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9 Advocate 1 (1966-1967)

handle is hein.barjournals/adisb0009 and id is 1 raw text is: Vol. 9, No. 1                              THE ADVOCATE                                 January, 1966

ox Pracsidcn iS      FIFTH DISTRICT COURT

By Edward L. Benoit
As reported to you in the last issue of
tile Advocate, it was unanimously decided
by the commissioners and local Bar pres-
idents at our December ,4, 1965, meeting
that we should publish an Idaho Lawyer's
Handbook. It was first contemplated that
a multilith procedure would be adequate
with a large amount of the necessary
typing to be done in the secretary's of-
fice. When cost estimates were completed
it was determined that to publish a book
under that plan would cost approximately
$6500.00 plus the time of stenographers
in the secretary's office. Upon making
further inquiries, we found we could have
the  book   printed  commercially  for
The supe. 'or appearance of a printed
book and the saving in stenographers'
time made the decision obvious and the
book is being printed. I have personally
talked with the printers and I know we
will have an attractive book and I know
we are getting it done at an excellent
price. Severeal sections have been sent
to the printers. We expect to have the
book distributed approximately March
15, 1966. A copy of the book will be
mailed with invoice enclosed to all li-
censed attorneys in Idaho. This mailing
cost is included in the $7000.00 printing
The cost of publishing the book will be
paid from Continuing Legal Education
funds on hand. This, of course, will prac-
tically wipe out the fund. It is, there-
fore, necessary to charge $15.00 for each
book. Elemental arithmetic shows that
we must receive payment for a minimum
of 167 books to break even. Money re-
ceived for the excess over 467 books will
be placed in the C.L.E. Fund. In addition,
we will have on hand several hundred
extra copies of the book to sell in the
future and the proceeds from such future
sales will also be placed in the C.L.E.
Fund. I think you will agree that we
should, if possible, build our C.L.E. pro-
(Continued on page six)

In the District Court of the Fifth
Judicial District.
Re: Withdrawal of Counsel
To: All Counsel Practicing within Fifth
Judicial District.
Please take notice that from and after
this date, counsel once having appeared
in an action will not be allowed to with-
draw arbitrarily and of their own will
without court permission and order.
Until there is a court order permitting
withdrawal of counsel, if he be alive and
still practicing law, he will still be con-
sidered attorney of record and valid serv-
ice of motions, etc., may be made upon
Permission to withdraw will be freely
given unless such withdrawal will result
in injustice to opposing parties. Reason
for the withdrawal request should be con-
tained in the motion or accompanying
Dated this 19th day of January, 1966.
Arthur P. Oliver, District Judge.
Gus C. Anderson, District Judge.
North Idaho Attorneys
Honor Judge Spear
Northern Idaho attorneys gathered at
what has been reported to be the largest
gathering of attorneys in the northern
part of the state to honor Judge Spear
and his successor to the District Court
bench, the Hon. Watt Prather. Judge
Spear succeeds Justice Knudson on the
bench of the Supreme Court of Idaho.
A new roster of attorneys with the
address of each attorney is being pre-
pared for the soon to be published Desk
Book. Any attorney who has changed his
mailing address or wishes to correct an
erroneous address in the last roster
should send the change of address to the
Idaho State Bar, P.O. Box 835, Boise,
Idaho 83701.
We also need to have the proper zip
code numbers listed as part of addresses
from now on.

Continuing Judicial Concern
With Prejudicial News
The Supreme Court has given clear in-
dication that it will continue to hear
criminal appeals based on allegations of
prejudicial reporting by newspapers and
television, President Edward W. Kuhn
said in October, 1965, at the annual con-
ference of United P-'ess International
Editors and Publishers in Washington,
He cited five such cases decided by the
court since 1959. In each instance crimi-
nal convictions were reversed on the
ground that publicity before or during
trial has influenced juries.
Need Cooperation
The decisions, Mr. Kuhn said, empha-
size the need for joint cooperation of the
Bar and news media in finding ways to
protect the constitutional guarantees of
both fair trial and free press. They also
show, he said, that prejudicial publicity
is  real  in  the  eyes  of  the  Court  .  , *
notwithstanding the absence of any 'sci-
entific' evidence that news coverage does
in fact influence jurors.
In addition, Mr. Kuhn said, the de-
cisions show that the right of free press
is specifically a right to publish, and
that the court will not sanction any
solution involving direct restraint of
Thus, he said, the decisions make it
clear that the Bar and the news media
are both responsible for resolving the
problem and that stricter self-discipline
within each of our professions can sub-
stantially reduce the peril to fair trial.
Liaison Committees
Mr. Kuhn said he would like to see
bar-press liaison committees established
in every state and in many cities.
I am not suggesting, he said, that
such committees should have any author-
ity of a restrictive or punitive nature.
Their purpose would be to achieve accord
through discussion and mutual enlighten-
ment. Such committees would provide an
established point of contact for both pro-
fessions as situations calling for discus-
sion arose. Much can be accomplished
(Continued on page five)

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