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6 Panel 1 (1928)

handle is hein.journals/panelmbu6 and id is 1 raw text is: To increase the efficiency of the Grand Jury System' PANEL MONTHLY BULLETIN OF THE ASSOCIATION OF GRAND JURORS, 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 view that the subjects they treat of are worthy of the attention of Grand Jurors. VOL. 6 JANUARY, 1928 NO. 1 WHAT IS AN ASSOCIATION? The Association of Grand Jurors of New York County is an association, and as such it is obviously an unofficial body, as are all other associations. Association is defined in the dictionary as a union of persons in a society or company for some particular pur- pose, or, a body of persons organized with- out a charter for the prosecution of some purpose, but having the general form and mode of procedure of a corporation, in the United States. The words association and society are practically interchangeable. As- sociation, society and club agree in the idea of a body of persons united in the interest of a common object. Lawyers, doctors, district attorneys, sher- iffs, the police, etc., have their associations. There are Chambers of Commerce and Mer- chants Associations, which represent com- mon interests of business men. But the object of an association is usually the pro- tection of the rights or privileges of their profession, or their business interests, or the promotion of political aims, or to provide social entertainment. Business men who are or have been on grand jury lists have united as citizens in Grand Jurors Associations to improve the efficiency of the official sitting grand jury, in order that organized crime and corrup- tion may be combatted more effectively. Our association, which was organized in 1913, is the oldest body of its kind. During the last year new associations have been formed by the grand jurors of Westchester County, the Southern and Eastern Federal Districts and Essex County in New Jersey. In addition there are the Grand Jurors Asso- ciations of Bronx, Kings and Nassau Coun- ties, which were organized during the last few years. Bar associations are voluntary societies of attorneys who have been duly admitted to the Bar to practise law as officers of courts. However, when an attorney joins such an association, he acts as a private citizen and not as an officer of the court. Yet, when the Committee on Law Reform of the Bar Association of the City of New York made an excellent report on ambulance chasing recently, the legal profession was praised. This same profession has been criticized for the failure of voluntary Bar Associations to act, although probably not more than 40% of the lawyers in this City are mem- bers of such associations. OUR ANNUAL MEETING The Annual Meeting of the Associa- tion will be held at the Hotel Astor on Thursday, January 19th, at 4 P. M. At this meeting will be held the elec- tion of candidates for expiring terms of the Executive Committee. Also members will be invited to ex- press their views on the present activi- ties of the Association, such as the Bail Bond Abuses; Modernizing our Grand Jury System; Riker's Island Prison; Improving the Conditions in our District Prisons; the evils of the Fence situa- tion and Ambulance Chasing. Following the Annual Meeting there will be a meeting of the Executive Com- mittee for the election of officers. There is a mistaken idea that these vol- untary associations of lawyers and grand jurors have an official status and that they have power vested in them. Thus, bar as- sociations have been urged repeatedly to ex- ercise their supposed power to investigate and discipline offending lawyers, although such associations actually have no power of subpoena, to compel the attendance of wit- nesses, or to take testimony under oath, etc. At the same time, bar associations can ex- ercise a very powerful moral influence in suggesting practical remedies and in urging judges, district attorneys and legislators to exercise their official powers in regulating such offending lawyers. The very powers which make the sitting grand jury an official body limit its activi- ties to a prescribed jurisdiction. Thus, a sitting grand jury in New York County, the same as a county official, must use cau- tion to avoid criticising situations existing in Kings, Bronx, or other Counties. Likewise, it is not customary for City officials to make criticisms or recommenda- tions concerning matters controlled by the State, and vice versa, and Federal and State officials do not usually concern themselves with affairs not under their jurisdction. Organized crime, on the other hand, knows no boundaries and it thrives on the lack of co-ordination of those departments and officials who administer the various branches of justice. The evils of the bail bond system in New York City, for exam- ple, exist because the roots of these evils fall within the respective jurisdictions of more than one hundred county, city, state and federal officials, without any one of them being responsible for the system as a whole. Thus, such widespread evils require the concerted action of all officials concerned to eradicate them. A constructive plan of action based upon sound principles must be mapped out before officials can be expected to exercise their power. Carefully collected facts, intelligently analyzed over a period of months, can be the only basis for such action. It is obvious that officials them- selves are unable to collect facts and urge remedies for harmful conditions affecting many jurisdictions as well as their own. A great opportunity is therefore presented whereby unofficial bodies, untrammeled by official restraint, are privileged to co-operate with the officials to safeguard and further the true administration of justice. Notwithstanding the freedom of action of associations interested in fostering true justice, they have important responsibilities also. Their unofficial role forbids them to dictate to the constituted authorities. What- ever results they achieve must be accom- plished by the presentation of convincing arguments addressed to the officials, to the Legislature, the press and the public, setting forth existing unsatisfactory conditions or deficiencies, together with rational remedies. No results can be obtained by such effort unless the attention of the public can be focussed upon a particular subject for a period of time sufficient to make it a public issue. The co-operation of the press is im- perative if this end is to be obtained. But the demands made upon our newspapers for space far exceeds the amount available for any one subject. The choice is made by experienced newspaper men who are also expert crime investigators, which has been demonstrated so frequently. These experi- enced observers are critics of the first order. There are probably three ways of arous- ing the interest of these newspaper men, of which one is to discuss topics of current in- terest in a sensational way; another is to enter into public controversy and the third is to present sound arguments which clarify the issue and practical suggestions which might improve the conditions involved. Whatever publicity is obtained by sensational or controversial tactics will react upon fu- ture credibility, whereas publicity of an exclusively constructive character will great- ly strengthen the association responsible for it and lend force to its future activities. ROBERT APPLETON, President. I 1-1 E

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