Page:United States Statutes at Large Volume 52.djvu/667

 PUBLIC LAWS-CH. 326 -JUNE 8, 1938 Eight of the panel to be practicing phy- sicians; qualifications. Ninth member to beof the District bar. Assignments. Personnel of Com- mission. Physician members may practice during tenure of office. Lawyer member to be chairman; duties in ascertainment of facts. To devote entire time. Alter nate lawyer member, qualifica- tions. Compensation. Terms of original appointments; there- after. Salaries. U. S. c.. 661- 674; Supp. III, §§673, 673c. Expenses to be in- cluded in annual esti- mates. Supervision of Com- mission by equity court. Power to compel appearance of alleged insane; witnesses. Examination else- where. Representation of alleged insane at hear- ings. Fees for services; payment. Eight members of said panel shall be physicians who have been practicing medicine in the District of Columbia, and who have had not less than five years' experience in the diagnosis and treatment of mental diseases, none of whom is financially interested in the hospital in which the alleged insane person is to be confined, and the ninth member shall be a member of the bar of the District Court of the United States for the District of Columbia who has been engaged in the general active practice of law in the District of Columbia for a period of at least five years prior to his appoint- ment. Each physician member of the panel shall be assigned by the chief justice of the District Court of the United States for the District of Columbia to active service on the Commission for three months in each calendar year, and the chief justice may change such assignments at any time at his discretion. The two physician mem- bers on active service and the lawyer member shall constitute the Commission for the purposes of this Act. The members to whom any case is referred shall continue to act in respect to that case until its final disposition, unless the court shall otherwise order. Physician members of the Commission may practice their profession during their tenure of office. The lawyer member of the Commission shall be chairman thereof, and it shall be his duty, and he shall have authority to direct the proceedings and hearings in such a manner as to insure dependable ascertainment of the facts, by relevant, com- petent, and material evidence, and so as to insure a fair and lawful conduct and disposition of the case. The lawyer member shall devote his entire time to the work of the Commission. The judges shall also appoint an alternate lawyer member of the Commission, who shall have the same qualifications as that member, and who may be designated by the chief justice to act as a member of the Commis- sion in absence of the lawyer member; for such service the alternate shall receive $10 for each day of actual service. Original appoint- ments of physicians shall be two each for one, two, three, and four years, respectively, the lawyer member to be appointed for four years. Thereafter appointments shall be for four years each. The salaries of the members of the Commission and of employees shall be fixed in accordance with the provisions of the Classification Act of 1923, as amended. The Commissioners shall include in their annual estimates such amounts as may be required for the salaries and expenses herein authorized. The said Commission shall act in all respects under the direction of the equity court. The court may compel, by subpena, the appear- ance of alleged insane persons before the Commission for examina- tion, and may compel the attendance of witnesses before the Commission. If it shall appear to the satisfaction of the Com- mission that the appearance before it of any alleged insane person is prevented by reason of the mental or physical condition of such person, the Commission may, in its discretion, examine such person at the hospital in which such person may be confined, or, with the consent of the relatives, or of the person with whom such person may reside, at the residence of the alleged insane person. The court may in its discretion appoint an attorney or guardian ad litem to represent the alleged insane person at any hearing before the Commission or before the court, or before the court and jury, and shall allow the attorney or guardian ad litem so appointed a reasonable fee for his services. Such fees may be charged against the estate or property, if any, of the alleged insane person, or taxed as costs against the petitioner in the proceedings, or, m the case of an indigent person, charged against the funds of the Commission, as the court, in its discretion may direct. 626 [52 STAT.

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