John Marshall Harlan II

Name: Anonymous v. Baker — Opinion of the Court
Author: John Marshall Harlan II

Anonymous v. Baker — Opinion of the Court

Summary

“Anonymous v. Baker — Opinion of the Court”, is a work by John Marshall Harlan II. It explores elements such as appellants, counsel and investigation.

Quotes from Anonymous v. Baker — Opinion of the Court (John Marshall Harlan II)

John Marshall Harlan II, Anonymous v. Baker — Opinion of the Court

“ We turn to the merits. An understanding of the nature of the proceedings before the Special Term is first necessary. In New York the traditional powers of the courts over the admission, discipline, and removal of members of the bar is placed by law in the Appellate Division of the State Supreme Court. N.Y. Judiciary Law, § 90. When the Appellate Division is apprised of conditions calling for general inquiry it usually appoints, as here, a Justice of the Supreme Court, sitting at Special Term, to make a preliminary investigation. ”

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Source: Wikisource

John Marshall Harlan II, Anonymous v. Baker — Opinion of the Court

“ Appellants here are witnesses from whom information was sought as to the cause of the fire. A witness before a grand jury cannot insist, as a matter of constitutional right, on being represented by his counsel, nor can a witness before other investigatory bodies. There is no more reason to allow the presence of counsel before a Fire Marshal trying in the public interest to determine the cause of a fire. ”

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Source: Wikisource

John Marshall Harlan II, Anonymous v. Baker — Opinion of the Court

“ Reputation in such a calling is a plant of tender growth, and its bloom, once lost, is not easily restored. The mere summons to appear at such a hearing and make report as to one's conduct, may become a slur and a reproach. Dangers are indeed here, but not without a remedy. The remedy is to make the inquisition a secret one in its preliminary stages. This has been done in the first judicial department, at least in many instances, by the order of the justice presiding at the hearing. ”

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Source: Wikisource

John Marshall Harlan II, Anonymous v. Baker — Opinion of the Court

“ In the discretion of the presiding or acting presiding justice of said appellate division, such order may be made either without notice to the persons or attorneys to be affected thereby or upon such notice to them as he may direct. In furtherance of the purpose of this subdivision, said justices are also empowered, in their discretion, from time to time to make such rules as they may deem necessary. ”

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Source: Wikisource

John Marshall Harlan II, Anonymous v. Baker — Opinion of the Court

“ It has been done in the second judicial department * * * by order of the Appellate Division directing the inquiry. A preliminary inquisition * * * is not a sitting of a court within the fair intendment of section 4 of the Judiciary Law, whereby sittings of a court are required to be public. * * * The closest analogue is an inquisition by the grand jury for the discovery of crime.'
By analogy to grand jury proceedings counsel are not permitted to attend the examination of witnesses called in such an investigation, cf. People ex rel. ”

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Source: Wikisource

John Marshall Harlan II, Anonymous v. Baker — Opinion of the Court

“ Notes
↑ The petition of the Bar Association alleged, among other things: 'That such practices result in the following: unfair agreements of retainer; maintenance by lawyers of some system of obtaining prompt information of accidents; congestion of court calendars by unworthy causes which are never intended to be brought to trial; a false conception by lawyers engaged in this practice that the relationship between attorney and client is a commercial transaction in which the interest of the client plays an unimportant part; impairment of public confidence in the Courts ”

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Source: Wikisource

John Marshall Harlan II, Anonymous v. Baker — Opinion of the Court

“ In an interim report, release of which was authorized by the Appellate Division, Mr. Justice Arkwright stated that from March of 1957 to June of 1958 the Inquiry issued 4,875 'request' subpoenas, 2,150 witness and duces tecum subpoenas, and examined the records of approximately 5,000 insurance companies. ”

John Marshall Harlan II

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