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Show For ia 1 1 PM;r f University fait LkeClty, tV;,-a- trnt. Uth Ut'sh YIBSTERN E112 AJAtWCANA 'li Or UMaries MARI 71973 Serials q&dpd VOLUME 17, NUMBER 51 SALT LAKE CITY, UTAH Utah Supreme Court Decision Capsule 32 Decision LAND OWNERSHIP AFFIRMED IN CONDEMNATION PROCEEDING Boundary Changed by Flood -- STATE ROAD COMMISSION Plaintiff and Appellant v. DENNIS K. BLACKNER AND BERTHA MAE his wife; VETERANS AD- MINISTRATION, Defendants and Respondents Trial Court: $32,930 and $20,230 compensation for 11.9 acres; $5,000 compensation for disputed five acre parcel and $7,700 severance damages to remaining lands to defendants. Supreme Court: Affirmed, ("critical issue in the case, was whether at the time the predecessor deeds were made the course of the river had been or in its present location . 1) Defenalong the "old river channel" sudden and dramatic change in the dants rely on sound principle course of a stream, the reparian owner does not lose his property, but the boundary remains as it existed before such sudden change. (Purvine v. Hathaway, 238 Ore. 60, et al) Justice A.H. Ellett dissenting and Justice F. Henri Henroid concurring in dissenting oppinion: "The (defendants) Blackners own land in Davis e tract in dispute is in Weber County .... Blackners County. The never paid taxes to Weber County..." ' "In 1923, 1924, and 1925 surveys were made resulting in a topographic map. This map shows that the main channel of the Weber River at that time was in the gooseneck. . . ."aerial photographs . . . 1937, 1946 and 1952 show main stream coursed in the gooseneck (see drawing). Plaintiff counsel: Vernon B. Romney Stephen C. Ward Defendant counsel: Glen E. Fuller Orval C. Harrison 15 E. 4 South .... .) .... FRIDAY, MARCH 16, 1973 How Reagan Judges A Judge: He Uses a Report Card System 9 BLACKNER, five-acr- so-call- ed .... See details page X. SUPBEME C0UBT OF THE UNITED STATES SACRAMENTO How does Gov. Ronald Reagan select judges whenever Editors Ask vacancies arise? Now that Justice William P. Clarks nomination to the California Supreme Court has been confirmed, many persons throughout the state are asking this question. It is said he has two methods. One for the courts of appeal and the state Supreme Court and another for the. lower courts. and former Palo Alto According to Ned Hutchinson; a businessman who is the governors appointment assistant, the appointees sdeeted'on the basis of their public record as the to the higher court-ar- e their sees it governor judicial temperment and . the clarity of their non-attorn- Unlimited ey News Shield opinions. He said the governor also looks at the "judicial restraint of the opinion in the judge's decisions, the technical competency of the opinion. He said Reagan looks for strict constructionists, with trial experience also a very important consideration. Now, as to the towar coirt appointments how are they made? Gov. Reagans system, it is said, involves the use of a report card system from the State Bar Board of Governors and from special committees in the various districts of the state. In each county, the governor has a committee Usually consisting of a and three superior court judge, a representative'of the in with The familiar the that governor community. legal profession laymen tries to keep the names of. these volunteer, nonsalaried assistants con- -' y fidential. (UPI)-T- he WASHINGTON of American Society Newspaper Editors said Monday it now favors absolute protection of newsmens sources because of a rash of filings' and subpoenas involving newsmen. The ASNE previously supported a : qualified shield law which would have allowed courts to require news- . bar-associati- Any attorney who thinks he is qualified can apply for a judicial post, it is said. At least five years experience is required for a municipal court job and 10 years for a superior court job. When a judicial vacancy occurs at the municipal or superior court level, Hutchinson submits the names of those interested in the job to the committee and the State Bar for a report. Instead of ABCDF, $egrades are EWQ for exceptionally well qualified, WQ for well qualified, Qror qualified, and NQ for not qualified. "Its an almost foolproof system of assuring that the best men are named to the bench, said Hutchinson. He said the system is a good way of removing both bar politics and partisan politics and popularity contests from the selection process. Thus on each applicant, usually from four to six per vacancy, the governor gets six grades. Hutchinson said the governor without exceptionMbever has appointed anyone graded below qualified by either the State Barur members of the committee. 'M When two or more applicants have about the same fating, Hutchinson presents the governor with a brief report on their backgrounds. In each case, the selection is made by the governor himself. Hutchinson said this mique selection process is a departure from previous attorney-governpractices of naming law school and bar association buddies to the bench. Reagan started his svstem when he first took office in 1967. , ' men to reveal confidential information if there was an overriding national interest in the information and it could not be obtained from any other source. G. Fichenberg, chairman . of the ASNE Freedom of Information Committee, noted that since last fall four newsmen had gone to jail for refosing to give unpublished information to courts or prosecutors grand juries, and that ' are getting bolder in issuing sub- - poenas. "It has become clearer Syllabus v. . No. 71-51- Fichenberg testified before a House Judiciary Subcommittee studying whether newsmen should be protected from revealing confidential sources and notes. "In retrospect, our earlier feeling that a qualified protection bill would satisfactorily meet the need was misguided," Fichenberg said. SOUTH CAROLINA Argued December 6, 1972 39. CALIFORNIA COURTS Separate Maintenance Not Decided January 17, 1973 Petitioner, a civil rights worker, claims that the trial resulting in his drug conviction (which was affirmed by the South Carolina Supreme Court) was not fair because of the trial courts refusal to examine jurors on voir dire as to possible prejudice arising from the fact that petitioner is a Negro and that he wears a beard. Held: The trial courts refusal to make any inquiry of the jurors as to racial bias after petitioners timely request therefor denied, petitioner a fair trial in violation of the Due Process Clause of the Fourteenth Amendment. Its refusal to inquire as to particular bias against beards, after it had make inquiries as to bias in general, was not constitutional error. Pp! 2--4. 256 S. C. 1, 180 S. E. 2d 628, reversed. Rihnquibt, J., delivered the opinion of the Court, in which Burger, C. J., and Brennan, Stewart, White, Blackmun, and Powell, JJ., joined. Douglas and Marshall, JJ., filed opinions concurring in part and dissenting in part. Syllabus ROBINSON v. NEIL, WARDEN CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT "It has become increasingly apparent not only the officers and directors of the American Society of Newspaper Editors, but to the leaders of a growing number of media organizations that a bill conferring absolute protection is the oily answer." Same as Dissolution Action The C.A. 2d has held that financial responsibility and marital status may be separately litigated in an opinion rejecting three challenges to separate proceedings. Specifically, they dismissed the appeal from an order dismissing a separate maintenance proceeding and affirmed the judgment in a dissolution action. The wife secured a decree of separate maintenance in 1969, awarding her support to July 1971, but not retaining jurisdiction to extend the period of support In May 1971, she sought an increase in and extension of the support; in June 1971, the husband instituted an action for dissolution of the marriage, to which she ; responded with another request for additional support. The C.A. rejected the demand for further support in each .case. Since the original support decree did not retain jurisdiction, under the relevant statute (now Civil Code Sec. 4801 (d) ) the court lacked authority in the support action. The court in the dissolution action wasjbredosed from granting support because "that issue had beenVonclusively adjudged in the prior separate maintenance proceeding. The court further found that "the court in the dissolution action did not lose its authority to proceed with the dissolution of the marriage" because of the separate maintenance proceeding. "The action for dissolution did not involve matters at issue in the separate maintenance" action, so the husband was entitled to proceed irrespective of thrrtding on support. Faugfait v. Faught, OA. 2d, 2 Civ 39608, Feb. 27, 1973, per Fleming, J. N. E. Yowgblood for appellant; Anderson, Adams & for respondent, (shk) . Bacon, by Chester B. Anderson, Fichenberg, executive editor of the Knickerbocker N.Y., noted that the FBI relies heavily on confidential informants in its law. enforcement activities, and that these informants provide a valuable, service to the public. News-Union-St- Albany-Schenectad- 71-62- 72. Argued December 6, 1972 Decided January 16, 1973 9 1 t Waller v. Florida, 397 U. S. 387, which bars on the ground of double jeopardy two prosecutions, state and municipal, based on the same act or offense, is fully retroactive. Pp. 2--7. 452 F. 2d 370, vacated and remanded. Rbhnquist, J., delivered the opinion for a unanimous Court. Brennan, J., filed a concurring opinion, in which Dougtas and Marshall, JJ., joined. A basic course in legal secretarial work sponsored by the Salt Lake . Probable Cause Provided In a recent decision, the C.A. 1st has held that the fact that a consignee is. to receive contraband through the mail, provides probable cause to believe that other contraband will be present at the consignees residence. I ar, y, Secretarial Training Course Offered Legal Secretaries Association and the Institute for Secretarial Training, Division of continuing Education, University of Utah will begin March 21, 1973. . No. each sources," he said. . CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA in successive month that a dangerous assault is developing against newsmen's ability1 to obtain information from confidential sources without having to betray their trust to their or HAM p . Jewell M. Weston, chairman of the associations education committee, said the course will be held through May 23 in Room 305 of the College of Business. The course carries three hours of institute credit. Mrs. Kaye Aoki, association president, said the cost is $55 and is designed for secretaries entering the legal field or contemplating entering legal work. Instructors will be legal secretaries specialized in each particular law field and attorneys. Further information may be obtained by calling Ms. Weston at.521-200- 0 extension 2222, or the Division of Continuing Education, 581-648- 7. |