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Show I WESTERN foriali, Pr.j.r D.l:.uU, University nf Ut h MAR Fait LQkeClty, Utsh t-1- iESHALS VOLUME 17, NUMBER 40 - Capsule - Judgment Reversed FACTORS OTHER THAN SEX-TEOF DISCRIMINATION IN LOWER RATE OF PAY ST EDNA L. KOPP, Plaintiff and Respondent v. SALT LAKE CITY, Defendant and Appellant By Marlene Adler Presidents and vice presidents of associations throughout California have signed a letter to President Nixon protesting the cutback of community legal services. County Bldg. See details page 4. THURSDAY, MARCH 1, 1973 promptly to maintain existing operations of California legal ser- vices programs pending legislative action to resolve action associated with the establishment of a national legal services corporation to fund and administer such programs in the future. A notable exception to the 24 Bar bar officials and 24 individuals signed the letter at the recently-complete- d eighth annual Conference of Bar Presidents in associations represented in the signing was the Los Angeles County Newport Beach. to were of sent the letter Bar, second largest in the nation, Copies and largest in the State. in the California delegation President Donald K. Hall, reached of to head Roy Ash, Congress, and the federal Office of Management Friday, stated he did not have the and Budget. authority to sign the letter, since he It was presented to the Conference had not discussed its contents with by Bob Fabian, of the Bar members of his Board of Trustees. Hall stated that the present Association of San Francisco, and condition of Los Angeles Legal Aid Lucy McCabe, of the San Frandscc Barristers. It is intended to portray, was not an immediate problem. He said that the organization was its authors say, the ad hoc concern of the signers, rather than the funded until March 31. The Board of resolution of the Conference itself. Trustees of his organization, Hall The letter, mailed last week, reads said, would take up the issue of local as follows: legal services at their March 7 comWhereas budgetary meeting. That letter was signed by the mitments by the federal government presidents, vice presidents, and oi are uncertain with respect to several presidents-elec- t of the following bai legal service programs in Califorassociations: nia; and Sunnyvale-CupertinSan FerWhereas, because of such nando Valley, Humboldt Valley, budgetary uncertainties, many legal Women Lawyers Association of Los services in California are ter- Angeles, Beverly Hills, Kern minating client intake; and County, Colusa Gounty. San Diego County, Napa County, Whereas, the withdrawals of so Law Club, Bar Association Langston many attorneys from so many of San Fresno County, Francisco, pending cases present grave ethical Marin Shasta County and County, and practical problems to our members of the Bar of the State of Alameda County. Santa Clara County, Orange California; County, Harbor, San Francisco Tulare County. Therefore, the undersigned Barristers, members of the Bar of California Sacramento Barristers, Long urge the President of 'the United Beach, and Palo Alto Area. Twenty-fou- r and the California States individuals, to act in representing only themselves, also Congress representatives signed the letter. The current dire, financial situation of San Francisco Neighborhood Services initially spurred the move fpr the letter, Ms. McCabe said late last week. Legal assistance offices there will close on March ' 1, a condition brought to the attention of the Bar Association of San Francisco at a recent board of trustees meeting. At the Newport Beach conference, Loyola Law School Alumni however, the northern bar members Association will honor two out- learned that their concern was standing members of the legal' shared with numerous other associations, she said. Among the profession at its annual banquet. two The recipients of honors are concerned, the San Diego Bar, for Justice Otto M. Kaus of the State example, had just recently offered Court of Appeal and Joseph Ball, funds to its local legal aid to keep it alive temporarily. local attorney. Ms. McCabe said the three-da-y The banquet is to be held in the conference was marked by Biltmore Hotel the evening of March Twenty-seve- n .... & ocnffl Bar Group Protest Curbs on Legal Aid bar Trial Court: Awarded plaintiff judgment of $9,091.50 differential pay between plaintiff and regular policemen doing same work. Supreme Court: Reversed. 1) Purpose of Antidiscrimination Act is to eliminate discrimination in payment of wages based solely on the basis of sex where men and women are doing the same or similar work under all of the same conditions. 2) Conclusion . . . "test as to discrimination in rate of pay cannot properly be based solely upon whether plaintiff was doing the same work, andor with the same degree of competence as other employees, but can also be determined on the basis of classification, seniority and other factors . . ." 3) Shultz v. Brookhaven General Hospital . . . ."That job requirements' should be viewed as a whole, including previous experience and training. . Plaintiff counsel: Robert D. Moore Suite 400 Ten Broadway Bldg. Defendant counsel: Jack L. Crellin O. Wallace Earl City 02 1973 SALT LAKE CITY, UTAH Utah Supreme Court Decisions 101 on AMERKK1; o, SEEN AND HEARD By Chris Gugas CRIME RATE SLOWED... The nations overall serious crime rate increased only 1 percent in the first nine months of 1972, the smallest increase since the FBI began issuing quarterly reports in 1960. The FBI report showed serious crime has risen in the suburbs and rural areas, but declined in 83 major cities. This compared with only 52 cities showing a decrease during the same period in 1971. Cities with 100,000 or more population reported a 3 percent drop in serious crimes, while the District of Columbia showed an impressive decrease of 22 percent. Suburban crime rose above the national average during the same period in 1971. OPERATION IDENT... In St. Louis, Missouri, a program tagged Operation Ident was launched by that citys police department. Cooperating citizens were asked to mark all household valuables and then identify their participation by placing decals in a prominent window to warn potential burglars that items stolen are marked and difficiit to resell. Since inception of the program, St. Louis police have been able to note a definite pattern of avoidance by burglars of those homes cooperating in the program. Los Angeles and other nearby cities have also undertaken the same type of program. The Los Angeles police have developed some excellent folders on home protection, burglaries and crime prevention. These booklets are available without charge and can be obtained by writing the public information department, Los Angeles Police Department, Parker Center,' Los Angeles. PERSONAL SECURITY Many friends have asked this writer about personal security in their homes and what type of burglar alarm system they should paperbuy. I found an back book titled SECURITY & YOU which sells for $1.00 plus 48 cents for postage. The book is loaded with practical advice on what kind of alrams should be installed and how to protect your home, car and business. It even tells you where you .can purchase inexpensive alarms and how to install them yourself. Even if you are not handy with a few basic tools, you can learn what is required for your particular home or business. The book is available at some book stores, or write to Merit Inc. of Protective Service, California located at 5410 Wilshire Blvd., Los Angeles, 90036. up-to-da- te CRIME COSTS YOU MONEY... The University of Colorado Center in Denver held a seminar for business executives which stressed the importance of preventive seucirty for retail firms. Emphasis was given to warning signals employers may use for checking in-- ; ternal dishonesty. They included the following: Loyola Law Alumni to Honor Two DRI Has 3. Justice Kaus was born in Vienna, Merchandise wrappings or labels in rest rooms, lockers, trash, Austria. He attended Bedoles Sc hod, England, and the University etc. Decline in employee purchases. of London. He received his A.B. Unusual rise in consumption of from U.C.L.A. and his law degree from Loyola Law School in 1949. supply items. unor other Violent temper Kaus served in the U.S. Army, pleasant behavior that tends to discourage people from asking discharged as captain in the Corps of Engineers. He practiced law in Los questions. Indications that employees are Angeles, served as Judge, Superior He spending more money than they Court, Los Angeles from 1961-6was a Justice, Court of Appeal from earn. In 1966 he was appointed Secretive conversations among 1964-6secretive and telephone Presiding Justice Division Five, employees conversations. Court of Appeal. Justice Kaus has Habitual wearing of unusually been a member of the faculty of g clothing. Loyola Law School since 1950. 4. 6. loose-fittin- Updated List of Briefs - The MILWAUKEE (AGCN) Defense Research Institute (DRI) has announced the publication of a new monograph, containing the complete list of briefs added to the DRI Brief Bank during 1972. Brief Bank . Index - Supplement 1972, when, combined with the preceding five indexes gives a concise picture of the nearly 3,700 case files included in the DRI holdings. The monograph is available exclusively to DRI members. Direct inquiries to the Defense Research Institute, 1100 .West Wells Street.. Milwaukee. 26-pa- ge I "tremendous concern and lots of among the Bar representatives, endin'g finally with the letter. talk Some Aged Face Benefits Cut In New System WASHINGTON (UPI) - Some aged, blind and disabled persons among the 6.3 million under Old Age Assistance may lose part of their benefits when the federal -- government takes over the program next year, according to a study released, February 6. This will be true in 35 states and the District of Columbia, said the National Senior Citizens Law Center, unless the jurisdictions choose to supplement the minimum federal payments of $130 a month for an individual and $195 for a couple. In 24 of the states, the current minimum payment is higher than , the federal rate to go into effect-nex- t January 1. And, the report said, some recipients stand to lose food stamp bonuses and medicaid benefits, and to have their rents raised. The Federal Government takes over the state-administer- ed welfare programs of Old Age Assistance, now to be called Supplemental Security Income (SSI), under a measure President Nixon signed into law last October 30. The estimated $3.5 billion yearly cost will come from general federal revenues. The Law Center, a government-supporte- d legal service for senior citizens, said in its report: There are 36 states (D.C. is counted as one) in which SSIs replacement of current .. . . benefits, without state supplementation, will mean a reduction in some recipients Income. The Centers report was a distributed at meeting here, council national the of 6, February of senior citizens, which will lobby state legislatures on behalf of supplements to maintain current aid levels. i The where jurisdictions recipients could lose some of their benefits were listed as Alabama, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Massachusetts, Michigan, Mi- nnesota, Montana, Nebraska, New Hampshire, New New York, North Dakota, Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Nevada, Dakota, Texas, Virginia, Washington State, Vermont, Wisconsin and Wyoming. |