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2 Panel [i] (1925)

handle is hein.journals/panelmbu2 and id is 1 raw text is: THE PANEL MONTHLY BULLETIN OF THE AssocIATION OF GRAND JURORS, NEW YORK COUNTY. Vol. 2 JANUARY, 1925 No. 1 THE SMOKE NUISANCE By JUDGE ALFRED J. TALLEY In my opinion smoking in the Grand Jury room is indefensible. There is a way to stop it; a simple and very effective way. It is adopted by one Judge whenever he presides at Part I. The foremen are asked to convey to their fellow jurymen the direction of the Court that there be no smoking. This Judge regards the Grand Jury while in session as a part of the Court, just as if they were sitting in the court room. During one term it was reported that one juror persisted in asserting his peculiar ideas as to his right to do as he pleased. The Court considered two alternatives. One was to punish the juror for contempt, and the other to request that his name be drop- ped from the roll of Grand Jurors. The latter course was adopted because of its simplicity and effectiveness. There is no problem about the matter. The impropriety of the thing is not even debatable. What would the Grand Jurors' Association think about a Judge who smoked during the trial of a case? There would be a roar of protest against such shirt- sleeve justice. And yet there is nothing to prevent it except the proprieties. We like to associate the idea of dignity and detorum with our judical procedure. We need it more and possess it less than any other nation. A Grand Juror who must be argued with to see the impropriety of smoking while witnesses are testifying under oath in a solemn proceeding which may involve the life or liberty or reputation of a citizen, can render better service to the community on some other jury than the Grand Jury. But I insist that the matter presents nei- ther problem nor difficulty. It is simplicity itself. If the Grand Jurors cannot deter- mine it, the Court can and should. MARKING PROGRESS By THE EDITOR Elsewhere members will find brief reports of the meetings on December 15th and 18th at which the new by-laws of the Associa- tion were discussed and approved. We may here state that much interest was centred in the membership clause, carefully framed to prevent retention of membership in the Association by those dropped from the Grand Jury Panel for reasons other than age limitation. It was pointed out that, in the absence of some covering provision, members of the Association might actually be dropped from the Grand Jury Panel for negligence or other more serious cause and yet maintain good standing. As matters now stand, a citizen on the Grand Jury Panel, if a member of the Association, can retain his membership until and unless striken off said Panel for reasons other than age. In other words, he cannot lose his standing on the Panel and keep it in the Association The wisdom of the new provision is, irrefutable. But, if argument were needed, it could be found in facts well within the knowledge of many members. We refer to the case of a member of the Grand Jury Panel who, last year, after having served several times as Foreman, was indicted. His name was removed from the Grand Jury List. Just as reasonably, we believe, this man, a member of the Association, should-and, under the new rule, does-lose his member- ship. By virtue of their offices, the new Honor- ary Members include the Governor of the State, the Mayor, and the Judges who serve on the Board for the Selection of Grand Jurors. It was fitting that prominent men, officially connected with Grand Jury work, should be so complimented. As to the pro- vision regarding Associate Members, this speaks for itself.

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