Evening star., 1935-04-16
Magistrates Courts.

istrates' courts in the District for the
disposition of minor offenSeS is being
studied by the Commissioners Ad-
visory Committee on Traffic Problems
and may be embodied in legislation.
The suggestion is interesting and
may demonstrate its value, but it is
even more important to consider the
factors which prompted the sugges-
ton. Mr.. Prettyman has given them
long and intelligent study. They may
be summed up in the statement that
Washington's Police Court system for
the disposition of the tens of thou
sands of minor offenSes arising under
the traffic and other laws has become
completely begged down by the sheer
weight of numbers and the situation is
little short of disgraceful. Unless re-
medal steps are taken to rid the con-
gestion now existing in the Police
Courts. trials there which assure JUS
tice will be practically impossible.
About half the time of the Police
Court is now given to cases prose-
cuted by the corporation counSel's
Office and about half to those prose-
cuted by the District attorney. The
result is the same as if all the cases
prosecuted by the corporation coun-
sells Office we're handled by two
judges. In number this means about
$4,000 cases for each judge in a
year. requiring, according to Mr..
Prettyman's statistics. disposition by
each judge at the rate of $50 cases
per judge per week, or about 100
cases a day Even such an impos-
Sible task does not take into con-
sideration accumulations of cases aris-
ing from continuances, etc. which
require additional time.
And the trend now seems to be
as represented in the passage by the
Senate yesterday of the nlanifestly
desirable negligent homicide bill-to
enact new laws which will serve
merely to increase the amount of
work already expected from the Po-
lice Court. While it may be good
thing to bring into Police Court for
disposition certain type of case not
properly handled by reference to a
grand jury, anything that increases
present congestion at the Police Court
is to be regarded as unfortunate, If
not worse.
Last year there were some $4,000
cases of drunkenness, disorderly con-
duct, speeding and parking and other
minor traffic violations coming into
Police Court, each one of which re-
quired sworn complaint by the arrest
ing officer before an assistant corpo-
ration counsel, who had to draw a
lengthy information" described as
only slightly less complicated than O
grand jury indictment. So much time
and energy by prosecuting officers is
required in the mere preparation Of
paper forms-which in other juris-
dictions are not required-that their
careful study and preparation of
other, more important, cases is prac-
tically impossible. Working at top
speed, for instance, it has been shown
that nine jury trials week in Police
Court represents the maximum. Yet
jury trials are demanded at the rate
of twenty a week, and under the
present system there is an automatic
accumulation of ten or more jury
trials a week, with the prosecuting
officers and the court never able to
catch up because of the pressure from
the $4,000 and more minor cases that
must be disposed Of each year with
out jury trials.
Such a condition prevents justice to
the accused and to the Government.
It results in the settlement Of cases
Thy bargaining with the accused on a
light sentence) which should never be
settled and in the disposition of cases
by nolle pros which should come to
trial.
The proposal for magistrates courts
is based on the hope of ridding the
Police Court, as at present organized,
of the pressure from some $4,000
minor cases each year, placing their
disposition in the hands of magis-
trates' courts, and to simplify the un-
necessarily complicated procedure Of
prosecution. Other cities have sue
ceeded while Washington relies on
antiquated machinery designed long
before the day that the first auto
mobile appeared on the streets.