Book-bot.com - read famous books online for free

The American Judiciary by LLD Simeon E. Baldwin
page 362 of 388 (93%)
some extent by their tenure of office. If they hold their places
for life, they naturally are less sedulous to avoid giving
offense and less ready to tolerate a poor or tedious argument. A
greater distance is maintained for this cause between bench and
bar in the federal courts than is usual in most of the State
courts.

No judge, however, desires to have the reputation of being
overbearing, rough or impatient, and few are. Chief Justice
Parsons of Massachusetts at one time fell into an inveterate
habit on the circuit of checking counsel in argument rather
curtly when they seemed to him to wander from the vital point.
The leaders of the bar of Boston finally determined to stop it,
and arranged at the next term at which he was to preside that
whoever of them was thus treated should leave the court room.
The first to address the court was checked in the usual manner,
and observing that he regretted his argument seemed not worthy of
the court's attention, took his papers and went out. The next
met the same kind of interruption in the same way, and so on
until the court room was cleared. The Chief Justice afterwards
sought an explanation, received it in good part, and was forever
cured of what had been a serious impediment to his usefulness on
the bench.[Footnote: See George F. Hoar, Autobiography, II, 397.]
Occasionally a trial judge will have a similar lesson taught him
by finding no business to be disposed of when he opens court, and
learning later that the bar agreed to the continuance of all
pending cases, because they did not care to trust him with them,
or were disinclined to submit to his manner of conducting a
hearing.

DigitalOcean Referral Badge