Page:The Green Bag (1889–1914), Volume 13.pdf/154

This page needs to be proofread.

The New York Friday Calendar.

127

THE NEW YORK FRIDAY CALENDAR. BY ALBERT H. WALKER. THE Friday calendar of the New York Supreme Court in the City of New York consists of a list of about seven hun dred cases—out of the many thousands on the general calendar—from which number about one hundred and fifty are to be selected by the justice presiding at the call of the calendar and set down for trial on a day not later than one week after the call calendar. The calendar is designated the Friday calendar because it is called on Fri day afternoons. Calling the calendar is perhaps the most lively bit of legal and judicial procedure in this country. The work of the judge, of the clerk who assists him in "running the calen dar," and of the lawyers who attend is most strenuous. The calendar is called in one of the largest court rooms in the famous County Court House, which was built in Tweed's time. The room is about forty feet square with a seating capacity of perhaps two hundred. The call begins at two o'clock. Five or ten minutes prior thereto every seat is taken, and when the call begins all the aisles are full of lawyers and clerks standing. On good days there is hardly a foot of stand ing room vacant. The assemblage is probably the most in teresting and varied array of lawyers and clerks in this country. Neither Mr. Choate, nor Mr. Carter, nor Mr. Root, nor Mr. Coudert are there; but they and other big lawyers and law firms are represented by energetic young clerks whose chief instruc tions are to "get the Jones т. Smith case set for trial, sure," or to "keep the Jenkins v. A. T. & S. D. etc., Co. case off." The young lawyers are not always told how to accom plish the desired result. They are just to do it, and not to bother the partners or older clerks by asking what special reason exists

why a case should or should not be set for trial. To ask such fool questions argues, in the minds of some superiors, a. lack of re source or nerve on the part of the clerk. The clerk might think out a reason for him self,—anyway, he is to do the act success fully. And, too, the call calendar is a sort of skirmish; it will do the young clerk good to think out a reason or special equity for his particular case, and when he finds that won't do, to get up on his feet before the judge and think out another one. In addition to these clerks there are all sorts and conditions of lawyers, from the lowest shyster up through and including the woman lawyer and the young lawyer just starting for himself, to the middle-aged or white-haired lawyer who keeps no clerks, perhaps, and so attends in person. Many eminent younger members of the bar are present, and once in a while some greater legal light, fearful lest some important case may go wrong, is there in person to look out for the case. All told there are possibly three hundred, or more, lawyers present. The scheme of calling the calendar is as follows: A certain number of cases, possibly about one hundred and fifty on an average, have to be selected and "set down for trial1' in the various trial parts of the court. More than this number cannot be set down, be cause the trial parts can dispose of only about a certain number each week, and it does no good to get the trial parts congested with more cases than can be tried. This situation indicates the nature of the contest between the judge and the lawyers, and be tween the lawyers for the plaintiffs and the lawyers for the defendants. The judge is bound to get enough cases set fpr trial, but he cannot set down more than a certain number. Inasmuch as a case seldom gets in favorable position on the Friday calendar