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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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