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Show PAGE EIGHT THE Newton's Lawyer Fails to Get Teens on Jury - OAKLAND, CALIF. An (UPI) attorney for Black Panther leader Huey P. Newton has tried un- successfully to include in the panel of prospective jurors for Newton's manslaughter trial. Ally. Charles Garry contended this should be a legal consequence of the ratification by the required 38 states of the Constitutional Amendment lowering the voting age to 18. Prosecutor Donald P. Whyte denied the Amendment would affect jury lists. Anyway, he said, the Amendment will not take effect until Congress determines an effective date. Superior Judge Harold B. Hove concluded the Amendment does not apply to the Newton case, and said I'm not going to delay this case. Hove also denied a motion of Garry's quash the indictment on grounds the 1967 grand jury was' to unconstitutional. Garry said testimony by 23 Superior Court judges indicated the grand juror selection did not represent the community because jurors were nominated by judges from among "their cronies, or friends of cronies. Newton, 28, is accused of manslaughter in the fatal shooting of a policeman in 1967 during an argument resulting from a traffic check. In an earlier trial, Newton was convicted but after he served two years in prison, the conviction was reversed because of judicial error. Voipe Defends Idea No-Fau- lt At ABA Meeting NEW YORK (UPI) - Secretary of Transportation John A. Voipe told an audience of lawyers hostile to the lt insurance concept that nofault was better than the present system and that the Nixon administration was pressing to have it adopted by the states. The existing system of auto insurance ill serves the accident victim, the insuring public and society at large, Voipe told the no-fau- Bar American Association ABA Unit Hits NEW YORK (ACCN) -- The "wayfaring fool test which has guided courts over the years in determining liability under life and health insurance contract provisions should be "consigned to oblivion" and replaced by the doctrine of "reasonable expectations," the American Bar Association was told July 5. In a speech to the Section of Insurance, Negligence and Compensation Law at the ABA's 39th annual meeting in the Waldorf Astoria, Marshall F. Denenholz described the "wayfaring fool phrase as having emerged from a 1937 opinion by the Supreme Court of Arkansas. The courts opinion, Denenholz said, "involved the construction of an aviation exclusion in the double indemnity provision of a life insurance policy. The court ruling he quoted said: "If (the insurer) meant to exclude Detroit Plan Trains Lawyers For Riot Cases - A special DETROIT (ACCN) the past over program developed four years is starting to train some to 400 Wayne County 300 (metropolitan Detroit) lawyers in the special handling of civil disturbance cases. President of the Detroit Bar Association, Edward P. Frohlich, has named three prominent attorneys, experienced in criminal defense, especially in the Detroit Recorders Court and Wayne County Circuit Court, to direct operations, in cooperation with the Mayors Committee on Civil Disturbances. They are Ivan Barris, Myzell Sowell and Louis F. Simmons. All are members of the Detroit Bar Association Board of Directors and Barris is also Second Vice President of the group. Sowell is Chief Defender of the Private Defenders Office, not funded by federal aid and one of the most successful across the nation. This office would normally carry much of the burden in the event of disturbances. The plan will give the office of the Defenders a group of with the familiar qualified lawyers, to due process and speed problems, individuals ensure rights of pre-appoint- ed Assembly. "It is basically inefficient, expen- sive, incomplete and slow. It allocates benefits poorly and unevenly. It discourages the use of rehabilitative techniques. It overburdens the courts and the legal system. Both on the basis of past performance and the logic of its operations, it does little if anything to minimize crash losses. Voipe said that although the nofault insurance concept will not cure all the troubles associated with motor vehicle accidents it "most definitely promises improvements over the current system. Under the system insurance payments for personal injuries are made without litigation to determine who was at fault. will "substitute He said for certainty uncertainty in that it assures that a person involved in an auto crash, unlike the present no-fa- ult no-fa- ult system, will some receive reparations. Voipe said that under the present system less than one of every two premium dollars finds its way to the auto crash victim and that a lt no-fau- system "promises greater ef- ficiency." Voipe said that the court system now handles more than 200,000 auto accident disputes a year and that in terms of a judges time these cases "consume more than 17 per cent of the countrys judiciary resources. to me seems a tragic "This imbalance of priorities in a nation that is struggling to cope with a multitude of other legal problems. lt He said the merits of insurance are so persuasive "that deliberations in Washington today in the executive branch and in the no-fau- legislative branch relate primarily to the matter of where reform should take place, at the state or federal level. Lawyer Asserts Burger Wrong On Courts Role - Manhattan NEW YORK (UPI) D. Paul Rheingold took attorney issue with Chief Justice Warren E. Burger on the role of the courts as a vehicle for change, in remarks at an American Bar Association section meeting here, July 6. Burger said in a press interview earlier during the ABA's annual convention, of which the section meeting was a part, that young people who enter the law in order to change it will be "disappointed. Rheingold, the author of an "Environmental Law Handbook, said both state and federal courts, including the Supreme Court, in at least one case in which Burger himself concurred, had ruled in favor of environmental groups bringing suit in cases where there was no clear law concerning the matter under litigation. "The courts are changing the law every day," referring to a Rheingold said, case involving a successful suit by environmentalists to block construction of a road through over park in Memphis. This was the suit in wuch Burger con- RECORD DAILY MONDAY, JULY 12, 1971 Insurance Test Wayfaring Fool liability . . . why did it not say so in such plain languange that a wayfaring man, though a fool, might not be deceived thereby?" Denenholz, second vice president and associate general counsel of The Equitable Life Assurance Society of the United States, said current standards for insurance policy as enacted by state legislatures have made the wayfaring fool concept an unnecessary test, though some states still insist on applying it. He described as more logical and provisions doctrine the appealing" of as laid down broadly by Prof. Robert E. Keeton in his article "Insurance Law Rights at Variance with Policy "reasonable expectations to wit: Provisions, "The objectively reasonable id inexpectations of applr- -' the tended beneficiaries terms of insurance contracts will be honored even though pain 'unr m'A study of the policy provision. have negated those expectations. .0ung July 5, Burger rejected the the of expanding nine Supreme Court from its present members but suggested several measures to ease the number of possibility cases facing the overburdened court. construe contracts strictly against the insurer and have invoked the contract of adhesion theory to similar purpose. "Indeed, Denenholz continued, "an insurance policy is a contract of adhesion but, in actuality, the contract negotiations are not all that Commented Denenholz: "The doctrine of reasonable expectations is obviously more logical and appealing than the test of the wayfaring fool, but in enlarging policy provisions and liberalizing benefits it should be used with caution and restraint. He told the lawyers that courts have "resorted to ingenious means and devices to impose liability under insurance contracts. "They have struggled, he said, "to find ambiguities in order to Judge Advises: Preparation Vital to Plea For Probation BURBANK, CALIF. (ACCN) -P- Los Angeles County Superior Court Judge Harold J. Ackerman advised recently in an address to the Burbank Bar Associations annual installation luncheon. Successfully getting a client probation comprises many acts on the part of counsel, the Judge said. Guidance and help before, during and after trial all will affect not only the probation report in the event of conviction, but also the courts attitude toward the defendant in considering that report, he continued. Help a client prepare his statement for the probation department, Judge Ackerman Make certain that he suggested. the describes background of events leading up to and his involvement in the crime charged, and that his plans for the for future show a real "desire "honestly" probation and a program which will help prevent a reoccurrence. Sometimes, even explanations of prior convictions are helpful. Efforts by one convicted of a crime to seek medical help, when necessary, and to make restitution, cannot but influence a court in his favor, when probation is being considered, Judge Ackerman pointed out. Counsels duty lies in working with the probation department in probing the possibilities of a plan of probation, in making suggestions and in making efforts toward rehabilitation, such as enrollment by the client in social help agencies. The attorney who comes into court on the day for sentencing and only then asks permission to read the probation report and ends up in simply "agreeing or "disagreeing with its recommendations will be of little help to his client and can expect short shrift from the court, Judge Ackerman concluded. While it is a Letter method of judging liability, "reasonable expectations should not give courts a license to "run amuck," said Denenholz. (ACCN) - "In God We Trust," was designated as the national motto of the United States by Congress in 1956. Its origin has been traced to its use as an inscription on U. S. coins, beginning in the Civil War period. Library Auditorium AMERICAN LAWYER 1984 . . . ideas are changing Lecture by Dr. David W. Robertson . Professor of Law, University of Texas FREE Open to Public ATL Annual Meeting Will Mark 25 Years - BOSTON (ACCN) Returning to the scene of its founding 25 years ago, the worlds largest trial bar, the 28,000-memb- er Trial American Lawyers Association will observe its silver anniversary with an review of the past, present and future of all phases of trial law under the theme, "Prologue to Progress in Portland, Ore., August 1 - 7. More than 5,000 trial lawyers, judges, law school professors and h, Plea to Jury Ended By Bay State Court representatives A century-ol- d BOSTON (UPI) Massachusetts custom allowing a defendant in a murder case to make a personal plea to the jury has been ended by the Massachusetts Supreme Court. The court, in a unanimous decision written by Justice R. Ammi Cutter, said the reason for the custom the "plea from the dock has now "entirely disappeared. To continue the tradition, the court said, might result in jurors last-minu- te becoming confused between a defendants testimony under oath on the witness and his unsworn final statement to the jury. Massachusetts was the last state permitting the procedure, which arose out of times when defendants were barred from testifying in their own defense. The court made its decision in upholding the murder convictions of Robert J. OBrien, Christopher F. Diminico, and 24, 20, both of Boston. Suffolk Superior Court Judge C. Roy had allowed OBrien but not Diminico to make a final plea to the jury at their trial in May 1970. Roy said Diminico had taken the witness stand and thus had had a full opportunity to tell his story, while OBrien had not. James from labor, government and industry are exATL pected to attend the week-lon- g meeting. Focussing on the original objectives of the founders of the Association, to defend and protect the legal rights of the consumer, the emphasis of the 25th Convention will be on such current concerns as environmental pollution, medical negligence, products liability, courtroom misconduct, workmens compensation, aviation disasters, consumer protection and automobile insurance. Keynote speaker at the Annual Banquet on August 6 will be Sargent Shriver, former director of the Peace Corps, and the Office of Economic Opportunity, and former ambassador to France. First major event of the seven-da-y session, which will include over fifty separate programs and events and 250 speakers and panel participants, will be the Annual Business Meeting on August 1. The annual election of officers will take place at the second business session on August 4. Cleveland attorney Richard M. Markus, outgoing president of the Association, will preside at both sessions. The annual Awards of Merit luncheon will be held August 3, honoring selected individuals and representatives of the nations news media and distinguished public services during the past year. The citation will include a special tribute Court Upholds Atheist Couple to the Oregon judiciary. During the convention, seminars, panel discussions and presentations will be conducted on such subjects as the rights, privileges and obligations of courtroom parThe TRENTON, N.Y. (UPI) ticipants; bad faith and negligence New Jersey Supreme Court has of an insurer in failing to settle; ruled that it is a violation of the U.S. medical negligence, including Constitution to deny persons the obligation to skillfully treat, right to adopt children because the vicarious responsibility, hospital adoptive parents are atheists. room care and emergency In doing so, the court reversed a and aviation admiralty negligence; decision handed down by a lower law. one and gave Mr. and Mrs. John The Workmens Compensation Burke, now of Carterville, 111., Law Section, the original section of permanent possession of ATL, which started out as a workEleanor Katherine. men's compensation group of 11 The high court ruled that the First a quarter-centur-y ago, will Amendment to the Constitution "not lawyers hold a program on August 4 with only requires the state to be neutral commemorative talks by the between various religions, but founders of ATL Samuel B. between religion and as Horovitz of Boston and Benjamin well. Marcus of Muskegon (Mich.). The court said, "We do not believe Marcus was the first president of that any reasonable man no matter ATL. Prof. Arthur Larson of Duke how devout in his own beliefs, would school of law, and former contend that morality lies in the University y of Labor, will exclusive province of one or all review "A Half of WorkCentury religions or of religiosity in men's Compensation Law during general. the Section program. The present case is proof of this Prof. Hans Zeisel, professor of said the court in its 0 law and point, sociology. University decision. No one, including the trial of Law School, Judge Chicago judge, has ever questioned the Berkeley Lent of the Circuit Court of moral character of the Burkes. Oregon and ATL past president In the lower court ruling last Orville Richardson of St. Louis will November, Essex County Court participate in a discussion of "The Judge William J. Camarata had American Jury Its Past, Present refused the Burkes permission to and Future on The Judicial Adadopt Eleanor and ordered the baby ministration Sections program on returned to an adoption society. August 6. . Adoption Right - non-religi- on Under-Secretar- 7-- National Motto 10:00 AM U. of U. Marriott There are ample safeguards to protect policyholders against overreaching, such as the standard policy provisions mandated by statute, statutory requirements for filing and approval by the state insurance commissioner with authority to disapprove any policy or provision considered unjust, unfair or inequitable, and, of course, liberal construction by the courts in favor of the policyholder. so-call- lan at the beginning of a trial for the possibility that a request for probation may become necessary, Monday, July 12th one-side- d. . curred. In an address to the convention Calendar |