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4 Advocate 1 (1961)

handle is hein.barjournals/adisb0004 and id is 1 raw text is: Vol. 4, No. 1 Boise, Idaho January, 1960 H~I Vex F.csidlunti J. Blaine Anderson Probably the hardest working com- mittee of the Bar (luring the past two month has been the Legislative Commit. tee. Its rather ar- (luous (duties will coitinue through- out the legislative session. The com. mittee is chair- maned by J a ck Hawley, Boise, an( he is ably assisted by the following members: Randall Wallis and Calvin Dworshak, both of Boise; Kales Lowe, Burley; Gerald Olson, Pocatello, and James W. Givens of Lewiston. The pri. mary function of this committee and its lawyer-appointees is to carry out the legislative program approved by all of you at the 1960 Annual Meeting of the Idaho State Bar. As of this writing nearly all bills have been or are in the process of being drafted. A brief summary of them is as follows: Additional Judgeships: It is reported that the Court-Coordinator has indicated the need for an additional Judge in the Third District, the Seventh District and possibly the Fifth District. Bob Green was appointed to draft the necessary bill for the Third Disrtict and other attor- neys will be appointed to carry the ball for additional Judges in the Fifth and Seventh Districts. Increased Judicial Salaries: Jack Haw- ley and Randall Wallis are serving as co-chairmen of the sub-committee to draft and carry the burden on this bill which will call for increased salaries for Supreme Court Justices and District Judges. They will work in direct cooper- ation with the Legislative Committee of the Judicial Conference. At this time it appears that the bill will ask for $15,- 000.00 for Supreme Court Justices and $13,500.00 for District Judges. This measure has the support of Governor Smylie and if enacted will bring our judicial salaries up to a more realistic level, although we will still remain among the States which are low on the judiciary salary scale. Constitutional Amendments: These amendments deal with the jurisdiction of the Probate and Justice Courts. The amendments are necessary before any over-all court reform can be accom- plished. W. E. Smith and Frank Chal- fant, Jr., will prepare the necessary legislation and shepherd it through the legislative processes. Appropriation for Study of Courts: This appropriation bill is designed to provide the funds for an exhaustive study of our present court structure and to recommend specific legislative chang- es for a complete modernization and re- vamping of our inferior court system. The ultimate goal will be to introduce in the 1963 legislative session a modern courts reform act. This legislative mat- ter is under the able direction of Sam Kaufman. Administrative Procedure Act: Gerald Olson will work with Alfred Cordon on the final bill to be presented. Due pro- cess and uniformity in administrative matters is, of course, the principal aim of this enactment. Revision of Statutes on Attachments and Garnishments: Calvin Dworshak has agreed to work on this large task which is long overdue for a complete overhaul job. Revision of Statutes Covering Legal Holidays: Winston Churchill will draft and present the necessary legislation here. This bill is to correct discrepancies now appearing in the Code. Service on Secretary of State as Agent for Foreign Corporations: Joe Imhoff, Jr., has been appointed to do all of the necessary work on this bill. Willis Moffat has consented to act in consulta- tion with him. Appropriation for Legislative Counsel: This task has been handed to Bob Green. The necessary legislation has been on the legislative books for a number of years but to my knowledge there has (Continued on page 4) Appointed Counsel In Federal Court By Scott W. Reed Assistant United States Attorney Criminal Defendant: I don't have any money and don't know any lawyers. Court: You have the right to be repre- sented by counsel. Do you wish the court to appoint someone to consult with you? Criminal Defendant: Yes, your honor. A similar dialogue has occurred many times in Federal Court in Idaho. During the year 1960, the affirmative answer by the defendant resulted in the appoint- ment of an Idaho attorney to represent approximately 97 persons charged with Federal crimes during the year 1960. 37 other defendants charged with Federal crimes retained their own counsel and only 12 waived the right to counsel. None of the attorneys appointed re- ceived any compensation from the Gov- ernment for their services. Four of the defendants went to trial represented by court appointed counsel. At the date of this writing, three other defendants who had counsel appointed for them during 1960 have entered pleas of not guilty and are awaiting trial. The Sixth Amendment of the Constitu- tion provides that in all criminal prose- cutions the accused shall enjoy the right to have the assistance of counsel for his defense. As implemented under Rule 44 of the Federal Rules of Criminal Proce- (lure, that right includes the services of an attorney at every stage of the crimi- nal proceeding regardless of the serious- ness of the charge. For some time, the Department of Justice has sponsored bills to set up a public defender system and to provide compensation for attorneys appointed to represent defendants in Federal Court. In 1959, the Senate Judiciary Committee reported an Act which would provide for the appointment of a public defender in more populated districts at a salary not exceeding $10,000. In smaller districts, the bill provided for payment of court appointed counsel (Continued on page 6) PUBLISHED BY THE IDAHO S'TATE BAR F'OUNDA T ION Val. 4, No. 1 January, 1960 I1161 Boise, Idaho

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