News Scrapbooks 1977-1979

i;/~/78 ,,,ft T1mf.S Use of Law Students o Try Cases Illegal, Court Rules

such a conaent (by a client to be repre- sented m part by a law student) trig- gers several SathAmendment alarms, for the right to cooneel encompasaes not only assistance of counsel but assistance of adedquate counsel,' Staniforth said 'In the trial or a criminal case. whether Jury or nonjury, the impor- tance of manner, the timing and the form of preeentation of the defense is profound 'An experienced trial jUdge can only watch with horror as a neophyte de- stroys his own case by inept question- ing. The unmediate presence of the experienced lawyer cannot undo the harm done by a single disastrous ques- tion,• Staniforth said "There may be but one moment of time in the course of a trial when the

right act. word or decision Cl! 11 tie made and the case won." he added •A reasonable doubt may be created,• he explamed. 'If that momen of opporturuty passes, nu amount of post-verdict advice to or critique of the 1 .. w atudent'R performance will give solace to a defend.ant m priaon.' In atriklng down the State Bar rul~ governing certified law students, the three-justice panel wd California la'W" pennita the Bar to establish cnteria for admission into the legal profession 'The State Bar is not authorized to admit a pel'!IOn to the practice of law (however)! the ruling concluded. Only the Supreme Court has that power, the justices said Kenneth McCloskey director of examinations for the State Bar, said Pl use Tum to Page 10, Col. 11

CndnN frem First P•e good probability that he did not fully understand his waiver of a qualified attorney at his trial. Such unknowing waiver violated the defendant's rights to a fair trial, Staniforth said Loo's solo perfonnance defending Perez 'clearly and without question constitutes an unlawful practice of law by an unlicensed peraon, a misde- meanor, unless in some manner au- thorized by statute or jUdicial decision,• Staniforth wrote. Staniforth conceded that in 1972 the U.S. Supreme Court had opened the way for certified law students to prac- tice but said that ruling affected a misdemeanor case only. Perez was convicted of a felony. 'In the context of a felony jury trial.

Loo conducted tbe cron-eumina· tlon and direct e:nminat1on of wit- nes,ges and argued before the FY that eventually found Perez guilty Staniforth said there was no record i that Zinter was directly involved in Perez's defense, although the public defender was present throughout the trial. While convinced that Perez prob- ably wai; guilty since he had glass splinters in his arm and was caught by police with two bags of store items, Staniforth. with Justices Gordon Cologne and Gerald Brown concur• ring, ordereda retrial Staniforth wrote bat since Perez could not speak Engbsh, there was a Please Turn to Pap Col. 4

substantial fair trial problems. "This rule purports to dUthorize. without prior screening or approval by the Supreme Court of thIS state, 'certi- fied law students with a supervism!!; ltomey present, to defend or prose- cute not only traffic infractions but arson or a murder charge where he death penalty 18 sought." Staniforth wrote. Pere,. had been charged with steal- ing items from a Calexico store after breaking through a glass door. The defendant had been represented by lmpenal County Dep. Public De- fender F.clward Zinter. but Zinter had obtained a waiver from Perez perm1t- tmg Jack Loo, a certified law student. to try the case.

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about 2.500 certified law students now practicing law in Califorrua. McCloskey pomted out that th students may practice only with ii client's wruver and only with penrus- s1on of the trial judge. David Levy president-elect of th State Bar board of govemora, said the ru1 nught be reexanuned m light of th e ruling. Levy said the Bar also may decide to enter any appeal by the state as a fnend of the court. - ""'na=ld Weckstem, dean of the ruvermty of San Diego I w scfiooI, expr surpnse af flie ruling and predicted it would be overturned by the Supreme Court Weckstem said about 320 USO stu- dents are certified under the State Bar rules, adding that they would probably be notified of the decislOT'~ Schons, meanwhile, said he would seek mpllt from the state law schools as well as the State Bar to fight the appellate court niling. 'The Jmpact of the dcc1S1or. is very grave.' the deputy att(Jrney general said 'I was a certified law student and handled murder cases as one with the d1str1ct attorney's office m Los An- geles. 'The dcCISlon w iJi do rm to legal r.ducalion In this state, Scilons added. To emphasize h;s pcmt, Schons said that, somewhat irorucally. he had been defeated by a certified law student a couple of months ago m an appeal before the same appellate court that handed down the dec1Sior_ He added that Jaw students hdve been used to supplement representa- tion of mdigent defe dants. Unless the ruling reversed. he said, public defcnde orgaruzat1ons wili become overburden

USD Names Five -f7~~~,,i_ I i L"Jchr · To Business Faculty The University of San Diego has appointed five new faculty members to its School of Business. One of the appointees is Dr. Mario J. Picconi, as!,()Ciate professor of finance, Picconi received his MBA from th University of Chicago and his Ph.D. in Philo~hy from Rutgers University . He has taught at the University of Notre Dame and most recently at the University of Akron . 0th rs &re; Dr. Stephen R, Richard;on , a.-., istant professor, who received his . fSBA with honors from t.on University and hii. doctorate at the Univen1ily of Oregon. Dr. Dennis R. Bri5c:oe. who i assistant professor of organizational havior, most recently t.aught at Oregon St.ate University. Dr. Robert R. Johnson, assistant professor of economics, earned his BA at Moorhead State College ol Min- nesota and his M.A. and Ph.D. at the University of Oregon.

SD Plans to Offer Education Doctorate BY LANIE JO~ Tl- Slaff Wrtter The Uruversity of San Diego plans to offer a second doctoral degree - this one in education - uruvermty officials announced this week. _ The program. which is to begin next January, will offer a doctor of education degree for 24 students a year, all of them already profesmonal educators with master's degrees and at least three years of one-the-job experience, . . The goal of the pro~ is to produ~. top school admini_S- \ trators, said the education dean, William Elliott He said USD decided to offer the program after more than four y~ study of local educators' needs. The study included a survey of more than 400 educators in San Diego County. \ Of lhose who reponded to lhe surveys, more than 94%Ba!d they thought USO should offer a doctoral program m .J education - a response that the new program's coordinator, 'USD Asaociate Prof. Philip O. Hwang, called "very, very high.' The cost of the program, which would take about three years if students worked full time toward their 60 acade~c credits would be about $7,500, USD officials said But Elliott termed that amount an investment to aspiring administra· tors and "really an inexpensive way to p~e a doctorate.' The program is to be oriented to professionals who would , ork full or part time while pursuing the docto~te. USD plans to offer eilher weekend or everung classes, Elliott Ba:1d - And because USO is committed to meeting commuruty needs 80% of the' siu{l,ents will come from San Diego • County, officials said. though the program will be advertised A nationally as well v'1 A first meeting for prospective applicants is scheduled for '- July 18. USD's acting president, Sister Sally Furay, said the rw:, school would not set quotas but is definitely interested in '-J. attracting minority a.pd female applicants since these people are needed to provide role models. She noted that USD's program is not expected to compete with a doctoral program in education that San Diego State University hopes to offer next year if funding is approved. \

THE SENTINEL- Wednesday, June 28, 1978 3-A

USO officials announce doctorate in education ByDO' 'AL ff Writer I ~ual tudl

need for this type of pro- gram we're offering, Sister Furay satd. "It was m the same basis that we started the School of ursing here. The com- munity said 'we need this ."' Applicants should phone the School o{ Education or the Graduate Office at 291- 6411> to obtain packem of materials explalnlng the admission trocedures in det11l arxl necessary forms. Applications are pro- cesed continuously but admission to the program will t e pl ce once a year

Philip Hwang, Ph.D., Is coordinat

educational dmlnlstralloo or spec I education. Crun all!() may be taken In the Schools of BuSlll , Law and uning when appropriate, he said The fmal component, laid Elliott, is the dls1er- tat1on. The doctoral program will require a mlnimwn of 60 serneater units beyond the master's degree, Elliott wd. although some stu- dents may exceed th ii minimum, especially ii' they also will qualify for one of the specialist or ser- v1c credential . Only 24 applicants will be admitted yearly to the pro• gram, he said. "We will get the cream of the crop," Elliott aid. "We will not accept more than 24.'

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The f111t doctoral pro- gram oHered by the Unl- ver11ity cl. San Dleio In Unda V11ta will begin il January 1979 for persons who will be involved In leadership poaltlolll in schools Including e per• ao111 111 the poat of dean of tud nta or uperlntendent of city school . Education Dean Rev. William Elliott aaid at a news conference Tuesday that the dee! on to offer the Doctor ol F.ducatlon de- gree (Ed.D ) p-ogram Wal made aner three-year feasibility study which in- cluded a survey of the needl of professional edu• catora In the area. "The doctoral program will be, in a tense, the 'fiaphtp' of the unlver• lty," Elliott aald "It la - d1cat1ve of the growth and maturity the umven1ty has a chleved in the alx years nee the merger '' 'The focus and core of the program, he said, is the leadership oomponent, consisting of 18 semester uruts of doctoral-level counie work All students must also complete the r earch component consisting of six urull of advanced stat! tic and research deal&n, and register for a minimum of 12 units of di Ma lion creclt, 11ld Elliott. The remaining 24 unill he said consl t of a highly ndlVldualized profe onal wth component In ooun- 1 ng. curr\culwn Dd CID, lnc:luclJII

"TEACHERS AIMHIGHER

USD To Offer Doctorate Elliott. Ph.D.. dean of the School or! Education. He said classes will be\ held in the evenings, possibly on Saturday too, so that students will be able to attend without disrupting ( their normal lives. Person hoping to be accepted into the ju t announced Doctor of

Education {Ed. D l program at the University of San Diego will have to how plenty of clas before being ace ptcd for un1ver ity cla; ses in the ubject. With virtually no pubhcity issued, 280 per n have already hown high inter t in the program. which will have 24 utdents, no more. And pplicant will have to have had three year teaching or admini trative c-xpenence. r Sally M. Furay, provo5t and univer ity vie pre ident, md the program has been under study for three year . She ddcd that a large number of unsolicited enquiries for uch a program had ncouraged its Implementation. h aid that tudents will have to have completed master degrees, mu t have d mon trated educational lead r hip, "1 h program will be de 1gncd for tho already working full time in lucation," tat d Fr. William E. DJHLY .

/ • USD to offer doctorate ,n education . . 1 ill ire am n- doctorate. The prog:am recently In a maJor expa~sion of ears. t \\ requ E'r hours , But since most of them won accreditation from the its School of Educa~on, the :,um l: sei:1:'"r dE>gree probably will be employed western Association of University of San Diego has Y 0 1n h edmdeda m school at the same time Schools and Colleges, he announced creation of a leve • s e a , . .d docto of education degree Elliott estimated it would they are takmg com:ses sai - ------ r take three to four years for here, 1t will take possibl.Y pr~a:-w program, which a student working full time six years to comp~;te their will begin in January 1979, in the program to gPt a work for a degr ::.-ee_._ ___ f,OcS -~ 0 v; \.")-e.i)1B •

Fr. Elliott said hat leadership in education will be the quality most stressed. '"First, the student will have to learn what to do, then how to do it."' he said. He added that the program will take the average student three to four years to complete. "It will be a quality program," he said. "We'll get the cream of the crop." Education Dean Elliott said '"The doctoral program will be, in a sense, the flagship of the university. It is indicative of the gro,vth and maturity the university has achieved in the six year ince th merger." He referred to the merger of th,• men's and women's college-. Sr. Furay said the program has already been officially approvpd by the We tern Assn. of Schools and Colleges. r /

will be aimed primarily at those who are involved in education, either in teach- ing or administration, ex- plained the Rev. William E. Elliott, the School of Educa- tion dean "We plan to keep the pro- gram small, only 24 will be admitted to the first class," he said during a conference at the university late yes- terday "The plan is to build on the strength of the students who enter the program. Most of them already will be employed in a school system, either as a teacher, a counselor or in some ad- ministrative post." He emphasized that lead- ership ability will be a major consideration among tho who apply. "The doctoral program v,ill be, ma sense, the 'flag- ship' of the university," he continuPd Sister Sally Furay, USD provost and vice president, said the program has been rn the works for three

quest of local educators. The pro- gram will b1> kept small, she said, with only 24 operungs made avail- able annuallv. Tuition for the program will be $112 or $135 per unit, depending on the level of the course. Applicants will be required to have three years' working experience m teaching edu- cation an1 must submit three letters of recommendatrnn from former teachers and-or employers. Test scores from the Miller Analogy Test and the Graduate Record Examina· lion also will be considered. The Rev. William E. Elliott, dean or education at USO, said an appli- cant's career goals also •'will be heavily weighed," with the 1.1mvers1- ty looking for persons interested mainly in community service through administrative or o~her non- teaching positions in education. "We're going to be extremely selective " Elliott said "We don't have the capacity to admit more than 24.''

"S :t:,. U:t•H() N AREA BRIEFS lD-J-2-1'?

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USO Will Offer Doctorate The University of San Diego will offer its first doctoral degree pro- gram, a doctorate of educatio~, starting in January, university offi- cials said yesterday, The program will be divided into three components - leadership, re- search and professional gro':"1h - with degree candidates required to write a dissertation. It already has been accredited by thP Western As- sociation of Schools and Colleges. Sister Sally Furay, university pro- vost and \ice president, said the prcgram was developed at the re-

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