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17 Wash. St. B. News 1 (1963)

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Vol. XVII, No. 1  JANUARY-FEBRUARY, 1963     Page 1

CIVIL RIGHTS AND A FREE PRESS
A panel discussion sponsored by the Uni-
versity Chapter of the Civil Liberties Union
of Washington was held on the University
Campus on December 8th covering the prob-
lems presented in sustaining freedom of the
press while protecting the rights of indi-
viduals to an impartial trial.
The participants in the panel were: Judge
George H. Revelle of the King County Su-
perior Court; Brock Adams, United States
District Attorney; Frank Ramon, Seattle
Police Chief; Ross Cunningham, Editor of
the Seattle Times; and Charles Burdell,
member of the Seattle Bar.
Professor Arval Morris of the University
Law School, acting as moderator, set the
stage with an enlightened foreword on the
need for educating the youth of our country
in the field of civil rights as guaranteed un-
der the State and Federal Constitution and
the Bill of Rights, when he announced the
results of a recent survey of high school stu-
dents taken by Purdue University.
An alarming percentage, he reported, ap-
proved censorship, search without warrant,
third degree confessions and laws restrict-
ing the right to vote.
It was pointed out in the discussion which
followed that modern methods of communi-
cation disseminating news events by the
media of print and television reach every
prospective juror. Hearings before investi-
gatory bodies, congressional committees and
commissions are widely publicly televised
and often result in the prosecution of a wit-
ness for some criminal offense.
This situation tends to influence the mind
of individuals who may be called upon to
decide his guilt or innocence, and imperils
his constitutional guaranty of a fair and im-
partial trial. It imposes an ever increasing
duty upon judge, prosecutor, investigator
and press alike to make sure that the rights
of an accused are protected and that he has
a jury free of prejudice and predelictions.
The discussion was fruitful and provoca-
tive, as evidenced by the question period
which followed.
The Bar Association, through its Civil
Rights Committee, is mindful of the deli-
cate balance between the constitutional
guarantees of fair trial and freedom of the
press, and endeavors to preserve it through
meetings and conferences with the bench,
law enforcement officers and the press.
CIVIL RIGHTS COMMITTEE
Seattle-King County Bar
Association
Does the Bar Association office have your
current address? If not, bring them up to
date.

WASHINGTON JUNIOR BAR
By ELDON H. REILEY, Chairman
Washington Junior Bar Committee
Washington now has three organizations
formally affiliated with the Junior Bar sec-
tion of the ABA. These are the Seattle-King
County Young Lawyers, the Spokane Coun-
ty Barristers Council and the Washington
State Junior Bar Committee.
The State Junior Bar Committee, which
is appointed annually by the Board of Gov-
ernors, administers projects of particular
interest to young lawyers. But beyond this
it is striving to interest and involve young
lawyers in Bar Association activities and to
provide a means for young lawyers in this
state to shoulder the public responsibilities
of the legal profession to a greater degree
than they presently do.
The State Committee is particularly in-
terested in the areas of continuing legal edu-
cation and state legislation. Members of the
Junior Bar Committee have conferred with
the chairmen of the Bar Association's com-
mittees in these fields and are working out
programs for cooperation between the Junior
Bar and the Association's committees.
The Junior Bar Committee has also un-
dertaken the publication of a Directory of
Services for Lawyers and, at the request
of the Board of Governors, it is investigating
the desirability of a state bar center for
Washington. It will continue to administer
the Association's lawyer placement service
and to present an educational program at
the Association's annual meeting.
Seattle-King County Young Lawyers
New admittees to the Bar were hosted by
the Seattle young lawyers to (1) a coffee and
doughnut session following the admission
ceremony; (2) a series of practice and pro-
cedure seminars and (3) a swearing in cere-
mony in the U.S. District Court. A similar
ceremony for the Ninth Circuit Court is be-
ing planned.
About 100 of the old timers among the
young lawyers treated themselves in No-
vember to an interlude at a local brewery
where a buffet and a football movie accom-
panied ample quantities of beer. A dinner
on Pier 91 is scheduled for February.
Spokane County Barrister Council
Monthly luncheons of the Spokane Bar-
risters have been highlighted by a debate be-
tween attorneys Leo Driscoll and Dave
Gnagey on a shopping center re-zoning pro-
posal and a presentation of Tax Advice for
Attorneys by Bob Kovacevich. The Coun-
cil cooperated with the County Bar Associa-
tion in promoting the passage of H.J. Reso-
lution No. 6. It recently sponsored a group
swearing in ceremony in Federal Court for

CONTINGENT FEE ETHICS
OPINION ISSUED
The Legal Ethics Committee of the
Washington State Bar Association has is-
sued the following opinion:
No. 139. Contingent Fees in Divorce
Proceedings
You have requested an opinion regard-
ing the propriety of an attorney represent-
ing the defendant husband in a divorce pro-
ceeding under the following circumstances.
The defendant is 56 years of age and has no
available assets and is finding employment
difficult .The wife contends that he is not
entitled to any portion of the assets under
her control although she is a woman of very
substantial means. The defendant, although
able to pay costs has no way of paying at-
torneys' fees except out of the recovery of a
portion of the marital property in the di-
vorce proceeding. He is willing to pay a
substantial fee out of the recovery provided
he succeeds in the litigation. Extensive in-
vestigation of accounts covering a 13 year
period would be required in preparation for
the trial and the trial would probably con-
sume from one to two weeks in court. The
question is whether the attorney may prop-
erly represent this defendant under an
agreement that he will he paid a reasonable
fee out of the first proceeds of the property
recovered for the defendant in the divorce
proceeding but that no fee will be payable
if there is no recovery.
Your committee is of opinion that the
Supreme Court of the State of Washington
has determined that such an arrangement
would be unethical. In re Smith, 42 Wn.2d
188.
HIGH COURT SUSPENDS TWO
STATE ATTORNEYS
Everal Carson, Vancouver, was suspended
from the practice of law for six months by
the State Supreme Court on January 30.
Carson was suspended for failing to file in-
come tax returns during the years 1944 to
1955.
Richard R. Greiner, Yakima, on Febru-
ary 1, was suspended from the practice of
law for 90 days by the State Supreme
Court. Greiner's suspension was for failure
to file income tax returns in 1949 and 1950
and from 1952 to 1955.
Spokane's relatively small crop of 1962 ad-
mittees to the bar.
The Barrister Council has been advised
by the National Junior Bar that it has re-
ceived a national award as one of the local
Junior Bars making the most progress dur-
ing 1961-62. Spokane shares this award with
the states of California and Oklahoma.

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