News Scrapbook 1988

San Diego CA (San _Diego Co,) E v_enrng Tribune (Cir. D. 123,064) DEC 2 1988

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/ . 1888 USD runs with Pack untilfleno runs awa, TribuneStaf~j;.1 Y T H_E USO basketball team ran of its shots. with ~evada-Reno for a while US~ ~ssumed a 10-5 lead 10 the last night. The Toreros traded games first 21/z minutes, before Ne- baskets and traded leads with the vada-Reno came back for a 12-10 Wolf Pack for mast of the first half lead. The Toreros and Wolf Pack Then USO ran into foul trouble ·a traded baskets from there. USO cold spell and turnovers - and Ne- freshman guard Wayman Strickland vada-Reno ran away with the game "".ho led_ the Toreros with 16 points' The Wolf Pack defeated USO 90-68 i hi~ the first of his four three-pomte~ Reno, dropping the Toreros (4-4) :o midway through the first half to tie ,500 for the first time this season the score 19-19. ''It's tough to play here," said USO Still the teams traded scores. Ne- ~ch. H~nk Egan. "We got every- vada-Reno _took a 25-22 lead with for- y m oul trouble. We had some war~ Kev1~ Franklin scorin six gts pl~yed hard, and others st raight points. USO took theg lead :st~n~'.dn t. \\ e were just too incon- back when Cottrell bit a jumper then converted a steal into a slam 'dunk

high-scoring UNR

and a 26-25 l~ad.. But the Wolf Pack came back with six straight points on free throws and never trailed again Nevada-Reno led 41-36 at halfttm~ In the second half, the Wolf Pack watched USO cut its advantage to 46- 44 when T?reros freshman forward Gyla~ f?ottin hit a jumper with 17:18 which has been averaging more tha~ pomts a game at home, ran the Nevada-Reno followed Dott' ' basket with an 11-point run 1!fr a 1~7~ Nevada-Reno guard Darryl Owens scored a game-high 27 points and 1'.'ranklm added 22 off the bench Dot tm had 13 for USO followed by s~ph; more center Dondi Bell with 12 and remammg. Then the Wolf Pack ioo oreros out of the gym. 44 lead.

Inconsistency has been one of the few constants this season on a USO team that consists mostly of fresh- men and sophomores. It was never more evdent than last night. USO tried to force things to hap- pcn. What happened IS the Toreros 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 fouls. Senior guard Dann Means and Junior forward Craig Cof. trell fouled out. Means hit a three- pointer In _the game's first two min- utes, but did not score again evada-Reno turned the ball over 19 times.. but the Woll Pack created opporturuties with its defense, turn- ing these opportunities into points. ~d -Reno sbo 57 percent from hile USO made 44 percent th e fi l~ turned the ball - and eventually the game -

Loi Anq •lt·s, CA (Lo AngPles Co) Lo Anq •It· D,uly Journ 11 (Cir :,xW. 21 ,287) DEC 2 3 1988

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

Friday, December 23, 1988

iC~r J:os ..: n9rlrs .Daill,! '.lourna~

/About Your $417 Dues .

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DEC 24 1988

Jllle11 '• £,r. r &88 Reno mauls~ uso~ Toreros lose, 90-68, to Pack Special to The t: moo P'. c. B

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 ,11ade 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 (fromwhich 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 consulted 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 heanng 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 !mow if this will make things better or worse, and I don't think anyone else does either. How- ever, we do !mow 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 ro es- sion's tradition of self-regulation, etc., etc. The problems of the State Bar's disciplinary sys- tem are those of any bureaucracy wi ig job to do and limited resources withwhich 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~ples 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\jvation of the proponents. 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 'll(Ould be over tomorrow. The Price for Peace Now my colleagues are here with essentially the same idea of collecting $140 from every lawyer irt 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 them with making 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'M still waiting for the broomstick of the Wicked 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 his 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, proposing 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 of this 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 cl'ter 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 AL.J proposal, which he saw as drawing consensus support from disciplinary staff and key politicians. IDstoric 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 for 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 of horribles," a litany The bar'sJust 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- cially with minority leaders who complained of prior neglect. Pat Nolan, then the Assembly minority leader and still a Keller plaintiff, was invited to our Decembermeeting 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 "#@& about our discipline system). Yet another part of the strategy was getting those who could afford it around to the political fund-raisers. This tied into the legislative con- tacts program that Anderlini had wanted to put together all along. In the best of all possible 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 asking for to solve the disciplinary crisis. If they didn't, any blame for failing to solve the problem would be theirs.

Bar Insider

dent before Anderllni to get a two-year dues bill, which freed his successorfor other things. Anderlini's quest may have had its genesis in the admini tration of Burke Crltchfield, who was president during Anderlinl's first year on the board. Following Murray's example (and Dale Hanst's year pursuing trial court delay reduction) Burke was going for the ultimate - a five-year dues bill (which would have carried us all the way through 1990). In time, thls plan was scaled back to two years, then one, and then finally to what we got from the Legisla- ture in 1985, which was a zero-years dues bill. 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 increase, 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. Anderllni had not picked "disciplinary re- orm" as the vehicle for achieving this truce; t' more like it picked him. Anderlini 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 evenjoined 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 £o find legislators pressure points. For the for- mer, he started meeting regularly with the committee chairs. He also reversed the policy of dealing with the bar monitor only on an arm's length bas' . In retrospect, it 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 battles 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 side ended up informally asking the attor- ney general to monitor the monitor. Monitor's Criticism The monitor, of course, didn't budge from the substance ofhis proposals. Rather, he prof- fered his personal vision, as if from Sinai, as the onlyway 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 alsowanted 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 ome of the 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 Univer~ego men'~ basketball team will be glad to be home for Christmas. The Toreros, after trailing by only 4 s- 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," USO 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 E-3 some guys play ha_rd and ot_hers ~ho didn't. We were 1ust too mcons1St- ent." . One player who was consistent for the Toreros (4-4) was freshman guard Wayman Strickland, who scored a career-high 16 points on 6-of-9 shoot- ing coming oH the be~ch. Three oth- ers scored in double figures for US~ _ freshman forward Gylan Dottin had 13 points and e·ght rebounds, sophomore ce er Dondi Bell had 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 heir only sore spot. USD shot Just 43 ~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.

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Traum tic Amn

Yet arnval of the actual fee notices sure- , tated a mass case of traumatic amne- sin. Th re won't be more than SO lawyers, 100 max ho will admit to having any idea that their dues were taking a 50 percent upwttrd 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 th ir feelin s be !mown. urely this outcry will test the patience of all who ate, breathed and slept with the dues bill for the past several months - especially those who consciously and publicly pursued the ' trategy of selling this increase to the Jawy of the state so that they in turn would help s II It to the Legislature. It won't, of course ell ng anything. Be y and all of that as it may, there Is a how n why to the dues lncrea e that was not part o t tandard sales pitch, what Paul Harvey might call "the rest of the story " In the rmath of the 1988 elections, particular- ly th changes in the California Assembly, it ma for interesting telling. For as long as I've been around, the State Bar has had ita problems with the stllte Legis- lature. That's not news. lt'a also not news that the Board of Governors focuses a lot, perhaps too much, of 1 attention on the bar's relation- ship with the Legislature. This subject Is at or near the to ofevery sitting and would-be State Bar p i nt's agenda. To insiders it is a b nchmar of success of past administrations. f I v relations Is the major perfor- m nee t £or State Bar presidents, then the dues bill th crucible. Those having an axe to grind with the profession don't have to be Rhod Scholars to see the dues bill as the State Bar's own particular Achilles heel. Thus, push- ing a due bill through without bringing the bar to rack and ruin is one of the most Important things State Bar president can do. And, nd d, It is more than a little ironic that Tony Murr y - who some regard as the fore- ather of the b r's current political problems (because of Project Independence, which gen- rated K lier v State Bar of California, S.F. 050, the u,t pending before the state Su- preme Court challengmg the bar' u e of dues for Ut purpo csl - WIil! the la t prcsl- ly

For the Wolf Pack (6-3), which had been a eraging 93 points a game, senior point guard Darryl Owens scored 27 on ll-of-13 shooting and sophomore Kevin Frankl' added 22. Jon Baer had 12 rebounds and Chris Rupp added seven for Nevada-Reno. Owens, averaging 23 points a game, also contributed eight assists and five steals. USO, which lost, 80-65, at Montana on Tuesday, comes home for the holi- day weekend, then plays host to North Texati on Wednesday and to Marist on FrJday.

John Wm Cumming ti a laW1,'er in Eure and ajotffiermember of the StateBar Board of Governors.