Evening star., 1949-02-20
Groups 10 Study
Improvement Of
District Court
Law Proposes Stoff
To Assist in Cases Of
Domestic Relations
By Harriet Griffiths

Two committees interested In
improving the courts here will be-
gin soon to study a better way to
iron out the problems of divorce
and child custody cases.
Chief Judge Bolitha J. Laws
has suggested the possibility Of
creating in the court full -f1edged
domestic relations commission, q
staff of impartial investigators
which digs into the facts on such
things as how much a husband
makes and how much his es-
tranged wife needs.
District Court does have a small
commission noW-Six clerks or
ganized under rule of court to
do as much as they can in this
way when there are motions for
temporary alimony, maintenance
and custody.
But the present Domestic Rela-
tions Commissioner does not sub
poena the involved parties to his
Office. and does not take state
ments under oath. Either side
may object in court to his writ
ten report to the judge.
Some Are Jailed.
A visitor to the motions branch
of the court on Friday mornings
may watch procession of from
20 to Is husbands or their at
torneys answering contempt cita.
tions for being behind in their
alimony or maintenance payments.
How will the wife benefit by
his being incarcerated?" an at
torney argued last Friday. He
has promised to make payments
which are beyond his ability.
Isn't it better for her to receive
SIS a week regularly than Moth
Iing?"
What usually happens when a
man is found to be behind in his
payments is that the judge hands
down a jail sentence, but provides
that the defendant may purge"
himself of the contempt by paying
up. He usually manages to do so.
But sometimes the same man is
brought in more than once. Con-
tinuances are frequent.
Detroit System Cited.
A fully stated and authorized
domestic relations commission,
such as that in Detroit, could ef-
feet a tremendous saving in time
spent by the court in hearing this
type of case, Judge Laws believes.
This type of commission not
only collects the alimony or main
tenance payments directly, but
sends out regular bills. If a man
fails to pay. the commission may
order him in and find out whether
he has a good reason.
This eliminates the necessity
for frequently undesirable contact
between the estranged parties, or
for alimony and maintenance pay
ments to be collected through an
attorney, who presumably charges
a fee for the service.
In temporary custody matters,
the commission makes searching
investigation and can furnish the
court with detailed information
on the type of home and environ
ment available to a child.
Present Method Criticized.
Under an improvident custody
decision by court which has
not enough facts to go on. Judge
Laws pointed out, a child may
be left for months in an unde-
sirable home while litigation is
pending.
The United States Court of Ap-
peals, in a custody decision few
years ago, declared its belief that
for the purpose of bringing the
interests of the children concerned
fully before the court, the court.
if possible, should call to its aid
experienced and disinterested per-
sons.
The appellate court suggested as
possibilities court probation Of
ficers or the trained social workers
in the Board of Public Welfare,
who could make an unbiased ex-
animation of the qualifications Of
the parents and the circumstances
surrounding the children.
1t reversed the case in question
with instructions that such a pro-
cedure be followed.
Congress May Have to Act.
Establishment of a commission
such as Judge Laws envisions pre-
sumably would take an act of Con.
greSs.
The jurist last week received the
approval of the American Bar AS
sociation's Special Committee for
Improving the Administration Of
Justice to appoint a subcommittee
to study this matter.
Lowry N. Coe. president of the
District Bar Association, has re-
ferred the project for study by
the bar groups Committee on Re-
lations with the Domestic Rela-
tions Commissioner, headed by
John J. O'Brien.
Recommendations aching
Judge Laws will be taken up with
the other judges of the court, and
then may be submitted to the Ju-
dicial Conference of the United
States.
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