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9 Oyez Oyez Bull. Sec. Jud. Admin. 1 (1966)

handle is hein.journals/oyzoyz9 and id is 1 raw text is: 


The   Bulletin of the Section of Judicial Administration


VOL. 9. NO. 1
FEBRUARY,  1966


THE CHAIRMAN'S COLUMN

To  the members of the Section of Judicial Administration:
   The  massive studies on Minimum  Standards for the
 Administration of Criminal Justice are well under way
 under the dedicated and competent leadership of Chief
 Judge J. Edward  Lumbard.  The  quantity of time and
 energy which has thus far been expended in the work
 of the six Advisory Committees can best be appreciated
                     at close range but  the patterns
                     which  are developing cannot fail
                     to prove eventually to be of sove-
                     reign aid to progress in this much
                     debated field. The Committees are
                     working  on the Police Function,
                     Pre-Trial Proceedings, Prosecution
                     and  Defense Functions, Criminal
                     Trial, Sentencing  and  Review,
                     and  Fair Trial and Free Press.
     Paul C. Reardon   It is contemplated that prior to
                     release of the final recommenda-
tions the members of those two Sections with particular
interest in the work of these Advisory Committees will
have  an opportunity to comment and make  suggestions
on proposed recommendations. There are many members
of the Sections of Criminal Law and Judicial Adminis-
tration who are in a position to make a substantial con-
tribution to the studies. We have available a reservoir
of talent and experience from which to draw. Over the
coming  months you will receive material for review and
criticism. I assure you that each member of this Section
can  assist materially in this great effort by interesting
himself in what he receives, devoting some time to study,
and  then indulging in any comment   which he  thinks
will aid in the establishment of standards which are the
objective of the whole enterprise. No effort which the
American  Bar Association has made  in recent years is
freighted with more possibilities for good than this. In
the assistance which we hope you will render the several
Committees  you will be making that type of contribution
which  is the justification of the work in which we are all
engaged.
  It is not too early to be thinking in terms of the
Annual   Meeting  in Montreal. The  program  for the
Section, including the work and programs of the Trial
and Appellate Judges, will take place in a span of four
and a half days. All Section and Conference meetings,
as well as the  Conference of Chief  Justices, will be
held at the Mount   Royal Hotel. The  annual Section
dinner, at which  the Chief Justices of the States are


   o0                            eze



guests, will be addressed by an outstanding member of
the Canadian  judiciary, this to be preceded by a recep-
tion for all in attendance at the dinner. The emerging
program  will be sufficiently compact and unique to make
your visit across the border memorable. We want to see
you  there because we know that the education you will
receive there will be matched only  by the enjoyment
you will experience.


HABEAS CORPUS PROBLEMS DISCUSSED
   In line with a recommendation   made  by a special
committee of the Section at the Annual Meeting, Mon-
tana federal and state Judges in December discussed the
problems  arising from the granting of habeas corpus
writs by federal judges on application of state prisoners.
  The  conference was  attended by all of the justices
of the Montana  Supreme  Court, all except two of the
state's district court judges, the Attorney General of
Montana,  and  the two federal district judges in Mon-
tana. The  occasion was  the Annual  Meeting  of the
Association of Montana Judges.
  An  entire afternoon was devoted to the problems of
habeas corpus. Taking part as members of a panel were
Chief Justice James B. Harrison of the Supreme Court,
United  States District Judge William J. Jameson, Chief
United States District Judge W. D. Murray, and Forrest
H.  Anderson, Attorney General of Montana. Following
a brief resume by Justice Castles, Chief Justice Harrison
commented  on the constantly increasing number of appli-
cations for post-conviction relief, and the purpose of the
panel in attempting to achieve a better understanding
and  a better procedure in such matters. He noted the
fine mutual relationship existing between the state and
federal courts in Montana, and pointed out that their
problems were  for the most part the same. The Chief
Justice suggested that these problems best could be met
by adopting standards and procedures which will meet
the requirements of the federal courts, so that additional
hearings will be unnecessary after such post-conviction
matters have been decided by  the state courts.
  Judge Jameson  outlined the studies which were being
made  by many organizations interested in improving the
administration of justice and the attempts being made
to develop long range programs, as well as immediate
programs, to meet  the acute aspects of this problem.
He  made special reference to the committee of the Sec-
                 (Continued on page 4)

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