of the question whether they have been collected, which is the work of the prosecuting attorney, and a little volume giving the dates when cases are bound over for the grand jury, and the dates when transcripts are made out in such cases. The objection offered to maintaining a ledger of cases instead of a daybook-"Execution Docket"-is that it would involve more work and more books. The former objection may be doubted because the present method involves writing the name and charge in each entry, even for continuances, whereas a ledger would show this information once and for all. Moreover, if a difference in record keeping were made between felonies, misdemeanors, and relatively trivial ordinance violations, much labor might be saved, especially if advantage were taken of modern bookkeeping devices. We regard the question of record keeping as one of first importance. The activities of police court hangers-on are to a large extent dependent upon the assurance that they will leave no tracks behind them, and the watchful interest of the press and the public is baffled into inaction by obstacles which make vigilance too difficult. Moreover, the failure of the system to meet modern needs makes for informal action on the part of some of the judges, and informality in the court breeds suspicion and disrespect. RECOMMENDATIONS Other questions relating to the Municipal Court will be discussed under specific headings of a general nature. If the Municipal Court is retained as an institution,' the following recommendations are made at this time: 1. Adequate court-house and jail, pending the securing of which the present building should have all alterations necessary to make conditions. tolerable, and to remove the sordid aspect of the surroundings. 2. A few physical devices for keeping the crowds in the court-room away from the judge's bench. 3. Increased formality in the court-room and strict maintenance of decorum. 4. A division of the cases into sessions according to their nature and the requirements of decency. 5. Orderly handling of the list, together with an established policy as to transferring cases from one session to another. 6. A stricter rule as to continuances, enforced absolutely. 7. Abolition of the "motion in mitigation." Its amalgamation with the Common Pleas Court has already been recommended, p. 246, supra. 8. The registering, before being heard, of every attorney who appears for a defendant. 9. Extension of the judge's term on the criminal division from three months to six months or a year, discretion remaining in the Chief Justice to alter such terms. 10. Conferences before each swinging of terms between the judges going out, the judges going in, and the Chief Justice, to determine policies in handling cases so as to avoid injustice resulting from the whims or political exigencies of judges, and to promulgate, alter, and secure enforcement of court rules. 11. Close coöperation between the Chief Justice, the clerk, and the police in ridding the court-room and corridors of "runners" and their kind. 12. Formation of a permanent committee of the Bar Association to assist the Chief Justice in cleaning out and keeping out the "shysters" and their followers, this committee to designate as associate members certain probation officers and representatives of social agencies actually working in the police court. 13. Legislation giving the judges summary power to award damages to any defendant in the court, equal to twice the amount paid by such defendant to any runner or lawyer, upon solicitation or upon any representation as to influence with any judge or other public official.1 14. A statute or ordinance fixing the charges of professional bondsmen, scaled according to the security given such bondsmen, and clothing the judges with summary power to award damages equal to twice the amount paid in violation of such statute or ordinance. The bondsman should be required to file his affidavit with the bond as to the fee and securities received. 15. Blanket permission to any defendant pro se, or any private attorney representing such defendant, to conduct prosecution for any alleged violations of any statutes or ordinances intended to regulate the business and practice of the court. It would help the situation greatly if the Legal Aid Society undertook to enforce penalties for these violations. 16. Extension and closer supervision of the rule allowing for personal recognizances. 17. The formal beginning of process in minor offenses by means of a court summons. 18. The establishment of an entirely new filing system in the criminal branch of the Municipal Court. 1 The Suspicious Persons ordinance covers soliciting, but it is not directly in the interest of anyone to see that it is enforced. T CHAPTER VI THE COMMON PLEAS COURT HISTORY AND JURISDICTION HE center of the judicial system is the Common Pleas Court, established in 1788 by an Act for the Government of the North west Territory. The Constitution of 1802 continued the Common Pleas Court, dividing the State into three circuits, each circuit to have a president and not less than two associate judges. The judges were appointed by the general assembly for a seven years' term. Today, after numerous changes, there are 12 judges in Cuyahoga County alone holding office for six years, nominated in direct primary or by petition and elected on a non-partisan ballot. The salary is $8,000 per annum. This court has original jurisdiction of all felonies, upon indictment by a grand jury, and other offenses where the exclusive jurisdiction is not vested in an inferior court. It, therefore, disposes of all the serious cases and most of the misdemeanors from the country districts of the county. At the present time four Common Pleas judges sit regularly in the criminal division, although only a few years ago two judges, or even one judge, were adequate for the entire volume of criminal business. The figures cited in Chapter I show that the necessity for this increase lies not only in the increased number of cases, but in the tendency to dispose of cases by trial rather than by plea of the defendant. PHYSICAL CONDITIONS Physically, the arrangements are a handicap to efficiency. Two courtrooms, the office of the clerk of the criminal division, and the criminal assignment commissioner's room are in the old county court-house on Public Square, but the prosecutor's office is in another building, and two sessions are usually held in the new court-house on the lake front. Because the court is thus scattered through three buildings, much time is lost, especially in getting witnesses and jurors from one court-house to another. Although the criminal clerk's office is in the old court-house, many journal entries, court orders, etc., are made up in the main office of the clerk of courts in the new building, so that the records cannot be kept in one place, and often precious time is lost in transmitting important court entries and orders. The two rooms in the old court-house are dingy, but large enough. In one of the rooms there are chairs for spectators, but the other has only a bare space, railed off. All of the rooms in the new court-house are commodious and handsomely appointed. Only a few chairs, however, are provided for spectators. DECORUM The decorum is a considerable improvement over the Municipal Court, but not what it should be, considering the fact that each room has not only a clerk, but a bailiff whose chief business it is to maintain order.1 The judges themselves, on the whole, do not seem to mind an atmosphere of unrest. In cases of public interest the packing of spectators behind the rail reminds one of the New York subway in rush hours. Confusion is inevitable. Chairs or benches should be provided, and no spectators admitted when the seating capacity of the room is exhausted. Formalities, the symbols of dignity, which are familiar in an eastern court-room, are lacking. The judges wear no gowns; recesses are taken by the judges simply by getting up and leaving the bench; their return is unheralded by the court bailiff. Smoking in the court-room during a recess is not unusual. An air of familiarity is noticeable among the judges, and between them, the lawyers, and the court attendants. Although it is, of course, an exaggeration to say, as did the late Judge Foran, that "the courts are run like bar-rooms," it is perhaps true that the court-room, in dignity of atmosphere, does not rise above a salesman's display room in a hotel.2 TERMS OF THE COURT At the present time the criminal division is active for only three terms during the year, totaling ten months. There is no court during July and August, in consequence of which many persons are confined over the summer awaiting action of the grand jury, and the September The county supports a bailiff for each of the 12 judges at a salary of $1,820 per annum, and the total annual expenditure of the bailiff's department is $52,000. It is a question whether this expense could not be greatly reduced by the establishment of messenger service from the assignment room, and the use of guards only when the number of spectators warrants it. ? It should be said that the decorum varies somewhat according to the judges on the bench, and that the conduct of civil causes is largely free from the atmosphere of confusion and informality surrounding many criminal trials. term is thereby congested. From 1912 to 1918 inclusive there was a summer term, but this was abandoned in 1919, although at that time criminal cases were increasing greatly. It has recently been suggested by one of the judges that the April term be extended to include July. Owing to the fact that the civil business of the court is practically suspended during the summer, at least one session could be maintained, on the criminal side, with no hardship on the judges. LACK OF AN EXECUTIVE HEAD This court disposes of more than 3,000 criminal cases and 10,000 civil actions a year. In addition to the 12 judges, it has a varying supervisory control over the clerk's office, the two assignment commissioners' offices, the jury commissioners, the jury and grand jury, bailiff's office, and, including the judges, comprises a salary budget of over $375,000 per year. This great enterprise, organized for the business of administering justice, is without any executive head whatsoever. General Code, Sec. 1558, confers the power of making rules and regulations and assigning business upon the "judges of the Common Pleas Court." The judges hold occasional meetings to discuss pending matters, and by a process of rotation each judge becomes in turn presiding judge, or presiding judge of the criminal division. A bill was introduced at the last session of the legislature creating a permanent Chief Justice, but was defeated because of a rider providing for three additional judges. It cannot be said that the legislature was unwise in refusing to pass the bill in that form. Unless a real executive head to the organization has been appointed to study its needs and guide its administration. with authority, the question of how many, if any, additional judges are needed cannot be decided intelligently. "LOAFING JUDGES" Much is heard among Cleveland lawyers of the "laziness" of certain of the judges. Recently a judge of the Court of Appeals stirred up a hornet's nest by declaring that "half of the judges are loafing." Although such blanket accusations are necessarily unjust to many hardworking judges, and create the impression that the best judge is the one who sits longest in his room,' there is undoubtedly much justification for Not only do many judges do their hardest work off the bench, but some of the best judges require a certain amount of leisure. Nevertheless, a judge who is late, even habitually so, in his room is a drag on the administration of justice. He causes witnesses to chafe and disappear and lawyers and clients to lose time, as well as respect, for the courts. |