attend he shall forthwith notify the presiding judge, and his place shall be filled by summoning some other member of said bar. Each judge of a court of record of this Commonwealth shall, on or before the first day in October in each year, prepare and submit to the president of the supreme court of appeals for the consideration of the council, a report showing the condition of business in his court for the preceding twelve months, including the number and character of cases on the docket, the business in arrears, and cases disposed of, and such other facts pertinent to the business dispatched and pending in his court, together with recommendations as to the need of additional judicial assistance for the disposal of business for the ensuing year, as said judge may deem proper. 2. The president of the supreme court or the judge summoning council as aforesaid, shall be the presiding officer of the council. Said council shall make a comprehensive survey of the condition of business in the courts of the Commonwealth, and make recommendations for the improvement of the administration of justice, and shall particularly report as to needed changes in the rules of practice and procedure in the several courts of the commonwealth. 3. Each member of the council shall serve without compensation, but the presiding judge may engage a stenographer to be paid for his services, and he and each member of the council summoned and attending said council shall be allowed his actual expenses of travel, and also his necessary expenses for subsistence while attending the council, which shall be paid out of any money in the treasury not otherwise appropriated, on the order of the judge presiding at the council. 4. On the request of the presiding judge the attorney general shall attend said council and confer with the members thereof, more particularly on the Commonwealth's business in the courts, and for the purpose of devising methods for the prevention of undue delay in the trial of such cases. 5. A report of the proceedings of said council shall be made to the governor and to the supreme court of appeals, with such recommendations as may be agreed upon. Washington Be it enacted by the Legislature of the State of Washington: Section 1. There is hereby established a judicial council, which shall consist of the chief justice and one other judge of the Supreme court, three superior judges, two members of the legislature, and three members of the bar who are practicing law and one of whom is a prosecuting attorney. The judge of the supreme court other than the chief justice shall be chosen by the court. The three superior judges shall be chosen by the superior judges through their association, if they have one, but if not, then in such manner as the judges of the supreme court shall prescribe by rule. The members of the legislature shall be the persons last appointed chairmen of the judiciary committees of the senate and the house. The members of the bar shall be appointed by the chief justice of the supreme court with the advice and consent of the other judges of the court. Sec. 2. The term of a member of the council who is a judge, a chairman of a judiciary committee of the legislature or a prosecuting attorney shall be for the rest of his term in the office that qualified him to become a member. The term of a member chosen from the bar, except the one who is a prosecuting attorney, shall be two years. A vacancy shall be filled for the rest of the term by appointment as in the first instance. Sec. 3. The chief justice shall be chairman of the council, and one of the other members may be appointed by the council to be executive secretary. The council may make rules for its procedure and the conduct of its business and may employ such clerical assistance and procure such office supplies as shall be necessary in the performance of its duties. Sec. 4. A meeting of the council shall be held at the seat of government on the second Monday of September of each year. Other regular meetings may be provided for by rule. A special meeting may be held anywhere in the state at any time upon call by the chairman or five other members of the council and upon notice given to each member in time to enable him to attend. Sec. 5. It shall be the duty of the council. (1) Continuously to survey and study the operation of the judicial department of the state, the volume and condition of business in the courts, whether of record or not, the methods of procedure therein, the work accomplished, and the character of the results; (2) To receive and consider suggestions from judges, public officers, members of the bar, and citizens as to remedies for faults in the administration of justice; (3) To devise ways of simplifying judicial precedure, expediting the transaction of judicial business, and correcting faults in the administration of justice; (4) To submit from time to time to the courts or the judges such suggestions as it may deem advisable for changes in rules, procedure, or methods of administration; (5) To report biennially to the governor and the legislature on the condition of business in the courts, with the council's recommendations as to needed changes in the organization of the judicial department or the courts or in judicial precedure; and (6) To assist the judges in giving effect to section twenty-five of article four of the constitution. Sec. 6. Judges and other officers of the courts, whether of record or not, and all other state, county and municipal officers shall render to the council such reports as it may request on matters within the scope of its duty to inquire. Sec. 7. The council may hold public meetings and hearings, and shall have power to require the attendance of witnesses and the production of books and documents. Every member of the council shall have power to administer oaths and to issue subpoenas requiring the attendance and the production of books and documents before the council, and the superior court shall have the power to enforce obedience to such subponeas and to compel the giving of testimony. Sec. 8. A member of the council shall not receive compensation for his services, but shall be allowed his actual necessary expenses when traveling on business of the council. Appendix Purely for informative purposes the vote of the National Council of the National Economic League upon matters considered in the foregoing Reports is given below. It is not intended thereby to indicate the conclusions of the Commissioners, the Committees or any members of the Idaho State Bar. According to its announcements the Council includes a membership of about 5,000 presidents and professors of universities, judges, lawyers, bankers, merchants, farmers, labor leaders, etc. 1. Total number of ballots cast in all states, 1016. Should there be a permanent Judicial Council (a) Should such a Judicial Council be given JUDGES 2. Should Judges of the State Courts, in your (a) A majority of those who favor an appointive judiciary believe that the appointment should be made by the Governor subject to confirmation by the State Senate. (b) Most of the members who believe that the Judges of State Courts should be elected agree that the election should be by means of a non-partisan, non-political, and separate ballot. 3. Should the term of office be (a) (b) For life, during good behavior? (a) Nearly all of the members who favor life tenure believe there should be a definite age retirement, the age of seventy being most generally approved. (b) A majority of the members who 645 264 610 316 4. 5. favor a term of years, agree that ten years COURTS Should the organization of the administrative and clerical side of the courts, in your State, be prescribed (d) By a State Judicial Council? 6. Should all rules of practice and procedure in your State be determined 7. Should trial judges in your State, in in- 8. (b) In criminal cases? Should the Courts of Appeal be allowed, in their discretion, to receive new evidence or have it taken, to make new findings of fact to enter final judgment based on such evidence and findings and thus to avoid remanding for a new trial (a) Would you except death or life impris- 1. Would you advocate three Judge's sitting on such cases? 635 193 10. 11. Should the defendant in a criminal case be (a) In civil cases? 834 123 12. Should a jury of less than twelve be used in 13. Should the question of the mental capacity of (a) Should the question of irresponsibility VICE-PRESIDENT: The first order of business this afternoon will be an address by the Honorable Raymond L. Givens, one of the Supreme Court Justices. The subject matter is a question which has attracted the attention of the bar for several years, and I am sure that Judge Givens has a thorough grasp of this subject. Gentlemen of the bar, I am honored, indeed, to present to you Honorable Raymond L. Givens. HON. RAYMOND L. GIVENS: Mr. Chairman, and members of the Idaho State Bar Association: As you will notice by the program, this paper was to be preceded by the report of the committee of which I am a member, and of which Judge Brinck is chairman, upon this subject. And this paper is prepared upon the theory that that report has been made, and that perhaps some of you have read that report which is in the pamphlet which was furnished you prior to the beginning of this meeting. Rules of practice and procedure are the pathways by which legal controversies pursue their course to a final determination, and as in this age of transportation highways must be straight and wide with vision unobscured to meet the demands for speed, so court ac |