Salute To Pittsburgh Jiiclgt., .liivwiilt, arid Domc~stir. Relations Court

Arlinptort. Virginia

(EDITORIAL NOTE: The banquet address of Judge Reid herewith appears, although details of the springtime Pennsylvania Mason Juvenile Court Institute appeared in the April JOURNAL. Among those to welcome judges were Grand Master Sanford M. Chilcote of the Pennsylvania Lodge and the Hon. Gustav L. Schramm, Judge of the Juvenile Court, Allegheny County, and Secretary of the Children’s Service Committee of the Grand Lodge. With the conclusion of the Ninth Session of the Pennsylvania Juvenile Court Institute, 190 judges from courts across the country had experienced the practical and clinical course of study in dealing with troubled children in conflict with the law.)

I look back a great deal on the first institute in which I was a part, a s I come here tonight. It scems like old home week. I see so many old friends with the National Council. Right down there is the distinguished Thomas Ellis, and Charlie Parks who is known among the Southern judges as an hon- est representative, is here too.

I wonder if it isn’t time for us Juve- nile Court judges to begin taking in- ventory. The Juvenile Court and the automobile are about the same age. They have had a somewhat different experience however-both good and bad . . .

If a man is going to be acceptable, an acceptable judge, he must start with a deep interest and a prayer for understanding of children to the greatest of his knowledge so he can get to know them.

There are many ways I think in which we must accept that responsi- bility. It is a twenty-four-hour job with but little time for sleep, but you have had an excellent example here in Pittsburgh of some of the things that can be done.

You have here a court which is widely accepted and which has not only the professional loyalty of its bar but also the widespread acceptance and admiration of the citizens of the county of Allegheny. That is a good target to shoot at. We have so many opportunities it seems to me, each in our own communty. We must recog- nize first that a court is exactly like anything else.

It lives in a fierce-lighted public

opinion. It can be successful only when it receives the approbation of the bar of all the v a r i o u s social agencies to which we are to some ex- tent related.

Handling children is a team job. I t is a community job and if you are a court, you have to be successful. Most of the problems of which our judges complain can be solved through that way. You have trouble getting a staff, a body that enlightens the citi- zens. It can be very successful in pre- venting the argument with you and the body which levies taxes and fixes the budget. How do you get that? Well. there are tremendous opportuni- ties. I don’t know of any person in any community who is open to such invitation and who receives more op- portunity to speak to people who are interested in children. There is hardly a parent or association in America that doesn’t want to hear the Juvenile Court judge or come and talk to him about the fundamental problems of children.

I think the press is another illustra- tion of something which we, as a gen- eral run, sadly neglected. This has been a controversial area among judges, I think. I think public opinion ranges from extremes and very few people think nothing should be with- held from the press. The other goes to the extent that Juvenile Court should act, get away from all publicity. Wait a minute. Another aspect of that, first you must stand a part in the com- munity.

Aren’t they entitled to know how

12 JUVENILE COURT JUDGES JOURNAL, SEPTEMBER 1959

you are functioning? Now we could rll agree that there are certain areas fhrre in which it i s certainly undesir- ~ b l c and dangerous to disclose the ldrntity of children, but you will never get understanding unless the press knows what you are doing and lells it to the people of their consti- tuency.

Not only that, let me suggest this, that no institution under democracy Cnn exist, except in the fierce light of publicity and public opinion. There are no groups of men in the judicial field who wield such tremendous power over the lives of people, people who are otherwise without the protec- tion of Juvenile Court judges. If that power is exerciszd, it will in a long run become arbitrary. The power tends to corrupt the power. For your own protection I think we need to adopt an entirely different viewpoint and I think that viewpoint is going among the judges.

Press Helrtions We are in areas where we don’t

bar newspaper reporters from any of our hearings, except those that are not in the nature of hearings, but in private conference for the purpose of indoctrinating parents with some de- gree of responsibility. We have never had one of them. Yes we did have one. That chap was taken care of by his own associates.

They told him he was a disgrace to the newspaper profession and so I think we have gotten to think about these things. There is more to this than just a matter of talking to your parents and Parent-Teacher Associa- tion, clubs and the like, more to it than seeing that the press is ade- quately informed with regard to the court.

Frimd of Children The judge must be known a s a

friend of children in every field that is serving children, and probably there is no greater field for a judge to serve children outside of his own court than the various protective movements, boys’ clubs, Boy Scouts of America and all.

I have a great deal of pride in this button. I have more than a Masonic button. I felt it wasn’t necessary t o advertise that factor, but these protec- tive movements are the things that a re going to keep down and prevent children from coming into your court.

I think you will find, if you en- courage ysu r lawyers to ccme into court and have confidence, you can make them a part of your court be- cause, af ter all, they a re officers of your court. They are not only mem- bers of the Bar, but they a re members of the courts in the area ot which they practice.

You will find you have one of the greatest resources in the world. They will begin preaching your doctrine. They will begin seeking a sound solu- tion, sound dispositions of the various cases in which they came. There may be exceptions, but the vast proportion of the members of the Bar are con- scious of the fact that they belong t o a great profession. They are willing to accept that duty to give them a n opportunity.

About a week ago, I picked up a Washington newspaper. I saw what was t o me a shocking headline. “The Juvenile Court or social agency-,” doesn’t that headline bctray after all some of our own fans.? I wonder if it doesn’t. Fundamentally we must be courts firsi. Now I am not deprecating the value of social work. Certainly our most va!uabIe tool is good casework, but we have a greater heritage and we must work withir? the framework of the law.

In the canons of judicial ethics of the State Bar is this statement that the judge is not prepostor but a judge under the sanction of law. Let’s use our bar in order to use them; how- ever, you must let him understand that you yourself a re working within the framework of the law and a r e quite cognizant of the ethics of your profession. We must be careful that everyone who comes into our courts understands first his rights there and understands that the Constitution pro- tects his child, just as it protects him.

We must, I think, recognize and be

JUVENILE COURT JUDGES JOURNAL, SEPTEMBER 1959 13

true to that tradition. After all, I think ever). man in the profession has a great pride in his professicinal heri- lagc. That is particularly t rue of physi2ians.

Our Heritage We as lawyers have, I think, a inore

glorious heritage. We have our roots zlready made for the bearings . . . the Magna Charta, the Bill of Right.s and lhc v a r i o u structures and that long strugcle through the century to get rccognitiolt of the dignity of the huiiian pcrsonality. and that is what Democracy is, the recognition, a mu- tual recognition of thc dignity of human pcrsonality.

"Due Process” I wonder if there isn’t an area there

where we can enlist friends. All that was done through lumping these things together called “Due process.” There is too strong a n inclination that “clue process” is a matter of technicali- ties. I t is not. “Due process” in the law is the continuancc and thc recog- nition of the €act that every individual that conies into your court has certain inhrrent rights.

Now you say, this will handicap you in the performancc. of- your dutic:s. i%o my friends. You will find that the well-spring of tlie law will serve to quench your thirst to any area you gct to. If it doesn‘t, you bet- ter walk warily. I think you will find that the judge looks most particular about those recognitions of the in- herent rights, guaranteed by our Con- stitution have probably been the most succrssful. Now friends I hope I don’t talk too long. I have painted the pic- ture ol’ a superinan here. I think most of you think so. Let me go back a little while. How long has it been, Gus. since we had our First Institute? JUDGE SCHRAMM: December, 1955. JUDGE REID: That is four years ago, isn’t it? When you get as far along i n life’s pathway as I have. you look like the fourth century. Let mc make sort of a confession. I think all you fellows of the Ninth Institute, if you were en- tirely honest with yourself, might con’

fcss to somctliing o l the kind yo~irseli. All thc. way through 1 was comparing Gus Schramm’s system with my own and I found mJself rather critical. until about the socond or third clay. and it occurred to me that you live under a somewhat different judicial system and the things you are com- plaining 3bout a re regional and geo- graphical.

Sure you arc not going to be able to operate iust exactly as the court in Allegheny County oprratcts. You have to adjust your system and to tliings. first o i your own judicial system antl second to your own pcrsonality. Thosc~ of you who have been hr rc t h r c ~ or iour iweks ago will rc~nwinhcr l h ; i t t,rcincndous outpouring ol’ cit izcms. nnt only from Pittslmrgh h u t otht,r s ta t rs . Judge Noycs antl I had the privilege of coming u p her(. and tak- ing par t in it.

A I L I rrs/jirirrp I:’.r-rirrr /d, , You ~voiild have seen an inspiring

cxamplc> o i thc application o l somc ol’ these pr’inciplcs that 1 hn\9cs bec,n preaching tonight. You wotild h a w sccn trenicndous numbers of peoplc, practically every organization that had an interest in children, direct or indirect, all here to show their ad- miration and love and affrclion €or .ludgc Schramm. Whcn the chips :IIY~

down, I think the most importanl thing about a job like the .-lllcghrii.v Juwnile Court is doing is illustrating impact of inspired personnel on the whole community and I think, my friends. when that is said and done you have laid down the spccifications for a succrssiul Juvenile Court judge and let mc conclude this without further to do, T think wc arc a11 grate- f u l to Gus Schramin for a trc.mcndous personal friendship and tremendow personal example. One inan by t h v shrer power of his personality under great inspiration can bocorne a t r c b -

mendous force in the very large com- munity.

My brethren of the Ninth Institute, and others, I could make no be t tw wish for you than to say I hope you will have the same experience that Judge Schramm has had. Thank you all. (Applause)

14 JUVENILE COURT JUDGES JOURNAL, SEPTEMBER 1959