Evening star., 1946-06-09
Move 70 Tighten
Qualifications Of
Bench Launched.
McCorron Acts After
Gallagher Nomination
Law Practice Fight
By Don S. Warren

A formal move to tighten the law
practice requirements for Munic-
ipal Court judgeships was an
nounced last night by Chairman
McCarran of the Senate judiciary
Committee.
Observers on Capitol Hill, how
ever, said it was their best guess"
that favorable report would be
made on the nomination of Mrs.
Nadine Lane Gallagher, Justice
Department attorney, to be a Judge
of Municipal Court. whose actual
practice" qualifications have been
challenged.
On the nomination, Chairman
McCarran, who heads the sub
committee considering the Gall
lagher nomination, was reserving
judgment. Senator McCarran said
he would delay action until the
record of Fridays hearing could
be studied by the other two sub
committeeman.
Cites Heavy Docket.
Senators Eastland, Democrat, of
Mississippi, now on a trip in his
home State, and Wiley, Republican,
of Wisconsin, who could not at
tend He said he would not hurry
the other members, but declared the
issue should be settled before Con-
gress adjourns because of the heavy
docket of Municipal Court cases.
On the general question of judge
ship qualifications, however, he said
II am convinced the law as to
qualifications for the Municipal
Court should be tightened up SO
that appointees to this bench shall
come from among actual practi-
TONERS"
To this end, Senator McCarran
announced he was instituting a
study Ito effect amendment of the
law He said he was asking that
such a study be made Jointly by
Corporation Counsel Vernon E.
West, representatives of the District
Bar Association, and Julien G. Sour
wine, counsel to the Senate Judi
ciary Committee. The plan was,
to offer a measure early in the new
Congress, next year.
Appeared in Is Cases.
Testimony Friday was to the ef-
feet that Mrs. Gallagher appeared
in court in about Is cases" during
the past five years. She was ad-
mitted to the bar in 1910.
Senator McCarran said that on
one or two occasions the spirit of the
five-year actual-practice judgeship
requirement had been violated in Sc
lection Of bench nominees. He up
held the right of the District Bar
Association to poll its members and
take a stand on nominations.
The association had voted 963 to
Ill against confirmation of Mrs.
Gallagher, ,
The language of the statute was
meant to be carried out; that they
(judgeship nominees) should be ac-
tually practicing attorneys in the
District he said. Il do not say
that on guess. I say it after
months of study, in which l par
ticipated in writing the bill.
Members of the Bar Associa ton
came here and complained of the
fact that the departments were fill
ing the courts, and that there was
no future for lawyers and members
of the bar. 1t was true.
Plan uas Roam V;oIafad
I'VE tried to set up a Municipal
Court here that would have men
coming out of the District Bar to
the bench.
Nov, on one or two occasions,
in my judgment, that has been vio-
lated. I do not look upon it with
favor at all. ="
I'VE sought to write into the
statute that actual practice of law
could not be regarded as being
merely employment in a Govern
ment agency. I still retain that po-
sition, that it should be actual prac-
tice of law. 1t has been differently
regarded, I notice.
But If the bench, the bench of
the District, is to be maintained
with any strength whatever. the
nominee should come out of the
field of actual practitioners. I am
not saying but what an employe of
a department could be an actual
practitioner, because that is pos
sihIe