the feeling that business could be handled more expeditiously. No permanent improvement will be effected by the humiliating procedure of timing the judges, as has been done by the press, on occasions. What is needed is not for the judges to punch a time-clock, but a high professional atmosphere with an executive head allocating the work and watching its progress. Some evidence of the advantage of proper organization under a Chief Justice may be gathered from the experience of the Municipal Court, which has had an administrative Chief Justice from its inception. This evidence is not as strong as it might be, because Judge William H. McGannon, for nine years the head of the court, was by no means an ideal Chief Justice. Now that the judge has been compelled to resign, there is a tendency on the part of some to exaggerate his accomplishment while in office. The history of the criminal branch of this court shows a headship lacking vision and constructive ability, and failing utterly in dignity. Nevertheless, Judge McGannon was a "hustler" and kept his associates at work. On May 7, 1920, occurred the Kagy murder. Aside from the question of his innocence or guilt, this event threatened the judge with loss of reputation by reason of his close connection with the affair, his notorious associates, and the impending exposure of his private life. It is small wonder that from then Judge McGannon did not devote himself to his work with the same zeal as before. On November 26, 1920, he was indicted, and his fight for exoneration and liberty continued practically until his resignation in March, 1921. During this period he prepared for and faced two extended murder trials. It was not only mentally but physically impossible for the judge to devote much time to his duties as Chief Justice. One would expect the trial list to become clogged after May 7, 1920, and jammed after November, 1920. This is exactly what happened. Diagram 7 shows the number of civil cases filed each month compared with the number of civil cases awaiting trial. In each group the cases on the conciliation docket are omitted. It is to be observed that until June, 1920, the list followed roughly the number of cases filed by from one to two months. Note the unusual rise of the list after the Kagy 1An effort was made to secure the monthly record of civil dispositions for 1920 and the first three months of 1921, but the statistical clerk for the court could not supply the figures from which such a calculation could be made. The figures used were obtained through the courtesy of Frank J. Murphy, clerk of the civil branch and the office of Charles L. Kaps, assignment clerk. murder, not related to the fluctuation in the number of cases filed, and the precipitate movement after November, 1920. For purposes of comparison the civil list of the Common Pleas Court and cases filed is also charted (Diagram 8). The state of the Common Pleas list could be obtained only as of the beginning of each term, and not by months, so that the terms only are charted. The elimination of monthly fluctuations makes the Common Pleas list seem to follow the Diagram 7.-Cases ready on list compared with cases filed, Municipal Court cases filed more closely than in the Municipal Court. It is to be observed that despite the steady increase in the number of cases, the list shows no such precipitate break as in the lower court. The higher level in the spring of 1921 is attributed partly to the assignment of more judges to the criminal division. A correct record of the hours of attendance by the judges might also afford instructive comparisons on this point. Such a record is kept by the bailiffs of the judges, but considerable doubt attaches to their accuracy because of the fact that Judge McGannon is recorded as attending his court for full months during December, January, and February, 1920– 1921, when he was actually preparing for and was bodily present at two long trials involving his own liberty. Accepting the figures as they Diagram 8.-Cases ready on list compared with cases filed, Common Pleas Court stand, however, without allowing for any tendency on the part of bailiffs to give their judges the benefit, even when there is no doubt, the record shows a substantial deficit of judicial hours worked for the months of September, October, November, December, January, and February of 1920-1921 as compared with similar preceding periods. Beginning with 1917-1918, when the records for 10 judges are first available, the figures in hours are: September-March1 1917-18 7,638 hours September-March1 7,533 hours September-March1 September-March1 1920-21 7,338 hours The hours of attendance from 1920-21 are the lowest in the period, despite the fact that the number of cases has been rapidly increasing during this time. Compared with the next preceding year there is a falling off of 439 hours, equivalent to nearly a week and a half per judge. There is little doubt that a more accurate record would disclose a greater deficit. FLUCTUATING POLICIES The custom of rotating judges in the positions of presiding justice of the civil and criminal divisions of the Common Pleas Court necessarily means a fluctuating policy with regard to the promulgation and enforcement of court rules and practice. This has become of more importance since the establishment of an assignment commissioner in the criminal division in February, 1919. Before that time the lists were in the hands of the prosecutor's office, and any judge in the criminal division who happened to be approached disposed of pleas of guilty and motions to "nolle." In order to prevent "angling" for a particular judge, the Assignment Commissioner now sends such pleas and motions, when advised beforehand, to the presiding judge. This means that the policy in such matters varies with the rotating judges. There is also a great difference among judges in their supervision over the system of selecting petit and grand juries. Perhaps the greatest weakness of continually changing the directing head is seen in the enforcement of court rules; for example, Rule 21, relating to continuances for absent witnesses. The policy. regarding "passing" cases (i. e., putting them over for hearing at a later date) has also varied. This is of considerable importance because one. of the first objects of a skilled criminal lawyer is to get his case "passed" as often as possible, in the hope of disgusting the State's witnesses and wearing out the interest of the police and prosecutor. In the September term, 1920, Judge Bernon, then presiding judge of the criminal division, stiffened up in the matter of "passing," and in the January term, 1921, Judge Allen asked for an affidavit before "passing" a case. The attorneys, however, then presented affidavits from their clients, and in the April term, when Judge Allen became presiding judge, she issued an order requiring an affidavit of due diligence by the attorney and the presence of the defendant in court before passing any case. 'The summer months are excluded because of the vacation period. The seriousness of laxity in passing cases is well known to everyone connected with the courts. Statistically, there seems to be a direct correlation between the length of time cases have been pending and the mode of disposition. Considering all of the criminal cases begun in 1919, we find the average time per case for different classes of disposition to be as in Table 17. TABLE 17.-AVERAGE TIME PER CASE BY CLASSES OF DISPOSITION These figures need little comment, since they indicate clearly the need of a sustained policy of firmness in the matter of passing. Under the present system of rotation this will never be obtained. INABILITY TO USE PERSONNEL TO BEST ADVANTAGE Another result of rotating is to make impossible using the abilities of the particular judges to the greatest advantage. The success of any business enterprise requires that it use its personnel in such a way as to employ the abilities thereof to the utmost and to minimize its weaknesses. The administration of justice is no exception. On the civil side, a judge who may do fairly well in tort cases or simple contract, may be beyond 1 The column for cases coming from inferior courts is the more reliable because based upon approximately 10 times as many cases as the original indictments. |