| Show Lawyers Lawyers- rs- rs Suggest Plan For For- Selecting electing Judiciary V State to to Bar Would Nominate Candidates d f for of Judgeships Without Regard to Part Party Y YA A lawyers lawyers' plan for selection of a nonpartisan judiciary is ready for tor presentation to the state stale bar meeting December 14 and nd 15 according to the November Bar bulletin published Friday With the exception of two am amendments the plan Is the same as has been advocated by the bar for lor the last two years If it is approved it will be submitted to the state legislature re for reference to the voters as a constitutional amendment me t t the e ll b-ll bulletin in said It is proposed under the plan that the state bar nominate several candidates candidates can can- for each judgeship one to be appointed by the governor in each case Supreme court justices when a vacancy vacancy va cancy c occurs would be appointed by bythe bythe bythe the governor without regard to any ny partisan political considerations from a list of five nominated by secret secret se see se- se cret eret ballot of oC the state bar to serve for or a term of 10 years The plan also provides that t on n ex ex- of his term a supreme court f Justice shall be reappointed by the governor unless charges of failure I properly to discharge the duties of of his office shall have been sustained after aHer a v. public hearing by two-thirds two of the members o of h a bar committee Hee of o 15 15 to be Dc appointed apI annually as a standing committee by the supreme cou court tIt t It is contemplated that district court ourt judges shall be appointed by th the governor governor gov gov- from three bar n nominees nominees m ne S in districts where there are more more than 20 members of the bar and from two j nominees in districts where there are 1 less than 20 20 terms to be no less than four years rears It is also provided that jud judges es shall be reappointed by the governor unless un un- unless less charges of failure properly to conduct duties are sustained after alter public hea hearing by two-thirds two o of the standing bar committee of 15 Dean F F. Brayton of Salt Lake City is chairman of a committee of 56 which approved the plan at a meeting meet meet- ing tag in the capitol October 17 State Bar Recommends New Mew Criminal Code CodeA A new state criminal code designed designed de de- de signed to end old defects and abuses and give Utah U h a modern system of penal laws was was recommended Thursday Thurs Thurs' Thursday day by a special ial committee of the Utah State Bar Salient points of o the recommendations lions are 1 1 Eliminating legal loopholes of he the past by which accused persons have taken advantage of such things as asa a a wrong word wordin in a lengthy complaint com com- plaint 2 Elimination of the effect of the eccentric stubborn or purchased juror by providing for less than a unanimous unanimous' verdict in all save capital cases 3 3 Tightening of oC perjury statutes by jy creating an offense known as false swearing 4 Requiring the defendant to give notice i if he intends to make insanity a defense by making mandatory a plea of not guilty by reason of in in- sanity 5 5 Permitting I the court to comment comment comment com com- ment on evidence so as to aid juri juries in reaching their decisions Would Require Alibi Notice 6 Requiring defendants to give notice in case they intend to rely onan on onan onan an alibi 7 Allowing the court to decide on whether joint or separate trials shall be grant defendants jointly accused 8 Permitting trials by judges in all save capital c cases es 9 9 Permitting the prosecution to comment on the failure of a defendant I Ito to testify in a criminal case 10 Confining the duties of county county coun coun- ty attorneys to civil cases and in criminal matters to misdemeanors I Ionly only conducting of preliminary examinations examinations ex ex- ami nations or other matters relating to the first stages of ot a trial by district diStrict district dis diS- attorneys and presentation by districts attorneys of appeals to the state supreme court Under present law la lathe the county attorneys conduct preliminary proceedings district attorneys attorneys at at- tornes torne's the trials and the attorney generals general's office the appeals Favor or Increased Penalty The report points out that by an inadvertence the recently adopted motor vehicle code permits a tine of only 10 in run hit driving cases The penalty should be increased so as to be commensurate with the seriousness seriousness seriousness seri seri- of this crime the report said The report was a result of along a long study of a model code of criminal procedure procedure pro pro- edited by bj the the- American Law Institute and of penal codes of other states Not com itte members concurred concurred con con- in iri some recommendations recommendations' notably one denying a defendant the right to introduce evidence tending to establish an alibi if it he has not filed med notice with the prosecution not less than han four days before re the trial of such intention and explaining the alibi Speedier Justice Urged The rhe proposals to o permit a 3 jury verdict ver ver- diet dict by less than a unanimous vote in all except capital cases and to allow the prosecution to comment on failure of or a defendant to testify can be 00 effected effected ef ef- only by constitutional amendments amendments amend amend- ments the report explained Suggesting creation of a false sw swearing aring offense the committee explained explained explained ex ex- ex- ex that the crime of perjury is notoriously common and by justice The technical restriction th that per per- jury lury is only committed in connection with false testimony as to a material materia matter is too the report said Aiming at speedier disposition of criminal cases the committee suggested suggested sug sug- sug revision of the law to state that the defendant after alter pleading shall be entitled to at least two days to prepare for tor trial but that the time of trial shall not be postponed for a I longer time than the court may deem I imperative i Indictment Short Favored A departure from ordinary procedure procedure dure use of ot the so called short indictment in in- or information is recommended mended Instead of lengthy complaints in I which errors often are found that result result re reo sult in arresting of judgment and tring trying try tr- ing the complaint instead of the defendant de the brief form torm of indictment or Information would merely use the name of th the offense given ziven by common com com- common mon man law 13 or statute or merely state stale so much of the definition of the of of- t tense as s is sufficient to give the court and defendant notice notice- of what offense Is intended to be charged However bills of particulars containing con taming information to inform the de defendant defendant d of the particulars of the of o offense tense are provided and may be or dered by the court on Its IL own motion mo motion tion or upon request of the defendant The prosecution then is required to tofile tofile tome file me such a bill The model code de de- would abolish and provides that all aU de dc- defenses tenses heretofore available by demurrer demurrer de de- I de-I shall shail be taken by a motion to quash the information or indict indict- went ment This short form Is in use In England England En En- gland M Massachusetts New York Ohio Iowa New Mexico and Connecticut Connecticut Connecticut Con Con- Carl A. A Badger committee chairman said Other members of the committee are Parnell Black deputy county attorney attorney at at- torney A. A Ladru Jensen University t of Utah law professor T T. D D. D Lewis former district judge District Judge Herbert M. M Schiller District Jud Judge e eI I Allen G Thurman and Dan B. B Shields United States district attorney ney |
