News Scrapbook 1986

Los Angeles, CA (Los Angeles Co.) Los Angeles Dally Journal (Cir. SxW. 21,287) FEB 4

San Diego, CA (San Diego C?-) Dally Transcript (Cir. D. 7,415)

1986

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S5"" Burger Discusses Familiar Themes in Wide-Ranging Talk

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1888 / ThereWas No Legal Malpractice Back when ~ arman was the two were in San Diego with the 8:30_a.m.

upport lor Arbitration Burger also chided those who encourage resolving disputes Jnalde, rat.her than out- aide court from the "Perry Mason" tele- vl I~ aerl~ to lawyers "who think It ls stylish to be an adovcate In court.•' "It takes 10 tlmea as long to try a given ls- aue In a courtroom than It does In arbitra- tion," he said. The notion I.hat arbitration and other forms of altematlve dispute resolution will take blllllness away from lawyers, he said ls " just a lot of nonsense." Althou~ Burger would not coi:_nment on possible changes In the make-up of the Su- preme Court or on the Issues or affirmative actloll or zoning and economic due process, he did peak briefly about Roe v. Wade, lhe court's decision legallzlng abortion. Reiterating what be said be noted In a con- currence In that case, Burger told the stu- denLs "I had some problems taking judicial notice of a scientific fact that had not been proved. The whole picture has changed lo the last doien years since then." When a student asked whether the court should rehear I.he controversy, Burger re- piled : "A.sk me ln a year or two years or five years." He said that he does not know enough about Calllomla Chief Justice Rose Bird's election tight to retain her job to comment on It But be said, "I am against the election of Judges in any state, in any clrcum· stances.'' Earlier Monday, the chief justice told re- porters lhal the bicentennial commission was under-funded, under-staffed, and l(lte In being established "We have 5 percent of what lhey bad 10 ye&n ago" for lbe bicentennial of lbe Decla- s.e P~20 - CONSTITUTION

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Commission on the JEjcentennial of the Constitution. !dur~er as chair- man; Brownell as v·ice 1 :hairman. Dan McGinnis' phone has been "ringing off the hook" since attor• neys got word about the new civil jury instructions produced by his firm, West Publishing. There are two volumes of the seventh edition, replacing volume number six of 1977 . Instead of calling Los Angeles, McGinnis can be reached at 233-4616. Cost is $110 plus tax. Incidentally, McGinnis practiced law in Pittsburgh for about a year before joining the Minnesota pub· lisher . After time in the Rockford-Peoria area, he was in • • * Chicago for about 14 years. In January 1982 he came to San Diego, replacing Tom Denton, who had been here ~ince the mid 1950s and covered everything from Santa Barbara south . * * Mike Bowler has left Higgs, Fletcher & Mack and set up his own practice in Suite 910 of the California First Bank Building, 53') B Street. Bowler, a graduate of USD Law School and former media columnist for San Diego Magazine, will have a general practice and do marketing consulting for law firms. He had been with Higgs, Fletcher since November 1984. * * * John Barry is an associate in the corporate law division of Sax• on, Alt, Brewer & Kincannon. He gradued from Q§D Law School. * • * The Northern San Diego County Legal Secretaries Association will offer a legal secretaries training course at Escondido High School beginning Feb. 24 from 6-9 p.m. and continuing for 13 consecutive weeks. For more information call Mary Hernandez at 722-1914. * * * TV Watch: Brian Monaghan will discuss Injuries, Insurance and Your Lawsuit on Channel 5l 's At the Bar program t his Sunday at

at USC Law School you didn't need to wait until graduation before taking the California bar exam. There were two days of written testing and one of oral. Fewer than 200 took it with him. "I don't know a good reason for not taking it/' says the 87-year-old attorney, who took it more for practice than anything else. He passed that first time in June, 1921, a year before graduation. "I don't think there were as many essay questions as there are now," recalls Farman, a classmate of San Diego attorney Jeff Stickney. The oral part lasted for about two hours and Farman and two LawBriefs others "sat around and talked to this old guy" about a number of subjects, including different kinds of corporate securities. One ques- tion that was asked of the sheriff in Los Angeles was, what's a mor• tgage? Farman grew up in Napa and went to USC rather than Boalt Hall, where all his friends went, to get away from home. His first legal job was drafting legislation in Sacramento which lasted less than a year before he was back in Los Angeles to open up a general prac- tice. Later Farman became an admin- istrative law judge and worker's compensation judge, t!.ansferring to San Diego in 1960 because "I was getting kind of tired of the smog and the crowded conditions." He left the law shortly thereafter and has been retired here ever since although h e 's still an associate member of the County Bar Association. What's changed since Farman first started practicing? "There were no malpractice suits against lawyers," he recalls. And "you could rarely get a doctor to test ify against another doctor. It was sort of a code of the medical profession.' * * * Herbert Brownell was the at• torney general in the Eisenhower administration; Warren Burger was an assistant attorney general and chief of the civil division in the Justice Department. Three years later Eisenhower appointed Burger to the U.S. Court of Appeals in Washington, where he stayed until his elevation in 1969 to chief jus· tice. Meanwhile, Brownell, who grew up in Lincoln, Neb. and went on to Yale Law School, practiced with Lord, Day and Lord in New York after leaving Washington. Today he's still there, practicing intern&· tional corporate law and traveling to Europe at least four times a year. Next week he's in Brazil. This past Sunday and Monday

San Diego County Bar Association Meetings, Feb. 6-12

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Thursday, Feb. 6 Family Law Section - noon, Varsity Room, University Club, Speaker: Mary Eike!, Writ Attor• ney for the Fourth District Court of Appeals, Subject: Writs: How to Do It Right the First Time. Monday, Feb. 10 Taxation Law Section - noon, Varsity Room, University Club, Speaker: Theodore Tannenwald Jr., Judge of the U.S. Tax Court in Washington D.C., Subject: The Tax Court - Where It ls and Where It Is Going. Tuesday, Feb. 11 Military Liaison Committee - noon, Conference Room, Bar Asso- ciation Bridging the Gap Series/ Probate Law - 5:30-8:30 pm, Cal. Western University, Auditorium. /' .......::

Bicentennial Meeting

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By RON

SAN DlEGO com ment.s Mooday be.fore a packed moot court- room of Unlvenilty of ___Jijll. DI go law tudenta, U.S Chief JusflceWarren Burger complained or an ov rl ded Juatlce 1y1tem, pri8ons that don't pay for themaelves, and I wy rs who dvertl POiit trial rem mdl uch as babeai cor· pWI place "enormous loads on the courts,~• Burger said. Iter all the appeal , "even the gullllesl penwn In lhe world begins t.o be- ll v what his lawyers h ve told him - I.bat he i,.n•t guUty at all But we geWn& me movem nt In cbangi.ng that.'' 1be chlel j tlce alliO ested tncreas• Ing the ol art>llrallon, punliblng police omcera r lher Uuw society ror vlolatJons or U>e cJuslooary rule, and creating pri.on l.odu,;lr)' Ourger'11 remarks came alter a public Ion of U>e Commbblon QA..lbe Dlcentenn.lal of the Unl~lltutlon, which he lead3 nie oommbMon of gove~t olf.1- clals and private cltlz met ln clO&ed _. 11 on Sunday and early Monday moml.o&. During Monday's publlc Ion, nearly a !ICON! of people from governm nt and prl• vale group& tMlilled about their plans for celebrating lhe 2001.h anniversary of the na- tloo'b guiding document. 1be commlS&ioo, wbkh bas been In exJ&.. tence !ilnce July, w told that education about the creation of U111 Conatltutlml, what It coatalM, and how It bas fared In two cen- turJ , should be the major rocu.s of all com· memoraUoOll "Certainly there Is a place for cele- bration," aald Maraaret Branson, a director ol the Cent.er for Civic Educallon, part ol the Law tn a Free Society Currtculum Project aJfUlated with the State Bar or California. "But Ulla comml.lision can offer a COlllllltu- tlonal educ a ti n for an entire nation." 1be centt-r Is deslgrung a series of 30 les• ns lor high school students to be conducted over II ax -week period about the Importance 91 the Conettt.utJon Spokeaglen f().f otbet groupa !d lbey a.re planning similar educa- 1.lon project.I Remarks OD Advertlaing During Burger's remarks to law students, be sharply crillclz.ed lawyers who advertise like plumbers or used cars dealers But he aald small ads listing a flnn name, address, and practice areas were not objectionable "becal.l!te they are ju.st an annoucement of availability ." Repeating what be bas said many tl before, the chief justice called tn06l lawyer dvertl Ing ''demeaning It could al.moet destroy our prof Ion The bar must clO som t.hUlg about It." To the studenta king advice about fu- ture law practice or use of lawyers, be warned : "Never, never, never engage a law- yer who advertises.'' He alao lamented that "only a fraction of the prtsooers In the United States work" and earn IDOQeY for the governments that houSe and teed lbem. On the Issue of allowing prisons to be run by private industry, Burger said, "My mind open I see no constitutional problems. And the truth ol the matter ls that the pri vale sector does some things much more ef- flc1ently and profitably than the public aector.'' On the exclusionary rule, which bars evi- dence in criminal cases obtained in violaUon or constltutlooa.l standards, I.he chief Justice said, "Don't put the burden on society when the constable blunders, put It on the consla• hie" He suggested citizen review boards lor police and bearings about poltce mlst.alles. "1'hat will teach _policemen to obey the Fourth Amendment." In wide-ranging

by Martin Kruming

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

--• ,.,,.,..._."'...:, v•• ~...,..._.,._,... ./ -a•-•r Cbnstitution Panel I 1 '-IO Continued trom Pap 1 ration of lndepeDdence, be said. ThJI com- ml.sslon has a $12 million budget, whlle the other bicentennial corornluloo tlad PIO mil· lion, he said Burger brushed aside the llli&Mltno of • aecond conatllutlonal coovenUoo. "We were commissioned by I.he Coqreu to celebrate the Conatltutioo aa It la - DOl aa aome tblDk It ought to be." Then he added: "II would not be produc· tlve to have a ooostltut.looal conventioo and open up the whole IIUbject. Wbeo you have • problem, address that problem by NI amendment." Thole testuylog Monday said bicentennial celebrations should encouraee publlc partic- ipation, rather than mere obllervaUoo. CBS wlll produce and broaclcalt a series or bicentennial minutes called "We tbe Peo- ple," which wll1 begin ID September. "It will be a mlnJ-clvlcs lesson," George Dellsart, a CBS vice president, told tbe OODlJlllllllon. Pblladelphla and the NatioDal~ are planning a year of commemorative eventa ranglog from exhibits and parades to a coloolal cook-0lf and a poulbie JolDl - 1100 ol Congress In l.ndepeDdeooe Hall. Other organi:tatlon& will bold euay con- tests on the CoostltuUon for law, c:ollele, and high school students. 'lbe military Ill produc- lng booklet.a of the 23 aoldier-ttatsmen wbo participated ID the ConaUtutlonal Conven- tion. The commission's next &e8lion will be held lo April In Washington. Late to the altemoon Monday, Buraer ad- dressed more than a tbouaand people, In- cluding 28 'judgea of the Ninth U.S. Circult Court of Appeal&, at a dedication ceremony for the clrcull court's new courtbouae ID Pa- sadena. During his remaru. &raer urpd federal and stale judges to play an active role In ed- ue&tini people about the CamtituUoD. ./

1986

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3 TV newsmen face questions in Luc_D.S case ByMi~ Tribune Staff Writer Three television newsmen will be questioned Monday about informa- tion on David Allen Lucas they are alleged to have gathered and shared with law-enforcement officers before he was arrested on murder charges. Superior Court Judge Franklin B. Orfield yesterday authorized defense attorney William Saunders to ques- tion the newsmen, reporters Steve Fiorina and Ted Dracos and assign- ment editor J.W. August, about con- tacts with law officers between June 10, 1984, and Dec. 11, 1984, when Lucas was arrested. Orfield told Saunders and attorney Ed McIntyre, who represents the newsmen and their employer, KGTV Channel I0, that he will rule "on a question-by-question basis" concern- ing Saunders' requests and the news- men's rights to protect their sources and unpublished information. Saunders wants to know the source of information that led KGTV to send a camera crew to Lucas' doorstep on Casa de Oro Boulevard in Spring Valley on June IO, 1984, the day after a Seattle woman was found severely injured. The woman, Jody Santiago, 34, had been kidnapped and assaulted in the East County and left for dead in a vacant field in Spring Valley. According to declarations filed in the Lucas case, August sent Fiorina and an unidentified cameraman to interview a paramedic who had helped Santiago. The assignment slip contained the location of the fire sta- tion where the paramedic worked ,, and an address that turned out to be Lucas'. Last week, McIntyre suggested that Saunders present a list of ques- tions to determine whether a conflict was necessary. Saunders presented 101 questions, but only a handful of answers were given. Lucas is charged in two cases with a total of six counts of murder and one count of attempted murder. He is scheduled for trial this month in one case and June 4 in the other. Pretrial motions are expected to delay the first trial, in which Lucas 30, is accused of the Nov. 20 1984• slaying of University of Sao 'Dieg~ student Anne Catherine Swanke; of the Oct. 23, 1984, slayings of Rhonda Strang, 24, and the child she was baby-sitting, Amber Fisher 3· and of kidnapping and attempting to mur- .,,der Santiago.

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

FEB 6 1986

San Diego, CA (San Diego Co.) San Diego Union (Cir. D. 217,089) (Cir. S. 341 ,840)

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FEB 6 1986

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Joe Rogers, 69, · tamweight boxing c~ 1940s and SD's athl

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ing the early , died in a hospital Monday following his second open heart surgery. When USO dropped its football program in 1963, Rodgers coached at Marian High. He was Santana High's trau:: r from 1965, when the school opened, until hear t problems forced him to retire in 1971. He had coached boxmg at Santa Clara University ch!ring the 1940s and '50s. 1 r Father Russell Wilson, who taught at Santa Clara during Rodgers' years there an~ who served as USD's presi- dent durmg the 1960s, will officiate at a requiem service tomorrow at 1 p.m. in_Gree~wood Mortuary. Survivors mclude his wife Bern- ice, four sons and a daughter. '

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San Diego, CA (San Diego Co) Evening Trlbu~e (Cir. D. 127,454) FEB7

/school given $1500,000 gift q55 The 81 hop' School, a La J olla pri- to nearly I 3 m1lhon in a ll. The foun- v te chool, has been g1v n 500,000 dcl ion also ha .made gifts to organ- by the R~ubcn II Fl et Foundation 1za!ion rncludrng San Diego State Bishop . offtclal said the $500,000 lJmvers1ty, an Diego city school· , will b d1v1ded b twe n the sthool' th Umver ity of Sao Di.ego and chola hip endowment and fac\llt) Stanford Law School. alary ndowment program Th gift announced th1 week by chool offic1,tl I th latest m a ries of gift from th foundation to th chool 111 r nt years amotantrng T B1 hop's chool campus erves about 550 students in grades 7 to 12, charamg tuition of about 5,500 a year /

1986

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d ext. 42&6. Violin recital by Andres Car- s enes, new concertmasler with San ff ymphony, 7 Pm. Feb 9 Smith R · ,ego Admission: general $S· 1' d ec,tal Hall. tron: 265-69 47 ' ' s u ents. $4. lnlorma-