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19 Advocate 1 (1976)

handle is hein.barjournals/adisb0019 and id is 1 raw text is: Vol. 19, No. 1 Boise, Idaho January, 1976 THE TILTED WINDMILL By Scott W. Reed Member of Environmental Law Section Live Better Electrically Plenty of Hot Water with Clean Natural Gas Hydro-power is Clean and Cheap. In the good old days (5 years ago), cheerful messages like these spewed forth in news- papers and magazines and on TV and bill- boards across the land in cheerful assur- ance that America had energy to burn. Enthusiasm for the AC-DC American way had reached a symbolic high point with the institution of the electric chair to let convicted murderers die better electrically. Recently the message has drastically changed. Perhaps in reaction to earlier energy oversell, significant attempts are being made to place limitations on adver- tising emissions.. Reddy Kilowatt once had an expensively created image as high in public esteem as that of J. Edgar Hoover. Serious erosion has taken its toll on both. Reddy is a linear W. C. Fields created by Madison Avenue for the investor-owned electric com- panies to carry subtle and not-so-subtle messages in opposition to New Deal public power promotion. The legal efforts now are to short-circuit the messenger or at least change the glowing red bulbous nose to a 10-watt night-light. Conservationist Reaction The conservationist reaction is not in the historical context of public vs. private power. Environmentalists critize TVA as the worst promoter of strip-mining. Bonne- ville Power Administration is condemned as a hydro-headed monster. Theoretically, governmental agencies cannot advertise, but a good bureaucrat knows how to obtain free advertising. BPA Adminis- trator Don Hodel told a group of Portland businessmen last July that The environ- mental movement . . . over the past several years has fallen into the hands of a small arrogant faction which is dedicated to bringing our society to a halt ... With this as their cause, the prophets of short- age see the energy industry as their prime (Continued on Page 2) OPPORTUNITIES -FOR LAWYER- PSYCHOLOGIST COLLABORATION By David D. Robinson, Ph.D. Consuiting Psychologist, Boise Several monthsago, Ron Kull, Executive Director of the Idaho State Bar, invited me to prepare an article on the general topic of lawyer-psychologist collaboration. I am grateful to him for inviting my opinion, even though it is biased toward my own personal and professional inter- ests. Since I am not a lawyer, I can only hope that the illustrations of lawyer- psychologist interaction I have selected are germaine to lawyers' interests. A lawyer should deal only with doctoral level psychologists, preferably Fellows or Members of the American Psychological Association (APA). Nearly all masters degree level psychologists are unqualified for licensure under Idaho law, and are ineligible for full membership in APA. As individuals, they may be both skillful and helpful, but their credentials may make their testimony subject to impeachment. Experience levels vary enormously, as do levels of training and interest in specific issues or problems. Whenever you contact a psychologist for professional services, you should re- quest an early meeting to discuss your case and to try to determine whether or not he or she would be a credible witness. Spend time choosing the psychologist, in much the same way you would select an accountant or another lawyer. Provide sufficient budgetary resources so that the psychologist can document assertions with the relevant published research that con- stitutes his credibility as a scientist- professional. Always ask the psychologist to buttress his opinion with appropriate citations from the scientific literature. More about research later. Perhaps the major difference between law and psychology, and the greatest potential source of misunderstanding, turns on philosophical distinctions between advocacy and science. According to Canon 7 of the ABA Code of Professional Respons- ibility, ... a lawyer shall not intentionally fail toseek the lawful objectives of his client through reasonably available means per- mitted by law .. . The bounds of law are often uncertain and difficult to ascertain, (Continued on Page 3) 1975 Supreme Court Caseload Sets Record By Carl F. Bianchi Administrative Director of the Courts Calendar 1975 was another record year for the Idaho Supreme Court, as 307 appeals were filed from lower courts and administrative agencies - by far the greatest number of new appeals since reliable records have been maintained for the Court. The total number of new filings was an increase of 22% from 1974. Contributing to the Court's workload during 1975 were a total of 880 petitions and motions, of which 850 were idsposed of, as well as 29 original proceedings and five disciplinary proceedings which were completed by the Court. The increase in petitions and motions during 1975 was 32% more than 1974's total of 668 peti- tions and motions filed. The Supreme Court disposed of far NEW APPEALS FILED IN SUPREME COURT 325 307 300 275 250 251 - 225 24r 200 175 150 '71 '72 '73 '74 1975

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