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13 Docket Call 1 (1978)

handle is hein.journals/dcktcll13 and id is 1 raw text is: editor's guest Seth Rosner* *Second Vice-Chairman of the Section. He is also serving as Chairman of the 1978 Annual Meeting Arrangements Committee. The officers and Council members of our Section have as their highest priority the serving of the inter- ests of the practicing lawyer and of American so- ciety. Thus, they have tried to keep abreast of the in- creasing number of major issues which the organized Bar has addressed in recent years, and to advocate positions which they believe to be consistent with continued on page 4 SECTION OF GENERAL PRACTICE * AMERICAN BAR ASSOCIATION * VOL. XIII * NO. 1* SPRING 1978 fundamental freedoms only come in a package deal* H. Russell Troutmant It's a free country. That's an expression most of us grew up with. But, as our nation evolves, the con- cept of a free country changes. In 1900, freedom included the advantage of a pay- check without deductions and the operation of a business without regulation. It included the disad- vantage of depending on family and friends during unemployment and old age. Rough justice was more common, medical care more sparse. How much freedom makes a free country? How much regulation takes it away? The forfeiture of any fundamentals is tantamount to a capitulation of a free society. Economics is not the test. Efficiency is not the goal. Time is not a variable. Freedom of press, speech, religion and jury trial are constants that preempt efforts for efficiency and the desire for economy. When our society becomes too crowded, our taxes or insurance premiums too high, and our spirits so benign as to allow these free- doms to perish, then indeed, as Jefferson said, Let *The Bill of Rights was not ratified because it is cost- efficient. If any of its guarantees of freedom are sacrificed to economic considerations, forces will be unleashed that will undo our liberties. tH. Russell Troutman is president of The Florida Bar. Copyright @ 1978 American Bar Association us withdraw and call the nation to its tents and start all over again. When one right or freedom falls, the others are not far behind. When wealth prevails over principle, poverty prevails over all. In recent years, rights have been broadened in some areas. Congress enacted the Speedy Trial Act to define a constitutional right, entitling an accused to trial within 100 days of arrest. This places a new burden and expense on the state, but our representa- tives have placed increased budgetary requirements in the category of irrelevance when constitutional rights are involved. The Supreme Court has interpreted the Constitution to require the right to counsel of those criminally charged. The court left the economic and efficiency implications of its decision to the states, but it was clear that, if 4 state expected a conviction to stand, that right had to be offered. Thus came into existence the billion-dollar public-defender program, which continued on next page Produced by the ABA Press contents PROPOSED AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT ........... 5 ANNUAL MEETING PROGRAM PREVIEW........ 9 WHAT'S UP - WHAT'S IN .... 16 INTERNATIONAL LEGAL EXCHANGE..............17 N.../ II I I W mmEI -memImmm O

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