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2 Alaska L.J. 1 (1964)

handle is hein.barjournals/alaskalj0002 and id is 1 raw text is: LAW

JANUARY, 1964

N.Y. JUDGES WILL
STUDY ABOLITION
OF    CIVIL     JURIES
NEW    YORK    (ACCN)-The
New York State Judicial Confer-
erence, which has regulatory
power over the Empire State's
courts, has set up a special
six-judge committee to study
the desirability of abolishing
civil jury trials in the state.
Announmement of the com-
mittee's creation was made by
Chief Judge Charles Desmond
of the New York Court of Ap-
peals, the state's highest tri-
bunal, during the annual dinner
of the New York State Bar As-
sociation here, January 31. By
virtue of his position, the Chief
Judge is also chairman of the
Judicial Conference.
The committee will be headed
by State Supreme Court Justice

LAW PRACTICE NEWS

JOURNAL CELEBRATES
ANNIVERSARY
The first year of publication
of the Alaska Law Journal has
brought us past the danger
zone usually associated with all
new  legal periodicals. We've
survived in the Northland and
now look forward to improving
the content and coverage. Local
bars are urged to report their
activities and requests for in-
formation to other area bar
groups through the Journal.
BOARD OF GOVERNORS
MEETINGS
Peter J. Kalamarides, execu-
tive secretary of the Alaska
Bar Association, has been made
primarily responsible for the
transmission to the Journal of
information pertaining to the
activities of the Board of Gov-
ernors as well as of the Bar
Association  Committees. We
can, no doubt, expect his re
ports in a subsequent issue.

ENTERING LAW PRACTICE
Nissel A. Rose, D.C. and
Alaska attorney, formerly dis-
trict counsel for the U. S. Army
Engineer District, Alaska has
entered private law practice at
the Anchorage law offices pre-
viously occupied by William H.
Sanders, recently appointed a
Superior Court Judge.
OBLIGATIONS SCROLLS
N. C. Banfield, President of
the Jun  , Ba- Associatior,
P. 0. Box 1121, Juneau, Alaska,
has announced that members of
the A 1 a s k a Bar Association
wishing to purchase the Ameri-
can Bar Association's four-color
lithograph scrolls, A Lawyer's
Obligations or A Judge's Ob-
ligations write him directly so
that a bulk order may be placed
by the bar association entitling
members to reduced prices. Lots
of 25 or more may be purchased
at savings up to 40%   of the
single copy price of $12.50 for
the framed scrolls and S6.00 for
the unframed scrolls.

Owen McGivern of New York Committee under the chairman-
City. The other five members ship of Sen. McNeil Mitchell of
are drawn from courts of vari- Manhattan will cooperate with
ous levels, other than the Court the Judicial Conference on the
of  Appeals, throughout   the study.
state.                          The Chief Judge emphasized
Neither the committee nor that the study is not being con-
the Judicial Conference has the ducted to support a precon-
power to wipe out jury trials, ceived conclusion, but will be
but a favorable committee rec- thoroughly impartial. The com-
ommendation would give the mittee will go into the whole
the movement considerable mo- matter of court calendar conges-
mentum. Chief Judge Desmond tion, he said, and the issue of
told the bar dinner meeting whether to abolish civil juries
that the State Senate Judiciary is only one item on its agenda.

IN THIS ISSUE-
Attorney General Opinion
No. 1, p. 10
Supreme Court Opinions
Nos. 180-183
Nelson v. State (180), pp. 11-
12
Merrill v. Merrill (181), pp.
12-13
Walters v. Cease, et al (182),
pp. 13-15
Ahlstrom v. Cummings, et al
(183). p. 15

Vol. 2

DISPARITY IN
SENTENCING HIT
BY CHICAGO JUDGE
CHICAGO, ILL. (ACCN) -
Wide disparity in the sentences
handed out by different judges
for the same offense in juris-
dictions throughout the country
were criticized by U.S. District
Judge James B. Parsons in an
article, The Personal Factor in
Sentencing, in the winter issue
of the DePaul University Law
Rcviev. dJdge Parsons' federa'
trial court has jurisdiction over
Chicago and northern parts of
Illinois.
While pointing out some of
the absurdities of the present
sentencing system, Judge Par-
sons emphasized that alterna-
tive systems or modifications
which would divest judges of
some or all of the sentencing
power have their own distinc-
tive defects. In his belief, the
judge-system of sentencing is
still preferable to any other,
and its peculiar defects will be
eased in the course of time.
In California, he noted, un-
der an indetermine sentencing
system, all offenders are com-
mitted to the State Adult Auth-
ority, which then decides both
the time to be served and the
prison in which it shall be
spent. In Oregon, the judge de-
termines the maximum sentence
under the applicable law and
the offender becomes eligible
for parole immediately, with
the time actually to be served
determined by a parole board.
These programs are both de-
fective, Judge Parsons declared,
because only through the ju-
diciary itself can there be es-
(Continued on Page 16)

No. I

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