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18 Judges J. 1 (1979)

handle is hein.journals/judgej18 and id is 1 raw text is: Court News Roundup CONGRESS WEIGHS BAN ON POLYGRAPH USE BY EMPLOYERS Hearings on legislation that could totally ban use of polygraphs by private businesses will be held in June by the Constitutional Subcommittee of the Senate Ju- diciary Committee. The bill, introduced by subcom- mittee chairman Birch Bayh of Indiana, would outlaw polygraphs as a condition for employment but allows for some exceptions including federal security agen- cies, such as the FBI and CIA. Private industry, however, would be allowed to give employees poly- graph tests, only if the request comes from the employee. This legislation has the support of Senator Edward M. Kennedy, the Judiciary Committee chair- man, and is also expected to have support from the executive branch as part of a general legislative privacy package. WHAT HAPPENED AT THE MIDYEAR This is to advise you of the outcome at the Midyear Meeting of those matters before the House of Dele- gates in which the JAD was interested. 1. Judicial Member-at-Large of the Board of Governors: Justice Sam Johnson nominated by the State Delegates to succeed Justice Erickson. 2. Juvenile Justice Standards. The JAD Council vot- ed to support the Board of Governors substitute reso- lution to defer consideration of the Standards until the February 1980 meeting. The Board's substitute resolution was put to a vote but did not secure a ma- jority, so that the Commission then moved the adop- tion of the Standards after withdrawing the Standards on Court Organization and Administration, the Stan- dards on Juvenile Delinquency and Sanctions, the Standards on the Juvenile Probation Function, and the Standards on Noncriminal Misbehavior. The Standards Relating to Abuse and Neglect and the Standards Relating to Schools and Education had previously been withdrawn. The remaining Standards that had not been with- drawn were adopted. No action was taken with regard to the withdrawn Standards, so presumably after fur- ther work they will be submitted for consideration at some future date. The consensus of the Division and Conference delegates is that most, if not all, of the controversial items were included in the withdrawn Standards. 3. Reorganization and Reauthorization of LEAA. The JAD Council approved of the report submitted jointly by the JAD and the Criminal Justice Section. The House approved the report. 4. Standards for Lawyer Discipline and Disability Proceedings. The JAD Council voted to approve the Standards submitted by the Joint Committee on Pro- fessional Discipline of the Appellate Judges Confer- ence and the ABA Standing Committee on Profession- al Discipline. After an amendment to Standard 3.17 agreed to by the proponents and after defeating an at- tempt to amend by the addition of a new Standard, 13.3, authorizing random verification, without cause, of attorney's accounts, the House unanimously ap- proved the Standards. 5. Abolish Obligatory Supreme Court Review by Appeal. The JAD Council voted to approved the rec- ommendation and so did the House. 6. Amendment to Model Rule Relative to Legal As- sistance by Law Students. The JAD Council voted to approve the proposed amendment and so did the House. 7. Amendment to Revised Standards Relating to Fair Trial and Free Press. The proposed amendment, approved by the JAD Council, would have permitted the televising of court proceedings pursuant to Su- preme Court rule. The House voted down the pro- posal. 8. Revised Standards Relating to the Administra- tion of Criminal Justice. The JAD Council approved the proposed revised Standards except it recommend two amendments to the Standards Relating to Pleas of Guilty by limiting Standard 14-1.3(b) to serious of- fenses and by removing the judge from the plea bar- gaining negotiations as provided in Standard 14-3.3. The first amendment was accepted by the Commis- sion proposing the Standards, the second amendment was put to a vote of the House and lost. With the one amendment, the Standards were approved by the House. 9. Creation of a Center for Defense Services. The JAD Council voted to take no position on the proposal which was approved by the House. 10. Uniform Audio-Visual Deposition Act. The JAD Council approved the proposed act, as did the House. 11. Amendments to Federal Rules of Criminal Pro-

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