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Show UX fariaiij Urdir Uni vomit y JRl of Utah Salt Inks City, Utah 6 (.112 t t VOLUME 16, NUMBER 39 Court Rules Out Death Penalty In California ATTORNEY GENERAL Utah Supreme Court Decisions - OPINIONS Capsule Question of Subrogation Rights Dept, of Finance Has Authority to Compromise Subrogation Rights. ASKS MEDICAL PAYMENT RECOVERY STATE FARM MUTUAL INSURANCE, Plaintiff By Richard M. Harnett SAN FRANCISCO (UPI) has struck See details page 6. V. FARMERS INSURANCE EXCHANGE, Defendant Appellant Coast Bar Group To Tax Self For ABA Wine Tour Minnesota Income Taxes High - MinMINNEAPOLIS (ACCN) nesotas state income taxes on both individuals and corporations now are the highest in the nation, according to a report of the Minnesota Taxpayers Association. As a result of rate increases enacted in 1971, a Minnesota family of four at the $10,000 gross income level, using the standard deduction, this year will pay a state individual income tax of $519.50, Charles P. Stone, executive director, said. The closest contender among individual income tax states is Wisconsin at $385. At the $15,000 level of income, the same size family will pay a Minnesota income tax of $868.63. The only close contenders here are Montana at $865 and Wisconsin at $818, he asserted. Stone further claimed that the rate hike and elimination of federal income tax deductibility enacted in 1971 shot the Minnesota corporate income tax up to an effective marginal rate of 6.24 per cent highest in the nation and among the 43 states which impose such a tax. Court Denies Bar Admission To . . Non-Citize- HARTFORD n - The Con(UPI) necticut Supreme Court has ruled that a Dutch national who declined American citizenship cannot be admitted to the state bar to practice law. The court upheld February 14, a lower court decision that Fre Le Poole Griffiths of New Haven could not be admitted to the bar because she lacked American citizenship. Her application had been denied by the New Haven Bar Association on those grounds. The high court held that a lawyer must not only take the traditional bath required of attorneys, but also the oath specified in the Connecticut constitution. In our opinion, there is clearly a The only other state which comes dose to Minnesota is Pennsylvania, with an effective marginal rate of 5.57 percent. New Jersey Bar, Blue Cross, Study Legal Insurance - NEWARK (ACCN) Officials of both the New Jersey State Bar 6-- on a suit by the NAACP Legal Defense Fund and the American Civil Liberties Union, and argued last January 6 by Prof. Anthony From the San Jose (Reprinted by Permission) Post-Reco- In State Supreme Court down the death penalty in California, which has the nations largest death row. The 1 ruling came, February 8, & Trial Court: Judgment tor plaintiff. Supreme Court: Affirmed. Plaintiff counsel: L. L. Summerhays, 604 Boston Bldg. Defendant counsel: Don J. Hanson, 520 Continental Bank Bldg. rd -- SAN JOSE, CALIF. (ACCN) With several hundred convention delegates to the American Bar Associations annual convention in San Francisco this summer coming on a winery tour in Santa Clara County, local lawyers here will be asked to donate funds tohelp make convention expenses. The Santa Clara County Bar Association board of trustees has pledged to advance $1,000 which the groups treasury expects to recoup by donations. County Bar president Robert Aguilar said every law firm in the county with five members or more would be personally contacted and asked to make a contribution. All Bay Area bar associations are being asked to help make up the expected $35,000 loss of convention expenses over anticipated revenue for the 7,000 people attending the ABA meet. Association and the New Jersey Blue Cross, after spending several days at a conference held in New Orleans as part of the ABA midyear meeting this month, reported they were interested in setting up a statewide prepaid legal service insurance plan for New Jersey to be operated by the Blue Cross with the endorseThe Alameda County Bar ment and possible regulative parhas pledged $3,000; Association ticipation to some extent of the State Sacrament Bar, $750; San Mateo Bar. In effect the plan would operate Bar Association, $500-75in the same manner as the Blue County and other bar associations are being Cross, with subscribers paying contacted. premiums to Blue Cross in return for San Jose lawyers Harvey Miller insurance entitling them to go to any and Albert J. Ruffo originally asked participating lawyer for leagl the Santa Clara County Bar board of services on a fixed fee schedule trustees for the $1,000 donation from arrangement. The schedule may or the treasury. may not provide for payments by the treasurer Donald However, insured over the amount of the innoted the groups treasury Daiker surance fee allowed and may or may could not bear that unbudgeted not provide for a deductible amount before the insurance comes into expense. When the ABA last met in San play, just as with the deductible in 1962, area bar asFrancisco hospitalization policy. It would in all sociations pitched in and helped with probability be similar to the Blue expenses. Shield arrangement. That year the Santa Clara County Bar Association planned a winery tour in this county as part of the 0, 365 Hearing Examiner Jobs convention entertainment. They expected a small attendance and were happily surprised when eight Greyhound busses had to be chartered to carry the mob south. They wined and dined at Almaden WASHINGTON (ACCN) The Vineyards and toured the Paul Social Security Administration and Masson Winery too. the Civil Service Commission are One person who attended that trip recruiting qualified lawyers as commented that the only event in hearing examiners. ABA history greater than that came The SSA has announced 365 new last year when Queen Elizabeth openings for hearing examiners in hosted a party for the ABA con- Open With U.S. - all sections of the country. The new ventioneers in London. rational connection between a posts, to be filled during the next 18 of loyalty and months, will more than double the requirement allegiance to the state, with the. number of examiners now working concomitant adherence to its in the SSAs Bureau of Hearings and political and judicial system, and Appeals. the exercise of those powers, the The positions are classified at GS-1- 5 court said. and GS-1The salary for GS-1- 5 We deem it entirely reasonable begins at $24,251 per year. that the Superior Court as a conTo qualify, lawyers must have stitutional court requires that been in practice at least seven WASHINGTON (ACCN) Atty. persons to be admitted to assist the years. Two years of this experience Gen. John N. Mitchell has ancourt in the administration of justice must have been in the field of adof Paul L. nounced the and the laws of the state, be citizens ministrative law at the federal, state Woodard as appointment associate deputy atand not owe their primary or local level, or in actual trial torney general for legislation. allegiance to a foreign power,? the practice in courts of unlimited Woodard, 37. has been general court said. jurisdiction. counsel for the Justice DeparThe court said that Mrs. Griffiths Interested lawyers may obtain full tments Law Enforcement has not and does not intend to file for details from Charles J. Dullea, Assistance Administration since American citizenship even though Director, Office of Hearing 1969. He replaces Wallace H. she is entitled to by virtue of her Examiners, United States Civil July Johnson, who in January was apService Commission, Washington, pointed as a special assistant to marriage to a citizen. D.C. 20425. President Nixon. . Legislative Aide Named By 6. Justice Dept. - The Amsterdam, the Stanford Un- iversity law professor who delivered similar arguments against capital punishment before the U.S. Supreme Court eleven days later. The nations highest tribunal is New County Bill Could Split Up Los Angeles - SACRAMENTO (ACCN) While no (me is predicting that a civil war is in the offing, a move for secession is now underway in California a move that may find several cities in southern California seceding from Los Angeles County. The drive received legislative impetus recently, when a southern solon California introduced legislation which would enable voters in the state to more easily petition for the formation of a new county. The bill, SB 262, by Sen. H. L. would Richardson, 10 of in a voters the permit percent to new county proposed sign a petition for new county formation and insure that the matter would, appear on the next election ballot. the Under existing law, forrequirements for new county mation are much more rigid. Current law requires that 65 percent of the voters in the proposed new county area sign the petition and further requires that 50 percent of the voters in the affected old county also endorse the petition and for county supervisors to approve the measure. At that point current law would permit the matter to go to the voters, however the measure must receive a majority vote from voters in the old county, as well as a 65 percent vote from those in the territory of the proposed new county. Because of the rigid requirements for new county formation, there has never been a new county formed in California. Richardsons bill also lessens the voter requirement for passage once a petition is approved and a measure is placed on the ballot. Under his plan a simple majority of the voters in the entire old county would be sufficient to pass the measure. The bill further removes such county formations from review by the Local Agency Formation Commission. The legislation does contain one it would apply significant check with a counties to those only or more. million 1.5 of population Under terms of the legislation after formation of a new county, that county as well as the old county from which it was formed would both be required to have a population of at least 750,000. Because of the population requirements, the bill as presently drafted would only apply to Los Angeles County , expected to deliver its own ruling within two months which 690 condemned men and women all over the United States await, more than of them in California. There has not been an execution in the United States for more than four years. At San Quentin Prison across San Francisco Bay, Associate Warden Joseph OBrien reported hope and expectation swept the huge Death Row which houses 101 condemned men, including some of the nation's most famous murderers. The Death Row prisoners, of course, have heard radio and television reports and are happy to hear the good news," OBrien said. They are anxious to hear the actual Supreme Court ruling. The air is anxious on death row, but it is a good anxiety. The ruling came in the case of Robert P. Anderson, sentenced to death for a 1965 killing. In his arguments, Amsterdam, a one-seven- th soft-spok- en former prosecutor, said: "For man deliberately and which he needlessly to take life does not understand and to inflict death which leads he knows not where is an act that eclipses every other cruelty humanity can mete out or bear." Justice Marshall F. McComb, the lone dissenter, said he believed The death penalty is a deterrent to Swift justice for murcrime. derers, including a speedy and public trial followed by quick appellate review and execution, will help curb the climbing crime rate. Ten state legislatures have struck down capital punishment. In one of them, West Virginia, ' the upper house of the legislature voted this month to reinstate it. On the last 79 years, California has executed 502 persons, 308 by hanging and 195 by gas in San Quentins gas chamber. Four were women. Sharp Decline In Birth Rate Seen For U.S. - WASHINGTON (UPI) Most young married women plan to limit their families to fewer than three children and the Census Bureau says this new development should sharply slow U.S. population growth. The agency said in a report that wives aged 18 to 39 now expect to have an average 2.8 children. This compares to 3.1 in a similar survey five years ago. And married women in the 18 to 24 bracket, a key childbearing age group, expect to have only 2.4 children. Government demographers said that for technical reasons this will probably be closer to 2.2 children, a figure close to the 2.11 birth rate that would produce zero population 70 years. about within growth" The Census Bureau pointed out this figure does not include the effects of immigration, which now is running about 400,000 annually. With a birth rate of 2.45, the U.S. population would grow from its present 208.8 million to 288 million by the year 2000. A few years ago, the Census Bureau predicted the population would grow to 300 milium by 2000. 1 I |