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Show Uphold Counsel Ban at Parole Revoke Hearing - SAN FRANCISCO (ACCN) The California Supreme Court held June 28, that a person who has been convicted and paroled is not entitled to be represented by counsel at a subsequent parole revocation hearing before the Adult Authority. The majority opinion in the case In Re Tucker was written by Justice Louis H. Burke and concurred in by Chief Justice Donald R. Wright. Preston R. Tucker had been convicted in 1949 by the Los Angeles Superior Court for robbery and assault and was paroled in January 1968. In December 1968 he was returned to the custody of the Adult Authority for violating his parole by possessing a firearm and changing his residence without prior approval. At the hearing, the Adult Authority followed its customary procedure and permitted Tucker to appear personally. He was not represented by a lawyer nor was he advised of any rights to be so represented. Tuckers parole was revoked and he sought a writ of habeas corpus from the Supreme Court. The majority opinion of the Supreme Court upheld the Adult Authoritys finding. Justice Burke, in rejecting the contention that refusal of counsel in parole revocation hearings would constitute a denial of due process of law, stated: "If the accused has been fairly tried, defended, convicted and sentenced, and has been afforded reasonable opportunity to appeal his conviction, the essential demands of due process have been fulfilled. Once the adjudicative process has ceased and the rehabilitative stage commenced, it becomes the responsibility of the Adult Authority to determine, in its discretion, the appropriate terms and conditions for the release of the offender to society. The majority concluded that if counsel were required in such proceedings an excessive burden would be case upon the Adult Authority that "could substantially inhibit its willingness to grant the parole privilege in future cases, to the ultimate detriment of the entire penal system." Justice Stanley Mosk's concurring also opinion THURSDAY, JULY 8, 1971 THE DAILY RECORD PAGE FOUR emphasized the logistical problems that would be involved if counsel were required at all parole hearings, which he calculated would require some 32,000 appearances annually. Justice Mathew 0. Tobriner filed a separate opinion in which he concurred in part and dissented. He concurred with the majority in denying a writ of habeas corpus to Tucker because of his parole violation in having a revolver in his possession. Justice Raymond E. Peters, in a separate dissent, joined with Justice Tobriner in declaring that there should be a right to counsel at parole revocation proceedings. Justice Peters rejected the theory that parole is a matter of grace, declaring that "Grace, however desirable in absolute monarchs and omnipotent dieties, is singularly inappropriate to a system of government ruled by laws. Census Pursues Housing Phase Of - WASHINGTON (ACCN) The second phase is underway in the Survey of Residential Finance being conducted by the Bureau of the Census as part of the 1970 census. In this phase, questionnaires have been mailed to lending institutions and individuals who have financed mortgages on residential properties. Earlier, homeowners and the owners of rental properties were a scientifically designed surveyed sample of about 65,000 housing units across the entire Nation. The 1070 Residential Finance Survey will update the statistics collected in the comparable surveys of 1950 and 1960. It will provide lending institutions with a comprehensive package of basic statistical data relating to the current financial status of the Nation's investment in residential properties. Since i960 there has not only been a tremendous increase in outstanding mortgate debt, but changes have also occurred in the characteristics of that debt, the pattern of institutional parto a limited extent ticipation, and the mode of operations. One type of information of interest to lending institutions, which the survey will provide, is the volume of flow of funds. new the items covered in Among the 1970 survey is the purpose of first mortgages which are not used for buying or building properties. This will provide information on the extent of the use of mortgages for such reasons as renewal or extension of loans, securing lower interest rates, obtaining funds for inter-region- al additions and repairs to the property, for investment in other real estate, or for education or medical expenses. Hie survey will also provide statistical information on the extent of participation by holders of the first mortgages in the property income and the frequency in the use of variable interest rates in mortgage transactions. Other subjects included in the survey are: government insurance status (FHA, VA), outstanding debt, term of first mortgage, interest rate on first mortgage, method of payment (regular payments and whether fully amortized), current status of payments (delinquent or in foreclosure), and extent and characteristics of junior mortgage Sioux Heads Indian Law Students Assn. Count making by economists and financial analysts who guide and advise home and apartment builders, officials in financial institutions, institutional investors responsible for pension funds and endowments, building materials makers, real estate industry representatives, community planners and government officials. Information WASHINGTON Justice Data Shows Crime Rate Slows (ACCN) - Rich- ard Trudell, a member of the Santee Sioux tribe from Nebraska and third year law student at the Columbus School of Law of the Catholic University of America, has been elected national president of the collected in this survey will be given the same confidential treatment that is required by law in all Census Bureau operations. liens. From the survey data, a number of ratis will be developed relating various debt, property, and owner characteristics to one another. Results of the survey will be published as a portion of the Bureaus official report on the 1970 Census oi Population and Housing. Information will be tabulated not only for the United States, but for the four major census regions (Northeast, South, West, and North Central States), for metropolitan areas collectively, for central cities and suburban rings within metropolitan areas, and for areas outside of metropolitan areas. Residential Finance Survey information is widely used as a basis for financial planning and decision 70 American Indian Law Student Association (AILSA). The Association has more than 80 members at law schools throughout the country, with the majority of members attending schools located in the west and southwest. It was founded two years ago with the hope of filling an organizational void among the nations Indian atto- rneys-to-be. WASHINGTON The (UPI) Justice Department has reported that the increase in the nations total crime rate for the first three months of 1971 was leas than half that for the comparable period in 1970. Atty. Gen. John N. Mitchell said the FBIs Uniform Crime Report statistics for January, February, and March showed an increase of 6 percent. In the same period for 1970, crime increased at a rate of 13 per cent. major cities with a population of over 100,000 reported an actual decrease in the number of Sixty-on- e crimes for the Trudell, a founder of AILSA, received his B.S. degree from San Jose State College in California and served in the U.S. Navy before coming to Columbus School of Law after finishing his first year of law school at the University of New Mexico. He, who will be employed by a private law firm in Washington for the summer. As vice chairman of the American Bar Associations Indian Affairs Committee of its Section on Individual Rights and Responsibilities, he is one of two students in the U.S. who are officers of the ABA. January-Marc- h period. SALES TAX COMPARISON Sales Tax Rate City pose Utah first authorizedits local units to ima of 1 local sales tax on a county-wid- e 145 cities option basis in 1959. Since that time the tax. and towns and 26 counties have adopted The tax currently produces approximately $12 For a million a year for these local units. sales more complete discussion of Utah's local 70-brief tax see Utah Foundation research Utah's Local Option Sales Tax - 1970, April 29, New York City, N. Y. Chicago, 111. Los Angeles, Calif. Philadelphia, Pa. Detroit, Mich. 8, Houston, Texas Baltimore, Md. Dallas, Texas 1970. Washington, D. C. Indianopolis, Ind. Cleveland, Ohio Milwaukee, Wise. San Francisco, Calif. San Diego, Calif. San Antonio, Texas - 'ALtnOUgn. the city and school district im5 mills per pose business license taxes totalingthis is equal In effect , $1 of gross receipts. z of 1. to a local tax at sales tax, Utah During the recent session of the 1971 the subLegislature, the local sales tax becamewas made effort ject of extensive debate when an to raise the limit of the local sales tax from the The measure present level of j of 1 to The was turned down by the Legislature. Governor has indicated, however, that the matter may be revived if a special session is 1. called later this year. MAXIMUM LOCAL SALES TAX RATES LEVIED IN THE FIFTY STATES - JUNE, 1971 Alaska Wallace Plans Suit Against Foundations - Gov. TOLEDO, OHIO (UPI) C. of Wallace Alabama George plans to file a suit in the U.S. Supreme Court in July asking for an end to tax exemptions for foundations because they "subversive support organizations." Wallace told a funddinner here 25 June the that raising suit already had been drafted. He said the exemptions violated due process of law and equal protection under the constitution and makes the average citizens of Alabama pay twice as much taxes as he ought to pay. $50-a-pla- te ? No tax Prepared by UTAH FOUNDATION from State Tax Guide published by Commerce Clearing House, Inc. 1 |