Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-03-01
Judge Mcclure
|Rescues Plan
On Insanity Fee
Senate Unit Defers
ScuttIing Proposal
For Lawyers Now

FoF Lawyers Now
Federal Judge Matthew F.
Mcclure, at least momentarily
has rescued q request to COM
pensate lawyers in insanity
cases from being scuttled by
the Senate Appropriations
Committee.
Judge MCGUIRE, scheduled to
Justify the bid yesterday, was
delayed by the funeral Of Judge
James r. Kirkland.
BY the time he arrived at
the Senate committee rooms,
Senator Ellender, Democrat Of
Louisiana. had blasted the pro-
Iposal as another effort Of the
District to pile its problems on
the taxpayers Of the United
States"
The Judge won permission
from Committee Chairman
Hayden, Democrat of Arizona,
to testify tardily.
His presentation drew from
Senator Pastore, Democrat Of
Rhode Island. agreement there
was q good case" for the re-
quest now, although the issues
surrounding it are complicated.
$11,5OO Sought
The money, 81. 500, is sought
to pay attorneys required by
law to represent persons before
the Mental Health Commission,
as well as before juries in COM
mitment proceedings.
"It Is incredible to expect
District lawyers to have over
1000 cases annually without
pay" said William L. Ellis, as.
siStant director Of the United
States Court Administrative
Officers.
Until last spring, Mr.. Ellis ex-
planned, the law was not in
terpretcd to mean lawyers were
required in such cases, unless
they came before juries.
But the U. s. Court Of APP
peals for the District of CO.
lumbia last May held that a
person suspected Of insanity
was entitled to counsel from the
moment Of his apprehension.
The resulting demand on
lawyers time neceSsitated an
increase from $1,000 to $12,50O
in the Federal judiciary budget
| to compensate the assigned at
torneyS, Mr.. Ellis said.
why can't the District pay
the bill?" demanded Senator
Ellender.
Court Support Cited
Mr.. Ellis explained the Dis
trict compensated the Federal
Government for 60 per cent Of
the total cost of running Fed
eral courts here.
A new suggestion of the Fed
eral judicial Conference would
provide for rs per cent reim-
bursement, he added. This pro-
posal is due to go to the House
Appropriations Committee on
Monday. Under the new for
mula, the District would pay the
full cost Of counsel in mental
cases, Mr.. Ellis explained.
LET District lawyers be a
little charitable for a change,
Senator Ellender maintained.
Every year the District bar
takes in young lawyers who
should be glad for the expert
ence of these cases."
Senator Ellender said he knew
from long experience of the
Appropriations Committee how
the Federal Government al
ways has been burdened py
this, that and the other" de-
manded by the District. There
is no reason why the taxpayers
of Mississippi and Louisiana
should help the District pay its
lawyers in its own cases, he
added.
Alternatives Suggested
Later, Judge Mcclure out
lined the alternate ways the
burden on lawyers could be
eased. They were:
/. Change the law so lawyers
would not be required in pre-
liminary insanity proceedings.
Judge MCGUIRE said he did not
fear for the constitutionality
of such a revision, but Senator
PaStore warned it could de-
lprive mental incompetents of
due process Of law.
2. Put the money in the
District budget. Judge MCGUIRE
noted that the District would
be paying all or nearly all Of the
cost on the rs per cent formula
anyway.
3. Keep the item in the
Federal budget this year and
settle conflicts next year.
The House approved the de-
letion Of the item by the House
Appropriations Com mittee,
without explanation. Senator
Pastore said reasons for and
against the fund request could
be fairly hashed out in con-
ference If the Senate differed