Evening star., 1940-05-25
Court Check
On Excessive
Terms Urged
kirkland Addresses
! Judicial Circuit
Conference

Appellate courts should have the
right to review excessive sentences,
James r. Kirkland of the District
Bar Association told the Judicial
Circuit Conference today at the
Court of Appeals chamber in an
address in which he pointed to a
wide variety of penalties in local
Criminal Courts for the same Of
fenses.
Mr.. Kirkland also recommended
to the judges and lawyers that the
indeterminate sentence law be ex-
tended to misdemeanor cases; that
uniform system of fines and Jail
terms be established for violations
OF police and municipal regulations;
that defense counsel submit written
reports before sentences are pro-
nounced. and that in indeterminate
sentences the court impose only
the minimum term, leaving the
maximum for the Parole Board,
subject to judicial approval.
In our local courts" he said. "de-
PENDANTS for intoxication have been
sentenced from 10 days to six months
and in second-offenses speeding from
SIS to 500 or 80 days. In felony
sentences the variation has been
from probation and small fines to
maximum penitentiary terms.
"Adolescents have sometimes re-
celved as much punishment as
hardened criminals and first Offend
ers as much as second offenders"
Bill Pending in Congress.
Mr.. Kirkland contended that zap
pellate review should be permitted
for excessive sentences, with power
in the appellate court to increase
or diminish the sentence given"
and he added: Despite the fact
that the imposition of sentence is
probably the most weighty action
taken by a judge, it nevertheless is
the only final act of a court that is
not now the subject of appellate
revision"
He pointed out that a bill per-
mitting such appeals is pending in
Congress. The practice has been in
effect in England since 1907.
i Frederick A. Ballard urged tho
establishment of a public defender.
a measure Endorsed by the Bar As
sociation. A bill creating this office
is pending. Experiments in other
cities, he said, has indicated that
the public defender can furnish
valuable aid to the court in con.
nection with sentences"
Recent addition of three Judges
to District Court and adoption of
the pre-trial procedures as a short
cut to the disposition of prelim.
mary motions have so relieved con.
gestion that civil jury cases now
are tried within IS months after
they are filed, Paul E. Lesh reported.
Last October the period was %
months.
Other Papers Presented.
II sincerely believe" he added,
that if the present rate of progress
can be maintained without wrecking
the health of our judges. our calen-
dar can be brought current within
approximately year and thereafter
can be maintained current, assum-
ing a continuation of the same
efforts on the part of our judges"
Other papers on the program were
"Pretrial Procedure" by Andrew D.
Sharpe; Commissioner and As
signed Counsel in Domestic Rela-
ton Cases." by Mrs. Elizabeth M.
Cox; procedure Under Section 4915,
Revised Statutes" by Lloyd H. Sut-
ton, and The New Court House."
by District Justice James K. Proctor.
The meeting beginning at 2:30
o'clock this afternoon was open
only to the judges of the District, as
was the meeting yesterday after
noon. Chief Justice D. Lawrence
Groner of the appellate tribunal is
presiding at all sessions.
At a banquet at the Mayflower
Hotel at o'clock tonight Justice
Groner and District Court Justice T.
Alan Goldsborough will speak.
Francis w. Hill, president of the
District Bar Association, will pre-
side and Norman M. Littell, Assist
ant Attorney General, will be toast
master. The affair is under the
auspices of the District, Federal,
Women's and Patent Bar Associa-
tions.