Strickland, D. W.

English

University of Denver

Denver Law Review Volume 7 Issue 8 Article 2 July 2021 Denver Bar Association Judiciary Committee Report Concerning Bar Primary D. W. Strickland Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation D. W. Strickland, Denver Bar Association Judiciary Committee Report Concerning Bar Primary, 7 Dicta 3 (1929-1930). This Article is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact jennifer.cox@du.edu,dig-commons@du.edu. DICTAVol. VII JUNE, 1930 No. 8DENVER BAR ASSOCIATION JUDICIARYCOMMITTEE REPORT CONCERNINGBAR PRIMARYMay 7, 1930.Mr. John H. Denison, President,Denver Bar Association,Denver, Colorado.The Judiciary Committee, which has been directed bythe Executive Committee and the Board of Trustees toarrange for the holding of a Bar Primary with reference tothe selection of approved candidates for the District Benchat the forthcoming General Election, begs leave to submit thefollowing report and recommendations:The Committee has borne in mind that it is not a functionof the lawyers of the community to dictate to the voting publicwho should be elected, or even who should be candidates forelection, to the Bench. The proper function of the Bar weconceive to be merely to indicate what candidates are ap-proved and recommended to the public by a majority of theBar, and to urge their election.The Committee has in mind also that the lawyers, repre-senting as they do all of the public as they appear as litigantsin court, and being acquainted with the requirements of thejudicial office and acquainted also with the judicial qualifica-tions of the lawyers, in a very true sense occupy a unique posi-tion qualifying them to give impartial and informed counselto the voting public.The Committee has received suggestions from a numberof members of the Bar proposing plans for a bar primary.One plan, strongly recommended, proposes an initialprimary in which the candidates shall be confined to presentjudges of the District Bench, and a selection from among themDICTAof such of the present judges as shall receive a majority voteof the members of the Bar voting, such judges as shall fail toreceive a majority vote becoming ineligible as candidates in afurther Bar Primary. It is contemplated that any vacanciesresulting from this first primary shall be filled through asecond general primary open to all members of the Bar ofDenver who wish to be candidates.The Committee is of the opinion that the qualificationof any judge on the Bench is a relative matter and should beconsidered with reference to the qualification of every othercandidate whether on or off the Bench. The Committee con-cedes that consideration should be given to the experience ofand service rendered by any judge sitting, but is of the opinionthat such consideration will be given its due weight by themembers of the Bar in an open primary in which all availablecandidates are considered. The Committee is further of theopinion that this proposed plan would have a tendency tounduly inject a personal element in the selection of candidatesand to incite controversy that should be avoided.A second plan suggested to the Committee contemplatesan open primary for all seeking to be candidates in whicheach candidate shall make known his party affiliation, and inwhich each member of the Bar shall be permitted to vote fornot more than four of any one political party, all with theeventual purpose of selecting seven candidates, no more thanfour of whom shall belong to any one political party. Thisplan is thought by a majority of the Committee to be objec-tionable because it calls for discrimination and support onaccount of party affiliation and for the further reason that it isbelieved by the Committee that from the party standpoint itwould not be satisfactory to either of the political parties andthe plan would diffuse and weaken the influence of the mem-bers of the Bar and involve difficulties of a practical nature.A third plan proposed contemplates the selection of twotickets of seven candidates each, one Republican and the otherDemocratic, these tickets to be submitted to the respectiveparty assemblies for approval. As an adjunct to this plan ithas further been proposed that after the party primaries havebeen held the Bar should have a further primary to choosefrom among the fourteen candidates of the two politicalDICTAparties seven candidates who shall constitute the Bar ticket andreceive the Bar support. This plan is thought by the Com-mittee to be also objectionable for the reason that it requiresdiscrimination and support on account of party affiliation andbecause of necessary practical difficulties in its operation andan excessive weakening and frittering away of the influenceof the Bar.A fourth plan has been proposed to the Committee, whichafter very careful consideration and notwithstanding somepractical objections that may be made to it, is believed by yourCommittee to be more satisfactory than any other proposedplan.The Committee recommends that a Bar Primary be heldfor the selection of seven approved candidates for the Dis-trict Bench, wholly without reference to their party affilia-tions.The Committee is convinced that the members of the Barwill give due consideration to the merits of every candidatewithout regard to his party politics and that every lawyerwho aspires to the Bench may rely upon a fair considerationof his merits as a.lawyer and candidate, whethzr he be a Re-publican or a Democrat. The Committee is further of theopinion that the selection of seven candidates on this plan willtend to integrate the influence of the Bar and at the same timecreate greater confidence in its judgments than can be possibleunder any other plan. It is the belief of the Committee that iflawyers aspire to places upon the Bench they should first lookto the approval of their fellow members of the Bar, and thatthe good repute of judges at the Bar and the satisfaction thatthey create in the members of their own profession should bea chief criterion of their acceptability as candidates. It isbelieved that the time is now ripe for a vigorous stand by themembers of the Bar upon the sound principle that takes ac-count of the merit and fitness of candidates alone, and for arecognition of the duty of the Bar to render the aid it is capa-ble of giving to the voters in the wise selection of judges. Adue respect for the judicial office and of the relation of theBar to that office calls for a united and courageous effort ofthe entire Bar toward this common end. If as a result of wellconsidered and energetic effort on the part of the Bar theDICTAelection of its approved candidates can be assured, as theCommittee believes possible, a long step will be taken topermanently strengthen the influence of the Bar and to makeit a more effective instrument for the maintenance of a fear-less, impartial and competent judiciary. A plan similar tothat now proposed, although not completely successful, re-sulted in the most effective Bar Primary we have ever held,that of 1912.The Committee, therefore, proposes that a Bar Primarybe held for the approval of those seven candidates for the Dis-trict Bench who shall receive the highest number of votes ofthe members of the Bar; that such selection be made withoutreference to the party affiliations of the candidates; that suchseven approved candidates be known by an appropriate titleto be selected by the Judiciary Committee; and that the heartysupport of every member of the Bar be invoked in behalfof such approved candidates down to and including the elec-tion in November.The Committee further proposes:1. That every resident member of the Denver Bar beeligible as a possible candidate and as a voter in the primary.2. That proper provision shall be made for the secrecyof the individual ballot.3. That nominations of candidates shall be invited fromall members of the Bar to be submitted within a period pre-scribed by the Committee.4. That the names of all candidates so nominated shallbe published and shall appear on the first ballot.5. That on each ballot the voter must vote for sevencandidates.6. That after the first vote the names of not less thanfifteen candidates receiving the highest number of votes shallbe selected to appear on the second ballot.7. That after the second vote the names of not less thanten candidates receiving the highest number of votes shallbe selected to appear on the third ballot.8. That on the third vote the seven candidates havingthe highest number of votes shall constitute the candidatesapproved and recommended by the Bar.DICTA9. That the Judiciary Committee be vested with fullpower to make rules and regulations to govern, and to decideall questions relating to, the holding of the primary and totake such further steps, as in its judgment appear necessary,to consummate the final election of the seven candidatesrecommended by the Bar.Respectfully submitted,THE JUDICIARY COMMITTEE,By D. W. Strickland, Chairman.INTERSTATE COMMERCE COMMISSIONBARBy Albert L. Vogl of the Denver BarI judge from what happened at the recent hearing inDenver before an examiner of the Interstate Commerce Com-mission, that members of the Denver Bar are not advised ofthe fact that the Interstate Commerce Commission has estab-lished its own Bar.In order to practice before that Commission, it is neces-sary that the practitioner be "admitted". The Commission'sBar is divided up into two classes, designated as "a" and "b";class "a" consists of attorneys regularly admitted to practicebefore the highest court of any State, and class "b" consistsof traffic men whose particular training or experience is cal-culated to qualify them to be of assistance to the Commissionin matters which come before it.In order for attorneys to be admitted, it is necessary tofile an application on a form which is furnished by the Com-mission and attached thereto must be the certificate of theclerk of the highest court of the State, certifying that the ap-plicant is admitted to practice in that court, and that the appli-cant is in good standing and has never been disbarred.In view of the frequency with which controversies beforethe Commission become the subject of public interest in thisState, the foregoing may be of interest to the Bar.

Denver Bar Association Judiciary Committee Report Concerning Bar Primary

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Denver Bar Association Judiciary Committee Report Concerning Bar Primary

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