The Wilmington morning star., 1947-12-11
COURT OVERHAUL
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nentlv so that they could take
part in pre-trial procedures or
motions, demurrers, 'etc., which
take up so much time under the
present set-up, Helms said that
in lieu of elimination of the ro-
tation system completely, divl-
sions of the State into four judi
cial divisions instead of two with
each Judge spending more time IN
sl,e districts assigned him would
be beneficial.
sNorth Carolina and South
Carolina are the only states IN
the nation with rotation that |
know Of" he said. In pointing out
that under present conditions, IN
which a judge spends six months
in court in six years, the judge
spends two months becoming ac-
ouainted with the docket, and
only two months trying cases,
because he is afraid to 60 into
eases in the last two months be-
cause he might not finish them.
Supporting Move
Citing the work being done by
a commission created by the State
Bar association, which includes
lawyers and judges and two lay
men, and which is studying the
system with an eye toward sug-
sested revisions to be placed be-
fore the next General assembly,
Helms said that the lawyers in
the State are overwhelmingly
supporting it, according to a sur
vey made. Support is coming
from country lawyers" as well
as from "city lawyers, he said.
Saying that "the advantages
of the statewide judicial sys-
tenn now employed are outweigh
ed by the disadvantages and ut
ter inefficiency," he stated that
sin some districts lack OF dill
gence in prosecuting dockets is
an utter disgrace. !" This he laid to
"easy going" solicitors.
He added that judges have no
eontrol over operating receivers
or estates and said that judges
should be in charge Of dockets
of certain districts assigned them.
An administrator for the State
system suggested by the State
Bar association would not be a
dictator" as some lawyers have
feared, Helms said, but would
be in charge Of checking on the
needs of cours sessions to allevl-
ate crowded dockets and assign
ing judges and solicitors on the
basis OF needs, rather than on
political bases as is usually now
the case.
Hits Exchange
He also hit at the Exchange
Of judges, which he said now has
become merely a matter of con-
venience. Judges should be as
signed where they are needed and
should hold courts there" "
A revision of the court sys-
tenn, including standardizing of
the inferior courts, would i'm
prove the courts SO 1-3 per cent,
or "I think SO per cent" he said.
eff this commission and its
work do not have the support of
the bench and the bar of North
Carolina, it will be 10 or Is years
before you get it started again"
he told the New Hanover bar
adding that Raleigh
Publisher Josephus Daniels had
told the State Bar, ''if you law
yers don't do it, the public
will"
In explaining the inefficiency
of the present Superior court
system, he said that the public
is turning to other methods that
are efficient and cited the num-
ber of executive bureaus being
set up as an example. IF you be-
lieve that it's efficient" he said
of the court system, "you go into
a court at the beginning of a
criminal term and see the wit
nesses and lawyers milling
around in confusion"
The cost to the public is too
high when lawyers have to hang
arounnd the court for two or
three days to try cases arguing
points and motions that should
have been out of the way in pre-
trial procedure"
Helms was introduced to the
group by Program Chairman
Frank Hagler.
D,o,;Jor@ II TJ,,o,,pJ Doooxe