Evening star., 1944-12-11
3LegaI Groups
Seek Change in
Habeas Corpus
Meeting Studies New
Procedure; Search for
De Marcos Pushed

De Marcos Pushed
In advance of three-way discus
sion of habeas corpus procedure at
which three legal groups were
scheduled to be represented this
Justice James w. Nor
ris of District Court, who called
the meeting, declared the general
objective is a more efficacious pro-
cedure" for disposition of such cases
IN District courts.
At the session this afternoon in
the Office of Justice Justin Miller
Of the United States Court of Ap-
peals, two local committees were to
be Joined by Fourth Circuit Court
Judge John j. Parker, who heads
a committee studying the same sub
ject for the Conference of Senior
Circuit Court Justices.
The two local committees are pri-
marily interested in the procedural
problem which has arisen in the
District as result of the very large
number OF applications for writs
from mental patients at st. Eliza
beth's," Justice Morris said. The
District court justice heads COM
mlttee appointed six months ago by
Chief Justice D. Lawrence Groner
OF the United States Court of APP
peals to work in conjunction with
Judge Parker's committee. A Dis
trlct Bar Association committee
which was to participate in today's
meeting is headed by Ringgold
Hart.
Interest in De Marcos Case.
Meanwhile, search was continued
for Julian r. De Marcos, st. Eliza
beths mental patient released on a
habeas corpus writ Wednesday and
ordered apprehended and reconfined
in a United States Court of Appeals
action two days later at the re-
quest OF the Government. Interest
in the De Marcos case has accented
the Importance of the committee
discussion of habeas corpus pro-
cedure, although not linked specifi-
cally with the De Marcos case.
At the meeting today Justice
Morris said, I'VE want to explore
the problem provided by the sharp
increase in the number of habeas
corpus writs locally in the light of
procedures in other Jurisdictions and
to see if there can be developed a
more effcacious procedure here"
| AS it goes into session the meet
ing will have available statistical
information developed by Will Shaf-
roth, chief of the statistical and re-
search division of the Administra-
tive Office of the United States
Courts here.
| Mr.. Shafroth and his staff have
been at work for some time. at the
direction of the committee headed
by Justice Morris to prepare sta
tistlcs bearing on habeas corpus pro-
ceedings. Mr.. Shafroth also will be
present at the meeting, Justice
Morris said.
Local Committees Receptive.
Members of the two local COM
mittees are understood to believe
that an objective study Of the most
enlightened procedures" should be
made before there is any expression
by them in favor of any particular
procedure for adoption here.
| At present the courts are obliged
to determine not only the question
of whether an inmate of st. Eliza
beth's who petitions for a writ is in
custody legally, but also the question
OF fact as to whether he is, or is
| not, mentally sound.
Justice Morris doubted that the
meeting today would develop spe-
clflc recommendations and predicted
that the subject would require
further study.
Members of the Jurists' Commit
tee headed by Justice Morris are
Justice Jesse Adkins of District
Court and Justice Miller. Included
on the Bar Association Committee
headed by Mr.. Hart are Neil Burkin-
shaw, Edmund D Campbell, Fran
els w. Hill, jr.; Roger Robb and
| Leo Rover.
De Marcos Attorney Comments.
This afternoon De Marcos attor-
ney, George A. Parker, told The
Star he did not know where De
Marcos had gone but understood he
has relatives in indianapolis and
friends in Florida. There are also
reports he has relatives in Tennes-
see.
Mr.. Parker, absent from the city
over the week end, confirmed this
morning that he had picked up De
| Marcos possessions, including s20
in cash, at st. Elizabeth's Hospital
on Thursday, the day after De Mar
| cos was released by Justice T Alan
Goldsborough in a habeas corpus
proceeding. The attorney said De
Marcos requested him to obtain the
personal articles and money and
that De Marcos called for them at
Mr.. Parker's Office the same day.
"It is an unusual situation" Mr..
Parker SAID IN comrc centlng on the
case. DE Marcos must have left
the jurisdiction before the Govern
ment filed notice of appeal. I am
quite certain he was out of the
jurisdiction when the Court of Ap-
peals handed down its memoran-
dunn opinion" This opinion au-
thorized De Marcos reconfnemenI
in st. Elizabeth's pending final de-.
termination of the case.
Il was not aware that the Gov.
ernment had asked his reconfine.
ment or posting Ct bond pending
outcome of the case in the higher
court. If I had, I would certainly
have Immediately continued to rep
resent De Marcos in connection
with this nrocad,lra apd mould hay,