Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-02-07
Bar 10 Decide
Fami|yCourt
Stand tuesday
Will Rule on Whethe
To Indorse Judicial
Group for District
By John v. Horner


The bar vote will be taken at
a meeting in the Mayflower
Hotel after a debate between
leading advocates and oppon-
ents of the plan.
Most lawyers expect the as
ISOLATION to turn thumbs down
on the idea. It's committee on
domestic relations already has
rejected the proposal. and has
asked the organization to follow
suit.
Campaign Via Telephone.
Opponents are conducting a
vigorous campaign for a mega
tive vote. both by telephone and
in person. One distinguished at
torney said yesterday his vote
had been solicited by phone
four times, and he added with
a chuckle:
You can't walk past Fifteenth
and H streets without being APP
preached by some lawyer who
wants you to fight the BILL
Jean NJ. Boardman, a divorce
lawyer who will speak against the
proposal Tuesday night. con-
ceded his group has been &C
lively soliciting votes. but as
serted the judges have been
lobbying on the other side, too"
Mr.. Boardman will team up
with H. Mason WEIGH in an at
tack on the family court pro-
posal before the bar. They face
rough opposition, however. The
affirmative side of the issue will
be advanced by former Commits
sioner F. Joseph Donohue and
Edward Bennett Williams.
Bills Pending in Congress.
Regardless of the bar decision
Tuesday. proponents will press
for enactment of identical bills
pending in the Senate and
House. The bills. which have
been drawn in general terms.
were introduced last month and
referred to the District judiciary
subcommittee on each side. First
hearings on the bills will be
scheduled soon, possibly late in
February.
The proposal enjoys impressive
backing, with Federal judges in
the leadership. They are asking
Congress to modernize a law
more than 100 years old-under
which all domestic relations cases
are handled here.
1t is proposed to establish a
three-judge court, entirely sep
arate from the other courts.
These judges would handle all
cases involving divorce, custody,
maintenance and alimony.
Relieve Other Courts.
This would relieve the United
States Court for the District of
Columbia of jurisdiction-and
take more than 35 per cent of
the latter courts case load.
Largely because of this burden,
the District Court is many
months behind with its docket.
The District judges and many
members of the bar believe a
separate family court, operating
under judges chosen especially
for the duty, would perform a
much more valuable service to
the community than is possible
at present.
One purpose of the proposed
court would be to prevent di-
vorceS when possible. Advocates
are convinced that Washington,
like Toledo and other cities, can
advance in this direction by
providing competent personnel
and facilities to help many cou-
Piles patch up differences rather
than encouraging them to con-
duct bitter battles in court.
Solve AlimOny Troubles.
The family court also is in
tended to improve the machin-
cry for maintenance and alimony
payments. AS matters stand,
the average husband who falls
behind in alimony payments is
not called into court until he
owes so much money that he
can't catch up.
A typical case is a man who
has been ordered to pay his wife
$40 week. He misses a payment
or two. The wife's attorney does
not Immediately call him into
court. The lawyer waits until
the arrearage piles up. Then
the husband is brought in to
answer contempt of court cita-
ton.
The judge can Jail him. but
this deprives the husband of his
livelihood. 1t is next to i'm
possible for many men to make
up deficit of $500 or $70O on
their earnings.
Under the family court plan.
the commissioner of domestic
relations would be an officer of
the court. Alimony and main
tenance payments would be
made to him at specified times.
Called to Court Immediately.
Any defendant who failed to
comply with the court order
would be called to accounts i'm
mediately. If he had legitimate
excuse, such as illness, the court
would have benefit of the in
formation. If he lacked salts
factory excuse, the court would
be in position to take immediate
steps and keep the defendant
from falling hopelessly behind.
Meanwhile, the wife entitled
TO money under the courts order
would be receiving it.
Advocates of the bill contend
properly-staffed family court,
by helping cut down the number
of broken homes, would con-