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15 Panel 1 (1937)

handle is hein.journals/panelmbu15 and id is 1 raw text is: To increase the efficiency of the Grand Jury System THE FANEL, A Publication Devoted to the Exchaste of Views of Public Officials and Citizens in the Effort to Prevent Crime and Sei~re the True Administration of Justice PUBLISHED BY THE GRAND JURY ASSOCIATION OF NEW YORK COUNTY The contributions and letters in The Panel are either credited to their authors or signed with the names or initials of their writers and the Editor assumes no responsibility for the opinions contained therein beyond expressing the views that the subjects they treat of are worthy of the attention of Grand Jiirors. VOL. 15 JANUARY-FEBRUARY. 1937 NO. 1 Civil Service for D.A. Aids Is Urged Studies of Personnel Show Weakness of System By SAMUEL H. ORDWAY, JR., of the New York Bar Is' an effort to improve the ad- ministration of criminal justice throughout the State, a number of the leading civic and professional societies have united in placing be- fore the State Civil Service Cam- mission and the Governor, a request for the classification of certain of the .assistants of the several District Attorneys in the competitive class to require their appointment hereafter as a .result of tests of merit and fit- ness for the positions. .. Among the organizations recom- mending this extension of Civil Service status are the City Club, the Citizens Union, the Association of the Bar of the City of New York, the New York County Lawyers As- sociation, the Civil Service Reform Association, the League of Women Voters, the Women's City Club, the Association of Grand Jurors of New York County, and the Lawyers Se- curity League. Studies of the personnel of the several District Attorneys throughout the State have revealed that in the counties having larger staffs, the bur- den of the work has been carried by a comparatively few capable assist- ants and that a considerable num- ber of assistants appointed in the usual run of patronage have failed to carry their share of the work. The result is that the few who do the major part of the work are seri- (Continued on page 9) Consolidating Magistrates' Courts Centralization Under One Roof Would Bring More Efficient Results By JACOB GOULD SCHURMAN, JR., Chief City Magistrate The Magistrates' Courts are the lowest in jurisdictional powers of all the courts charged with the enforcement of the criminal law. They are also the courts closest to the people and each year thousands of citizens enter the Magistrates' Courts and are affected by their processes who never see any other tribunal. Consequently, the position of these courts in the legal hierarchy is no criterion better or for worse, that this desig- of their im- nation implies. portance either In .1933 there were 505,000 ar- as courts or as raignments, in 1934 there were instruments of 605,000 arraignments, in 1935 there government, were 808,000 arraignments and dur- That import- ing 1936 there we-- approximately ance is better 905,000 arraignments. reflected by the In addition, during 1936, upwards position that Of 120,000 persons were brought they occupy in into the Magistrates' Courts not to the social be arraigned there but in response order. Here to summonses to inquire issued out they are be- of that court. chief Magistrate yond question Consequently during 1936 over Schurman the tribunals of 1,000,000 persons passed as defend- the people with all the influence, for (Continued on page 8) INFORMATION VERSUS INDICTMENT BY PRESIDING JUSTICE FRANCIS MARTIN APPELLATE DIVISION SUPREME COURT, FIRST DEPT. An important matter directly concerning the power of the Grand Jury is now before the Legislature. A Constitutional amendment has been proposed which will allow the District Attorney, upon the consent of the accused in a felony case, to file an Information with- out going before the Grand Jury. This proposed practice of permitting a person who has been arrested, who may not really be a criminal, to waive his constitu- tional right to a hearing before the Grand Jury would be an unwise innovation. Moreover, District Attorneys should not be obliged to assume the responsibility of deciding when to permit a defendant to waive his rights and to proceed by information rather than indictment. Due to the great burden cast upon our District Attorneys, particu- larly in the counties within this City, that work of necessity must be delegated to an Assistant and I am opposed to any such practice. From address at banquet of Association at Waldorf-Astoria, March 26, 1936. Judge Martin Is Honored by Jurors Bronx Association Offers Tribute to Justice At a special meeting on Novem- her 30, 1936, the members of the Bronx Association presented to the Supreme Court of the State of New York, through Justice Charles B. McLaughlin, a portrait of the Hon- orable Francis Martin, Presiding Justice of the Appellate Division of the Supreme Court of the State of New York, First Department. President Lamb presided over the large gathering. James A. Murphy, chairman of the Executive Commit- tee, made the presentation and con- cluded with the following tribute: Look at his picturel In the prime of life, with a world of good deeds behind him, countless friends in every walk of life, a man of ex- emplary home life, whose civic in- terests extend in all directions. On his broad shoulders rests the respon- sibility of his important position in the high office he occupies. His clear eyes tell of the singleness of purpose that lies within and his kindly interest in the community and the individuals that comprise it. The portrait might even speak to us, so well has it been done. If it could, we would hear the familiar tones of a man who is anxious to praise, but unafraid to speak out in the terms.of censure; who dispenses his justice with a degree of mercy and kindly feeling toward those who have erred. His whole being is one of dignity, power and poise. Therefore, my friends, it gives me great pleasure, as chairman of the committee, acting for the Grand (Continued on page 4)

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