News Scrapbook 1988
S,in D1eqo , CA \San 01 go Co ,) S,m D1e San Diego CA (San _Dieg~ Co.) Ev_en,ng Tribune (Cir. D. 123,064) DEC 23 1988 DEC 2 1988 ..At~· • P. C. • Est 1888 / USD runs with Pat untilfleno runs aw. Tribune Stafii/;-%, San Diego, CA (San Diego Co.) Evening Tribune (Cir. D. 123,064) DEC 2 3 1988 T II_E USO basketball team ran with ~evada-Reno for a while b last mght. The Toreros traded a kets and traded leads with the W?lf Pack for most of the first half. fhen USO ran into foul trouble a cold spell and turnovers - and Ne- vada-Reno ran away with the game The Wolf Pack defeated USO 90-68 t Reno, dropping the Toreros (4-4) 500 for the first time this season "It's tough to play here" said USO coach Hank Egan 'We got bod • f every- y m oul trouble. We had some ~uhyosd~dh?LPWlayed ha~d, and others 1 n e were Just t · 1ustent " oo mcon- Inconsistency has been one of the few constants this season on a USD team that consists mostly of fresh- men an~ sophomores It was never more evident than last rught. USO tned to force things to hap- pen. What happened is the Toreros turned the ball - and eventually the game - over to the 6-3 Wolf Pack. USO made a season-high 27 turn- overs. The Toreros also committed 31 fouls. The team's five starters col- lected 21 f~uls. Senior guard Danny leans and Junior forward Craig Cot- trell fouled out. feans hit a three- PQlnter m the game's first two min- utes, but did not score again / Wolf Pack asks to see the 'D' i11 USD Esr 18&8:___ =~-------------------~---------, ~[~'• P. C. 8 of its shots. USD assumed a 10-S lea ~=:~~e~~tc!~em~:~~5ro~ lead. The Toreros and We traded ba kets from ther freshman guard Wayman Str ~ho led the Toreros with 1f hi! th e first of hls four three- midway through the first ha' • qq; The Wolf Pack starters accounted for 48 pqints against SMU; reserve guard Kevin Franklin and reserve forward Chris Rupp combined for 49. Franklin scored 32 points in 22 min- utes. Rupp, the NC • field-goal utes on 7-of-8 ••ttllrom the floor. vada-Reno in~ with 23 pqints a percentage l 17 in 26 min- Senior guard ()wens leads Ne- against Montana and 42 percent from the floor for the game. Toreros sophomore center Dondi player In its first five games, strug- gled for the second straight game. Bell was averaging 13 pqints before scoring just two last week against Seattle Pacific. He had six points be- fore fouling out against Montana. Meanwhile USD freshman forward Gylan Dottin has held steady. His 22 against Montana boosted his scoring average to 13 points per game. .Bell, the team's most consistent game. USD ( 4-3) shot just 18 percent (3- for-16) from three-point range finish to a two-game road trip at Ne- TnbUIJe Staff i1iort Like most schools, US~les vada-Reno, where the Wolf Pack av- erages more than 100 points. That should give the Toreros a feel for defending WCAC champion Loyola Marymont, which led the nation In scoring last year and is at it again Nevada-Reno (5•3) has scored more than 100 points in three of its four home games. The other game but 1t was enough for an eight-pqint win over SMU Tuesday night. this season. was a near-miss - only 97 points - oppqnents who will help prepare the Toreros for conference play, in this case the West Coast Athletic Confer- USD lost 80-65 Tuesday night to Montana, but the contest may have helped prepare the Toreros for Santa Clara or Gonzaga, two of the more physical teams in the WCAC. USD opens its WCAC schedule Jan 13. at ence. the score 19-19. st m th e teams traded scon vada-Reno took a 25-22 lead w 1 war~ Kevin Franklin scorir straight PQints. USO took th 4 back when Cottrell hit a Jumpe converted a steal into a slam and a 26-25 lead. But the Wolf came back with six straight pqi fr~ lhrows and never trailed a th e second hall, the Wolf Pack wate h ed USD cut its advantage to 46- 44 when Toreros freshman forward Gyla~ Dottin hit a jumper with 17 18 re'!laimng. Then the Wolf Pack f~ich ~as been averagmg more tha; PQmts a game at home, ran the oreros out of the gym. Nevada-Reno guard Darryl Owens scored a game-high 27 PQmts and ~rankhn added 22 off the bench Dot- tin had 13 for USO followed by ~pho- more center Dondi Bell with 12 and Co JI With 11. . USD's next game is Wednesday at 7·1 3 0thp m. aga t North Texas State a e USO Spqrts Center. In T Nevada-Reno folio ed Dottin's basket with an 11-pqint run 'ffl'r 57 44 lead. a • .. - - ..... home against Gonzaga In the meantime, there is tonight's • Nevada-Reno led 41-36 at halftime --------~-------~------~ OEC 2 3 1988 19 t evada Reno turned the ball over imes, but the Wolf Pack created oppqrtumttes with its defense tum. mg th ose opwrtunities into poin evada-Reno bot 57 pµcent from the f d while USD made 44 percent ..Jl ll,n •• P c e l#U 1 " San Diego , CA (San Diego Co.) San D1eg_o Union (Cir. D. 217 ,089) (Cir . S. 341.840) Friday, December 23, 1988 /About Your $417 Dues . • • DEC 2 4 1988 Jlfl~,a ', P. C. B E,r. I '88 Reno mauls~ USDd Toreros lose, 90-68, to Pack Special to The Union For all the thinking and effort that went into this project, there was also some luck and the presence of factors totally out of our ntrol that could have caused this to self-detonate in our faces. Some opine that the only reason the Republicans talked to us was reapportionment politics. (With all the activist Democrats in bar leadership last year, they couldn't have thought they were dealing with bosom- buddies.) On the other side of the aisle there was the Gang of Five revolt, which all of a sudden .uade the speaker's sponsorship look like a potential liability. In the end there was a turf war over replacing the political appointments lost with the restructuring of the State Bar Court Review Department (from which Ander- lini was pointedly instructed to butt out). Oddly enough, just as the old Review Department was being legislated out of existence, we re- ceived absolutely glowing reports on its work product and record of affirmations by the Su- • preme Court. It's no secret that I did not sign on with the team for this particular battle. It being my nature to feel paranoid, I even began to sense that I was being cut out of the process, to the point of not being conswted or asked to Sacra- mento when my own committee's proposals were under consideration. I wondered what I would have said if asked during a legislative hearing what I thought of the disciplinary re- form package. Did I think it would improve the system? No, this hasn't been analyzed critically. They're just throwing money at the problem, hoping to silence the critics. Honestly, I don't know if this will make things better or worse, and I don't think anyone else does either. How- ever, we do know it will cost more. Well, then, did I support taking discipline out of the State Bar? No, and it has nothing to do with the pro es- s·on's tradition of self-regulation, etc., etc. The problems of the State Bar's disciplinary sys- tem are those of any bureaucracy wi big job to do and limited resources with which to do it. The people who have cared about this sys- tem beyond a superficial level have and will continue to come from within the bar. Convert- ing to a politically appointed leadership will cut those people out of the system in favor of those who don't care all that much but who do have the right connections. There are myriad e..-,.amples of that sort of system not working. Given my feelings, why haven't I been speak- ing out against this proposal? I have wondered about that myself. For all my cynicism, I guess I've had a hard time taking issue with the bottom-line sincerity and mo~vation of the propqnents. Here we have a profession that routinely is reviled for being consumed with its own self-interest trying, as I see it, to solve its problem with the Legislature and maybe get out from under this crisis. An obvious solution would be to collect $140 from every lawyer in the state, put it into a PAC, and spread it around in Sacramento at campaign time. I guarantee you that our problems in this forum ";Ould be over tomorrow. The Price for Peace Now my colleagues are here with essentially the same idea of collecting $140 from every lawyer in the state, only instead ofspreading it around here, they want to devote the entire amount to disciplining the very class of people who will provide the funds. You can call that whatever you want, but if it's simply a question of the price for peace being $140 a head, I have to credit themwith malting the more honorable choice on how to spend it. Hmmm, I guess I can see why they would have wanted to keep me out of Sacramento. So you can remember this tale when you send in your check for $417. If it "defuses" the disciplinary crisis (and I think it will) or even buys peace with the Legislature, you can thank TerryAnderlini. On the other hand, if after this infusion of cash you still don't think the disci- pline system works right, don't blame me. I'n still waiting for the broomstick of the Wicketl Witch of the West what had become our new strategy finally came to me. It was in the movie "Blazing Saddles,'' when a lynch mob had Cleavon Little surrounded. At that point Little grabbed some- one's gun, stuck it to his own temple, clutched hi throat with his other hand and said, "No- body move or the [traditional epithet for black person] gets it." And he sidled out the door to freedom. If sticking a gun to your own head looked like a pretty stupid strategy for saving your life, propqsing to double the cost for running a law- yer discipline system also seemed like a pretty stupid strategy for saving the bar. Once we put this price tag on the system, the lawyers ofthis state assuredly were doomed to pay it, quite irrespective of whether the system was run by the bar or taken over by some state agency. Nonetheless, this new strategy had us sign- ing on to the monitor's proposals e.fter giving them our own twist, and also trying to pour in the type of resources our administrators had theretofore only daydreamed about. Despite the cost, controversy and lack of empirical underpinning, Anderlini felt he could no longer hold the line of resistance against the ALJ proposal, which he saw as drawing consensus support from disciplinary staff and key politicians. mstoric Occasion, or Setup? The board was brought "on board" at the retreat meeting in Santa Barbara in mid-No- vember of 1987. Some have called it a historic occasion, others a setup. Those who could have shed some light on prior reforms were invited too late or not at all. The monitor was given a seat of honor and a chance to lead the discus- sion. While saying he was there to receive our input, he also reminded us that he knew more about the disciplinary system than we did or could.know. There were about 30 to 35 people, including two media representatives and eight governors at only their second board meeting, in one room f'or one three-hour meeting to thor- oughly redesign a system that had given us fits for more than four years - a memorable event perhaps, but not a meaningful working session. The public information campaign that fol- lowed rivaled Bush and Dukakis for number of personal appearances. The message was "Save the Bar" (as it had been two years earli- er when there was no dues bill) . The stock speech included the "list ofhorribles," a litany The bar's Just throwing money at the problem, hoping to silence the critics. of proposals and threats, both sane and insane, made by those who wanted to take discipline away from the State Bar. Another part of the strategy was the rebuild- ing of relationships with key legislators, espe- ciallywith minority leaders who complained of prior neglect. Pat Nolan, then the Assembly minority leader and still a Keller plaintiff, was invited to our December meeting to restate the concerns he had shared in private at our re• treat meeting two years earlier. By late 1987, though, he'd learned to list the bar's perfor- mance in discipline as one of his biggest areas of concern (whereas before he said that he didn't give a 0 #@& about our discipline system). Yet another part of the strategy was getting those who could afford it around to the pqlitical fund-raisers. This tied into the legislative con- tacts program thatAnderlini had wanted to put together all along. In the best of all pqssible worlds the Legislature would end up not want- ing to piss the bar off rather than the other way around. When we trooped up to Sacramento for our March meeting, it became apparent that the strategywas working. Nolan told us so himself. If they passed our bill, we would be doing ev- erything they had been asltjng for to solve the disciplinary crisis. If they didn't, any blame for failing to solve the problemwould~ theirs. Bar Insider dent before Andcrlinl to get a two-year dues blll, which freed his successor for other things. Anderllni's quest may have had its genesis in the administration of Burke Critchfield, who was president during Anderlini's first year on the board. Following Murray's example (and Dale Han l's year pursuing trial court delay reduction) Burke was going for the ultimate - a five-year dues bill (which would have carried u all the way through 1990). In time, this plan was cal d b ck to two years, then one, and then finally to what we got from the Legisla- ture in 1985, which was a zero-years dues bW. The ensuing Heilbron presidency was fairly consumed with the dues crisis. Like Murray, Heilbron got two years, except that his includ- ed the year before rather than the year after. Jack Armstrong got through his bill with a modest lncreaJe, but not before getting caught with an unbalanced budget in the first year of such legislative scrutiny. That brings us to Anderlini. Like so many before him, Anderlini was de- termined not to repeat the mistakes of his pre- decessors. He was also determined, as only Anderlini can be, to deliver what others had failed to deliver - a lasting truce with the Legislature. Anderlini had not picked "disciplinary re- orm" as the vehicle for achieving this truce; it's more like it picked him. Andcrlini had la- bored in the trenches on this problem, and like others, thought we had done what could be done. You may recall that the two central themes of Anderlini's inaugural speech were the image of lawyers and legislative relations, not discipline. He even joined other bar leaders at that convention In denouncing the bar moni- tor's and attorney general's calls for hiring administrative law judges to hear discipline cases. Two immediate internal changes on Ander- lini's agenda were opening up the process and Increasing the political sophistication of board members. For the latter, he started everyone on a subscription to California Journal; there were also Realpolitik discussions on where to find legislators' pressure points. For the for- mer, he started meeting regularly with the committee chalrs. He also reversed the policy of dealing with the bar monitor only on an arm's length bas' . In retrospect, t appears that the watershed event in this story was the issuance of the bar monitor's second report (dubbed first progress report) in early November 1987. In the weeks leading up to Its issuance, there were intense behind-the-scenes batUes over the content and tone of the draft report, which was clearly more an advocacy piece than a sober evalua- tion. Even with the later forging of a public partnership, there was great mistrust in pri- vate of the monitor's tactics, so much so that our Ide ended up informally asking the attor- ney general to monitor the monitor. Monitor'• Criticism The monitor, of course, didn't budge from the substance ofhls propqsals. Rather, he prof- fered his personal vision, as if from Sinai, as the only way out of the desert. Most ironic was his criticism that the State Bar had asked for "too little" money in its 1987 dues request to address the discipline problem. What we all could plainly recall was being castigated by the legislative analyst for asking for too much. What to do. Anderlini himself had briefly aspired to a five-year dues bill. He also wanted an end to the legislative problem and an end to the disciplinary crisis. He had even lined up Speaker Willie Brown, D-San Francisco, to carry the dues bill. But the monitor was con- nected to some ofthe key players and seeming- ly could still wreck it all. About four months later the metaphor for RENO _ Having suffered its sec- ond road blowout in four days _last night the Unive~go men'~ basketball team will be glad to be home for Christmas. The Toreros, after trailing by only 46-44 early in the second half, saw Nevada-Reno pull away with a 24-6 run en route to a 90-68 non-confer- ence victory. "It's tough to play here, and we got everyone in foul trouble," USD head coach Hank Egan said. "We had • Fourth-ranked Iowa has to r~lly to beat Eastern Illinois; No. 9 Arizona squeaks past Oregon State-E-3 • UCLA defeats Stanford-1-3 some guys play bard and o1;hers ~ho didn't. We were just too inconsist- ent'' One player who was consistent for the Toreros (4-4) was freshman guard Wayman Strickl~nd, who scored a career-high 16 pomts on 6-of-9 shoot- ing coming off the bench. Three oth· ers scored in double figures for USD _ freshman forward G Ian Dottin had 13 points and e·ght rebounds, sophomore ce er Dondi Bell bad 12 points and six rebounds and sopho- more forward Craig Cottrell had 11 points. The Toreros, who trailed, 41-36, at the half accumulated 31 of the game's 52 fouls, but that ~asn't their only sore spot. USD shot Just 43 J>E:r• cent from the field (25-for-58), while Nevada-Reno was 55 percent (33--of- 60). At the free-throw_ line, the Toreros were 13-of-22, while Nevada- Reno was 19-of-25. Traum tic Amnesia Yet theatttval of the actual fee notice sure- ly pi4ated a mass case oftraumatic amne- a. Th re won't more SO lawyers, 100 max ho will admit to having any idea that their dues were taking a 50 percent up~ :jump In e space of one year. Folks are gonna scream and, predictably, complain bitterly that this all took place without their knowledge or their having any opportunity to speak up and let their feelings be known. urely thi o tccy will test the patience of all who ate, breathed and slept with the dues bill for the past several months - especially those who con ciously and publicly pursued the board' strategy of selling this increase to the lawyc of the state so that they in turn would help 11 It to For the Wolf Pack (6-3), which had been a eraging 93 points a game, semor point guard Darryl Owens scored 27 on ll-of-13 shooting and sophomore Kevin Frank · added 22. Jon Baer had 12 rebounds and Chris Rupp added seven for Nevada-Reno. Owens averaging 23 points a game, al;o contributed eight assists and five steals. USD, which lost, 80-65, at Montan~ on Tuesday comes home for the holi- day weekend, then plays host to North Tex on Wednesday and to Marist on day.
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