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The American Judiciary by LLD Simeon E. Baldwin
page 361 of 388 (93%)
their compensation on that basis. It expects them to continue
the general practice of their profession, except so far as their
judicial duties may necessarily prevent. They certainly cannot
practice in their own court with propriety. Statutes to prevent
it are not uncommon. For the same man to charge the jury one day
as judge and address them the next in argument as counsel must
tend to confuse their notions as to the weight they should give
to what he says, and to lend it often a weight which it may not
deserve. So, too, his relations to the clerk and other court
officers are such officially as to give him opportunities for
influencing them when he is engaged at the bar, not shared by his
brother lawyers.[Footnote: French _v._ Waterbury, 72
Conn. Reports, 435; 44 Atlantic Reporter, 740.]

There are, however, in every State quite a number of judges of
higher courts who receive a salary deemed sufficient for their
support and who are expected to devote their entire time to
judicial duties. As respects those of the United States courts
there is a statute (U. S. Revised Statutes, Sec. 713) making it
criminal for them to practice law. Similar legislation exists in
some of the States with regard to the judges of their higher
courts, but without it a sense of propriety dictates their
abstaining from it, and it has even been held that the right of
any judge of a superior trial court of general jurisdiction over
important causes to act as an attorney or counsellor, except in
his own cause, is suspended by implication of law so long as he
retains his seat on the bench.[Footnote: Perry _v._ Bush, 45
Florida Reports; 35 Southern Reporter, 225.]

The demeanor of the judges to the bar is inevitably affected to
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