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Show I llbudi feriuli, Ord;r University of Utah Fait LQkeCity, Utnh 0112 VOLUME 16, NUMBER 155 Utah Supreme Court DecuunuL ROBBERY VERDICT Vernon B. Romney, David Young, Wm. Evans Salt Lake Legal Defenders, 231 E. 4 S. See details page S . ABA Incoming Head Favors Scold Ducking Law Stricken In New that 717,200 Body Jersey NEW ORLEANS (UPI)-T- he president-eleof the American Bar Association said here, August 2, that N.J. (UPI)- -A Court has struck Judge Superiour down an archaic law which made it a FREEHOLD, ct most states have botched the responsibility for administering crime, punishable by a public ducking, for a woman to be a justice. In a speech prepared for delivery common scold. to the National Legislative ConMcGann Patrick J. Jr., Judge unwas law the ference, Chesterfield H. Smith of said, July 29, constitutional in its vagueness. His Lakeland, Fla., called for establishaction affectively prevented further ment of a national organization to prosecution by the state of Mid- reform the American Judicial dletown township woman charged system. Chief Justice Warren Burger of with being a scold on July 20, 1970. McGann said the law, under which the U.S. Supreme Court advanced there have been no convictions sincp ,the idea of a national institute of 1890, could conceivably be applied to justice earlier this year. "As advanced, the National Inneighborhood gossips or to females stitute of Justice would take the espousing womens liberation. Atrocious assault and battery and form of a federally chartered, threatening to kill charges, in adcorporation designed to dition to the scold charge, were provide a framework within which brought against Mrs. Marion efforts to create a better system of Dunlevy because of a neighborhood justice might be stimulated, nurdispute two years ago. She was tured, developed and coordinated,' aquitted of all but the scold charge Smith said. . He also said the proposed institute by a trial in April McGann said the discrimination would be a permanent agency between the sexes also made the law uniquely qualified to develop a broad overview of the entire field of patently discriminatory. activities and legal and not-for-pro-fit . law-relat- Over Forum HARRISBURG, PA. (UPI)-- A law suit seeking to block substantial pay increases for Pennsylvanias legislators. Judges and top government officials may be without a legal forum. The judges who would normally rule on the case may have to disqualify themselves because the case could present a conflict of interest for them. The suit was filed in Commonwealth Court to halt a special government commission award which would provide 62 per cent increases to legislators and 40 per cent increases to the judges and officials. All seven Commonwealth Court judges plan to decide whether to disqualify themselves if such a conflict were found. is not uncommon for a single judge to disqualify himself, Judge James C. Crumlish Jr. said, "but if the whole court is disqualified, where does the case go? Walter Foulke, executive deputy 'it attorney general, said the federal courts probably would not intervene since no federally protected right is apparently involved. Commonwealth Courts President Judge, James S. Bowman, who will finally decide if the court will hear the case, would receive an increase from $35,000 to $49,000 under the recommendaf ed thereby examine and establish priorities in our system of justice at all levels." Smith said there had been "a massive neglect of the priority of justice at both the state and national Suit Falters level. White Refuses ! Removal From Death Row WASHINGTON Coillt Ref OTITIS Still Have Persons I Injury Delays ANGELES (ACCN) -Teacher strikes plunged from an all-tirecord of 181 in 1969-7- 0 to 89 this last school year (1971-72- ), a 50 per cent drop, the National Education Association (NEA) has estimated. California, which has had low than a dozen teacher strikes in its history, recorded only one for this past school year. It was the monthlong strike of the Jefferson Elementary School District in Daly City. NEA reported that about 69,140 man-day- s were involved in strikes this past year. More than 10 times UTAH v. ALLGOOD Defendant counsel: Teacher Strikes Show 50 Drop Over Last 2 Years LOS SUSTAINED Plaintiff counsel: MONDAY, AUGUST 14, 1972 SALT LAKE CITY, UTAH (UP I) Justice Byron R. White has refused to block the removal of two Pennsylvania prisoners from death row while the Supreme Court studies petitions to reconsider its verdict outlawing capital punishment. District Attorney Arlen Specter of Philadelphia filed the request, when he and attorneys for Georgia and Texas formally asked for a rehearing on the death sentence decision. The two Pennsylvania cases involved Anthony Scoleri, sentenced to death for the slaying of a shopkeeper during a robbery, and Frank Phelan, hired by a restaurant owner to kill his wife and business partner. The court is adjourned until Oc- -' tober and Specter asked White to prevent their removal from condemned row until the rehearing appeal by the city and two states can be disposed of. White's order had no effect on the petitions seeking a rehearing. many were lost man-day- in administration, about s Advances NEW YORK (ACCN) 1970-7- 1. NEA affiliates called most of the strikes this past year-7- 6. The 13 were called local remaining by units of the American Federation of Teachers. NEA has a membership of more than 1.1 million and AFT claims 272,000. The State of Washington this year recorded the first teacher strike in its history. Pennsylvania reported 31 strikes this past year, down 38 from a year earlier. In Michigan, strike figures dropped from 43 two years ago to 28 in 1970-7- 1 and to 9 last year. Ohio had 27 strikes in 1969-7- 0 but only 6 and 7 respectively the next in court the of court structures and streamlining the growing adoption of "no fault laws have had little recognizable impact as yet on the speed with which personal injury jury cases come to trial, according to a study just published by The Institute of Judicial Administration. In 1972 it tod: an average of almost 21.7 months for a personal injury case to reach jury trial after the service of an answer the date when the party being sued answers the complaint. The average is based on information furnished by 89 of 92 districts responding to the Institutes annual calendar status study. In 1971 the average delay as reported by 92 jurisdictions was the same 21.7 months. The study for the one-yeperiod ending April 30, 1972, found a lapse of years or more between the service of the answer (or an equivalent date) and trial in 23 out of the 89 jurisdictions reporting this figure. Six courts reported an average delay of years or more between and trial. A total of 22 ready date of courts, a little less than the courts included in the study, ; number of smaller cases brought if a low threshold figure is provided." No fault" insurance was passed in Connecticut and New Jersey this year, to take effect in 1973. The current study confirmed a relationship between population and calendar with congestion, in counties with jurisdictions over 750,000 populations averaging 28.4 months from answer to trial, compared to 14.9 months in jurisdictions with populations under ' ; ' 500,000. The jurisdiction reporting the longest delay was the Circuit Court, Cook County, County Department (Chicago) 111., . with an average delay of 58.0 months in 1972. (Delay in this court is figured from filing of the case to termination.) The delay in Cook County increased fiJMRV?51TY QP r average of 64.9 months in 1961 iS B9.5 months in 1966, before declining by -- ; ' 11.5 months between 1966 and 1972. - e In contrast the Supreme Court, New AU G 1 v York County (New York) N.Y., with the second longest delay, exiyAlS ORDE perienced a steady increase from 23.0 months in 1961 to 30.2 months in 1966 and 50.2 in 1972. (These delay figures are based on time between answer and trial.) two years. Five courts have been added this New York had 15 strikes in 1971-7- 2 (up 6 from the previous year), and reported average delays of 12 year to the list of those experiencing Illinois, 12 (down 3). Strikes in New months or less between answer and delays of 30 months or more. They are Superior Court, City and County Jersey dropped from 12 to 2, and in trial. The study was compiled by Prof. of San Francisco, Calif., 38.6 months Connecticut, from 10 to 3. Fannie J. Klein, associate director this year, no response in 1971; Court of the Institute and associate of Common Pleas, Hamilton County, professor of law at New York Ohio, 32.0 months this year, no response in 1971; Superior Court, University. San Bernardino County, Calif., from "As in the last 15 years, the study is concerned with personal injury 22.0 months in 1971 to 31.7 this year; cases tried to juries, Prof. Klein Circuit Court, Oakland County, said. "The Institutes staff is fully Mich., from 22.0 months in 1971 to aware that this is a narrowly limited 30.9 this year, and Superior and i Essex County, N.J., The facet of the board and complex field County Courts, HARRISBURG, PA. (UPI) to 28.7 30.0. from of The reflects study secretary of Harrisburg Moose notadjudication. Two courts have been deleted status calendar but generally, Lodge 107 has announced that the from last years list: Circuit Court. the aspect which traditionally has organization would change its rules received most attention." Wayne County, Mich., from 34.3 to rather than comply with a Pennand District Court, Clark out 26.3, also that Prof. Klein pointed sylvania Supreme Court ruling the the of County, Nev., from 30.0 to 22.8. period between service required it to admit The Institute of Judicial Adanswer and trial may reflect delay guests. is a national, inThe court ruled, July 31, that the which is not attributable to the ministration research legal Moose Lodge was a place of "public courts, but to counsel, the parties dependent in 1952 founded accommodation and therefore was and many other factors beyond organization control. prohibited under the Pennsylvania judicial Growing concern with meeting the Human Relations Commission Act LEAA Constitutional requirement for a from excluding guests on the basis of speedy trial in criminal cases has race. led many courts to suspend civil The decision upheld a Penntrials or to assign criminal cases to sylvania Human Relations Commission order issued after the lodge judges who customarily try only refused to admit State House civil cases, Prof. Klein said. In addition to a flood of criminal cases, Majority Leader K. Leroy Irvis as a ' ' AdWASHINGTON (ACCN) the courts are also being overguest of fellow legislators for lunch. ministrator Jerris Leonard has Milton Barkheimer, secretary of whelmed by new preliminary that a in new such and cases reported project fended by the procedures by Lodge 107, said he would "have to Law Enforcement of Assistance Adcivil kinds never that actions haye admit Irvis now if he walked in as a had ministration found into before the their developed a new way guest of a member, but he added: These actions would include computerized management in"Our policy on guests will change. courts. cases dealing with social welfare, formation system which helped There will be no guests. He said, however, any action will poverty law, civil rights and the prosecutors in the District of Columbia to obtain a marked inbe delayed until the courts opinion environment. The current study sought data that crease in convictions. is studied. At fee same time, Leonard salt Thomas D. Caldwell, attorney for would illuminate the impact of no to 1,300 district attorneys letters fault on laws personal injury jury the organization, said he doubted the effective Such became laws throughout the nation urging them to State Supreme Court ruling will be trials. on Jan. 1, 1972, in Massachusetts, consider adopting die prototype appealed. called PROMIS Delaware, Florida, Illinois and system Caldwell successfully defended (Prosecutor's Management Inthe Moose Lodge before the U.S. Oregon. formation System). "Communications from courts in Supreme Court in an appeal by Irvis PROMIS has been in operation in .that it lose its liquor license for these states indicate that it is too the U.S. Attorney's Office in the soon to expect meaningful statistical refitting to admit him. Private clubs are excluded from data, the study stated. "The District of Columbia Superior Court the Pennsylvania Human Relations majority of cases tried in 1972 did since January 1971, Mr. Leonard period, the Commission Act, But the com- not cone under the new law. Some of said. Diving a conviction rate in certain types of mission has held that if clubs admit our correspondents expressed the serious misdemeanor cases rose 25 guests they become public expectation that 'no fault' insurance will reduce considerably only the percent. ar 4 one-fourt- h . Pennsylvania Moose Lodge To Bar Guests N - non-whi- te Develops Computer Data System for DA's - six-mon- 1 th ipiq |