13 Docket Call 1 (1978)

handle is hein.journals/dcktcll13 and id is 1 raw text is: editor's
Seth Rosner*

*Second Vice-Chairman of the Section. He is also serving as
Chairman of the 1978 Annual Meeting Arrangements Committee.
The officers and Council members of our Section
have as their highest priority the serving of the inter-
ests of the practicing lawyer and of American so-
ciety. Thus, they have tried to keep abreast of the in-
creasing number of major issues which the organized
Bar has addressed in recent years, and to advocate
positions which they believe to be consistent with
continued on page 4

fundamental freedoms only
come in a package deal*
H. Russell Troutmant

It's a free country. That's an expression most of
us grew up with. But, as our nation evolves, the con-
cept of a free country changes.
In 1900, freedom included the advantage of a pay-
check without deductions and the operation of a
business without regulation. It included the disad-
vantage of depending on family and friends during
unemployment and old age. Rough justice was more
common, medical care more sparse.
How much freedom makes a free country? How
much regulation takes it away?
The forfeiture of any fundamentals is tantamount to
a capitulation of a free society. Economics is not the
test. Efficiency is not the goal. Time is not a variable.
Freedom of press, speech, religion and jury trial
are constants that preempt efforts for efficiency and
the desire for economy. When our society becomes
too crowded, our taxes or insurance premiums too
high, and our spirits so benign as to allow these free-
doms to perish, then indeed, as Jefferson said, Let
*The Bill of Rights was not ratified because it is cost-
efficient. If any of its guarantees of freedom are sacrificed
to economic considerations, forces will be unleashed that
will undo our liberties.
tH. Russell Troutman is president of The Florida Bar.
Copyright @ 1978 American Bar Association

us withdraw and call the nation to its tents and start
all over again.
When one right or freedom falls, the others are not
far behind. When wealth prevails over principle,
poverty prevails over all.
In recent years, rights have
been broadened in some
areas. Congress enacted the
Speedy Trial Act to define a
constitutional right, entitling
an accused to trial within 100
days of arrest. This places a
new burden and expense on
the state, but our representa-
tives have placed increased
budgetary requirements in
the category of irrelevance
when constitutional rights are involved.
The Supreme Court has interpreted the Constitution
to require the right to counsel of those criminally
charged. The court left the economic and efficiency
implications of its decision to the states, but it was
clear that, if 4 state expected a conviction to stand,
that right had to be offered. Thus came into existence
the billion-dollar public-defender program, which
continued on next page
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