Evening star., 1939-12-07
Commissioner
ToProbe Marta
Cases Is Urged
D. c. Bar Majority
Report Advocates
Plan After Study

Appointment of commissioner to
investigate and make recommended
tions in domestic relations cases at
District Court would be sought by
the District Bar Association under
q majority report made public to-
day by a committee of the associa-
ton recently appointed to investi-
gate its feasibility.
Three members of the 13-man
committee disagreed, however, with
the recommendation and submitted
q minority report declaring that ap-
pointment of such commissioner
would result in needless delay in
the obaintaing of temporary relief"
and would subject litigants to un-
necessary inconvenience and en-
barrassment -"
On another point, the COMMITTEES,
IN agreement, recommended that all
: divorce and annulment of marriage
cases be tried and not be granted
by default. The committee ex-
pressed the belief that the obtaining
Of improper" divorces can be pre-
vented largely by strict enforce
ment Of the statutory safeguard.
The committee also recommended
that an attorney in a divorce case
who has filed an answer or reply
sufficient to constitute defense,
serve upon opposing counsel notice
to abandon in sufficient time to
permit assignment of another at
torney.
The bar association will meet De-
cember IA at the Mayflower Hotel
to act on the two recommendations.
The majority report, submitted
through H. Winship Wheatley,
chairman of the committee, recon-
mended that the association author
ize the committee to seek legisla-
tibn at the next session of Congress
for appointment of the commissioner
and a staff of assistants. The ma
jority asked that the committee be
directed to draft a bill to accomplish
the end.
Other City Setups Studied.
The recommendation was made
after studies Of setups in Detroit
and Cleveland, where such commits
sioners work. In the former city, he
Is known as the friend of the
court"
The friend, the majority explained,
investigates and reports on all ap-
plications for temporary orders in
domestic relations cases. This in
cludes motions for temporary ali
mony, custody of children and modi-
. 1ication of contempt orders. He also
reports with respect to permanent
custody and permanent aimony.
The majority, in supporting its
claim for need Of such court aide,
pointed out that of the non-jury
actions filed in District Court in the
last fiscal year, 1,774, or approx
mately so per cent. involved matri-
monial controversies. There are at
present pending about 3,O82 matri-
monial cases.
Urge Prompt Action.
The majority urged that the asso-
citation act promptly on the recon-
mendation, declaring that postpone
ment would ring "the death knell Of
the plan"
The majority, evidently having in
mind that a local aide would operate
much the same as the one in De-
troit, explained in detail his work
there. On one phase of his work,
the report said:
when the court finds it necessary
to hold the husband in contempt for
failure to pay alimony or mainte-
nance, he may place the offender on
probation to make definite payments
at specified times through the
Friend. If the husband fails to
comply and the court commits him
to Jail, fund is available for the
support of dependents. The Friend
explained that this is a better way
to handle it than to allow the de-
pendents to 60 to the relief agencies
for their necessary sustenance."
In Detroit, the Friends Office en-
ploys SO persons and has an appro-
pIldGlOIl Ol @1o i,UOU.
Signers Of Both Reports.
Besides Mr.. Wheatley, those sign
ing the report were Irwin Geiger,
Hyman M. Goldstein, Philip Gold
stein, Lawrence Koenigsberger, A.
Philip Kane. George Monk. Louis
Gutenberg, John j. Sirica and H.
Winship Wheatley, jr.
The minority-Jean M. Board
man, Raymond Neudecker and Lewis
H. Shapiro-contended that no Eek
traordinary problem exists here
with respect to matrimonial actions
that the judges and members OF the
bar are unable to cope with without
the assistance of a commissioner
These three said the principal
impediment to the administration
Of Justice in these cases Is the "long
period" between the commencement
Of an action and its final disposition.
The minority recommended that
the "energy Of this association be
directed toward furthering the
progress which Is now being made
to bring the calendar current" and
that those cases, in which 1t appears
the welfare" of minor children may
be endangered. be advanced for i'm
vnAd3ofa trial fr