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2 Admin. L. News 1 (1975-1976)

handle is hein.journals/admreln2 and id is 1 raw text is: EVEN HALF-DOZEN ASSISTANT ATTORNEYS GENERAL, OFFICE OF LEGAL COUNSEL, PERFORM FOR SECTION AT MONTREAL MEETING Proving among other things that the tenure in the responsible position of Assistant Attorney General, Office of Legal Counsel, has been rather transient in the last few years, the last six persons to hold that office appeared together in a panel discussion at the Montreal meeting under the sponsorship of the Section of Administrative Law. The program, one of the most interesting the Section has ever presented, was conceived and organized by Chairman Marion Harrison. It was chaired by Mr. Justice William Rehnquist of the United States Supreme Court, who was the second incumbent in the position in the chronological sequence presented and who ruled time allocation as if he had no tolerance for dissent. The program had a dual theme. While it involved discussion of the duties of the Assistant Attorney General, Office of Legal Counsel, it also was broadened to a more general consideration of the question: The government lawyer-who is his client? Professor Robert Dixon led off the panel by defining the role of the Office of Legal Counsel as separation of powers within a broader sphere of separation of powers. He emphasized that throughout the entire Watergate investigation, the Attorney General sometimes refused to give requested information and evidence to White House counsel. He urged that few realize the non-spectacular aspects of the working of the legal system in the Watergate investigation. Dean Roger Cramton asserted the impor- tance of independence in OLC and referred to the opinion rendered while he was Assistant Attorney General that the President does not have the unlimited right to impound appro- priated funds, an opinion clearly contrary to the strong wishes of the White House. He urged that the position always be filled from outside the government hierarchy. JERRE S. WILLIAMS Chairman Finally, he provoked some dissent by saying that the Office of Legal Counsel should not be a ministry of justice. Its work is technical and narrow legal service of the highest quality. By and large, proposals for legal reform should come from other sources; the job of OLC is to insure that the laws which we now have work properly and effectively. Ralph Erickson turned his attention to the broader question of who is the client of the government lawyer. It was his view that the client is the whole government, but mainly the executive branch. He recognized and described the difficulties, the conflict of interest prob- lems, in choosing who is to be represented within the governmental structure. Major stress was placed upon the need for independence. The chronologically first and last of the six Assistant Attorneys General then concluded the program. Frank Wozencraft, the senior holder of the office, saw three functions of OLC. First, counseling the various agencies and departments on the administration of their laws and as to the policies established by their laws. Second, executive lawmaking, con- sisting of the drafting and review for legality of executive orders and regulations. Third, review- ing proposed legislation for form and legality. Finally, the OLC is not house counsel to the agencies or to the White House. They have their own counsel. He saw the Office of Legal Counsel as the government lawyer to the people.

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