Evening star., 1936-05-08
PROBATION STAFF
INCREASE URGED
|. AT HOUSE HEARING
Judge Bentley and WelIiver
Say Present Help Is
Inadequate.
JURY TRIAL ABOLITION
is DEBATED SHARPLY
Constitutionality of Proposal
Questioned-New York Jurist
Upholds Proposal.
BY JAMES e. CHINN.

Need for an increase in the staff of
probation officers at Juvenile Court
was stressed today by Judge Fay L.
Bentley and Edward M. Welliver, as
sistant corporation counsel assigned to
the court, at the second hearing on
the Norton bill to modernize the courts
procedure before a special subcommit.
tee Of the House District Committee.
Welliver declared the present stan
Of nine probation officers, seven Of
whom handle juvenile cases, and the
other two adult cases. Is decidedly in
adequate" Judge Bentley pointed out
the two officers handling adult cases
are responsible for about 500 cases
each, which is far in excess Of the
standard quota.
A sharp difference of opinion devel-
oped as to whether children brought
before the Juvenile Court should be
denied the opportunity of jury trial.
AS now written, the bill would change
Juvenile Court procedure from a crim-
inal to a chancery system.
Validity Questioned.
"CilltCl QuCStAOlCo tlIC LOllctltublOl1@
atty of the measure on the ground it
would deprive children of the right to
a jury trial, and said, there are many
places where it might be changed"
However. he indorsed the proposed
new legislation in general.
Judge Bentley said she is whole
heartedly behind the effort" to mod
ernize and humanize the procedure of
her court, and strongly Endorsed the
provision to eliminate jury trials.
The elimintion of jury trials will
not be loss to any one" she declared.
pointing out that in the last 20 years
there have not been more than 20 jury
trials in her court.
Judge Julian w. Mack of the United
States Circuit Court of Appeals of
New York and former Juvenile Court
judge, expressed the opinion the bill
would not deprive any one of consti-
tutional rights. The theory behind the
measure, he said, is the same as the
one back of the original Juvenile
Court law-that the State owes q duty
to its children.
Meanwhile. it is planning to make
surprise visits to all institutions to
which children are committed by the
court or the Board of Public Welfare
Chairman Nichols made this dis
closure just before today's hearing. He
said the subcommittee would visit these
places to determine If they are ''fit to
havl1A ~, 70 t%n
unfit" he said, would be blacklisted.
Nichols explained that the sub
committee would not announce its
program Of visitation in advance. I'VE
want to drop in Unexpectedly" he
declared. IF we tell them ahead of
time we are coming everything will
be in ship shape The subcommittee
wants to find conditions as they really
exist"
For Standard Program.
The primary purpose Of the investi-
cation, Nichols declared, is to fix
standard program for all institutions
to follow which handle delinquent
children. IF they don't meet that
standard" he said, "the subcommittee
will see to it that no more children
are placed under their supervision"
Nichols intimated that the sub
committees visits to the institutions
would start some time next week after
conclusion of the hearings on the
Juvenile Court bill.
Judge Mack also said he believed q
Juvenile Court Judge should have legal
training because 1t gives the Judge q
conception of constitutional restric-
ton. Legal training. however. is not
sufficient, he declared, and is not to
be preferred above all other factors
that make good Juvenile Court Judge.
William A. Roberts. peoples counsel,
approved the proposed change from
criminal to a chancery procedure in
Juvenile Court, but said the court
should be given discretion to hold jury
trials.
The present type of Juvenile law is
broken down." Roberts declared,
partly because Of improper admins
tration and partly because of made
quate personnel, but chiefly because
the system Is based on Criminal Court
procedure.
The subcommittee will resume its
hearings Monday at 10 am.