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Show r P t" Serials JSrde?Srtaent UTA9 jSffiSSSStt CF University City 84112 s&tfiSAMES 0CT1 11973 ORDER VOLUME 17, NUMBER 188 VffU SALT LAKE CITY, UTAH Perrymasonitis Business Left Out in Cold by State Tax Cuts And Rib Ills Add Up NEW YORK ( ACCN) Business has been more or less passed by as To reducing state taxes about $500 million. Hie reduction, first in recent history , is the net result of a variety of tax changes in 27 states by Legal Distemper Cornwell Jackson is a man of his word. Jackson is executive producer of the New Perry Mason Show. He told us last summer he was not going to change the basic Perry Mason formula. And he hasnt. Hie new show is every bit as inaccurate as the original series in its portrayal of the judicial process. Jackson calls it literary license." We call it fraud on the public. Laymen are led to believe that courtroom interplay between - state legislatures this year reversed the usual trend by By ' 4. i i that counsel resembles a donnybrook. And that the judge resembles the defense resembles the counsels Charlie McCarthy. But none of this resembles the truth. ' Hie lay public is instilled with a gross misconception of what goes on in the courtroom ... it is afflicted with Perrymasonitis. Hi is view is sustained by Richard Schauer, one of the most respected Superior. Court judges in Los Angeles County (where the mythipal Mason is supposed to practice). Judge Schauer was last years chairman of the National Conference of State Trial Judges' Ethics Committee. At our request, he viewed the first episode of the new Mason series. His reaction was: "It was terrible." Mason was hired to find out who was' blackmailing his client. According to Judge Schauer: Its silly. A lawyer wouldnt do that. They needed a private investigator, not an attorney. And he had other criticisms. Namely ... Hie witnesses volunteered information. Thats typical of these cross-examinati- Supreme Court Decisions shows. They confused probation with parole. A parolee was supposed to be reporting to a probation officer. There was interminable argument by attorneys. They (Mason and District Attorney Hamilton Burger) argued among themselves. Hiey constantly .editorialized after the witnesses answered." At onejuncture, Mason blurted out that Burger had fathered three illegitimate children within the past three months. Mason then ined he wa s simply using this shock technique to make a point. Judge Schauer said such conduct was wholly unprofessional. It bordered on contempt." He said he would not have jailed Mason for contempt, however, because there was no jury . (It was a preliminary hearing. ) But I would have roasted him for it," Judge Schauer commented. g Hi is was conduct that would require by the judge. As it was, the judge in that episode was virtually a according to the Los Angeles jurist. I was appalled by the lack of order, he added. Hie courtroom portrayal on the second Perry Mason episode was considerably tamer ... but there were still some "goofs." a comedy inAnother new show this season is Adams Rib volving a husband whos a deputy district attorney and his wife, Amanda, whos a defense lawyer. As Los Angeles Daily Journal staff writer Andrew Erskine has reported, some bar groups are concerned over a possible breach of legal ethics. Indeed, the unisex duo might be involved in a conflict of interest. Adam acted as a defense counsel t In the first episode, prosecutor for Amanda in a criminal proceeding. Thats a no-n(See ABA Canon ex-p- la fang-bearin- non-entity- ," o. i it f i and ABA Op. 142.) Adam told the judge he had obtained permission of his office to In interpreting the ABA ban on conduct the defense. Its still a no-nconflicts of interest, L.A. Op. 276 says: "No question of consent can be involved as the public is concerned and it cannot consent. The positions of prosecutor and defense attorney aie inherently antagonistic." Hie proceeding against Amanda began with an opening statement the defense. In the second sentence of that opening statement, by Adam offered a tape recording into evidence. Huh? Hie public is now being infected with Perrymasonitis, complicated by a Rib disease. o. Memory Lingers (DPI) Algerians call foreigners an old word for Roman, to the National according to the days back It goes Geographic. roumi, - when Rome ruled North Africa. Tax Review totaled $1 Decreases publication billion and increases $500 million to make the net reduction. In contrast, a $4 billion jncrease was voted in 1969 and a record $5 billion rise in 1971 ( most state legislatures meet in years. ) d Some form of in relief was tax enacted property 21 states, mostly for the elderly. These and other reductions were offset primarily by business tax increases in five states. Delaware, Indiana, Maine and Montana raised September Courts Crises on third-degre- e. 5 its 15, state-finance- Roger M. Grace And according to a new Tax Foundation survey reported in September odd-number- Perspectives,., ' ?. WEDNESDAY, OCTOBER 10, 1973 Empire State New York State stretches (UPI) 500 miles from the tip of Long Island to Niagara Falls and is the only state that touches both the Atlantic Ocean and the Great Lakes. (See details page 3) Speaker Topics Women Sue for At AJA Meeting official 1973 the of International program Conference of the American Judges Association (AJA), to be held in Boston, Oct. 6 has been released by District Judge Michael Donohue of Holyoke, Mass., AJA executive director and conference chairman. SAN Right to Enter Service Schools - A WASHINGTON (UPI) national womens rights group has filed suit in U.S. District Court to force the Navy and Air Force academies to admit women. Hie class action suit claims the academies deprive women of major entrance routes to becoming Air Force and Navy officers. BVirginia Dondy, an attorney for the Center for Womens Policy Studies, said she believed there had never been a suit challenging the allmale entrance requirements of the - . academies. Hie suit claims such policies generate a chilling effect" on women who seek appointment to the academies and deprives them of opportunities critical to advancement within the armed forces. Dondy said the group would have filed a suit seeking admission to West Point, as well, but had not yet found a woman seeking entrance to the academy. Seeking admission to 1974 classes are Coralie &. Cross, Danville, Calif., to the Naval Academy, and Jolene .Ann Schwab, Fremont, Calif., to the Air Force Academy. Reps. Jerome Waldie, Fortney Stark, Don Edwards and Leo Ryan, also were listed as (all plaintiffs because they are sponsors of the two womens Congressional nominations to the academies. Libbers Beware HAYWARD, CALIF. (UPI)-- A three-fourth- threatened. collections by $10 billion to $66 billion in the 12 months ending March 31. Federal revenue sharing also helped.. Tax increases this year were generally tied to tax reform. The most innovative and controversial of the major tax reforms is that in California. The governors bill involves limiting the growth of state spending to a fixed measure of economic growth with constitutional ceilings on state tax revenues, and other limitations on personal income taxes and property taxes. 21-2- special event of the Conference will be the first annual Justice Tom C. Clark Lecture to be delivered, October 22, by Associate Justice C. of Paul Reardon the Massachusetts Supreme Judicial Court, who is also the first president of the National Center for State Federal Judge A Courts. Reardon will be introduced by former Justice Tom C. Clark of the U.S. Supreme Court and will speak on Danger Signals in State Courts. Other Conference speakers include Associate Justice of the Massachusetts Supreme Court, Francis J. Quirico, whose topic is Civil Court Trends"; Associate Justice Edward F. Hennessy, also of the Supreme Judicial Court of Massachusetts, who will speak on "Criminal Court Trends"; U.S. District Court Judge Frank J. Murray, who will speak on Federal Writs of Habeas Corpus"; and Justice Edward Thompson of the Supreme Court of New York whose subject is Backlogs Civil and Criminal." Addresses are also scheduled from Chesterfield Smith, president of the American Bar Association; Edward McConnell, director of the National Center for State Courts; Keith J. Leenhouts, director of Volunteers in Probation (NCCD), and E. Patrick Hartt, Justice of the Supreme Court of Ontario, and chairman of the Law Reform Commission) of Canada. hy a California State University assistant professor of sociology here, I)r. Karl Schonborn, s shows that of all homicides occur among people such as families, friends or neighbors,' and that most of these murders are crimes of passion involving a male whose sense of dominance has been study FRANCISCO-T- he corporate .income tax rates, and Kansas adjusted the tax base to increase revenues. Another corporate increase in Oregon and a new corporate income tax in Washington are contingent upon voter approval. Just one state, Nebraska, lowered the corporate income tax rate for 1973 only. The TF survey showed taxpayers in 14 states will pay less and in nine states more than under previous laws. The greatly improved financial condition of state governments helped make possible this years state tax reductions. Previous tax hikes and the economic boom increased state tax Municipal Judge Joseph W. Zingales of Bedford, Ohio, national president of the American Judges Association, will be the presiding officer at the Conference. All judges of the United States appellate, general trial and limited and special courts are invited to attend the Conference whether AJA members or not. Says Legal Aide Did Sloppy Work NEW YORK (UPI)-T- he legal aid society, which represents in- digent defendants, has been severely criticized by a federal judge for failing to defend a suspect in a robbery case. Judge Charles Tenney, in reversing the conviction of Louis Testamark, said the denial of the defendant's constitutional rights to effective counsel" made his trial a farce and mockery of. justice." Even the two Manhattan State Supreme Court justices who conducted the trial and pre-trihearings came in for their share of criticism. Hie actions of the trial court were "tantamount to a denial of the right to counsel itself, Tenney said. Tenney declined to identify the judges but court papers showed they were Justices Jacob B. Grumet and Gerald P. Culkin. Legal aid, Tenney said, did little in the way of preparation for Teslamarks trial in January 1971 for a liquor store holdup in Manhattan in December 1969. The defendant was visited only once by a legal aid attorney before trial, the al judge said. Testamark met his defense attorney for the first time on the day of the trial, Tenney said. Such a paucity of preparation flies in the face of established constitutional prerequisites." he said. Both justices, he said, made only "the most perfunctory" inquiries into the adequacy of Testamarks defense, although Tenney said, it is their duty to make sure a defendant is well represented. |
