Evening star., 1940-02-29
Lawyers and judges
Appeal for Public
Defender System
Assoil Assignment Of
inexperienced Lowers
To Indieents' Coses

inexperienced Lowers
To Indigents' Coses
Urgent appeals for enactment Of
projected legislation to establish q
public defender system here were
voiced tn legal and judicial circles
today In the wake of criticism by
the United States Court of Appeals
Of the Districts present system of
assigning inexperienced lawyers to
defend INDECENT persons accused of
homicide.
Representatives of both the bench
and the bar joined in demanding
congressional approval Of bills al
ready introduced in both Senate and
House for . public defense system.
The House bill, introduced only
yesterday by Representative Kefau-
yer. Democrat, Of Tennessee, Is
modelled after . bill introduced at
the last session by Senator Capper,
Republican, of Kansas. It provides
that the salary Of the public de-
fender shall be fixed by the At
tornney General of the United
States, but limits the maximum
compensation to $1,000 . year.
Hin Urges Enactment.
Under terms of the Kefauver bin,
the public defender would represent
and defend without q fee any tndi-
gent person who is charged with or
held ON suspicion of having commit
ted any onense punishable by death
or imprisonment, sentenced to q
term Of more than 90 days, or penal
lied by . fine Of more than $500.
The public defenders term would
be for four years.
Among those who urged enact
ment Of the pending legislation was
Francis w. Hill, jr., new president
of the District Bar Association, who
branded as "unsound" the theory of
giving q young lawyer an oppor-
tunity to gain experience by de-
Tending q person whose life is at
stake.
"The State has Just as muchs in
terest In seeing that an innocent
man gets q fair trial and an ade-
quate defense as it has in seeing
that a guilty man is actively and
ably prosecuted" Mr.. Hill said,
The appellate court voiced its dis
satisfaction with the Districts pres
ent system In an opinion reversing
the District Court conviction of a
colored man for first-degree murder.
Under the decision, William F. john
son, %, colored laborer, who was ac-
cused OF shooting George Scandals,
44-year-old white foreman of a bak-
cry at 476 l. street S.W., wins q new
| trial.
New Trial Plea Failed.
The appellate court took its ac-
ton on the ground that evidence
favorable to the defendant, when in
troduced in District Court after
Johnson's conviction. failed to allow
him a new trial. The court pointed
out that two young members of the
bar. with little, II any, experience" I"
were assigned to represent the de-
fendant.
William H. Collins, former assist
ant United States attorney, who
carried Johnson's appeal to the
appellate court, was asked by
Justice James M. Proctor of District
Court to handle the case after the
defendant had complained to the
Jurist his new trial plea was not
being handled properly.
In his closing argument before
the Court of Appeals on behalf of
his plea for . new trial, Mr.. Collins
expressed hope that the court S
opinion would take cognixance "of
the archaic and inhuman system
which permits the appointment of
the inexperienced practitioner to
represent INDECENT defendants, par
ticularly in capital cases"
IF this court does make pro-
nouncement in this connection" he
continued, then it is certain that
the weight and dignity of such &C
tion will prompt legislation that
cries to high heaven for remedy"
In his plea for . new trial, Attor-
ney Collins informed the Court of
Appeals that one Of the lawyers as
signed to represent johnson had
been admitted to the bar only the
year before and subsequent to the
trial had gone into the building
business. The other defense attor-
ney actually had been practicfnR
only q year before the trial and
since has gone to work in a Govern
ment agency, Mr.. Collins said.
Caytsn Advocates Defender System.
Commenting on the johnson case,
Judge Nathan Cayton of Municipal
Court asserted that breakdown in
justice" couldn't have happened had
the public defender system adyo-
Gated In 1896 been established. He
said he has never understood vhy
Washington should be satisfied to
be last In judicial and governmental
improvement, when 1t ought to be
first.
Judge Edward M. Curran of Po-
lice Court also asserted a belief that
the system of assigned counsel
] NeA~>>~~A Nv OuSNCCACu NY VIC DuOlC
defender system "in order that the
defendant would be adequately rep
resented by experienced counsel.
capable Of seeing to 1t that the ends
OF justice are served
In other words" he said, "the
Government should protect the in
nocent as well as protect society
against the criminal"
Judge Curran advocated establish
ment of public defender system in
an article In the bar journal of
December, 1896.
Seton Darr, immediate past pres
ident Of the local bar association,
declared the pending legislation
would eliminate the many abuses
under the present system, which is
not scientific and can't be guaran-
teed to produce results"
Work for New Procedure Cited.
Another association leader, Fred
erick A. Ballard, chairman of the