News Scrapbook 1986

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Established in 1888

80 Pag

Los Angeles, California 90054

Tuesday, February 4, 1986

210 South Spring Street, Phone (213) 625-2141

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Burger Discusses Familiar Themes in Wide-Ranging Talk

"Certaiiily there Is a place for cele- bration," said Margaret Branson, a director of the Center for Civic Education, part of the Law In a Free Society Curriculum Project afflliat.ed with the State Bar of CalUornia. "But this commission can offer a constitu- tional education for an entire nation." The center Is designing a series of 30 les- sons for high school students to be conducted over a six-week period about the Importance of tbe Constitution. Spokesmen for other groups said they are planning similar educa- tion projects. Remarks on Advertising During Burger's remarks to law students, he sharply criticized lawyers who advertise like plumbers or used cars dealers. But he said small ads listing a firm name, address, and practice areas were not objectionable "because they are Just an annoucement of avallability." Repeating what he has said many times before, tlle chief justice called most lawyer advertising "demeaning. It could almost destroy our profession. The bar must do something about It. " To the students seeking advice about fu- ture law practice or use of lawyers, he warned: "Never, never, never engage a law- yer who advertises." He also lamented that "only a fraction of tbe prisoners In the United States work" and earn money for the governments that house and feed tllem. On the issue of allowing prisons to be run by private Industry, Burger said, "My mind is open. I see no constitutional problems. And the truth of the matter is that the pri- vate sector does some things much more ef- ficiently and profitably than the public sector." On the exclusionary rule, which bars evi- dence In criminal cases obtained in violation of constitutional standards, the chief justice said, "Don' t put the burden on society when the constable blunders, put It on the consta- ble." He suggested citizen review boards for police and hearings about police mistakes. "That will teach policemen to obey the Fourth Amendment."

S(lpport for Arbitration Burger also chided those who encourage resolvlng disputes inside, rather than out- side, court, from the "Perry Mason" tele- vision series to lawyers "who think It is stylish to be an adovcate in court." "I~ takes 10 times as long to try a given is- sue m a courtroom than it does In arbitra- tion," he said. The notion that arbitration and other forms of alternative dispute resolution wili take business away from lawyers, he said is "is just a lot of nonsense." Although Burger would not comment on possible changes In the make-up of the Su- preme Court or on the issues of affirmative action or zoning and economic due process he clld speak briefly about Roe v. Wade , th~ court's decision legalizing abortion. Reiterating what he said he noted in a con- currence in that case, Burger told the stu- dents: "I had some problems taking Judicial notice of a sclentUlc fact that had not been proved. The whole picture has changed In the last dozen years since then." When a student asked whether the court should rehear tbe controversy, Burger re- plied: "Ask me in a year or two years or five years." He said that he does not know enough about California Chief Justice Rose Bird's election fight to retain her job to comment on it. But he said, "I am against the election of judges In any state, in any circum- stances." Earlier Monday, the chief Justice told re- porters that the bicentennial commission was under-funded, under-staffed and late in being established. ' "We have 5 percent of what they had 10 years ago" for the bicentennial of the Decla- See Page 20 - CONSTITUTION

Constitution Panel Continued from Page 1 ration of Independence, he said. This com- mission has a $12 million budget, while the other bicentennial commission had $200 mil- lion, he said. Burger brushed aside the suggestion of a second constitutional convention. "We were commissioned by the Congress to celebrate the Constitution as It Is - not as some think It ought to be." Then he added : "It would not be produc- tive to have a constitutional convention and open up the whole subject. When you have a problem, address that problem by an amendment." Those testifying Monday said bicentennial celebrations should encourage public partic- ipation, rather than mere observation. CBS will produce and broadcast a series of bicentennial minutes called "We the Peo- ple," which will begin In September. "It will be a mini-civics lesson," George Dessart, a CBS vice president, told the commission. Philadelphia and the N atlonal Parks Service are planning a year of commemorative events ranging from exhibits and parades to a colonial cook-off and a possible joint ses- sion of Congress In Independence Hall. Other organizations will hold essay con- tests on the Constitution for law, college, and high school students. The military is produc- ing booklets of the 23 soldier-statesmen who participat.ed in the Constitutional Conven- tion. The commission's next session will be held In April In Washington. Late in the afternoon Monday, Burger ad- dressed more tban a thousand people, In- cluding 29 judges of the Ninth U.S. Circuit Court of Appeals, at a dedication ceremony for the circuit court's new courthouse In Pa- sadena. During his remarks, Burger urged federal and state judges to play an active role In ed- ucating people about the Constitution.

Bicentennial Meeting

B11 HON OSTROFF

SAN DIEGO - com- m nts Monday before a packed moot court- room of University of San Diego law students, U.S. Chief Ju tlce Warren Burger complained of an overloaded j~tlce system, prisons that don't pay for themselves, and lawyers who advertise. Pru;t-trlaJ rememclles such as habeas cor- pus place "enormous loads on the courts," Burg r said. After all the appeals, "even lhe guilt! t person In the world begins to be- lieve what his lawyer:; have told him - that he Isn't guilty at all. But we are getting some movement In changing that. " The chief justice also uggested lncreas- ln the use of arbitration, punlshlng police cenr nth r an society for v olatlons of the exclusionary rule, and creating prison Industry. Burger's remarks came after a public ses- lon of the Commission on the Bicentennial of the United Slates Constitution, which he leads The commission of government offi- cial and private citizens met In closed ses- sions Sunday and early Monday morning. During Monday's public session, nearly a score of people from government and prl• vate groups testified about their plans for celebrating the 200th anniversary of the na- tion's guiding document. The commission, which has been In exis- tence since July, was told that education about the creation of the Constitution, what It contain , and how it has fared In two cen- turies, should be the major focus of all com- memorations . In wide-ranging

San Diego, CA (San Diego Co.) San Diego Union (Cir. D. 217,089) (Cir. 5. 341 ,840) FEB 4

1986

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/ Constitution bicentennial work off to a fast start here _;;zq'":5 By Joe Cant\upe her group will focus on educational make periodic broadcasts about the $200 million approved for the coun- Court for the past 16 years, said the make mistakes." Characterizing in- Starr Writer programs. "Our intention is to reach Constitution for a year. A group in try's last major celebration, the Bi- celebration will be a "chance to give terpretations of the Constitution as San Diego ha lighted the first can- every student - no matter the age or Philadelphia, where the Constitution centennial of the Declaration of In• a civics ... and history lesson for us having evolved, Burger remarked: die in the U.S. Constitution's gigantic grade level - with information was signed, also is organizing a mas- dependence, in 1976. all.'' "Positions taken 20, 40 and 80 years birthday celebration planned for about the Constitution," Bowes said. sive celebration in that city for Sept. Even the California state Bicen- Burger was in good spirits yester- ago are re-examined." next year. But that' not everything - it's a 17. tennial Commission is behind sched- day, bantering with reporters during It wasn't lost on Burger or other But the man whose broad shoul- party, after all. Educators and legal groups told ule, according to its chairwoman Jan occasional breaks in the meeting. He commissioners that the chief justice ders bear much of the task to plan A IO-kilometer run is planned for the commission they plan programs Cosby. "We're a little frustrated," she declined to talk about anything other shares a birthday with the Constitu- for this national bash concedes it's March 1987 in the county has a aimed to improve students' aware- said, noting that all the members than the celebration. He relished tion. When Burger turns 80, the Con- not going to be an easy task. theme: "Exercise Your Constitution- ness of the Constitution. have yet to be appointed. talking about the history of the Con- stitution turns 200. When reminded of The rea ons·1 "Time, money and al Rights and Responsibilities." The Bicentennial Commission, Yesterday, however, the 700 peo- stitution and how the founding fa- that, Burger observed he was the limitations on the time of the chair• Bowes, a county resident the past 20 formed by Congress last spring, is pie who filled USD's Camino Theatre thers argued over its formation. product of good "family planning." man," observed the chairman. U.S. years, said, We believe this slogan encouraging pa r tici pation from basked in the glow of red, white and At one point, Burger was asked if 'Tm not," Burger declared, "as old Supreme Court J ustice Warren E. will serve to assure an overwhelm- every citizen, Burger said. blue. the Supreme Court had "watered as the Constitution." Burger. "This won't be easy to come ing turnout and provide excellent The chief justice acknowledged "Other countries have had a num- down" the Constitution over the The commissioners, including by without the media to cooperate." publicity." yesterday that the commission, run- ber of constitutions, three and four, years. "I like water," Burger retort- Burger, praised the reception given Yesterday, the media blitz began A special ed. white and blue fes- ning on a tight schedule, lacks and that many revolutions," Burger ed. But he quickly added: "The court by San Diego University. The panel at the USO Law School where a tive ball" in San Diego County is ten- money, staffing and even office said. "We had one Constitution and has been accused of watering . . and met here at the invitation of commis- panel headed by-Burger heard testi- tatively scheduled for Sept. 12, 1987. space. A director and a media spe- one revolution. There is nothing like stretching. It does the best job it sioner Bernard Siegan, a USO law mony for five hours from private cit- Most of the major events nation- cialist were hired only within the last this.. nothing." can." professor, who said he would "never izens, educators, lawyers and politi- wide will forus on Sept. 17, 1987 - few weeks, Burger said. Burger, a 78-year-old Minnesota "Don't let this get out of the room," have predicted the enthusiasm" gen- c1ans who want to plan celebrations the 2ooth an ·versary of the signing "We're starting from scratch," native who has headed the Supreme Burger said, "but justices sometimes erated on campus about the event. ___,,.- marking the Constitution's 200th an- of this coudry's most important Burger said, adding later that the _.-- , niversary. legal documeat. "whole project is behind schedule." As TV cameras rolled and report- Among the key proposals heard by The chief justice noted that Congress ers scribbled notes, a parade of wit- the commissi>n dur ing the two-day recently appropriated $12 million for nesses came to the school's Camino hearings at rso were CBS plans to the project, a mere fraction of the 1 18 <8

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Theatre and a ked the commission's upport of their proposed bicentenni- al activit1e San Diego'· comm1ss10n, which Burger said was "quite a bit ahead" of just about everybody else in plan- ning. became the first city group rec- ognized by the federal commission to organize local event . Burger said the local group, head- ed by La Jollan J oan Bowes, could serve as an inspiration to organiza- tions in other citie _ Bowes. who de ·cnbes herself as "ju t an average citizen perhaps a bit more patriotic" than others, told the nattonal commission yesterday that

San Diego, CA (San Diego Co.) Evening Tribune (Cir. D. 127,454)

El Centro, CA (Imperial Co.) Brawley News (Cir. D. 4,970)

FEB 4 1986

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1986

F JUSTICE WARREN BURGER, presiding over e second public meeting of the Bicentennial Commission, e panel has a lot of catching up to do in preparing for the 200th anniversary of the Constitution. Burger, chairman of the 23-member commission, said planning for the !!elebration was behind schedule. The panel held a four-hour open session at the U.niY_ersity of Sao DiPgo to receive public testimony. Among members unable to attend were Sens. Ted Kennedy, D-Mass., and Strom Thurmond, R-S.C. The group met in closed session Sunday in San Diego to discuss what one member said were proposed media events. The panel met in San Diego at the request of commission member Bernard Siegan, a USD law professor and national expert on constitutional law.

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( :- Burger blasts judicial elections Chief Justice Warren Buqt>r criticized the use of elections to Ch?