able persons who can prove their poverty to
If he goes to Paris his salary is slightly bet
bring and defend actions in all the Courts
ter, with 11,000 francs as a councillor of the
without incurring any expense. The pauper
Court of Appeal and 13.750 francs as presi
has a right to gratuitous assistance from
dent. The president and the public procura
every branch of the legal profession whose
tor in the tribunal of the Seine have each
services he may require. He has nothing to
20,000 francs. Finally only two judges in
pay to the avoue, the sheriff's officer, the
France reach 30,000 francs a year, vis., the
advocate, the Treasury, or the registration
first President of the Court of Cassation, and
the Procurator-General of that Court. It
office. With this object a special office has
should be added that few judges follow the
been instituted in connection with each
regular course of promotion, some spending
Court, composed of representatives of the
Treasury and the administration, and of mem
their whole career in the provinces while
bers nominated from among retired judges,
others rapidly reach Paris, promotion being
advocates, avoués or notaries. Poor persons, determined solely by selection, that is to say,
by the choice of the Minister of Justice.
desirous of bringing or defending an action
address a written request to the State pro
Sometimes appointments are made direct to
curator accompanied by evidence of their
judgeships in Paris; in other cases after a
poverty in the shape of certificates granted
short time spent in the provinces a judge
by their mayor. The procurator transmits
may be made a Councillor of the Court of
the case to the office of L'Assistance Judi- i Appeal at Paris. . . .
ciairc, which determines whether there is
The public procurator is an official whose
good reason for granting gratuitous assis
function is to represent the State; in civil
tance. If it refuses to do so, the applicant
cases he sees that the law is applied, while in
may apply to the office attached to the Court
criminal
cases he directs proceedings against
of Appeal. The application once granted, the
offenders.
He is represented at each diet by
Dean o; the Faculty of Advocates (Bâtonnier
a
depute,
and
in criminal inquiries by the
de l'Ordre des Avocats), the President of the
examining
magistrates.
The examining mag
Chamber of Avoues, and the President of the
istrates
are
nominated
from among the
Sheriff's Officers each nominate a member
judges
of
each
Court
and
draw a slightly
of their body to assist the pauper. Tf tbe
higher
salary
than
the
ordinary
judges. They
latter wins his case, the avoués and sheriff's
hear
the
witnesses,
adopt
such
measures as
officers are paid, but the advocate, whatever
are
necessary
for
reaching
the
truth,
and in
be the result of the case, gives his services
terrogate
the
accused.
Their
powers
are
absolutely gratuitously. In all criminal cases
very extensive, and were, until a few years
every accused person is entitled to the assist
ago, even more so. No one was permitted
ance of an advocate, and on his requesting
to be present at the examination and the
such assistance an advocate is assigned to
judge
acted on his own unfettered discretion.
him. . . .
But
it
came to be considered dangerous and
The salaries of the judges, which are paid
unjust
thus to hand over accused persons
by the State, are calculated, it must be con
who,
if
unresourceful by nature necessarily
fessed, upon the most modest scale. A judge
became
more
so under the influence of fear,
starting as judge-substitute receives no re
to
a
judge
whose
zeal for the discovery of
muneration. If he gets promoted he be
truth might carry him too far. Accordingly,
comes a salaried judge-substitute with 1500
francs a-year, and his remuneration thereafter a law was passed in 1898 authorizing advo
cates to be present at the examination. This
advances progressively from 3000 francs as a
is already a great step in advance; perhaps
provincial judge to 7000 francs as a coun
cillor of the Court of Appeal, and 10,000 some day we shall have the examination con
if res as a president of a Court of Appeal. ducted in public.
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