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15 Wash. St. B. News 1 (1961)

handle is hein.barjournals/wasbn0015 and id is 1 raw text is: wa bjngton etate £wo Vol. XV, No. 1 JANUARY-FEBRUARY, 1961 Page 1 EXCELLENT RECEPTION FOR C.L.E. PROGRAMS As has come to be expected, the quality of the two state-wide programs this year is excellent. The consensus of Seattle opinion at the first Practical Evidence session on December 3, 1960, was that it was the fin- est C.L.E. session yet. Over 60 attorneys in the Olympia area believed this advance billing from Seattle, and concurred after at- tending the program on January 21. Be alerted, in the Inland Empire. It will again be presented in Yakima at the Chinook on Saturday, March 4, and in Spokane at the Davenport on Saturday, April 8. Ronald E. McKinstry's treatment of the Hickman case in connection with discovery of the at- torney's work product was described by several attorneys as the best they had ever seen. In addition, John Ehrlichman's talk on proof and preservation of the record in zoning proceedings left his audiences mar- veling at his techniques. Modern Leasing Problems presents the first attempt to coordinate the syllabi of all the speakers into one cross-reference set of materials. Included are over 125 pages of up-to-date forms, fully annotated with Washington cases. F. Theodore Thomson's material on percentage rental leases is ex- cellent, as is John Newland's on shopping center leases, and Allan Toole's on the ever present tax considerations. Reservations for these programs may be made by sending your check to: Office of Short Courses and Conferences, 327 Lewis Hall, University of Washington, Seattle 5, Washington. Make your check payable to the University of Washington, in the sum of $10 for either of the programs, or at the bargain rate of $15 for the series of two programs. INACTIVE MEMBERS MAY SUBSCRIBE Because of the economic inadvisability of furnishing subscriptions to the Washington Law Review and the Bar News as a part of inactive membership in the state bar asso- ciation, the bar office advises that here- after these periodicals will be available to inactive members only on the basis of paid subscriptions. Law Review subscription re- quests should be directed to Washington Law Review Association, 306 Condon Hall, University of Washington, Seattle 5, Wash- ington. The rate is $1.20 per year. Single copies are 500. Subscription requests for the Bar News should be sent to the Washington State Bar Association, 501 Third Avenue, Seattle 1, Washington. The rate is $1.50 per year. LEGAL ETHICS OPINION RE TV INTERVIEWS The Legal Ethics Committee of the Washington State Bar Association has is- sued the following opinion: No. 112-Television Interviews You have asked us to give you our opin- ion in respect to the propriety of counsel- whether prosecuting or defense-appearing on a radio or television broadcast and (a) commenting on a pending case, or (b) in- terviewing an accused. In his relations to the court and court proceedings, a prose- cuting attorney is under the same ethical canons as any other lawyer. (For applica- tions of this principle see A.B.A. opinions 30, 39, 118, 142 and 261.) Canon 20 has to do with newspaper dis- cussion of pending litigation. It reads: Newspaper publications by a lawyer as to pending or anticipated litigation may in- terfere with a fair trial in the courts and otherwise prejudice the due administration of justice. Generally they are to be con- demned. If the extreme circumstances of a particular case justify a statement to the public, it is unprofessional to make it an- onymously. An ex parte reference to the facts should not go beyond quotation from the records and papers on file in the court; but even in extreme cases it is better to avoid any cx parte statement. The New York State Bar Association has amended this canon and it now ex- pressly includes . . . disclosure of informa- tion, whether of alleged facts or of opinion, for release to the public by newspaper, radio, television or other means of public information . . . Other states and the American Bar Association have similar amendments under consideration. Your inquiry poses a threshold question: In the absence of an express prohibition in the canon applicable to this state, should this committee express an opinion? Our an- swer is Yes. We cannot be blind to the effect of new media of communication even though not listed in a canon originally writ- ten some years ago. The committee believes that rules appli- cable to newspapers should apply to radio and television and so recommends. (a) Commenting on a pending case: Canon 20, above quoted, makes it plain that statements by a lawyer in respect to pend- ing or anticipated litigation may interfere with a fair trial and otherwise prejudice the due administration of justice. Hence they are to be condemned. The canon specifically prohibits anonymous statements to the pub- (Continued on Page Two) JUD69ES% OWERENCE SEEKS PROCEDURAL IMPROVEMENTS The appointment of a new Section on Improvement of the Administration of Jus- tice, with 7 sub-committees, has been an- nounced by Judge Orris L. Hamilton, presi- dent of the Superior Court Judges Associa- tion. He has named Judge Eugene A. Wright, King County, and Judge Bartlett Rummel, Pierce County, as chairman and vice-chairman of the section. Judge Arthur H. Ward, Skagit County, is chairman of a sub-committee on Rules, Practice and Procedure. He hopes to have some action soon on: (1) a uniform Jurors' Handbook, proposed to be adopted by the state's Judicial Conference; (2) a stand- ard form of questionnaire for jurors to com- plete before starting their jury service; (3) a standardizing of some of the Special Rules which now vary from county to county; and (4) a proposal for changing legal require- ments for jury service. Judge George H. Freese, Adams County, chairman of a sub-committee on Court Re- porters, is investigating mechanical devices for reporting trials. His committee is con- sidering tape recorders, the Steno-Mask, and other systems in use in other states. Another sub-committee is that on Proba- tion Practices and Sentencing Procedures, headed by Judge Mitchell G. Kalin, Grays Harbor County. Judge Kalin hopes to standardize some of the procedural steps in criminal cases, including arraignment, plea, change of plea, and sentence. A manual for use by judges, prosecutors and defense counsel is one objective. Other sub-committees and their chairmen are: Pre-Trial, Judge Charles T. Wright; Trial Techniques, Judge James J. Lawless; Family Court and Divorce, Judge Bert C. Kale; and Probate Procedure, Judge F. A. Walterskirchen. The scope of activity within the province of the seven subcommittees is of great in- terest and importance to the state bar and it is hoped that at least some of the effort can be reported in the Bar News. HUGH C. TODD Retired King County Superior Court Judge Hugh C. Todd, 77, passed away March 2, 1961, in Seattle, following a stroke. Judge Todd had served 25 years on the bench before his age-dictated retirement December 31, 1959. He commenced his law practice in Seattle in 1911. At one time he had servedl as a state legislator.

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