Evening star., 1936-10-12
STUDY NEW COURT
OF SMALL CLAIMS
FOR WASHINGTON
Idea of Judge Nathan Cay
ton Is Receiving Consid.
Grafton Here.
PLAN IN OTHER CITIES
IS BEING SURVEYED
Establishment Of Tribunal Would
Eliminate Formality Which
Often Works Hardship.

Plans for establishment here of a
Small Claims Court, stripping the ad-
ministration of justice of the formal
ity which, in the past, has often
worked hardship on the poor. are now
unoer consideration by the judges Of
the Municipal Court.
Although no action has been taken,
the Judges have made a careful study
of the proposal and have investigated
the operation of similar courts in other
cities.
The Municipal Court Committee of
the District Bar Association, headed
by Attorney Albert E. Steinem, also has
considered the proposal and has unan-
imously recommended that the small
claims branch be created. The asso-
citation as whole is expected to take
action at an early meeting
I'VE are not prepared to fix the de-
tails" Steinem said, but I am sure
they could be worked out. The COM
mittee feels there is need for such
q court"
Idea of Judge Cayton. 80.
The proposal originated with Judge
Nathan Cayton, who has drawn up
a tentative set of rules to govern the
operation of the court if it should
be established. In an article written
for the October issue of the journal
Of the bar association, Judge Cay
ton said:
II have already prepared and pre-
sented a proposed set of rules for the
establishment of small claims and
conciliation branch within our pres
ent court. I have every reason to
believe that this proposal win re-
ceive widespread public support and
approval. The plan is simple one
and can be put into operation with
out additions to our present personnel.
It provides for the assignment Of
cases involving $50 or less to be tried
in a separate branch. In that branch
of the court simple rules of procedure
would be followed.
1T also provides assistance for poor
suitors, shortens the notice period.
widens the scope of inquiry and creates
more friendly atmosphere for that
unfortunate citizen, the poor man in
court Also embraced within the pro-
posed rules is provision for extended
payments on judgments, supplement
tary examination of judgment de-
PENDANTS and other rules in aid Of the
S@,-;,, -, t.
to provide a friedly forum where the
poor man can obtain justice with the
same degree of ease as the citizen
with means"
First Court in Cleveland.
The first Small Claims Court was
established in Cleveland on March Is,
1918. This court soon proved its
worth and others like it are now firmly
intrenched in about one-third of the
States.
The proposed new court would hear
contract cases where the amount in
volved is not more than $50. Damage
suits are expressly excluded because
of the greater difficulty of trying them,
The court also would have jurisdiction
of all proper cases that might be
certified to it by the judges in the other
branches of the Municipal Court.
The court also would be available
for hearing and deciding any actions,
claims or disputes submitted to the
judge as referee or arbitrator, either
alone or in conjunction with other
arbitrators, as provided by existing
law. No judge or other employe of
the court would receive any fee or
compensation for this type of service.
Provision of Rules.
The rules provide that actions be
commenced by the filing of bill of
particulars in concise form, free from
technIcalities. The clerk would be
authorized to aid individuals, but not
corporations, in preparing such bills.
If necessary, the clerk would draw up
the bill, the plaintiff having only to
sign 1t. In this way, it is believed, the
work could be handled without addi-
tional personnel, the only necessary
outlay being for a new docket and
some printed forms.
14OPSliCAitso VI Vic PldA soy ~ WOulu
not encroach on the proper field OF
practicing attorneys. "As a matter
of fact" Judge Cayton said, "it should
prove helpful to them because we can
set up working arrangement with
the Legal Aid Bureau and with vol
unteer attorneys who are sympathetic
with our objective and desirous of
assisting in making this new work
success. AS matters now stand, it is
safe to assume that many cases which
will find their way into this new
branch for hearing are now abandoned
by the parties either because of a
natural fear of the courts or lack
Of FUNDS.
BY handling the small cases, it was
pointed out, the new court should
tighten the work of the judges in
other branches. enabling them to give
more time and attention to the cases
involving larger claims.
In filing a suit, the plaintiff would
have to pay only nominal fee, but
this could be waived by the Judge
II he thought the circumstances war
ranted. When this is done the docket
entry would merely show the entry
"costs waived" eliminating the terms
''pauper" and "in forma pauperis"
now used in cases where the plaintiff
cannot pay costs.