried. four-fifths of the members be-
lieve. should be determined by dis
interested experts and the question
OF responsibility should be passed
upon by the court rather than by the
jury.
Higher Bar Qualification
Higher requirements for admission
to the bar are advocated. Six hum
dred and sixteen as against 227 OF the
members think that the entire bar Of
each state should have an official or
ganization with compulsory member
ship, annual dues, and powers of self
discipline, subject to judicial review
or appeal. Eighty-five per cent of the
members believe that two years of
college work as recommended by the
American Bar association be exacted
for admission to the bar. A larger
percentage believe that there should
be an examination on character and
fitness as we'll as on knowledge of
rules Of law. and that there should
be educational requirements other
than knowledge of law.
State Law Uniformity Urged
Standing legislative counsel to i'm
prove the technique of lawmakine.
greater uniformity in state laws on
many subjects, conversion of many
violations OF law now called crimes.
but punishable only by fines, into
civil offenses involving liability to the
state without criminal record also
carry MAJORITY recommendations
State legislation for public defenders
is favored by narrow margin, and
there Is an almost equal division OF
opinion. 433 against 1923, as to whether
district attorneys should be appointed
or elected.
While q majority favor retention Of
the grand jury system, the trend Of
opinion Is toward 4 limitation OF
grand juries' attention to more SER
ious cases. Seventy per cent of the
members voting favor making agree
ments to arbitrate business disputes
enforceable by summary procedure.
The above recommendation the
league states. are not offered as q
final and complete program for the
Improvement Of the administration Of
justice IN this country. They are in
the mature Of q preliminary survey Of
pres1nt opinion. and are intended to
prorude . basls for further study Of
tess yt:oject.
vote On Unifcem Laws
Part Of tho referendum, on uniform
6tate laws, has not been codilied by
States. Il shows the vote to b on
Yes No
Marriage and divorce 7si 10