Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-04-14
Judge Cayton Takes Lead
Backing Plan Before
Senate Group.
EXISTING FACILITIES
CITED BY OPPONENTS
Series Of Amendments to Bill
Urged by Sokol of D. c.
Lawyers Guild.
BY j. A. O'LEARY.

involving sums of 500 or less.
Taking the lead in support of the
bill, Judge Nathan Clayton OF Munic-
ipal Court said he has felt for long
time that poor litigants, plaintiff
and defendant as WELL were not re-
ceiving and could not under our pres
sent system receive the same atten-
ton and care in the disposition OF
their claims as those able to engage
lawyers
Taking issue with this contention,
opponents told the committee the Dis
trict already has informal, simple
procedure in handling small claim
cases in Municipal Court.
Among those who joined Judge
Cayton in favor of the main object
Of the bill, although some suggested
changes in details, were: David Sokol
Of the local chapter of the Lawyers
Guild, Prof. John S. Broadway of Duke
University, Attorney Daniel Thew
Wright, a former District Supreme
Court justice; Mortimer Reimer, secre-
tary of the National Lawyers Guild,
and former Judge James A. Cobb of
Municipal Court.
Sullivan Opposed.
Among those who declared the bill
unnecessary were J. Barrett Carter
and Leo N. Mcclure, members of the
local bar. Attorney George E. Sullivan
also was scheduled to appear in op-
position.
Sokol, first witness for the bill, sug-
gested series of amendments, in
GLIDING:
That the limitation on cases in
Small Claims Court be $50 instead OF
500; that no written pleadings or
aft1davits be required except the state
ment of claim and verification; that
the penalty section be eliminated, and
elimination also of section that would
allow the court to call debtor back
once month after the judgment for
supplementary examination regarding
his ability to pay the judgment.
Sokol told the committee the small
claims idea has been a success.
Judge Cayton, who took the lead in
advancing the proposal a year ago,
summed up the provisions of the
measure as follows:
ut involves no appropriations or new
personnel. The branch would have
Jurisdiction in all cases, contract and
damage cases as well, not exceeding
500.
Could Act as Arbitrators.
THE judges serving in the branch
will be authorized to serve as arbi-
traitors or referees under the D. c.
arbitration act, the United States ar
bitration act or otherwise
THE clerk will prepare the state
ment of claim and other papers for
individual defendants, but not for cor
porations.
Service by registered mail is pro-
vided, as in many other jurisdictions;
also, service by private individual
"A simpliied statement of claim
and notice is prescribed
Filling fees are reduced from ST Is
to 81. Persons unable to pay costs can
have the services without any pay
ment and without being stigmatized
as paupers.
THE cost of bonds and undertakings
is made taxable cost.
TO deter professional litigants,
costs may be awarded up to $25 for
filing frivolous or vexatious claims or
defenses
Before the trial the judge is
authorized to effect a settlement by
Cancellation. If Cancellation fails the
trial is had under informal procedure
"By consent of all parties any case
(even over 5000 may be certified to
this branch for Cancellation
I'm proper cases the Judge is au-
thorized to withhold entry of judg-
ment or to stay execution while the
defendant pays off the judgment or to
stay execution while the defendant
pays of the judgment in installments
Examinations Provided For.
ITO reach the assets of purposeful
defaulters, supplementary examina-
ton of the defendant is authorized
once every four weeks.
THE court is to sit every day except
Sunday and to hold at least one night
session each week.
THE right to jury trial and the
right Of review in the Court of Ap-
Speals are preserved"
. Prof. Broadway said poor client.
seeking justice today are confronted
with three obstacles, namely: Ths
delay Of court procedure. the cost O.
such procedure and the complicated
processes of litigation. He offered NJ
criticism of the bill and predicted i
would work well.
II. Speaking in favor of the main pur.
pose Of the bill, Wright said it woulc
broaden the function of the court Il
allow the judge to act as conciliatol
for persons unable to afford the cos
Of litigation.
IA Carter and MCGUIRE pointed on
that a lawyer is now on duty at tn,
court every day to aid INDECENT per-
sons in presenting their cases with
out an attorney fee. This plan O
legal aid has been in operation TO
several weeks.
sE Time Needed for Trials.
k4is ~ Aici Inilt wi pOIdt1Ou Soull
eel Robert E. Lynch, who strongly in
dorsed the bill, predicted members o
the bar will soon get tired. of try
III ing cases without compensation il
Municipal Court. Lynch pointed GU
H that even after the legal aid lawye
has given persons free assistance u
drawing up cases, more time will b
required later to follow it up and tr.
the case.
MCGUIRE testified that under exist
ing Municipal Court rules the cour
follows an informal method of plead