University of Michigan Law School - Quad Yearbook (Ann Arbor, MI)

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llivx ilcluggllv lllt' powvl' lo olllvrs lo rule oyrgl-, ln Such :Vlf:K,llI1tl'y treciloni is liesl pi'esel'x'twl :incl pcrpi.'l.uatcil by parties to whom those ol' lilac lllllltl on public' questions yicltl an unwavering loyalty. ln such a voniniuuity it cannot well he otherwise than that party spirit must at times run high and partisanship pervarle the magg of the people. Political strife for the ascenclency engenqlerg and gives rise to many questionable modes of achieving success. Out of the niauitolil intricacies of our form of government, and the methods ailopteil. for ailniinistering it, purely party questions are brought torwaril for thc determination of the courts. It is at these times and unilcr such circumstances that the qualities of the judge are tried lilevateil to the bench by popular vote upon a party platform for a short term of years, and generally a candidate 'for re-election. he will be a strong-willed man and intrenched in integ- rity of the sterling sort, if gratitude for favors past, and hope of favors to come. do not affect his judgment when deciding questions of vital interest to his party. The conscientious honest judge, after election, knows no party, and yields no fealty to party inter- ests. He stands as a bulwark against injustice, in high as Well as in low places. The peasant in his cabin, and the millionaire in his palace stand on the same plane of equality before him. The strife of political parties contending for the mastery presents to him merely naked questions of law. The eyes of thepeople of the commonwealth are upon him. He may stand in a positionwhere the hope of advantage is on one side and a sense of duty upon the other. His only course is to obey the sense of duty, and when the storm of passion is over he will be justified in the sight and opinion of all persons: his judicial robes will be unsullied and the temple of justice unprofaned. I The lawyer is an officer ofcourt. His prime duty is to aid the court in the due administration of justice. To his hands are com- mitted the dearest interests of his clients. He is the repository of their secrets, and the trustee of their confidence. To his efforts his clients may owe the success of their cause. His ignorance, inattention or ,negligence may ruin them. Considering these things, We see at once the exalted position he occupies. The trusts reposed in him are sacred. None but a degraded villian will betray them. The honest, conscientious, upright lawyer is a true nobleman, for true nobility springs from chaste character and lofty motives, and is

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foster an arbitrary disposition, at the same time he must not per- mit his will to yield to the bold and aggressive methods of an advocate, for there are advocates whovthrow into a case their own personal feelings with all the vehemence they can command, and if the judge be of -a timid, weak or vacillating disposition, his judgment will be biased or perverted by the boisterous and over- bearing words and conduct of the advocate. judges are but lawyers preferred to higher stations. Obser- vation compels us to say that the best of lawyers often times make the poorest judges, by the lack of those qualities which pertain to a judicial mind. judges are arbiters of the facts and administra- tors of the law in the cases brought before them to decide. They must hear before they decide. .What is meant by that is, that the suitors have a right to be heard by' the court, either in person or by the counsel of their choice, before the tribunal passes upon the merits of their case. This devolves upon the. judge the duty of a respectful patience, that the right of being heard may be something more than a mere form, and j-udicial proceedings something more than a farce. Nothing more dampens the ardor of an advocate than to see that the judge is impatient, or that his words fall on listless ears, as if he had already doomed his unfortunate client to the sacrifice. ' ' lt is a fault of some judges to anticipate the arguments of counsel, to run ahead and grasp their thoughts and wrest them from their appropriate sequence in the unfolding of the argument, and thus destroy the symmetry of the logic which was intended to demonstrate and convince the court of the correctness of his con- clusions. Lord Bacon very aptly says: 'flt is no grace in the judge first to fmd that which he might have heard in due time from the bar: or to' show quickness of conceit in cutting-off counsel too short. -This Hquickness of conceit , he thinks proceeds either of glory and willingness to speak, or of impatience to hear, or of shortness of memO1'Y5 Of Of H Wallt of a staid and equal attention. Prom whatever cause it does proceed, it is a most ungracious fault in a judge. i j We live in a free land where the people are the only sover- eigns, because they are the source of all political power. Though Soverelgnsf they 316 not rulers, but in the capacity of sovereigns

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not dependent upon the outward tinsel of. titles bestowed by prince or potentate. It has always been, since courts were established, a calling of distinction. 'By the Roman polity the advocates who had discharged the duties of their office with fidelity were held in special. honor and numbered among the Counts of the Empire. In France, from the commencement of the fourteenth century to the Revolution of 1790, advocates were constituted a lesser order of nobility, and like the orders of chivalry, purity of life and disinterested zeal in the cause of the poor and friendless were to distinguish them. The advocate under the French regime was subject to the rules and 'discipline of the order. Among these rules were the following: ' Ffrsf. He was not to take just and unjust causes alike without distinction, nor maintain such as he undertook with trickery, falla- cies and misquotations of authorities. ' I Semzzzi. He was not in his pleadings to indulge in abuse of the opposite party or his counsel. Thz'ra'. He was not to compromise the interests of his clients by absence from court when the cause in which he was retained was called on. Fazmffz. He was not to violate the respect due to the court, by either improper expressions or unbecoming gestures. FHM. He was not to exhibit a sordid avidity to gain by putting too high a price upon his services. - ' Sixik. He was not to make any bargain with his client for a share in the fruits of the judgment he might recover. Sezfefzfh. He was not to leada dissipated life, or one contrary to the modesty or gravity of his calling. Ezlghih. He was not, under pain of being disbarred, to refuse his services to the indigent anduoppressed. These rules in themselves embrace a code of ethics for the profession. They have come down to us through the centuries and are recognized everywhere as the common law, regulating the profes- sional conduct of the lawyer. Among these, the Sixth deserves more than passing notice. By the common law of England the crime called maintenance ns a suit or quarrel to the disturbance or h111Cl1'a11Ce Of right, and if he who maintains another in his suit is '50 have: bl' 3g1'CemC11f, P-211 C Of the land or debt, the offense is was where a man maintai