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19 Advocate 1 (1976)

handle is hein.barjournals/adisb0019 and id is 1 raw text is: Vol. 19, No. 1                                   Boise, Idaho                                  January, 1976

THE TILTED
WINDMILL
By Scott W. Reed
Member of Environmental Law Section
Live Better Electrically Plenty of
Hot Water with Clean Natural Gas
Hydro-power is Clean and Cheap. In the
good old days (5 years ago), cheerful
messages like these spewed forth in news-
papers and magazines and on TV and bill-
boards across the land in cheerful assur-
ance that America had energy to burn.
Enthusiasm for the AC-DC American way
had reached a symbolic high point with
the institution of the electric chair to let
convicted murderers die better electrically.
Recently the message has drastically
changed. Perhaps in reaction to earlier
energy oversell, significant attempts are
being made to place limitations on adver-
tising emissions..
Reddy Kilowatt once had an expensively
created image as high in public esteem as
that of J. Edgar Hoover. Serious erosion
has taken its toll on both. Reddy is a linear
W. C. Fields created by Madison Avenue
for the investor-owned electric com-
panies to carry subtle and not-so-subtle
messages in opposition to New Deal public
power promotion. The legal efforts now
are to short-circuit the messenger or at
least change the glowing red bulbous nose
to a 10-watt night-light.
Conservationist Reaction
The conservationist reaction is not in
the historical context of public vs. private
power. Environmentalists critize TVA as
the worst promoter of strip-mining. Bonne-
ville Power Administration is condemned
as a hydro-headed monster. Theoretically,
governmental agencies cannot advertise,
but a good bureaucrat knows how to
obtain free advertising. BPA Adminis-
trator Don Hodel told a group of Portland
businessmen last July that The environ-
mental movement . . . over the past
several years has fallen into the hands of a
small arrogant faction which is dedicated
to bringing our society to a halt ... With
this as their cause, the prophets of short-
age see the energy industry as their prime
(Continued on Page 2)

OPPORTUNITIES -FOR LAWYER-
PSYCHOLOGIST COLLABORATION

By David D. Robinson, Ph.D.
Consuiting Psychologist, Boise
Several monthsago, Ron Kull, Executive
Director of the Idaho State Bar, invited
me to prepare an article on the general
topic of lawyer-psychologist collaboration.
I am grateful to him for inviting my
opinion, even though it is biased toward
my own personal and professional inter-
ests. Since I am not a lawyer, I can only
hope that the illustrations of lawyer-
psychologist interaction I have selected
are germaine to lawyers' interests.
A lawyer should deal only with doctoral
level psychologists, preferably Fellows or
Members of the American Psychological
Association (APA). Nearly all masters
degree level psychologists are unqualified
for licensure under Idaho law, and are
ineligible for full membership in APA. As
individuals, they may be both skillful and
helpful, but their credentials may make
their testimony subject to impeachment.
Experience levels vary enormously, as do
levels of training and interest in specific
issues or problems.
Whenever you contact a psychologist

for professional services, you should re-
quest an early meeting to discuss your
case and to try to determine whether or
not he or she would be a credible witness.
Spend time choosing the psychologist, in
much the same way you would select an
accountant or another lawyer. Provide
sufficient budgetary resources so that the
psychologist can document assertions with
the relevant published research that con-
stitutes his credibility as a scientist-
professional. Always ask the psychologist
to buttress his opinion with appropriate
citations from the scientific literature.
More about research later.
Perhaps the major difference between
law and psychology, and the greatest
potential source of misunderstanding,
turns on philosophical distinctions between
advocacy and science. According to Canon 7
of the ABA Code of Professional Respons-
ibility, ... a lawyer shall not intentionally
fail toseek the lawful objectives of his client
through reasonably available means per-
mitted by law .. . The bounds of law are
often uncertain and difficult to ascertain,
(Continued on Page 3)

1975 Supreme Court Caseload Sets Record

By Carl F. Bianchi
Administrative Director of the Courts
Calendar 1975 was another record year
for the Idaho Supreme Court, as 307
appeals were filed from lower courts and
administrative agencies - by far the
greatest number of new appeals since
reliable records have been maintained for
the Court. The total number of new filings
was an increase of 22% from 1974.
Contributing to the Court's workload
during 1975 were a total of 880 petitions
and motions, of which 850 were idsposed
of, as well as 29 original proceedings and
five disciplinary proceedings which were
completed by the Court. The increase in
petitions and motions during 1975 was
32% more than 1974's total of 668 peti-
tions and motions filed.
The Supreme Court disposed of far

NEW APPEALS FILED IN SUPREME COURT
325
307
300
275
250                 251    -
225          24r
200
175
150
'71  '72     '73   '74   1975

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