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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

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
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.

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)

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.
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.
Retired King County Superior Court
Judge Hugh C. Todd, 77, passed away
March 2, 1961, in Seattle, following a
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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