News Scrapbook 1988
Escondido, CA (San Diego Co.) Times Advocate (Cir. D. 32,195) (Cir. S. 34,568) JUL 15 1988
San Francisco CA (San ~ranc isco Co.) Examiner (Cir. D. 158,722) JUL 1 5 19bdl 1
S.1n Oiel)ll, C1\1!. Souttwrn Cro 5 ~ \Cir W ?7 ,r,OO) j\ll l $ 1988
._A{~,.•• bt. 1888 /uso prof's~ judgeshiP,~ bid rejectl!d WASHINGTON (AP) The Democrnti<--run Senate ,Judiciary Committt:e vnted along party lines Thursrlay to kill the appeals court nomination of Bernard Siegsin, a on en tl\ Ca!i•orniu professor h,st fr l wht•1•ling views often dif n from Supreme Court prece- dcn• 'I he 8 6 vote recommended that the full Senate reject Siegan, a l •1iver · of. an Diego con titu- tlonal Jaw pro e ·sor. u Sen. Strom Thurmond, Il-S.C., the rnmmittep's ranking Republican, aid Siegan's hackers "will make no effort to take it to the floor. It's ob- viou that 1t'so~er" After the imtial vote, Republi- can tried a la t ga p motion to re port the nomination to the Door without a recomrm•ndation. It fai,ed on a 7-7 vole, with Sen Den- m DeConc1111, D Anz. •rnpportmg the GOP. Pre,;ident RPagan nominated 1egan for the 9th U.S. Circuit C'ourt ofAppeal . 'I he rnurt has ju- n dictH>n ov<·r Ala ka, Arizona, C'alifr 1 rn1a, Hawnii Idaho Mon tan , evada, Oregon, Washing ton, G 1am ond the or!hern Mari- ana I ands. 'I he rPjertion ofa prolific writer ...All.n. ·• P. C. B F.11. 1888 .=..... nators ejec . dg ~%S Aight-wing San Diegan ·s a judicial maverick The Demo- <'r:itic-run Senate Judiciary Com- mittee vot("d along party lines ursday to kill the appeals court nomination of Berna _d Sle an, a on5ervati\!• U iven;lt o n Die- o prof r wh v ews often dif- fer from ·upreme Court precedent. The 8-6 vote r ommended that he full Senate reject Siegan. Sen. trom Thurmond, R .C., the com- mittee's ranking R publican, said -Siegan'11 hack r would "make no ffort to tak it to he noor; it's obvious that it's over." Pr !dent Jteagan nominated Siegan, a co, itutional law profea-- or, for the . 9th Cjrcuit Court of )'peal . Th court has jurL~diction mer \la~ka, Arizona, California Ha'l\aii, Idaho, Montana, • vada: Oregon, Washington, Guam and the enl of RobertBork' un ucressfulat mpt o win confirmation to the Supreme Court last year. Although the writings of Bork and Slegan do not always coincide, both provoked suspicion among Democrats that the n<-minees might try to impose their conserva- tive personal vie over Supreme Court preced n . Sen. Edward Kennedy, D-Mass., who offered the motion to rejP.ct :iegan, criticized Siegan's near-to- tal lark of experien(' lx>fore feder- 111 court! - he argu on case 36 years ago - and said the nominee practiced "Judicial activism in the cxtr Thurmond d fended Siegan, saying h judicial pbi1050pby " hould t th ngle c-riterl " for judgln him. ·~ othtn about h · c-haracter, xperl nc or back round" hould disqualify Si an from serving on the court, Thurmond Id. Siegan went far afield of the Su- reme Court when he wrote that he 1954 dedslon outla\\ing achool egregation was c·orre<·lbut was de- cided by fault r ning. The landmark ruling, he uld, hould have been ba$OO on the tight of black students to travel to he schools of their choice. His crit• lcs said this would hav left stu- dents at the schoolhouse door, with- -out guarant Ing a at lnsid . Siegan has also Id prayer in chools could be constitutional, al- though the Supreme Court b said otherwise. He wrote that equal eight should be given to property ·ghts _and human rlghtJ. And be aid framers of the 14th Amend- ent, which guarantees basic free- oms, n er intended itJ scope to >e as broad a, that defin d by the lupreme Court. WA!. HI 'GTO 'orthern ~lariana Islands. The rejection was remln • domestic v10lence issue in recent yearH. ''OfficerF are much more aw;ire." One of the reasons, she not •d, may be the practical aspect that 1f the,'rc not sens1t1ve to the 1.. ut• !h1•y "muy Hee their name in u tul" nt,l ,July I over 120 Municipal und Supt•nor Court Judges only had hull n•view duty. Now they'll be comb1111•d for Superior Court Judges. W1th bai I review a Judge could stuck up the culls - mi-.ybe IU 01 15 said Roddy - but then w luw "n·quires constant availabili- ty ' "They cn n expect bail calls and TRO culls," he s1tid. &•n,only 1. t•ver, each Judge takl's u turn A for the Mu111c1pal Court Judgc,i,. md Roddy, they're looking ul lhl' fir t 60 day· of the program lo 1•e wlll'lhPr they are going to get 1nvo!vt•d So far tht• calls have averag d two ,1 m1,;ht, smd Presiding Fami- ly Court Judge Thoma Mur- phy, who er at<'d the program m ·an D1 go nd set up a training e i(,n for the judges. Roddy b hcvcd th, about five to 10 TRO,; hrive betm 1. ued. 1 nee July l Thal could change, however. Citing t.1te fib'Ures, Roddy said th t the ' DPD responded to more th u 1,000 actly what the Legislature told us to do," said Murphy All agreed that it's too early to tell how effective the program is. "We will have to wait and see how useful it will be," said Elly ewman, coordinator of the legal support unit of the YWCA's Bat- tered Women's Services. Added Murphy: "We are slowly bumbling our way through." And Lord noted that she's heard that certain jurisdictions won't implement the law just "wa1tmg to get sued by women's advocacy groups." How effective is the TRO? "Do restraining orders really do what they're intended to do?" ask- ed Lord. "It's a value Judgment. "It gives us another tool in get- tmg omeone physically removed if that's the only recourse." But there will still be some people where "it's been Saturday nights at the fights for the past 20 years," said Lord. • * On the Move: S. Patricia Rosenbaum will be formally sworn in as Municipal Court Judge at 4:30 p.m. on Aug. 5 . The cere- mony will be at the Escondido City Hall chambers. Jacob Pankowski ha,; joined Gray, Cary, Ames & Frye as co- chair of the firm's government con- tracts group. W. Richard Sintek (University of San Diego Law School) has join- ed Hthcny, Witte, Wood, Anderson &Hodges. Arlene Prater (USD Law) is now with Jennings, E ngstrand & Henrikson after serving for 11 years as deputy county counsel here. Christopher Connolly has joined Stutz, Gallagher &Artiano. Michele Murphree, who com- pleted her first year at UC Davis Law School and won American Ju- nsprudence awards in contracts, torts and property, is clerking for McDonough, Holland & Allen in acramento. Tamara Fogg (USD Law) has become a prmc1pal at Ferns, Brennan & Britton. She didn't just Join as reported ma recent column. The Transcript regrets the error. "' * Diamond Dust: The Bar Bored softball team is now 2-1 for the season with a 15-6 win last Sunday over Fitzmaurice, Buchbinder & Steres. On July 10 it lost 12-9 to Delicious Intent. Some highlights from the win: •G eorge Andreos, Dan Broderick, Marc Adelman, Ned Huntington and Mark Andrews collectively went 12 for 15 with 2 sacrifice flies. Adelman had a grand slam, two doubles and 4 runs batted in pushing his season aver- age to .667. • Center fielder Broderick had the leadoff batter's fly ball sail "embarrassingly over his head for a homerun." • Carolyn Danielsen went three for four giving her a .750 average for the year. And the loss: •Marilyn Huff went four for four; Rick Benes was two for two; and Judy Haller got her first hit of the season. How long does it take coach Dan Grindle to compile this stuff? He's even got cumulative statistics. Call him at McDougal, Love, Eckis, Grindle & O'Connor for more in- formation . Next game is 10 a.m. Sunday (Presidio Park) against Foul Balls. • San Diego County Bar Association Meetings, July 21-27 July21 Estate Planning, Trust & Pro- bate Law Section - Noon, Varsi- ty Room of the University Club. Speaker: Theodore J. Cranston; Subject: "Creditors' Claims - New Conferencce Room of the Bar. July 22 "Second Annual Evidence Law Seminar" - 8:00 a.m, registra- tion, 8:30 a.m. to 1:30 p.m., San Diego Princess Resort. Speakers: Hon. Victor Bianchini, Hon. Vin- cent De Figlia, Hon. Herbert Hof- fman, Vincent J. Bartolotta Jr., Juanita Brooks, Charles Dick, Ro- bert Grimes, Monty McIntyre, Milton J. Silverman & Dan Williams. Association of Southern Califor- nia Defense Counsel - "First Annual San Diego Mid-Summer Beach Party Seminar" also "The Effective Use of Exhibits in Triai " at Catamaran Resort Hotel. Pan:1. 1sts: Edward D. Chapin, Marilyn L. Huff & Peter L. Dean. Followitig the seminar will be a beach party; guests & children invited for a (Continued on Page 4A) Law & New Procedures." Executive Committee - Noon, LawBriefs by Martin Kruming • "We h n•n 't gc,tt n ou, program up .,nd I u11n111g," . aid Lord, who ul 1 ....nu•d th.,t othm agencies 1m• look111g to • • ho;,. SDPD, th<• Sh nff D 'P ,rtrn nt, nd the Mar h Lil's Offic • llllplem<•nt the pro gnuu The n •cd for requesting a TRO ,·em pt •tt} obvic,u to Lord, t• pel· all ,.,1,,,11 th1·re I reu. unable f1• u on the p irl nf th v1ct1m ,nd "1f you l'IHI find violl'nCC rn lht• pa. t." "Lmb,hty·\\ ist• w1• d be hanging oul u , 11I(•," 1f w<• didn't reque l u TRO. ,ud Lord Other than mobility of the d ,f.,ndunt th , · i the problem of 1•duc.it1ng otlicen1 about the ne;-. law. 'They ( 00 uniformed, an D11•go offict•1•s) havt• to be trained," sa id Lord , who 1•xpPclH that th, will bt• done through u dPpartment· wide videotupP She felt, though, that there hus ,CA 1s Co.) , Times 76,466) lG,343) ~88 E,t 1888 Continued from Page 3 to permit the printing of paper money because the Constitution itself refers only to the making of "gold and silver coin." More recently, Siegan said that the high court was wrong when it outlawed state-sponsored school prayers and that the 1954 ruling banning school segregation was faulty. Acting Senate Judiciary Com- mittee Chairman Edward M. Ken- nedy (D-Mass.) said that Siegan's views are extreme and "out of the mainstream" of American law. Moreover, he said, the Jaw profes- sor's libertarian approach to issues such as zoning would allow courts to get involved in all manner of local and state government deci- sions. Other Democrats cited Sie- gan's Jack of federal court experi- ence in voting against him. Republicans denounced the ac- tion as political. "It is a shame not to have someone of his qualifica- tions and ability on the federal bench," said Sen. Orrin Hatch (R-Utah). In 7½ years, Reagan has named 273 of the 575 judges in the three- tiered federal court system, ac- cording to the Congressional Re- search Service. In the middle tier- the appellate courts-81 of 164 judges have been appointed by Reagan. Despite the liberal furor over some Reagan court nominees, few have been rejected. The Judiciary Committee blocked district court nominee Jefferson Sessions of Ala- bama in 1986, and the Senate defeated Supreme Court nominee Robert H. Bork last year. Daniel Manion of Indiana failed ·to win Judiciary Committee approval for his appeals court nomination in 1986, but he won by a single- vote on the Senate floor. Siegan's defeat leaves three va- cancies on the U.S. 9th Circuit Court of Appeals, which covers California and eight other Western states. - when it agreed 7 Siegan Rejected for U.S. Appeals Court By DAVID G. SAVAGE, 'f},!!JfJJ-Writer WASHINGTON-+iie"'senate approve controversial court nomi- Judiciary Committee Thursday nees. voted down the nomination of The rejection of Siegan "marks University of San Diego law pro- the end of the Meese era in judicial fessor Bernard H. Siegan to serve selection," proclaimed People for on the federal appellate court in the American Way, a liberal lobby California, making Siegan the first group that has fought several Rea- of President Reagan's appeals gan court nominees. court nominees to be defeated. "By voting against Bernard Sie- Eight Democrats voted against gan, the Senate Judiciary Commit- Siegan, a conservative scholar and tee has once again made clear that friend of outgoing Atty. Gen. Ed- nominations made on the basis of win Meese III, and six Republicans ideology-not merit-are unac- voted for him. A Republican effort ceptable to the American people," to send the nomination to the said Melanne Verveer, vice presi- Senate floor with an unfavorable dent of the group. recommendation failed on a 7-7 In response, the conservative - Asaociated Press Bernard H. Siegan Free Congress Research and Edu- cation Foundation charged that Siegan was a victim of a "multimil- lion-dollar political campaign of lies, distortions and half-truths." Jeffery D. Troutt, a director of the group, said: "Bernie's only sin is that he believes that the Constitu- tion means what it says." After a successful real estate career in Chicago, Siegan made a vote. name for himself at the University of San Diego through a series of books and articles contending that environmental and economic regu- lations such as zoning are unconsti- tutional. A student of constitutional histo- ry, Siegan also a~ued that the Supreme Court wa wrong in 1871 Please see S GAN, Page 25 For the 63-year-old Siegan, the committee action meant the end of a lifelong dream to be a federal judge. Nominated 18 months ago, Siegan refused to withdraw despite repeated signals from the commit- tee that he would not be approved. For Reagan, the vote may mean that the Democratic-controlled Ju- diciary Committee will no longer
Made with FlippingBook - professional solution for displaying marketing and sales documents online