The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-07-22

THE Times has contended repeatedly that
by reason of the extra-legal status of his
position, Joel A. Baker yields an improper
influence in the administration of Criminal
Court justice.
That contention is upheld, we think, in
the opinion Of the Attorney General Satur-
DAY, which says. in effect, that there is no
such Job as Criminal Court investigator
the position to which Judge Frank P. Baker
appointed Joel A. Baker and under which the
latter has been receiving a salary of $1,000
year.
Reduced to its least common denominator,
Atty. Gen. Philip Lutz' opinion states that
no Judge may usurp the power of the Leg
islatue.
It is the Legislature which creates the jobs
vided for are two bailifs. a chief clerk, and
the number of probation officers necessary to
carry on the business of the court.
No evidence has been revealed to show that
Joel A. Baker ever qualified as a probation
officer. 1t is apparent that Judge Baker
reached beyond the law to provide berth
for Joel
That's The Times Interpretation of the
Attorney Generals opinion. Official interpre-
tation and execution of this opinion rest
with the County Council. We hope they will
view this opinion as pointing very clearly the
path of their duty
NNE parapranh in the Attoroev Generals
~ opinion deserves particular mention be-
cause it bears with extreme Importance on
this subject 1t is quotation of a decision
by the Supreme Court 1t reads:
To hold that the judiciary is so far in
dependent Of the legislative department that it
may disregard and treat as nugatory legislative
enactments passed in conformity with the
Constitution is not only to draw the whole
sovereign power Of the state government into
the judiciary and thus destroy the independ-
ence of the other departments, but it creates
despotism which appellees contend can not
be abolished even by the people. Such prop
ositlon is utterly untenable because it not only
violates the Constitution, but is destructive
Of the state government and the essential
principles on which it was founded"
The word "despotism" and the phrase de
structive of the state government" are strong
language but, we think, not too strong to use
in this case.
IF the laws themselves create a situation
which, advertently or otherwise, can re-
suit in the dangerous abuses of judicial pro-
cedure indicated in that passage then the
laws should be altered. If the problem is
solely one of judicial personnel reforms are
called for in that direction.
1t is The Times belief that the laws ARE
faulty. A criminal judge can not be removed
no matter how unbecoming his conduct or
how inefficient he might be, except on his
conviction of felony. His acts are not even
subject to review by an existing higher au-
thority. This, as the Supreme Court indi-
Gates, is fertile field for the growth of
despotiSm -'
The Times would like to see the law pro-
vide some machinery for a review of the pro-
fessional conduct of Criminal Court Judges,
and for their removal by a higher tribunal
(say the Supreme Court on proper evidence
of misconduct. We believe that the personal
conduct of judge in his courtroom-that the
character and conduct of his appointed staff
has as much to do with the proper or i'm