Evening star., 1955-11-11
jurisf Urges
Court Reforms

A leading jurist contends that
criminals and subversives are
mo more dangerous TO their
communities and the country"
than judges and lawyers who
oppose reforms aimed at elm
mating the laws delays.
The juriSt Is Chief Justice
Arthur T. Vanderbilt Of the Su-
|preme Court Of New Jersey, who
couples his attack on ''back-
ward looking" lawyers and
judges with many proposals for
|expediting the work Of the
courts.
In q newly published book.
THE Challenge Of Law Reform. !.
which ef1larges on lectures he
gave at the University Of Vir-I
ginia Law School. he delves into
the problems on which both the
Justice Department and the Ju-
|dicial Conference Of the United
States are now working.
@CuFabIe Disease
Fortunately" Judge Wander
Ibilt comments. sthe laws delays
are q durable disease, II judges
and lawyers can only be induced
to change their working habits
to conform to practices in line
with those obtaining In the busi-
ness world"
As proof Of his contention, he
cites New Jersey, where the pub
lie overrode judges and lawyers
to bring about court reform and
q resultant speedup In justice.
In the Federal courts, he con-
tends, the failure Of Congress toI
provide enough judges In districts
with congested dockets is only al
partial answer.
He lists other causes and sug-
.gested cures:
/. The Federal judicial sys-
tenn lacks an effective executive
head. The Chief Justice Of the
United States and the chief
judges OF the circuits should In
dividually be made the respon.
sible executives, operating under
policies laid down by the Judi
cial Conference and the judicial
councils In the circuits.
2. The broad authority already
vested In the Chief Justice and
the chief Judges in the circuits
to assign judges to other CIR
cults has not been fully used. "A
business concern does not hesti-
tate to shift its executive per-
sonnet to the areas where they
are most needed. and there is no
good reason why judges should
be immune to similar treat
ment.' =
8. The Administrative once Of
the Courts collects data on al
most every phase OF the courts
business but collects no informa-
tion on how much time each
judge devotes to his judicial
duties. If the maximum use is
to be made Of all available Judi
cial manpoWer, 1t Is essential |
that every judge be required to |
render q weekly report Of his |
activities for the benefit OF the |
Judge holding the power Of as
signment.n
4. There has been a decided
reluctance" In the Federal courts
to make mandatory such ap-
proved procedures as the pre-
trial conference. Although theI
pre-trial conference was indorsedl
by the Judicial Conference inI
1914. as late as 1852, pre-triall
conferences were being used reg
ularly In most civil cases in only
between one-third and one-hAlf
the districts. They should be
required.
Wants Appointed Judges
Elsewhere in the book, Judge |
Vanderbilt calls for State judges
TO be appointed rather than cleo
ted, Jury panels to be free from
political selection, judges to de-
eide cases without undue delay,
court structure to be simplified
Ind court delays 70 be eliminated.
The jurist also devotes q ma
jor section Of the book to the
need to modernize the law and
adapt II to mid-20th century
conditions. |