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Show Faria lb l?r1 :r D:.ar tr.vn SALT LAKE CITY, UTAH VOLUME 17, NUMBER 9 FRIDAY, JANUARY 12, 1973 Utah Foundation Reports: Utah Supreme Court Decisions Lien Law Invalidation Capmlt - Among Pending Welfare Changes MOTION AND APPEAL UNTIMELY Utahs lien law, a landmark in public welfare administration in the state, will become inoperative In 1974 under terms of Federal legislation passed In the closing days of the congressional session last fall,, it is noted in a Research Report FRANK C. & GENIEL WATSON, Plaintiffs v. G. STANLEY & OWEN B. ANDERSON, Defendants and Appellants Supreme Court: Rules of Civil Procedure require an appeal to be taken within one month from the entry of judgment. Plaintiff counsel: Tex Olsen, Richfield, Utah Defendant counsel: Glen J. Ellis, Provo Utah See detials page ALIMONY REDUCED IN DIVORCE ACTION MILDRED D. DUBOIS, Plaintiff v. F. RAY DUBOIS, JR., Defendant & Appellant of marital estate, $375 per Trial Court: Plaintiff awarded 60 in month alimony and $10,000 attorneys fees. . . . Affirmed Court: alimony to $1.00 per year. modifying Supreme Plaintiff counsel: Harley M Gustin, 1610 Walker Bank Bldg. Defendant counsel: Clifford L. Ashton, 141 E. 1 South See detalls page 3. At Rodeway Inn Utah State Bar Holds The 1973 mid-yemeeting of the Utah State Bar is being held today at the Rodeway Inn, 150 East 6th South Street, Salt Lake City, according to Dean W. Sheffield, Executive Secretary. Substantial discussion will be held relating to Legislative proposals being considered by the Utah Legislature. Two items of interest will be bills on No Fault Insurance and the Unified Court System. Mr. J. ar Meet Today Mid-Ye- ar Thomas Greene and Mr. E. Keith Stott will explain the proposals on the Court System. Guest speaker for the luncheon will be The Honorable Joseph Allot. Mayor of San Francisco. Other topics will be presented under the direction of Utah Bar President J. Robert Bullock and President-eleLavar E.. Stark. See page 4 for the schedule of todays events. ct released this week by Utah Foundation, the private, nonprofit public service agency. Nullification of the lien law will be effected by the provisions of Public Law (known during congressional debates as H.R. 1), which has been given more attention for its Social Security changes than for the changes it will bring about in public welfare administration. Does Not Repeal The Federal statute does not specifically repeal state lien laws, but establishes eligibility for receipt of Old Age Assistance without regard to property items. Under provisions of the act, the Federal Government will take over administration of Old Age Assistance, Aid to the Blind, and Aid to the Peramently and Totally Disabled on January 1, 1974.' ' Welfare programs . dealing with children's needs will be left in the hands of the states, with continued Federal financial assistance. Utahs lien law was enacted in 1947 and later ratified by popular vote. It gives the state a lien against real property owned by adult recipients of public welfare, to be collected after the death of the owners who retain full use of their property during their lifetimes. En actment of the lien law in Utah is widely credited with helping to reduce the growing public welfare burden in the late 1940s and 1950's and thereby making money avail-abl- e to meet the spiralling costs of public education in the state. 92-6- 03 . Trial Lawyers Bitterly Assail Nixon and Burger Supreme Court By Bill Siemer SAN FRANCISCO-T- he San Francisco of forenic Nixon administration nography. por- Soledad Brothers case. We have a joint battle, Burgess told members of the press lata during a press conference. "When you are in trouble we are all in trouble.- When we are in trouble, you are in trouble. Salinas A panel of trial lawyers met after and the U.S. Supreme Court came under heavy lunch. The panel included: Howard fire during a California Trial Moore of Birgmingham, Alabamar-Angel-a Davis case; Richard Hodge, Lawyers criminal Law Seminar here Saturday. San Francisco Los Siete- case; Luncheon speaker John A. Patrick. Hallinan, San Frandsco-Soleda- d Seven case; Paul FitzHe said he would like to see-th- e Burgess, chairman of the Criminal Manwm American Trial awyers Association Law Section of the American Trial gerald; Los Angeles Lawyers Association, compared the case; and Floyd- Silliman of follow the footsteps of New York decisions with the Supreme Court under Chief Justice Warren Burger and retired Justice Earl Warren. SUPBEME C0UBT OF THE UNITED STATES "Justice Warren and those who sat with him have illuminated a light." The present court with its Syllabus Nixon appointees is attempting to ' blow that light out, Burgess told the UNION OIL CO. OF CALIFORNIA v. THE TUGapproximately 60 CTLA members - - BOAT SAN JACINTO ET present. Burgess called for the trial lawyers to fight against the weakening of both individual rights and the rights of the accused. The Warren court could never have written some of the decisions written by the present court, he said. However, he noted, that "while they have surrendered some of the protections of the accused, they have at least provided him with a lawyer to tell him what his protections used to be. Other speakers included Barry Tarlow of Hollywood on' the admission of lie detector evidence into court; Deborah Hinkle of San Francisco on the death penalty; Louis S. Katz of San Diego on the grand jury; and Carole A. Hughes of AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 71-9- 00. Decided December 5, 1972 Argued October 17, 1972 Implicit in that portion of Rule 16 of the Inland Rules of Navigation that directs a moderate speed for vessels proceeding in foggy rule, is the assumpweather, and in the concomitant tion that vessels can reasonably be expected to be traveling on intersecting courses. On the facts of this case, it was totally unrealistic to anticipate the possibility that the vessels were on intersecting courses and the rule was not applicable. Pp. 7. 451 F. 2d 1369, reversed. lialf-distan- ce 4-- Rehnquist, J., delivered the opinion of the Court, in which Burger, C. J., and White, Marshall, Blackmun, and Powell, JJ., joined. Stewart, J., filed a dissenting opinion, in which Douglas and Brennan, JJ., joined. Nullifies Operation While the Federal legislation only nullifies operation of the Utah lien law and those of other states where they exist and does not a repeal them, proposal for outright repeal is expected to be placed before the 1973 Legislature, the Foundation noted. Considerable opposition is expected to develop against the proposal for repeal. Genuine Need One of the stated objectives of the lien law was to make genuine need a criterion of dispensing Old Age Assistance and provide adequate aid for those actually needing it The Foundation report notes that the law appears to have achieved a large degree of success, Video Tape Allowed in Disposition For the first time in history, a Superior Court judge has allowed a the jury to view via video-tap- e to unable of witness a deposition trial. in person during appear Superior Court Judge Raymond R. Roberts last week allowed defense counsel in a personal injury case, Saenz v. Super fair Markets, H.C. Enterprises, to introduce a taping of their only witness, since he was unable to stay in Los Angeles for an extended period of time. The witness, Terry C. Cha telle of Connecticut had flown to Ios Angeles on December 26 to testify in suit. However, due to illness of the plaintiff, the holiday season days off and the memorial day in honor of forma President Harry Truman, Chatelle would have been unable to appear in court until Jan. 3. He told the court that his business was suffering in his absence and the court then ordered a video deposition to be taken. Judicial Elections By Charlotte Moulton WASHINGTON (UPI)-T- he Supreme Court decided 6 to 3 e Monday than the one-manot need to the principle apply election of state and local judges. The action came in a brief orda affirming a Iowa federal courts ruling in a Louisiana case which had challenged the states district system of electing seven state supreme court justices. n, justices Byron R. White, William Douglas and Thurgood Marshall filed a written dissent to Jthe court's action. There was no majority comment. The court, again without comment, also empowoed state pellate courts to throw out jury findings of fact in civil cases and reverse the decisions. In a brief orda, the justices upheld a finding court in by a special three-judg- e Louisiana that the practice was constitutionaDy permissible. In the last 10 years, the Supreme Court has consistently applied the one-vo- te 92-6- 03 , one-vot- O. one-ma- i, as Utah numberical Old Age load is relatively light, but payments to individual recipients are near national and regional averages. Noting that the state will lose some revenue when the lien law becomes inoperative, and would lose more if the law were outright repealed, Utah Foundation states: "It Is not the dollars which are of first importance, however, but the possible future effects of repeal. Many observers feel that if the lien law is repealed, it might not be possible to reenact it And while there would be no need for the law while P.L is in effect in its is no certainty there form, present that it will not some day be substantially altered or repealed . . . responsibility for Old Age Assistance may return to the states, and file lien law could again serve a most useful purpose to maintain a program based on genuine need. Utah Relieved When the Federal Government (through the Social Security Administration) takes ova complete financing of adult welfare programs (except General Assistance which has always been and will remain exclusively a responsibility of the states), Utah and other states will be relieved cf a substantial direct financial burden, the Foundation report notes. However, in Utahs case there will be some offset. Federal definition of "disabled" is somewhat tighter than Utah's, and the changeover may result in a heavier load being placed on the states General Assistance budget. Separate Programs A number of other changes are being contemplated in Utahs internal public welfare administration. "Mcney programs, including not only direct cash payments but such things as vendor payments and food stamps, will be formally separated from programs concerned with the furnishing of social services, under terms of proposed legislation. The programs have already been separated in actual operation and the proposed legislation would apply the stamp of formal recognition. While some welfare officials feel the saparation of the programs will result in increased efficiency and others question this, most appear to agree that the saparation would be a good thing for other reasons," the Foundation says. "Un-d- a Federal laws and court decisions, income maintenance programs have come to be regarded as basic legal rights, while it is desired to provide the services programs only on request" doctrine to Sirhan Ordered To Pay Damages . Sirhan B. Sirhaq has been ordered to pay $17,500 to one of file five persons shot on June 5,' 1968, the day Sen. Robert F. Kennedy was killed. non-jur- y In a half-datrial, C. Court Robat Nye Superior Judge awarded to Irwin Stroll, 21, a total of $15,000 in general diunages and $3,500 punitive damages. Stroll, formaly a member of Volunteers fa Kennedy, had asked $50,000 from the melee at the Ambassador Hotel y, almost every level of elective office. But a three-judg- e federal panel declared in Baton Rouge on Aug. 16 that the accept does not apply to judges. |