Arkansas Bar Association
Resolution
WHEREA S, Edward L. Wright has worked tirelessly and unselfishly for the Arkansas Bar Association; has been a leader in the improvement of our system of justice ; served as President of this Association in 1957-58; received our Outstanding Lawyer A ward for excellence in the practice of law; served for twenty years in the American Bar Association H ouse of Delegates as State Delegate from A rkansas; served as Chairman of that House; was the chief architect of the new Code of Professional R esponsibility ; and was honored by the lawyers of the United States in his selection as President of the American Bar Association ; all to the honor of our state; NOW, THEREFORE, BE IT RESOL VED. T hat the January 1971 issue of the A rkansas Lawyer be dedicated to Edward L. Wright so that we may express to this warm and humble man our deep affection for him and let him know that we take pride in his accomplishments. Adopted by the Executive Committee of the Arkansas Bar A ssociation in Hot Springs, Arkansas on this 18th da y of N ovember, 1970.
Deacon President
v
•
R obert D. R oss Secretary-T reasurer
JAN. 1971 VOL. 5 NO.1 (SIt Note)
THE OFFICIAL PUBLICATION OF THE ARKANSAS BAR ASSOOATION
~
Arkansas Lawyer SPECIAL FEATURES
OFFICERS
J. C. Deacon. President Paul B. Young. President-Elect Robert D. Ross, Secretary-Treasurer
EXECUTIVE OIRECTOR C. E. Ransick
EXECUTIVE COMMITTEE Henry Woods, Chairman Wayne Boyce Robert Shults Phillip Carroll James B. Sharp James E. West Ex-Offic;o
J. C. Deacon Paul B. Young Robert D. Ross James Buttry Robert L. Jones. Jr. James B. Blai r Earl J. Lane Louis L. Ramsay, Jr.
The Wrightian Style . _ . ...... . ... _ . . . H Wm. Allen 28 We Remember- U.M. Rose _ . ... .. . ........ _ . _ .. . . 9 Rosemary Wright .. ..... .. __ .... . . ... . _ . _ .. . .... 5 It's Assizetime in Arkansas .. . _ . . .. E.R. Bethune, Jr. 22 Standards for Administration of Criminal Justice . _ Judge Howard C. Bratton 30 The London Scene .. _ .... _ _ _ . . . . 44 Admissions Ceremony .. .. _. . .... _ 21 Professional Liability Insurance Problem 18 18th Mid-Year Meeting Program. . 14 Judges and Prosecuting Attorneys' Workshop on Standards . .. . . _ . . •....... _... . . 39
REGULAR FEATURES About the Cover _ ... _ .. . . . . _. Winslow Drummond 10 President's Report . _ •... ... ....... _. J. C. Deacon 3 Juris Dictum ..... ___ •...... _ . . .. C.R. Huie 6 Law School News . .... .. .. ..... . R_G_ Brockmann 12 Oyez, Oyez . ... ........ _ . .... . ... _ . B_ Ghormley 2 In Memoriam ... . _ ...... _ . . . . . . . . . . _ .. . - - . - 17 Executive Committee Notes . _ _ . .. ... Robert D. Ross 38 Published quarterly by the Arkansas Bar Association , 3 14 w est Markham, Little Rock,
Arka nsas
72201 .
Sec ond
class
postage p ai d at Little Rock, Arkansas.
Subscri ptio n price to non-members of the Arkansas Bar Association $6.00 per
year and to membe" $2.00 per year included In i1 nnu.a1 dues. Any opi nion expresse d herein is t hat of the autho r, and not necessarily that of the Arkansas
EOITORIAL COMMITTEE Robert D. Ross Philip E. Dixon C. E. Ransick
NOTE : This is the first issue in Vol. 5 . The last issue was Vol. 4 No.4, published in November 1970.
Bar Association, the Arkansas Lawyer, or the Editorial Comm ittee. Contribu· tions to the Arkansas Lawyer are wei· come and should be se nt in two copies to the Arkansas Bar Center, 314 West Markham, Little Rock, A rkansas 72201 . All Inquiries regarding advertising should be se nt to Adve rtising Department, Ark · ansas Lawyer. Post Office Box 4117, North Little Rock, Arka nsas 72116
By B. Ghonnley Judge and Mrs. Oren Harris, El Dorado, were guests of honor at
• IS •
a luncheon at the University of Arkansas in Fayetteville where he had given personal papers , files , and other records which he accumulated during his 25 years as 4th District Congressman to the new University library . Mary Burt Nash and Neva Talley participated in the Arkansas " White House Conference on Children and Youth " held in Hot Springs. Mrs. Talley spoke to the Little Rock Business and Professional Woemn's aub on "What Women can do in the Seventies to Help". James B. Gan· naway, Little Rock , has been elected President of the Ouachita Girl Scout Council for 1971-73 . Henry Morris, DeQueen, has filled the vacancy created by the resignation of John Hainen as City Allorney. Circuit J udge Paul Wolle, Fort Smith , was elected President of the State Judicial Council of Arkansas at its annual meeting held in October . Judge Terry 8I1ell , Jonesboro, was elected Vice President , Hon C. R. Huie, Little Rock, was re-elected Secretary and Circuit Judge To m Digby , North Little Rock , was re-elected Treasurer. West Memphis City Allorney R. E. Wallin has been elected President of the Arkansas City Attorneys Association . Raymond E. Tyra, formerly of North Little Rock, has been appointed Assistant Director in the Law Student Division of the ABA . Circuit Judge Andrew Ponder , Newport , was recentl y appointed to the Advisory Council of the Criminal Ju sti ce Information System . Guy Jones. Jr., Conway, has been
monr book
nam ed state Chairman of the Environmental Law Section of the Ameri can Trial Lawyers Association to halt environmenta1 des-
truction . Robert J. Brown, Little Rock , will be Jim Guy Tucker 's Chief Deputy Prosecuting Allorney . A plaque which honors the late Judge Quinn Glover has been hung behind the judge 's bench in the courtroom of the lillie Rock Police and Courts Building . Richard H. Mays, El Dorado , has announced the removal of his offi ce to 211 East Elm Street. Leslie Evitts, Fort Smith , has be· come associated with White & Martin . The law firm of Davidson & Plastiras announced that All an W. Horne, formerly the in· surance Commissioner for Arkan sas , has been added to the firm nam e and thi s partnership will practice law under the firm name of Davidson , Plastiras & Horne. Mahlon G. Gibson,
His goodwill is the key to continued growth of our tru st business. That's why we have alwa ys respected the attorney's prerogatives in the trust and estate field. We do not draw wills or trust agreements ..• a nd we do not give legal advice. We do make every effort to help attorneys in a ny way they feel appropri ate. If yo u feel that our ex perience in a dministration of trusts and estates c a n benefit you and your client .. . we're as close as your phone.
Fayetteville , has withdrawn from the firm of Niblock , Hipp & Gibson and is practicing at 1949 Yates Ave. Horace Fikes, Jr., Pine Bluff , has opened his own office in Room 509 of the National Building . Richard Jarboe, formerly of Jonesboro , is now located
in Walnut Ridge with offices in Clark Center. Van Taylor has opened an offi ce for the practice of law at 115 Locust St. , Dar· danell e . James M. Simpson, Jr. , Pine Bluff, has become asso·
ciated with the law firm of Bairn , Bairn & Mullis . John W. Sim· mons and Owain Needham both of Arkadelphia will associate together with la w offices located in the Merchants & Planters Bank Building . Ed Jones, formerly with the Murphy Oil Co ., is now associated with Litlle and Lawrence in Bentonville. A
Douglas Heslep Memorial Scholarship Fund has been es· tablished at the Phillips Community College under the sponsor· ship of the Phillips County Bar Association . Byron Bogard, Deputy Prosecuting Attorney for North Little Rock, has decided
SIMMONS FIRST NATIONAL BANK
to make this his last year as a prosecutor after serving under six
different prosec utors . Howard County now has a fifth generation of Steels with George E. Steel. Jr . being its newest addition . M. Drew Bowers , LitUe Rock , celebrated his 84th birthday in Oc· tober and still active in th e practice of law . Herbert Rule, Little
MEMB E R FDIC
Rock , spoke at a meeting of the White County Life Underwriters Association on "Estate Planning and Retirement. " Jac k Lessenberry . Little Rock , was a member of a panel discussing crime in Arkansas on the television program "At Issue" spon·
PINE BLU F F
sored by KTHV . 2
PIESIDIIT~S
BIPOBT By J. C. Deacon
buHding in Li ttle Rock, and an addition to Waterman Hall in Fayetteville. This will involve legislation and com-
Fortunately, he has also given his time
You will note on other pages that a workshop on the Standards of Criminal Justice is scheduled in Hot Springs on January 20-21 for judges,
and talent to the objectives of the or-
prosecuting attorneys and other inter-
ganized bar at loca l, sta te and na-
ested lawyers. Professor Ray Guz-
necessary drafting work. The law school building in Fayetteville is badly
tionallevels. Honorable U. M . Rose of Little Rock served as President of the
man, as project director, with the ass ista nce of several law stud ents, has completed work on a comparative
All of us a re proud of Ed Wright. He is truly one of the outstanding lawyers to practice at the bar of Arkansas.
American Bar Association in 190 I . 'oW for the second time in history and for the first time in seven ty years,
an Arkansas lawyer has been selected as leader of our national bar. Since all of us are bursting with pride, it is fit-
ting that we dedicate this issue of The
kansas will resu lt in imple menting legisla tion.
Arkansas Lawyer to him . We
a lso
plan
something
stud y of three "standards." They will be presented in workshop format with knowledgeable national experts in the field participating in the programs. We are hopeful that the work product o f this study o f cr iminal justice in Ar-
more
tangible to honor Ed . Certainly it would please him to see the American Bar membership among Arkansas lawyers substan tia ll y increased during his year ~, s President. Membership is
already enjoyed by 150,000 lawyers and judges across th e nation. In percentage of members to lawyer popula-
tion, Arkansas ranks 44th among all the states. Only 40 per cent of our lawyers belong. Stephen Matthews of Pine Bluff and Handy [shmael of Jonesboro plan an in-depth campaign for new members starti ng in late
J anuary. I hope tha t every lawyer and judge in Arkansas not now a member will express th eir appreciation to Ed
Our annual Mid-Year Meeting will s tart wit h the adjournment of the Work sho p. A join t lun cheo n is
sclHxluled on Thursday, January 21, a nd we will be honored to have both Ed Wright and Mr. Justice T om C. Clark with us. Our program for the meeting wi ll be two-pronged. We will ha ve nat io nall y known speakers disc liss in g the new federal discovery rules and we will also have an informative "nuts a nd bolts" session o n the defense of a criminal case. Yo ur
wife should be with you in Hot Springs because there will be interestin g and va ried en tertainmen t for the
ladies.
respo nding affirm atively to an invita-
You have read abo ut our proposal to the University of Arkansas for the establishment of a day division and
tion for ABA membership.
the construc ti on of a new law school
Wright for his unselfish and dedicated service to the profession by promptly
3
mittees are now busily engaged in the
overcrowded and law books are pre-
sently being stored in a separate building. We are convinced that we need to upgrade and improve legal educa tion in o ur state and we think
that this can best be done by the University of Arkansas providing quality legal ed ucation at both Fayetteville and Little Rock. We are indebted to Ed Lester of Little Rock for his dedicated and tireless efforts to make this project a reali ty. Other com mittees with ambi tious and progressive programs are hard at work . For exam ple, o ur Economics of Law Practice Committee is considering regio nal seminars on law o ffice management and is also planning a conference for lega l secretaries to be
held in Little Rock. Our Desk Book Com mittee should have a revision
ready for you soon. Several of our committees arc engaged in drafting recommended legislation in their
respective fields. Space does not permit further details. With our Bar year half over, we have up a full head of steam and a lot of work going on. It is gratifying to find so many lawyers in Ollr sta te eager and willing to devote 8 portion of their time to the improvement of th eir profession and our system of justice_
The Arkansas Bar Foundation Honors One of Its Founders - A Man of Foresight and Action - - - -
The Honorable Edward L. Wright
4
"Behind Every Great Man路 .. " The two Arkansans who ha ve asce nded to the presidency of the American Bar Association share man y of the same attributes of greatn ess----one of them
is having married the right kind of wife. In the " Memoir " of Judge U. M . Rose written by his son George B. Rose, a line reads: "Though the fath er of ten children . .. no household cares were suffered to intrude upon his studies or his labors." Mrs. Rose's devotion and her attitude toward the importance of her husband's work is clear from these
few words. Mrs. Wright 's d evotion and attitude are the same. The Wright
Rosemary Wright
famil y. in growin g up . were very close and affecti onately concerned with one another's acti vities but wh en Mr. Wright closed th e door to his study , it wa s clearly understood that no household cares were to intrud e.
At the Association's Annua l Ba nquet, evening of June 4, 1970, Mrs. Wright was presented an antique silver platter. appropria te ly inscribed. "To
Rosemary-with sincere thanks for being Mrs. Edward L. Wright-Arkansas Bar Association. June 4. 1970 ". Rosemary Wright was born in Little Rock, the daug hter of Tillie IDuttlingerl and J ohn Tuohey. After finishing the University of Arkansas she did grad uate work at Colum bia. then worked at the Little R ock Public Library while wa iting for the " Wrig ht" man to come along. Rosemary and Ed were married at SI. Andrew's Ca tholic Cathedral in Little Rock. Their children are Edward Ledwidge Wright , Jr. who is called Ned ; Hosema ry Gill Wright who is Mrs. Philip S. Anderson a nd who is called Missy ; Bridget Wright who is Mrs. Frederick B. Warner of Albuquerque, New Mex ico ; and Ka thleen Ledwidge Wright who is Mrs. James H. Atkins. The Wright grandc hildren. at the present writing, are Sarah Wright, Sidney Anderson. Wright Anderson. Kate Anderson. Kathleen Warner , Chris Wa rner. Page Atkins and Mary Atkins.
N ed. Bridget. Kathleen. Miss y
Page
Sarah 5
Kath y & Chris
JURIS DICTUM bV C. R. Huie Executive Secretary, Judicial Department
The Model Student Practice Rule adopted by the Supreme Court on February 23, 1970 as Rule XII of
The Arkansas Society of Certified Public
Rules Regulating the Practice of Law was recently employed for the first time when, on November 16, 1970, applications and certifications were
filed with Jimmy H. Hawkins, Clark of the Supreme Court. The students certified by Dean Ralph C. Barnhart of the University of Arkansas School of Law were:
Robert C. Banks, Jr., Fayetteville, Ark., Gary P. Barket, Fayetteville, Ark., J. Steven Clark, J onesboro, Ark., James E. Oarr, Jr., Fayetteville, Ark., Roy T. Douglas, Fayetteville, Ark., Vincent W. Foster, Jr. , Hope, Ark., Michael Lee Gibson, J acksonville, Ark., James P. Hamilton, Cape Girardeau, Mo., Loyd T. Harper, Fayetteville, Ark., J ohn H. Jackson, Gurdon, Ark. , Dan P. Kennett, Leachville, Ark., Robert S. Laney, Camden, Ark. , Day Drew Luttrell, Leachville, Ark., Claude Earl Lynch, Jr. , Osceola, Ark., John K. Martensen, Fayetteville, Ark., Charles J . McCall, Fayetteville, Ark., Wallace McClain Moody, EI Dorado, Ark., Walter Watson ixon, III , Jacksonville, Ark., John Richard Oare, Jr., Monkton, Maryland, Stephen P. Sawyer, Siloam Springs, Ark., Jay Noble Tolley, Little Rock, A.k., Wm. P. Walters, Branch, Ark. and George Alan Wooten, Fayetteville, Ark. The law students listed above were certified by Dean Barnhart as being of good moral character, of competen t
legal ability; adequately trained to perform as a legal intern; and having complete legal studies amounting to at least four semes ters cred it.
Under Rule X II these law students may appear in any court or before any administrative tribunal in this State
on behalf of any indigent person, if the person on whose behalf he is appearing has indicated in writing his consent to that appearance and the super-
vising lawyer has also indicated, in writing, approval of the appearance. The rule which was sponsored
before the Supreme Court by the Ar-
on 1lis #Jlec on to Presidency of the American Bar Association
kansas Bar Association is meant to provide assistance to lawyers who
represent clients unable to pay for legal services and to encourage law schools to provide clinical instruction
in trial work of varying kinds. In civil matters, the legal intern may appear in such cases and the supervising lawyer is not required to be personally present in court, pro-
vided that the court or administrative tribunal before whom the appearance 6
is made has reasonable advance n<r tice, and the person on whose behaU an appearance is being made consents to the absence 01 the supervising attorney. The legal intern may appear in criminal matters in which the defendant does not have the right to the assignment of counsel under any constitutional provision, statute, or rule 01 court. In such cases the supervising lawyer is not required to be personally present in court, if the court or administrative tribunal has received reasonable notice in writing and the delendant consents to the absence 01 the supervising attorney. The student may also appear in any criminal matter in which the delendant has the right to the assignment of counsel un-
der constitutional, statute, or court rule provided that the supervising lawyer is personally present throughout the trial or proceeding and is lully responsible for the manner in which the case is handled. The law student may also appear in any criminal matter on behal! 01 the State with the written approval 01 the prosecuting attorney or his authorized rep rese ntative and of the supervising lawyer. [n each matter the written consent and approval must be med with the record 01 the case and brought to the attention 01 the judge 01 the court or th e presiding officer of the administrative tribunal. Prior to engaging in trial work of any nature, the student must be introduced to the court in which he is appearing by an attorney admitted to practice in that court and may neither ask for nur receive any compensation for his services in connection with any court appearance. He must also certify that he has read and is familiar with the Ca nons of Professional Ethics of the American Bar Association . The member of the Bar under \\路 hf)~{: supervision an eligible law student engaged in the practice permitted by this rule Illust be approved by the Dean 01 the law School in which the law stucient is enrolled, must assume personal professional responsi bility for the student's guidance in any of the work undertaken and for supervising the quality of the work done, and must agree to C:lssist the student in his preparation to the extent the supervising attorney considers necessary.
In addition to court room activities, the law student may prepare pleadings and other documents to be med in any matter in which he is eligible to . appear and may prepare briels, abs tracts, and other pleadings to be liIed in appellate courts. However, such pleadings, briels, and other documents must be signed by the supervising lawyer and must also contain the name 01 the eligible law student who participated in dralting it.
While the student practice program is as of now in its infancy, it is hoped that the tW<rlold purpose 01 its adoption by the Supreme Court will prove 01 benelit, not only to those persons who are unable to pay lor legal services, but also to the law student who makes his services available wi thou t charge and to the supervising attorney who will guide the young practitioner through the initial phases 01 his career in the law.
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WORKBOOK FOR ARKANSAS ESTATE PLANNERS MITCHELL D. MOORE . WILLIAM H . BOWEN
A Complete Source for Planning Estates in Arkansas Planned exclusively for Arkansas lawyers, it is based on the statutes, cases, regu lations, and tax situations of the state. This workbook serves as a guide to drafting 8 simple will , testamentary planning for benefit of minor or aged , forms of property ownership, purposes and techniques of making gifls, drafting partnership and business purchase agreements a nd many other important topics. The hand y loose-leaf format makes this source a unique working tool - an invaluable reference for the Arkansas lawyer.
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REID'S BRANSON INSTRUCTIONS TO JURIES 7 VOLUMES WITH CURRENT SUPPLEMENT
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J ONES LEGAL FORMS THREE VOLUMES. 68 CHAPTERS
$60.00 Contact Your Bobbs路 Merrill Arkansas Representative, Mr. Joshua E. McHughes 1408 Bowman Road Little Rock , Arkansas 72205
The Babbs-Merrill Company-Inc. 4300 W. 62nd St. / Indianapolis. Indiana 46268 Anv reseller IS fl ee 10 chargewhal ever pnce II WIshes fOl our books.
7
Unselfish service to his fellow man has marked the career of Edward L Wright, Sr. For twency路one years he has given of his time, talents and wisdom as a valued member of the Board of Trustees of Arkansas Blue Cross and Blue Shield. Because o f his dedication 10 high prin. ciple, life has been made better for OUf 428,000 Arkansas members whose interests he serves generously and well.
HE STANDS TALLEST WHO MAKES LIFE BETTER FOR OTHERS
All of Arkansas can share the pride (hat is ours as Mr. Wright receives the highest honor his profession can bestow: election (0 the Presidency of The American Bar Associa tion. Edward L. Wright, Sr.- a man who stands ta ll because he makes life beteer for others.
ARKANSAS BLUE CROSS AND BLUE SHIELD, INC. Sixth and Gaines Streets
little Rock, Ark . 72203
8
We Remember . ...
U. M. Rose (1834-1913) During Edward L. Wright's term of ollice as president of the American Bar Association it is natural to be reminded of another citizen of Arkan· sas who also served in that capacity. Judge U.M. Rose was president of the Association in 1901. Uriah M. Rose was born in Ken· tucky in 1834 and spent his early years there. H e despised his first namc, which is of Biblical origin, and almost never used it. Perhaps he would have escaped it altogether had David Copperfield, with its contemp· tible Uriah Heep, been published a
months while the state capital was at Washington, Arkansas, Judge Rose continued to live in Batesv ille, making
the two-day trip to Little Rock on horseback whenever necessary.
Judge Rose's opinions as chancellor were often adopted on appeal by the Supreme Court. Typifying his style, his justification of the statute of limita tions may never be equalled: uThe sta tute of limitations is
made to cut 011 stale claims. The law wisel y holds that there shall corne a time when even th e wrong,,~
possessor shall have peace; and
few years earlier.
that it is better that ancient wrongs
Judge Rose's father, Dr. Charles Rose, had a passion for teaching his children a nd believed that education should begin in the cradle. Judge Rose
should go unredressed, than that
once wrote tha t he could not remem-
Alter the War Judge Rose resigned
ber when he could not read and that he had been put to studying Latin
his position as chancell or and entered
ancient strife should be re ne wed. "
Cunningham V. Bnlmback, 23
Ark. 336 (1861 I.
teaching his children himseU, also
the practice of law at Little R ock, where he remained until his death in 19 13. His family, comprising nine
employed a private tutor for them; so
children wh o grew to maturity, was so
young Uriah was reasonabl y well educated when both his parents died within the year before he reached six·
large tha t Judge Rose never felt able to accept public ollice again. For that reason he later declined a federal judgeship and a seat in the United States Senate Ithen elected by the state legislaturesl . In 1907, however, he did serve by appointment of the President as a delegate to the Hague
when he was five. Dr. Rose, besides
teen.
Alter Dr. Rose's death the boy ob· tained work as a deputy circuit clerk whil e he continued his studies and
began to read law. In 1853 he gra· duated from the Transylvania Law School only six months alter he en· tered the school. In the same year, at the age of nineteen, he married Miss
still valued by those having copies. Judge Rose's literary style combined freshness of thought with imaginative expression . His d eep reverence for th e law appears in an address delivered in
St. Louis in 1902: "There never was any system of law that wa s not better than no law. Fortunate ly it is self-preserv-
ing and indestructible. Anarchy is for a day; but the law is for all time. Good laws are among the
most imperis hable of all the crea· tions of man; and Napoleon was
right when he said that he would go down to posterity with his code in
his hand . "I think that every lawyer
t<r
ward the close of his career must
Peace Conference. Accord ing to those who kn ew him,
sometimes feel as if he had always been chasing a rainbow. Hard as he
Judge Rose's outstanding physical
ma y have toil ed , ex tensively and patiently as he ma y have burned the midnight oil, th e serene and
trait was gracefulness, of movement, of manner and of speech. He was best kJl0Wn , however, for his profound
Margaret T. Gibbs, and the couple came to Batesville, Arkansas, by water-8 journey that took fifteen days. It was the milder Arkansas c1i·
scholarship. He had the rare abili ty to read by the page instead of by the
to fix its limits , to distingu ish its
mate that attracted th e young couple,
word or line. In his earl y years in
coun tl ess rules and excep tions that go to make up its wondrous fabri c. It is the mightiest crea tion of the
Judge Rose's health always being somewhat frail. A small inheritance enabled Rose to spend about two years in the further study of the law before he began a regular practice. His natural ability and his thorough preparation quickly won for him a position of leadership among members of th e bar, des pite his
comparative youth. In 1860, without his knowledge, he was appointed chancell or of the only chancery court in Arkansas, whic h exercised state-
wide jurisdiction. Except for the
Little Rock he mastered both French and German, learning the pronumcia-
tion from Eu ropean citizens who had come here to live. Thereafter he read widely in both languages. His library eventually exceeded 8,000 volumes, all of which Iexcept for reference booksl he had read . His eager search for knowledge ex tended to all sub·
infinite law defies his puny ellorts precepts, to define and classify the
human intellect. I t has not been made by any one man, or by any millions that can be computed, or in a hundred years, or in a thousand yea rs. Beginning as a mere
rivulet before the dawn of history it has come down through all the
jects, with especial emphasis on jurisprudence, history , and science.
ages, receiving at every step some
Alter Judge Rose's dea th one of his sons, George B. Rose, published a col· lection of his addresses in a volume
become a mighty river, and at la st spreads out until it presents a shoreless sea."
9
additional rill or rivulet until it has
Cover Story - - "The Arkansas Lawyer" - Edward L. Wright By Winslow Drummond Editor's Co mment: We question Mr. Drummond 's "egregious". Webster's Dictionary has two definitions of rather opposite meaning for "egregious", viz., "1. ow Rare. Prominent; eminent; distinguished. 2. Conspicuous for bad quality." Certainl y the second usage d oes not pertain-in the words of Arkansas Bar Association President J. C. Deacon, " the a rticle on Ed Wright is absolutely magnificent-a great job of portraying the ma n in just the way he deserves-and is." Mr. Dnommond is a member of the Wright, Lindsey & J en nings firm of Little Rock. Acceptin g th e ass ig nme nt to inform
tho membership of the Arka nsas Bar Association abou t Ed Wright has pr<>ven to be an egregious mistake. M 05;t of you are already famili ar with his career throug h your activities in the Associati on and your personal and
professional contacts with Ed. The rest can readily fill in the blanks by reference to Martinda le·Hubbell and Who 's Wh o in America. When you have digested all of the data, you are forced to conclude that he re is a lawyer who has ind eed put it all together. He has earned all of the honors, has won all of the awards , and
has held every office. Ed's curriculum vita. has been fully compiled a nd published previously. What else need be said ? No author of a biogra phical sketch can reall y know his subj ect. And I am not eve n certain that any one Arkan sas lawyer truly kn ows th e totality of
Ed Wright as a person. T o some he is a legend. T o others he is a n acq uain· tance. T o many he is a warln, personal
fri end. And to those of us so privileged to be associated with him in the pra c~ tice, Ed is partne r, fathe r confessor,
member of the famil y, and the life of the party.
subversive, but ] had never heard of the man. I envisioned a somewh a t stodgy in div id ual with authoritaria n demeanor and a shock of hair, sn ow~ whit e in color, if ind eed he wa s to ha ve any ha ir at all. Wrong on every count ! For I was introduced to a congenial, sin ce re ma n wh o imm e d ia te l y manifes ted an obvious personal con ~
Mr. Drummond
not without com petition.
Ed and Rosemary have three child · ren w ith respecti ve spouses and a total
of six gra ndchildren (as this is writ· ten I living in Little Rock. Another dau ghter, son~in~law , and the ir pro-
geny reside in Albuq uerque, making lew M ex ico a {avorite site {or ABA
work. In any event, Ed enj oys drop·
cern a nd affection for a student and
ping in {or short , noc turnal visits with
an utter stranger. I was awed by his impeccabl e grammer and precise voca bul ary even in infonn81 co n versa~ tio n. He exud ed warmth without unc~
are short visits accordin g to Ed's recoll ection ; they are somewh a t more protracted according to R osemary's
tion. And I could not discern a grey hair on his head. On my fi rs t d ay to report for work ,
kitchen clock. For, Ed's trip home is frequently extended by a stop at the home of another child, namely one of
none othe r than Mr. \V right was to dr ive me to the office. I was awak e ned
the local grandchildren. At least, they
his young assoc iates. All of us have
by the d oorbell a nd promp tl y began
ex perienced responding to the door· bell to find Ed , informally attired ,
curs in g
alarm
standing on th e porch and asking,
clock. I I had neglected to se t it. I Clad in pajam as I opened the door to find
" Would you mind if I step in for a
th e
malfunc tion in g
my new em ployer smiling and with
hand extended, " I kne w you did not hear the horn. Here is your Gazette." An emoti onally shattered associate's first glimpse of his second father. M y introduction to his wife fol· lowed shortl y thereafter when Mr. and Mrs. Wright came to call . "Lou and Win , this is R osemary."
Several ye ars ago ] was searching
" How do you d o, Mrs. Wright."
for any job at any place in the United States, and by a stroke of pure luck was invited to Little R ock to be inter~ viewed by a firm whose letterhead led off with the name of Edward L. Wright. T o an Arkansan and particu· larly to an Arkansas lawyer this mal' sound heretical if not downright
"My name is R osemary, and he 's
·Ed·." Ed calls her " Baby," and she has a firm hold on first place in his life. Her secure position is not disturbed in the slightest by the demands of the America n Ba r Association or by the call of the jealous mistress. Ve t she is 10
nightc ap?" H e is a m ost consid erate guest. S in ce the new assoc iate is
barely able to buy groceries, Ed brings his own beverage. Once in side the door, his proced ure neve r varies. The
bottle i handed to the host with are· qu es t for a "lig ht " Scotch and water-
an order for Scotch on the rocks. He then makes a phone call . " Baby, I've been delayed a few minutes. 'Bye." Presumably, th e other end of the conversati on wa s, HH ello." That's it ,
and the host had better ha ve the light Scotch and water ready. His telephone technique at the of· fice is equally succinct in method. \Vhe n he is ready to terminate a
conver a tion, he simply says, " Good boy," and hangs up. The other party
apparently appreciates this kind appellation even while listening to a dial tone. At least no one has reported being offended. A demonstration of Ed's ability to handle a volume of telephone con ferences in this manner
could well be included in a program on legal economics.
Of the "senior" members of the bar of Arkansas, Ed has probably the widest acquaintanceship and general rapport with the youn ger lawyers and lawstudents. Anyone requesting an opportunity for an interview wil1 in·
variably be received by Ed himself. The conversation will cover all significant aspects of practice in Little Rock and other localities in the state. Inquiries about specific firms and individual law ye rs ar e an s ''I'c re d
candidly, but never critically. N ewly licensed lawyers usually meet Ed in the context of an ad missions ceremony in the Supreme Court or at a "Bridging th e Gap" seminar where he will appear on the program or at an attendant recep tion. His aCfinity to ymmg lawye rs stems not only
from his personal enjoyment of their company; he genuinely feels an af-
firmative obligation to upgrade the quality of the profession by driving home the importance of adherence to
legal ethics as the fl edgling lawyer is about to em bark on his career.
Objectivity dictates revelation of a fatal n aw in Ed's character. He must be the onl y male in Arkansas above.
Ed, the members of his committee on revising the Canons of Ethics, and a number of ABA officials and ex·officials we re in attendance at a dinner
party held in a private home in another city. Although the affair was pri· marily social , Ed was to make a presentation of an award to an honored guest. His remarks were
typically brief and gracious. However, his audience was disturbed by the racous voice of one of the guests-a
foml er president of the ABA. Ed simply turned his head, raised his voice slightly, and , addressing the of· fender by his first name, said,
" can you hear me? All of us can hear you. " He then proceeded as if nothing had occurred, his listeners sharing a sense of appreciation and near awe. The person wh o passed on this story
volunteered that "only Ed could have pulled it 011. _ _ __ _ _ _ __ would have e at en anyone e lse alive."
Ed recentl y add ressed the a nnual meeting 01 the State Bar of Michigan in Detroit. On the evening preceding his sched uled appearance, he attended a dinner of the Michigan F ellows of the American College of Trial Law· yers. Late that night J was visiting with a group of non·American College
less about seein g the Razorbacks play
lrom Frank Broyles and the Razor· backs which he proudly displays to the more ardent supporte rs of th e
Hogs. He is also most adept at scanning the head lin es on the sports pages, picking out the name of one of the weekend's he roes, and then befuddling his close friends with gra tuitous comments as uHow about Johnny U.
completing 64 per cent of his passes?"
" J just saw the damndest thing. You won't believe it. J was at the American Coll ege dinner. This guy Wright from Arkansas, the ABA president , was asked to speak. There weren't supposed to be any speeches,
and J was looking for an exit. Well, he stood up and acknowledged the pre· sence of eve ry one worth mention ing with a personal re mark about each , expressed his appreciation to his hosts, and sa t down . You couldn 't
have written it more beautifully if you worked a t it for a week, and he said it all in less than tw o minutes, and com-
pletely off the cuff. Damndest thing J ever saw. And the guy's Irom Arksn· sas t. " J quickl y pointed out that Ed Wright merely typified the caliber of the Ark ansas bar in ge neral.
Un like the preceding anecdotes, there is a point to this story. In attempting now to honor Ed through dedica tion
or thi s
publication to him ,
we should be mindful of the fac t that he continually honors us. For, to the
lawyers of America, Ed Wright is " the Arkansas lawyer." This concepti on is
therefore applied Irom time to time and in some degree to each of us. How
appropriate it is that The Arkan sas
lawyers wh en the partner of one of them , not kn owin g wh o I \\'as, sa t
Lawyer has chosen this occasion to
down at the table and interrupted all
Arkansas lawyer.
pay a much d eser ved tribute to the
NOTICE TO MEMBERSHTP
the age of four years wh o couldn 'I care ball. Ye t, for some unknown reason, he always rece ives a Christma s card
conversati on with thi s statement.
Chairman E. Harley Cox, Jr. of the Jurisprudence and Law Reform Stand ing Committee of the Arkansas Bar Association req1lests that the Association me mbers ca ll to his attention an y suggested "reforms of th e substantive law and improvement in practice and acti on of the courts" for his Committee's conside ration (Section 3, Article IV, Association By-Laws). His address is S imm ons First Na-
tional Building, Pine Bluff, Arkansas 71601; telephone, Jefferson 4-52 2 l.
CONGRATULATIONS ED WR IGHT
~~ ~~
Few of us have first-hand know-
ledge 01 the high respect and esteem in which Ed is held by his colleagues in the upper echelons of the ABA. atllrally , his election to the presidency is itself indicative of this. But he
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possesses a lmiqu e qual ity of character and personality whic h, according to the narrato r of the following anecdote, sets him apa rt-" Places him in a
& TRUST COMPANY CONWAY. ARKANSAS 72032
class by himself. " 11
directly to the School of Law official final transcripts showing the award of a baccalaureate and each higher earn ed degree, a registra tion fee and a photograph for identification purposes. Pros pective applicants should write directly to the Law School for the a nswer to any questions that they might have. Inquiries and applications are cllfren tly being received at the average rate of 6-8 per day. By Professor Robert Brockmann
Final fall semester enrollment figures at th e Fayetteville campus of the Law School totalled 442. Of th ese, 19 I were beg inning fr es hm e n . Enrollment at Little Rock totalled 126. Beca use of the pressure of this greatly increased enrollmen t it has become necessary to limit en rollment of fres hmen stud en ts to the fall Beg inning fr es hm e n se mes ter. stud ents will now be ad mitted on ly in th e fa ll semester. In addition , th e Law School has instituted a new selectiv e admission proced ure which dupli cates th a t in use by a large number of the other major law sc hools in the United States. A description of th e process may be interest ing and helpful. [n add ition to
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th e space problem, the q uality of legal education depends, to a hlrge ex tent upon th e capabi lities of the stud ent. Therefore. in the admission process a va riety of factors will be considered , amo ng th em th e applicant's underg-rad llate acade mic record and his score O il th e Law School Admission Test. Appl icants are being ad vised to CUl1ll1lence th e process as early as possible in th e fin al year of their und ergraduate stud y. The Law School is a part icipati ng mel1lber of the Law SdlOo l Da ta Assemb ly Se rvi ce I L~ J)ASI which has been developed h." th e Law School Admission T est Coun cil with th e aid of Educational '('l's tin g Service. Prince ton , New Jt·rsey. Each app lican t I11l1st register wi th LSJ)AS by filing th e ir rt'gi~ t ra ti o n form. A transcri pt from cHc h coll t·gc or IIlliver~ ity attended by the app lica nt should also be sent, no t to the sc hoo\. but d irectl y to LSD AS. I.SD"S will ana lY1.e th e transcripts and se nd copies to th e law sc houl and to oth ers designated by th e appl icant on th e registration form . Each appliCHll t is also required to take the Law Sritool Admission '('est. This test is adl1l inis tered by Educational T estin g Sl'fviee. Print'l'to ll . Nt'w Jersey ~lt hundreds IIf colleges and universities !,ileh February. April. Jul y. October il nd J)ecember. This test should pr"'crably be taken by the ilpplicant IlO later than the I1cccmber preceding the app licatioll year as th e results of tile test are conl:iidcred as II pa rt of th e a ppl it a I ion for adm ission. I n addition, th e regular Un iversity of Ark ansas App lication for Admission should be fil ed. To insure considerati on. applica nts are being advised to complete the app lica tion process no later th an May I , of th e yea r of planned enroll men t. Thereafter , accep ted applicants will be asked to subm it 12
Professor Fred Spies a nd adj unct assistant professor, C harles Quimby recent ly attended the Annual M eeting " f the Southern M edical Society held in Dallas, T exas on November 17th. Dr Quim by, who is also Assista nt Professor of Anest hesiology at the U nivers it y of Arkan s a s Medical School presented a paper entitled "A re Anesth etists Being Held Liable With"ut Fault'!" Fred then discussed this and anoth er paper tha t was presented . Assistant Professor R obert G. Brockmann represented th e Law School at th e In stitute on Curriculum Reform and C linica l Ed ucat ion which was held at th e Ambassador Hotel a nd the University of South ern Ca liforni a L.aw Center in Los Angeles, California on November 20 to 22 nd. Ar t Murphey. Assistant Dean a t Little nock has been busy in addit ion to the duti es of tha t new position. He has been elec ted as H member of the COllllllercia l Law Bound Table of th e Associa ti on of America n Law Schools. lI ere in the state Art has been asked to se rve lin a cOlllmittee (or Extendi ng Co mlllun ity Co ull se lin g and Guid ance Services for College Students of the Pul aski Co unt y Association for Mpntal II l'alth and also has been appoi nted to the Advisory COl11mittee for Lt'gal ~ervices for the Ind igol'nt under th e Slate Oepcutl1lcnt of \Vd fare. Art recently had an article published "Cars. C redi tors. Hnd the Cod e: The Diverse Interp reta ti ons of ~eetions 9- :110." 19,0 Washin g ton Uni versity Law Q uarterly, 135. At the l.ittle noc k Division the ~ tlld('nt s have recently had their election for th e Stud ent Bar Association "ffieers. Elected were Robert L. Pierce . presiden t: R obe rt R. i\larqllardt. vice-president ; M",y E. Edmi s tun. sec re tary: J uhn T. Tuohey. treasurer; and Da vic! P . Henry. student rep resen tati ve to fa Cility meeti ngs. The facult y advisor for th e Student Bar Association is
Professor David R. Hendrick, Jr. Jim Hamilton, the student who heads up the Arkansas Bar Association Law Student Division at Fayetteville reports on their doings as follows: . "On Saturday 21 November 1970 a group of 18 young lawyers from the Washington County Bar Association and one law professor accepted a challenge to play the law students in a football game. The exhibition was held in Razorback Stadium on the Astro turf. The Law Students had the advantage from the beginning: They had
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NOTE: This new classified ad service in the Arkansas Lawyer is now available. Ad copy and inqUIries regarding advertising should be sent to Advertising Department, Arkansas Lawyer, Post Office Box 4117, North Little Rock , Arkansas 72116.
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participated in regular intramurals
since September; all three referees were law students; and many of the students came fresh from an undergraduate gridiron career. However,
with all this in their favor, the students were still barely able to squeak by with the final score being: Students-IO-Attorneys-7. After the game, all the participants relaxed in a friendly atmosphere beside a keg of beer provided through the courtesy of the Student Bar Association and the Law Student Division of the Arkansas Bar. I t just happened that most student division members were taking a three-
day Tax Final over the same period when the Ninth Annual Arkansas Federal Tax Institute was held. However, one stud ent, Roy Douglas, was
able to attend the institute. He reported a warm reception, tremendolls educational benefit, and a
great opportunity to speak with members of the legal profession. The sturies Ruy returned with had many stud ents looking forward to th e next Tax Institute in the Spring. The Arkansas Bar Association-Law Student Division has acquired ten II UI new members and now the total
membership is close to eighty (801 students. Last month the student members
took advantage of the opportunity to join regular sections of the Arkansas
Bar Association. The benefits of section membership are already being realized. The Family Law Section members have rece ived a personal
letter of welcome from Judith Rogers, and the Tax Section members have received a topic outline of the recent
Tax Institute. With quick tangible benefits such as this the membership in the Law Student Division should be even greater next year."
Arkansas Reports, 228 Volumes in excellent condition. Will accept best offer. Federal Reporters Second, I thru 248-Federal Supplement, Volumes I thru I 68-Arkansas Supreme Court Reports, 1 thru 235-Arkansas Statutes-Arkansas Digest. Call 563-5252 , Mitchell Moore, Attorney, Osceola, Arkansas.
I set CJS, James O. Fels, 103 Main, Pine Bluff, Arkansas 71601. Phone 534-8774 or 534-2689. TI,e following books are from the law library of the late Nathan R. Bickford Attorney at Law, Springdale, Arkansas. Some are out of edition now, and others may complete a library for someone loolcing for these books. If you know of someone looking for these books, please have them write for further information, and include a bid if desirous of obtaining any part or all of this library : Bouvier's Law Dictionary (Baldwin'. Student Edition 1934) Moore's Bankruptcy Manuel Arkansas Titles (Jones) Arkansas Chancery Practice (Jacobson I Arkansas Statutes 1947 1947 Annotated. Set of Volumes I through 8. U.S. Supreme Court Reports: Vol. 207-210; Vol. 163-166; Vol. 9-12; Vol. 1-4 (Books I &4); Vol. 13-16; Vol. 5-8 IBooks5 &8); Book 32, Vol. 127130; Book 39; Vol. 155-158, Book 35; Vol. 139-142; Book 34-Vol. 135138; Book 29-Vol. 114-1147; Book 30-Vol. 118-122. There are more of these, some New Mexico, New York & Mining Reports.
Southwestern Reporter (2 setsl I. Vol. 1-10 SW to 297-300 SW.; II. Vol. 14 SW (2dl to 346-350 SW (2dl. Digest of Statutes of Arkansas 1937. Vol. I. Sections 1-7615. Arkansas Digest Volumes I to 19 (setl. Indian Land Laws (Bledsoe Second Edition). Acts of Arkansas: 1963, Volume I and 2. 1965, Volume 1 and 2. 1967, Volume I and 2.1969 Volume I, Books I & 2 and Volume 2, Books I and 2 (new, still in mailer), 1961, Volume I and 2 and 1953_ Arkansas Reports: Volume 2,1839-1840 through Vol. 2011940-41, except volumes 4,6-11, 13-15-17,24, 26, 34, 37,42,44,55,56, 193, 196-200. Please mail your inquiries or submit your bids to me for acknowledgement and possible transaction of business. Thank you. Naomi E. Bickford (Mrs.1 11 5 Plum Avenue Springdale, Arkansas 13
Program-18th Mid-Year Meeting January
Mr. Justice Tom Clark
Pro/l'.HOY1. D. Lucus
Thursday . January 2 1 9 :00 a.m.
Mr. Ge(Jrge M. Veller
4 : 15 p.lll .
"Effec t of cw Rules on Sta te Prilcticc" SPEAK ER: GEO RGE M. VETTER
5 : 00 p.lll.
1:00 p.l11. Regis tra tion
"The Arkansas Picture" SPEAK ER : STEVE MATTII EWS
NOON - LUNCHEON SESS ION ........ Conference Centcr
Presi ding:
J. C. DEACON
5: 15 p.lll .
" Proposed New Consti tution :JIll! By-La ws" SPEAKER : WI NSLOW DR UMMOND
5:30 1' .111 .
ADJOURN ...... EVEN ING FREE
President , A rkan sas BilT ASSOl:: i,11 ion
Introd uction: EDWARD L. WRIGHT Presid en t. Am cr ic<l1l Bar Assuciation Speaker:
MR . JUSTICE TOM
r.
Frida y. Januar y 22
CLARK
"The Need to Implement the Standard s"
X:OO
a.lll.
10:00
a.lll.
AFTERNOON SESS ION ............ Cry stal Ball roolll MOR NING SESS ION
Sta ndards For Adminislralion Of Crim inal Justi ce
New Federal Rules Of Civil Proced ure
Presiding:
RICHARD A . WI LLIAM S Chairman , Legal Education ('oulll:: il
2: 00 p.l11.
"Changes in Spec ific Discovery Dcvkcs" SPEAKER : JO DESHA LUCAS
2: 45 p.lll.
"Changes in th e Scope of Discovery" SPEAKER : EM MET J. BOND URANT, "
3:30路3: 45 p.l11 . CO FF EE BREAK 3: 45 p.l11 .
" Discovery at th e Tri al" SPEAKER : PH I LIP G. ALSTON
Regis tra tion
.... . .. . ....... Cry stal Ball roo lll
Presiding:
PROFESSO R RAFAEL GUZMAN
Projector Direc tor,
Ark<lll Sil S
Project
on SlalllJard s or Crimin,1I Juslit.:c
9:00 9:20
a.lll.
'1.111.
"Th e Stilndards Implementa tion in Arkan sas" SPEAKER : JAM ES STOREY
"Rece nt Deve lopm ent s in Sentenci ng" SPEAK ER: EUGENE BARK IN
10: 15 a.l1I. 14
COFFEE BR EAK
21-22, 1971--Hotel Arlington, Hot Springs
/vlr. I:;ugelll! Barkin
Mr. lJemard I .. Segal
10:30 a.lll.
路'Quil.:k Trial s and Bett er Admini strat ion of Criminal Justice "
General Charles Decker
3:00 p.lll . Law Day COlllmittee. .......... Jupiter Tower
SPEAKER : CHARLES DECKER
Thursday. January 21. 1971
II :30 a.lll .
"Public D efe nd er Legisla tion in Arkan s;J s" 10:00 a.l11. Legal Educalion Council Venu s Tower o. I SPEAK ER: C. B. NANCE. J R. 10:00 a.l11. Taxalion, Trusl & ESlale NOO -LUNCHEON SESS ION .......... Cun ference Cenler Plann ing Section .. . . . . . . . .. M ercu ry T ower
Prt.! siliing:
Speaker:
JAMES R. RHODES . III
10 :00 a.lll. Crimina l Law Sec ti on
Co-Chairman, Mid-Year M eeting Committee
10:00 :..1.111 . Legal Aid COllll1lillCC Venus Tower No.2 10:00 a.lIl . Professional Ethics and Grievances Commiltcc ... . . Juno Tower No. I 10:00 a.lIl. Environmental Law Committee . ..... . ....... Juno Tower No. 2
ARKANSAS ATTOR , EY GENERAL RAY THORNTON "Th e Arkan sas Crill1iniJl Code"
AFTERNOO
SESS IO
.. . ......... Crystal Ballrool11
1:30 p.I11.5:00 p.l11. 5:00 p.l11.
Jup iter T ower
10:00 a.m. Conference of Local Bar
Defending A Criminal Case Pre sid ing:
. . .. .. .
Associations . ......... Appollo Tower
PROFESSOR RA FAEL GUZMA N "Nuts and Bolts Presen tation 011 Criminal Derense Work"
SPEAK ER: BERNA RD L. SEGAL
***--****-*****.******
ADJOURNME T
AMERICAN BAR ASSOCIATION MEMBERSHIP
COMMITTEE MEETINGS Wednesday. January 20 . 197 1 3:00 p.l11. Federal Legislalion & Procedures.
o. I
10:00 a.m. Jurisprudence & Law Reform Comm illee ....... . ... Appollo Towe r No.2 10:00 a.llI. Young Lawyers Seclion..... .. Fountain Room
Friday . January 22- 8: 00 a.m. (7 :45 a.m. Bloody Marys) BreaHasl Meeling .. ..... .... Monlagu Room Districl Chairmen ..... . ABA Membership Drive
Juno T owe r
15
A salute to Leadership & Citizenship
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16
in .tmnriam ARTHUR G. FRANKEL. SR .• (1884-19701. Born in Greenport. L.". New York. Attended public schools in Boston and St. Louis and in 1910 received his LL.B. Irom the Benton College 01 Law, St. Louis. He was associated with several title companies in St. Louis belore entering the lirst Oflicers' Training Camp at Ft. Riley. Kansas. Alter his admission to the Bar in ) 923. he practiced in both Little Rock and Camden until ) 928. alter which he maintained ollices in Little Rock. He was a member 01 the Arkansas Bar Association during the entire period 01 his practice. He served as a Special Associate Justice under appointment by lormer Governor Orval Faubus. He was an active Episcopalian.having served on the Vestries 01 Parished in St. Louis, Camden and Little Rock. He was a liIe member and first Master 01 Tower Grove Lodge in St. Louis. He was active in the early organizational days 01 M. M. Eberts Post o. I., American Legion, 01 which he was a member lor over 50 years. During this period, he was one of the founders of Boys' State. llis wife, Caroline C. Frankel. a retired Little Rock Public School leacher, succumed several weeks alter his dealh. They an- survived by LI. Col. Arlhur G. Frankel. Jr .. IRET.1. USAF and a grandson, Arlhur III. WAf.TER J. HEBERT. SR .• (1898-1970). Born in 51. Louis and nlOved 10 1101 Springs al age 3. He was a graduale of Noire Dame Universily and Cornell Universily Law School being admitted to the Bar in 1925. lie was pasl presidenl of Ihe Garland County Bar Associalion; served as Proseculing Allorney for Garland County from 1957 10 1960: and a former editor of Ihellol Springs Senlinel Record. lie was a WW I veteran; a past e.alted ruler of Ihe 1101 Springs Elks Lodgc and a member of the
American Legion. He was a member of St. Mary's Roman Calholic Church. He served as a delegate to Ihe Siale Commission on Governmenial Reorganizalion in) 967. He is survived by three sons, Walter T. Heberl. Jr., Little Rock; John Byron and Marcus Heberl both of HOi prings; a brother Dr. Gaston A. lIebert. 1I0t Springs and seven grandchildren.
JUDGE DOUGLAS S. HESLEP, (1912-1970). Born in Helena. Arkansas. He was educated in the public schools of Helena and attended Georgelown Universily. Received his law degree in ) 938 from Ihe University of Arkansas School of Law. AI Helena he served as Cily Allorney and Deputy Proseculing Allorney. In ) 945 because Municipal Judge of Helena and ... rved until his death. He was a member of Ihe St. John's Episcopal Church serving as its senior warden. \ eslryman and a lay reader. He was a presidenl of the lIelena Chamber of Commerce and active in other civic organizations.
He is survived by his widow and two 80ns.
COOPER 1970). On 2ft. 1970. resulted in
B. LAND. (1904the nighl of November a disaslrous home fire the death of one of Hot
Spring's most prominent lawyers,
his wife. Lena and daughter Mary. Mr. Land was a nalive of Pine Blull where he allended public !!Chool. lie did undergraduale work and received his la\\ degree from Universit) 01 Illinois. He was admitted to praclice in 1931 and had maintained his law office in Hot Springs for over 40 years. At Ihe lime of his death he was a senior member of the Wootton. Land and Mallhews law firm. He was a pasl president of the Young Lawyers Section of the Arkansas Bar Association; a member of the Garland Count)· Bar; the Kiwanis
17
Club; the ABA and the Arkanll88 Bar Association. He was a past president of the YMCA Board also being one of the organizers of the Hot Springs YMCA. Hewason the Board of Ihe Ouachita Memorial Hospital. He was a lay leader of the First United Methodist Church and on its Official Board. Immediate sun ivor is one son, Cooper
Land. Jr. of Colo.
BEN D. LINDSEY. (1920-1969). A prominent allorney of EI Dorado passed away as a result of an automobile accident. A son of B. D. and Vallie Lindsey. he was born in Coushatta, Louisiana. After finishing his education he passed the Arkansas Bar exam and was admitted to practice in ) 95 J. He was a WW 2 veteran; member of Ihe First Baptist Church; a Mason; a member of the Cinitan Club; the VFW; American legion; the Union County, Arkansas Bar and American Bar Associalions. In addition to his parents, survivors include his widow, Mrs. Clotine Lindsey; three sons, Bill, Simpson and Philip of EI Dorado; a brother and a sister. ERNEST W. MANER. (19131970). A native of Benton, Arkansas. lie served as both representative and senator of Garland and Saline Counties and as Judge of the Seventh District Circuit Court. He was Chairman of the Arkanll88 Workmen's Compensation at Little Rock then moved to DaUa8, Texas, where he took a position with the Social Security Administration. He was a member of the Methodist Church, the Arkansas Bar Association and a past president of the Ouachita Area Council of tbe Boy Scouts of America. He is survived by hi. widow, Mrs. Martha D. Maner;
8 80n,
grandchild; ters.
8
Walter Maner; one
brother and two .is-
The Professional Liability Insurance Problem "Sid Da vis. Chairman of th e Arkansas Bar Association's Group Tnsuran ce Plans Co mmittee. reported on th e proposed new group professional liability policy to be offered by Co ntinent81 Casua lt y Company throug h R ath er, Beyer and Harper. Th e company is offering a package to inc/ude professional liability, premises and business liability, non-physical type personal injury liability and non-owned automobile liability insurance. Th e compan y would guarantee that coverage would be available for at least 5 years and that th e proposed rate would be maintained for at least 3 years. Th e compan y would require that the Associa tion create
II
claims re view or eva luation co mmittee and es tablish an educational program co n-
cerningdocket control and other areas of high risk experience. The compan y agreed that if an al/orney already had package coverage of th e three items other than profession. I liability, that it would dele te those items of coverage for that la wyer. Mr. Da vis' Co mmittee reco mmended that th e Executive Commillee accept the proposa l.
Bob J ones moved th at th e Commillee approve th e of/ering of this coverage to Association members by Rather, Beyer and Harper. Motion was seconded by Jim BUllry and carriell . .. . ..
M inutes- Arka nsas Bar Association 's Executive Commillee Meeting, October 10. 1970.
A Solution -by James R_ Harper A seriolls problem confronts many members of the lega l profession through· IIlIt the country wi th respect to the increasing liability im posed upon them in the practice of their profession . This problem has been created primarily due to a change in thr clicnt·luwyer relationship triggered by a rights·conscious society. The magn itude of the problem has been increased by libe rali;.~ed courts and in· flat ion. I nflatioll IHis a resounding impHct on professional liabilit y losses. Losses are feportf'd anywherf' from the date of the occurrence to six years after the occur· f{'n(;{'. Th{' Selll f'J1lcll t da te can be several years after the loss is reported. The point is simply this : 'I'll(' premium is paid in 1963 and the loss is paid several Yf'ars latpr whc ll the doll ar has sllbstan tiall y decreased in va lue. In addition , the !lumber of claims are rising at an increasing ra te as are the size and number of IClrg-r lussrs. \,(!hen all this is taken into consideration, it is very difficult to deter· Illin(' an <ldrq llat e, ye t equitabl e ratr. All thrsr factors have created a strong need for professional liabilit y insllr· an ee, whi le simulatan eollsly callsing many major insurance companies to
cease insuring the professiona l liability of the lawyer. T his type of insurance is called errors and omissions insurance because virtuall y all losses are cansed by an error or H failllre to act.. In fa ct, "Fai lure to Act" caused
approximately 50 per cent of the losses. In general these losses are due to three types 01 lailllres :
II A breakdowll in th e firlll 's dockpi ('on trol system. ( In sevcral ( 'a sf'~ no RlIch systcm ever ex istcd . 1 21 Casf's involving a statllt e of limitations of a sLatr 11 0t famil iar to 11If' r('sponsihle lawyer. :H A case in volving a lega l specinlty not previollsly hand lrd by the rf'spollsib le lawyer. C i\1A· InSll rancc has designed a plan to provid f' a perma nent insllr-
18
ancr Illarkf't for the lawyer; additionalll y. this plan is designed to insure virtuall y all law yers. The base upon which lil(' program is built is a mllttlal cOllllll i tlll f'n L by Lh p Bar Association and CNA· ln ~t;nll1 cr to expand the lega l knowledge of th f' lawyer and to im prove the admi nistrati ve effi ciency of his offi ce. Whon the Arkansas nar Association first approved a Lawyer's Lin·
bility Plan for m embers in 1962, th e cos ts were very low and neither th e companies nor th e att orn eys realized how volatile this type of coverage
would become. Since that time bo th th e nu mbe r a nd size of claim s have increa sed at a n alarmi ng ratc, as has bee n reflected in the need for se vera l rat e increases. In an e rrort to reverse this trend, The Arkansas B ~lr Associa tion in cooperat ion wit h CN A-Insuran ce Hnd Rather, Beyer & 1-i;;lrper is now able to
orrer members a co mpl e te programnot onl y malprac tice insuran ce at a rea sonnble r(l te, but a mea ns of comba tin g many of th e cau ses of malpractice suit . This cooperative approach includes basic lia bility for bo th professional and perso nal liability coverage. The personal por tion of the oplionalullI bre lla program ,aiso includes a S2'i,OOO exccss llIajor IlIcdi cal C'lvera ge. The plan will be implem ented early in 191 1. Basica ll y, this is a five yea r
program und er wh ich rates tHe pretle Lcfl ll illed (ur the first three years under a ratin g process which refl ec ts a tre nd in losses. The pedorman ce of The Arkansas Bar progra m over the first three yeurs will be a maj or de ter minant in rates for th e fourth lind fifth years o f the program. This plan merits your individual attention bet:ause of both the long-term aspec ts of th e progral1l a nd of th e e mphasis on its edu c~l li onal ac tivities that focus on th e main cau ses of losses.
A Comment -by Sid Davis The legal practit ioner must becom e aware of the gr owing spectre of his po te ntial liabi lity for professional m aifeasance and non feasance. At the risk of sounding trite , it should be stated that the laws which govern us are growing both in n umber and compl ex ity, making it increasingly difficult to stay abreast. O ne result is a trend toward specializa tion, reducing the field of one's competence to munagea ble size_ If th e specialists occassionally m oves ou tside his fort~. his proneness to error or om ission increases. O n the other hand, th e ge neral practi tioner is oh en strained to the brea king point to keep curre nt in the ma ny areas of his prac tice. I t follows that error and omission are more like ly to creep in. As prac ti ces gruw and co urt s multipl y, the problem of docket control appea rs. A re liable sus pe nse system or other method of assurin g timely action beco mes a IllllSt. Occassiuna ll y, e ven a good sys tem will break down. Obviously , a poor system or no sys tem at all will probably lead to costl y omission. For whatever reasons, und th e cited ones ca nnot be ignored, the lawyer of necessity plies his trade in a spawning ground for mist a kes. Add to this the increasing readiness of sop histi ca ted clientele to sue the ir lawyer , and we ha ve th e makings of morc a nd m orc professional liability claims. As poin ted 41l1t by Mr. H arper . the ,,((pet (If the burgeoning claims has ht't' n two-fold : iVlany insura nce CO I11pl.lllies have pulled o ut o f th e pro £es:-:; illll.d lia bilit y fie ld; those remaining han' bee n forced to increase the ir premiullls subs tantiall y and freque ntly. The r\rkan sHs practit ioner has only rl'c('lltl y (cit th e p in ch. Professional li a bilit y in s uran ce pre mium s rellIai n",1 fairly stabl e until 1969. Si nce thl'n. th ey have more than doubl ed (or th e self-employed law yer Hnd ha ve quadrupled or m ore for th e associa te. The pre miulll is no longer a petty cash ill'lll . I t is a maj or ex penditu.re. A presen l proble m is to es tablish H Illeans of stabilizing th e p re mium . It is hoped thai \ \l' \\ill ach ieve this goa l through lilt' t:oopf'rative effort s of our Associa-
liun. ollr insuran ce adl11inistrat or and ollr in~ lIrer. a s di sc ussed by iVlr. II "rper. II should be pointed Ollt th a t ollr inSUrl'r ilnd admi n is tra tor can do only so Illllch. It i ~ ill t: lll11i>l' nt "pon t he IlI CITIht-'rs of IIie r\ ssot.:ialioll to indu lge in a
program of se lf-educ~l tion a nd training wh ich we hope will reduce the nUlli ber of ou r mistakes. Future a rticl es explaining what is expected of us will be forth cu ming in the Arkansas Lawyer. I t be hooves liS a ll to pay attp ntion to t he m .
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THE AMERICAN BAR ASSOCIATION Clients
on the selection of The Honorable
Edward L. Wright As its President -
7telenn{Q!Vutiono! to k c!Jon
1970路 71
American -fo'undation
302 Cherry Helena, Arkansas
LIFE
INSURANCE
COMPANY
HOME OffiCE: fOURTH & RINGO / LITTlE ROCK, ARKANSAS 71203 Fra nk Wh itbeck , ClU, Chairman of the Bo"d and ( hid h eculi'lf Off i(u
20
Admissions Ceremony
Arkansas Supreme Court
September 28, 1970 "Mr. Chief Justice and Members of th e Supreme Court, as Presiden t of the Arkansas Bar Assoc iatio n, I take pride in
presenti ng these candidates who have completed requirements which qualify them as attorneys and counselors at law and solicitors in chancery . and take pleasure in moving their admission to the Bar of the State or Arkansas,"路路路路 Mr. J. C. Deacon, President , Arkansas Bar Association.
-
"-;-.--..
Arkansas Supreme Court Ju stices
Gll esls- ApplicalllS
Swearing-III
Bar Dignitaries
Bar Briefillg 21
It's Assizefime In Arkansas - - Edwin R. Bethune, Jr. A movement is under way nationally and in Arkansas to study and reform the system of administering criminal justice_ The purpose of this article is to discuss the propriety of broad-based reform , the need for change, and the state of the reform movement in Arkansas.
PRECEDENT FOR REFORM It is said that Henry II (I 1541I89} was motivated to redesign the system of English justice so he, as king, would have more power and increased revenues. Regardless of the motivation his legal reforms made life
country's barons and prelates. So occurred the Assize of Northampton (ll76) and the Assize of Woodstock (l184). I Assizes thus became part of the English judicial system. As the country developed assizes became generally a time when the judges and other officials of the judiciary gathered to deal with the proposition of improving or better understanding their legal system. 2 From the above snatch of history it is clear that the concept of judicial officer>! and lawyers gathering to be
Project Director for the 1st Judges' and Prosecuting Allomeys' Workshop on Standards for Criminal Justice; Chairman of the Arkansas Bar
and property more secure throughout
concerned with improvement of a
Association's Criminal Law Section.
his kingdom and provided the corner-
judicial system is as old as, yea even older than, our sacred jury. Con-
Prosecuting Allorney, Arkansas Fir>!t Judicial District in 1970. Former FBI Special Agent and U.s. Marine. B.S., 196 1, and J.D., 1963, University of Arkansas. Partner in firm of Pollard , Bethun e & Cavaneau, Searcy, Arkansas.
stone (or the common law.
When Henry ascended to the throne English justice was in a jumbled condition due largely to the fact that too many people were trying to administer too man y kinds of law. Henry II theorized that unification was essential to an effective system of law and moved to overcome three competing courts being operated by the
fusion, uncertainty , misdirection , or shortcomings in our legal system are correctable by fundam ental broadbased reform according to this historical precedent.
barons, the churchmen , and certain
forcement and the Administration of Criminal Justice concluded :
local officials. The king figured to draw business away from the three rival systems by offering superior methods for arriving at justice and by regal commands where that technique was necessary. Henry's reforms, which were most often in corporated in royal "decrees,
were so adapted that the fundam ental features of the system today provide law (or many countries, including, of
cour"e, the Unitoo States. The first and most far-reaching edict for legal reform was issued at an assembly of barons and prelates of the realm. It was the Assize of Clarendon in 11 66 . Twenty-two articles outlined the basic features of the king's new system which provided royal judges for the local courts (the forerunner of circuit or itinerantjudgesh and the use of a jury (although original jurymen were more like witnesses than present
day juror>! the concept was at least the seed for present day grand juries I. Henry II made many other reforms in the legal system and when he formalized his thinking on particular mailers he would announce his position at periodic gatherings of the
PRESIDENT'S COMMISSION In assessing the present system of criminal justice in this country, the President's Commission on Law En·
". n sum, America's system of criminal justice is overcrowd ed and overworked , undermanned, under· fin anced, and very often misunder· stood. It needs more information and more kn owl edge. • t needs more technical resources. ] t needs more coordination among its many
parts. It needs more public support. It needs the help of commtmity programs and institutions
in dealing with offenders and potential offenders. It needs, above all, the willingness to reexamine old ways of doing things, to reform itself, to experiment, to nm risks, to dare. It needs vision. " 3
TIlere is no reason to doubt the "alidity of the statement or to suspect the Commission's report was not intended to descri be conditions in
Arkansas, as well as the rest of the nation. If we can proceed on the premise that our Arkansas system of criminal justice has one, some, or all of the
II do? As regards the criminal justice system- is
it
not
Assizetime
in
Arkansas?
THE STANDARDS In 1964 an American Bar Association special committee was organized
to analyze the entire speclrum of criminal justice and to formulate Standards for strengthening and improving its administration. ~nl e special committee was assisted by seven Advisory Committees made
up of a balanced blend of Federal and state trial and appellate judges, prosecutOr>!, public defender>!, general practitioners, professional experts for law enforcement , and other criminal
justice segments, including law school deans and professors. 4 "The Standards, when all drafted , will cover the en tire field of criminal justice. from the police function, through arrests, pretrial, trial , sen· tence, appeal, and postconviction
stages. They are designed to come to gri ps with the "gut" issues at the root of so many crucial problems plaguing society today-the weaknesses, ills, obsolesce nses, and inco ngruiti es which beset our criminal justice sys·
shorlcomings described in the coun-
tem. At first called only ' minimum'
try·at·large in th e report, th en are we
standards, it soon beca me clear they were more than minimum-rather
not commiued to the notion that reform is necessary? What would Henry 22
they were a blend of clarification , re-
foml, re novation, unification, and simplification of the whole system. Hence, they are now called 'Standards'. " 5 By the time this article is published the lollowing 17 sets 01 Standards will have been produced: I. Providing Delense Services 2. Pretrial R elease 3. Pleas 01 Guilty 4. J oinder a nd Severance 5. Speedy Trial 6. Trial by Jury 7. Sentencing Alternatives and Procedures 8. Appella te Review 01 Sentences 9. Post-Conviction Remedies 10. Fair Trial and Free Press II. Discover y and Procedure Belore Trial 12. Criminal Appeals 13. Probation 14. Electronic Surveillance 15. The Prosecution F,mction and the Delense Function 16. The Police Function 17. The Jud ges' F,mction. Of the Standards, Chiel Justice Burger, speaking to the National Association of Attorneys General February 6, 1970, remarked: " ... properl y used and applied , they hold promise 01 producing greater improvements and more efficiency in the administration of criminal justice than opinions- of courts can possibly do. All the COllrts ca n do is fix boundaries--others must work out procedures within those limits. The American Bar Association Standards will alford a concrete basis for working out the needed procedures ... "
THE ARKANSAS EFFORT I t was recognized immediately that implementa tion of the Standards throllghollt the United States could not be done by uniform statutes or court rules because of the great difference in proced ures existing from state to state a nd because of the great variance in the degree of current adherence to the proposed Standards. Each sta te, therefore, would have to inventory its current situation by conducting a thorough Hcomparative analysis' 01 the proposed ABA Standards with the existing state statutes, court rules, or customs, as the case might be. Afte r preparing the comparative analysis it would be possible then to determine the precise action necessary-or desirable-to comply with the Standards. 6 This analysis
has been done in Arkansas lor three of the propo ed 17 Sta ndards and is in progress lor othe r standards. Prolessor Ralael Guzman and a task lorce 01 law students from the University 01 Arkansas have done the basic research work necessary to the compa rati ve analysis. It was also recognized that before it would be possible to determine the precise action necessary or d esirable that a sta tewide implementation committee should be appointed to plan and coordinate the implementation process. One 01 the important activities of the implementation committee would be to coordinate ongoing programs being conducted in the state in the area 01 criminal justice with the elforts 01 those working on the ABA Stand ards. J ames D. Storey, C hairman 01 the tandards lor Administration o( C riminal Justice Committee o( the Arkansas Bar Association, is curre ntly performing this lunctio n. So in the Am.rican Bar Association Standards we have a beginning point. With the background work which has been done, judicia l olficers and lawyers can now consider the sta ndards in light of our existing laws and without feeling that their inquiry is a duplication of eflort. It is, therefore, Assizetime in Arkansas a nd a gathering has been planned for Hot Springs in J a nuary, 197 1. On J anua ry 20-2 1, 197 1, judges, prosecuting attorneys, deputy prosecut ing attorneys, and the Arkansas Bar Association will ha ve a conference for the implementation of certain of the American Bar Association Standards. The conference is planned around three workshops to be conducted by Arkansas Circuit judges and will be ope n to members of the Bar. On Januar y 2 1-22 the Midwinter I\Il eeting uf the Arkansas Bar Association will deal in part with the subject of criminal law and the Standards. The programs for the two meetings are published in this issue of The Arkansa Lawyer.
legal system. This system should function in a man ner that commands public respect and fosters the use of legal remedies to achieve redress of grievances. By reason 01 education and experience, lawyers are especially qualified to recognize deficiencies in the legal system and to initia te corrective measures therein. Thus they should participate in proposing and supporting legislation and programs to improve the system, without regard to the general interests or desires of clients or (ormer clients. " Rules of law are deficient if they are not just, understandable, and responsive to the needs of society. If a lawyer believes that the existence or absence of a rule of law, substantive or procedural, causes or contributes to an unjust result, he should endeavor by lawful means to obtain appropriate cha nges in the law. He should encourage the simplification of laws and the repeal or amendment of laws that are outmoded. Likewise, legal procedures should be improved whenever experience indicates a cha nge is needed. " If the ethical consideration as prescribed by Ca non 8 is not sufficient motivation, the Arkansas Lawyer should especia lly consider that the public 's respect for law a nd its desire to lise legal remedies will depend on the Bar's recognition and application of the ethical considerations stated above. In short , the demand for legal serv ices is directly rela ted to the responsiveness of our system and the respec t of the public for that system. If the dut y to improve the legal system a nd increasing the demand for legal services are not sufficient rn o-lives for attending this Midwinter Meeting and the Judges' a nd Prosecuting Attorneys' Workshop, then perhaps we should have an assize to consider the (undamen tal qualities of the member of our profession.
ETHI CA L CONSIDERATIONS Arkansas lawyers will immediately recognize the importa nce of this yea r's Midwinter Meeting. Canon 8 of the Code of Professional Responsibility approved in January, 1970, by the Arkansas upreme Court provides: "C hanges in human affairs and imperfections in human institutions make necessary constant efforts to maintain a nd improve our
I. Hall & Albion . A History or England and the British Empire 98路101 (3rd Ed. 1953 J. 2. Cantor. The Enalish . A History of Politics and Society to 1760 176-ln ( 1967 ). 3. President's Commission on Law Enforcement and Adminislration of Justice . The OIalienge of Crime in a F'ree Society 12 (19671. 4. Bratton . Standards for Administration of Criminal J ustice. 10 Nat'l Hesources J . 127 . S. Lcllerfrom H. Lynn Edwards. Siaff Di rector . Wash路 ington Office. Amer ica n Bar Associa tion to Circuit Court Judge A. W. Pa r nell . Appleton , Wisconsin, Sept. lB. 1970. Copy on rile Arkansas Bar Center , Little Rock . Arkansas. 6. Ibid.
23
CITATIONS
President of the American Bar Association. Community leader. And member of Worthen 's Board of Directors. For Ed Wright, Success is more than a word. It's a way of life. Involvement. Capability. Achievement. They're the cornerstones of his life. We salute Ed Wright. He's one of the reasons we're the bank that does more for you.
III
WORTHEN
Bank & Trust Company
24
Edward L. Wright
25
r------------------路- ------
I I
I
MEMORIAL GIFTS
"I' . t h an to receive . " - H Qwever, a mem b er prof'Its t IS more bl esse d to give both ways with a memorial gift to the Arkansas Bar Foundation. One's gift is a bP.autiful way of honoring a former colleague. The family must be most aIJpreciative of such remembrance. The gift is noted in the Foundation's Memorial Book and, of course, is tax deductible. Memorial gifts may be sent to the Arkansas Bar Center. The memorial cards (below) of the Arkansas Bar Foundation are formal and are promptly delivered upon receipt of the memorial gift.
I
I I
II WE ACKNOWLEDGE WITH GRATEFUL ApPREC IATION TH E RECEIPT OF A GENEROUS MEMORIAL GIFT
18th Mid路Year Meeting CLE Program January 21,22, 197 1 "Arl ington Hotel Hot Springs, Arkansas ("Changed From Marion Hotel)
FROM
OF
ABA Mid路Year Meeting February 4-9, 1971 Chicago, Illinois
IN MEMORY OF THE LATE
3l.
J2拢..(a-n6a4
10th Annual Arkansas Oil and Gas Institute April 15, 16, 1971 Majestic Hotel Hot Springs, Arkansas
fJaa,.,< ~,vnd~
LITTLE ROCK, ARKAN SAS
73 rd Annual Meeting of the Arkansas Bar Association June 2-5, 197 1 Arli ngton Hotel Hot Springs, Arkansas
DATE
WE ACKNOWLEDGE YOUR GENEROUS MEMORIAL GIFT IN THE AMOUNT
OF _ _ _ _ _ _ _ __
I
IN M EMORY OF THE LATE
I
1st Judges' and Prosecuting Attorneys' Wo rk shop on Standards for Criminal Justice January 20, 21, 1971 Arlington Hotel Hot Springs, Arkansas
THE FAMILY I s BEING NOTIFIEO
IL-------__________________ llTTLE ROCK, ARKANSAS
26
J
ABA Annual Meeting July 5-7, 1971 New York, N.Y. Ju ly 14-20, 1971 London, England
We are proud to join in saluting this great American ...
Jieritage Press, Inc. Printer of The Arkansas Lawyer 27
The Wrightian Style - by H. William Allen
It must have been with the kind of reckless impulse that possessed author George Plimpton when he went onto the field to quarterback the Detroit Lions and into the ring to fight Archie Moore tha t I agreed to write an article about President Wright's yea rs wi th the American Bar Associa tion. AI· though I have never known Will and Ariel Durant, I now can empathize with them on what it is like to be truly overwhelmed by your subject. I knew some e liminations would be necessary. I ha ve lived under the
grace of this man for only five months now, and cannot pretend to kn ow him
as well as most of those who will read this article. It would be presumptuous of me to express my own grea t ad-
miration of President Wright. To itemize and describe all of his ma ny Secti on and Committee activities during his 41 yea rs of close identification with the work of the ABA would take
historic sojourn of American lawyers
to England, and the endless number of " brush fires" that demand his attention. That approach would show you what Ed Wright does, but it would not convey how Ed Wright does what he does. This would be un· fortunate, because it is precisely the man ner in whic h Ed Wright conducts
ABA bus iness that is most note· worthy. At the first Board of Governors meeting I attended (before Ed Wright became Pres id ent) , certain members
kept referrin g to an "Ed Wright type of letter", or "Ed Wright type of phone call " as a means of solving particular problems. I soon learned that there was a "Wright" method of doing things-a Wrightian Style. I have decided that I can best contri· bute to this issue by demonstrating th e
Wrightian Style in action. ABA veterans agree that Ed Wright
more space than is ava ilable here.
was at his best as Chairman of the
Many of President Wright's recent accomplishments have been well documented elsewhere. Every lawyer in Arkansas is aware of his monumenta l work on the Code of Professional
ABA's 297·member House of Dele· ga tes. One I ndiana delegate told me,
Responsibility. Those who are not aware of his efforts to secure th e
adoption of the Twenty·filth Amend· ment to the United States Constitution on Presid ential succession may
read Senator Birch Bayh's book, One Heartbeat Away. Current newspapers have given national coverage of his
testimony before the House Judiciary Committee on the Organized C rime Control Act and of his ellorts to pre· serve the professional integrity of the federal legal services program. It would be easy to write about Ed Wright's work load since he assumed the Presidency of ABA las t August: the exhaus tive speaking schedule, the
"Anyone in the position of C hairman
(If the House really should have a whip, revolver and chair; th ese lawyers would argue through the night if
given the chance-but Ed Wright had an unca nn y ability to ge t these prima donnas to exped ite matters . As a parliamantarian, he could have written Robert's Rules of Order, but more than that- his warm personality, his humanitarianism , just went right out from the podiunl to everyo ne in the
I\ ollse ... The foll owing are sHIn pie excerpt s from the 1963·64 HOllse of Delegates proceed ings and debates jll t as the official reporter recorded them:
I. On the presence of TV ca meras in the HOllse C ha mbers :
heavy volume of corresponde nce he
personally handles, hi s untiring stewardship of the vast network of ABA projects, his conferences with national and international leaders, the elaborate preparations for this year's
Mr. A llen presently holds the posi· tion of Special Assistant to President Wright at ABA headquarters in Chi· cago. He is from Brinkley and was admilled to the Arkansas Bar in 1969. He received his B.A . from Southwestern at Memphis, J .D. from Washington University (SI. Louis) and his completing requirements for an LL.M. in criminal law at North· western. Before joining the ABA staff, he was an Assistant U.S.Attorney in Chicago.
CHAIRMA N WRIGHT: A number of members ha ve inquired abou t th e prese nce of the television ca meras here this morning, esp ecially
in view of the action of th e House in
28
its rea ffirman ce of Canon No. 35 ... Deliberations of this HOlLse are quite
different from a court proceeding . .. Th e ca meras are here at the request of th e media . fPe are not self·invitees but we are graciolls hosts. In response to the in vitlltion of th e telev ision media, letlhere be an adm onition to everyo ne in the House from the Chair up or
down to not ham it up for them. (Laughter) 2. Shutting 011 a delegate who has talked too long:
CHA IRMAN WRIGHT: M r. Chairma n, the Chair dis likes to in terrupt you, but----
(THE DELEGATE): I kn ow if the Chair does it, ir is cer· tainly with good intentions.
CHA IR lHAN WR IGHT: T hank you. I do remind yo u tha r there ha ve bee n announced a large
number of persons who desire co
speak on this. I don 't want to cut you off, but this is just a reminder that we have a great many people, and I believe it will be adequa tely presented before it is over, so if you will just strike your highlights as rapidly as possible, we will all be grateful. 3. Receiving a compliment on his performance at the 1963 World Peace Through Law Conference In Athens, Greece:
MR. RHYNE: (Charles S. Rhnye, Cha irman of the Co nference) It was a tremendous job that Walter Craig and especially Ed Wright did. It is very difficult, as man y of you know, when you are opera ting in so many different
C HAIRMAN WRIGHT: All in favor of sus taining the Chair, please signify by rising. I will turn my back and let th e tellers count. (Laughter) A ll opposed to the rulin g of th e Chair, please stand. I sure will remember that handful! (Laughter) Those willful six will be in my book for two years. ILaughter) Thank you for th e vote of confidence. MR. BELL: {Robert K. Bell, Delegate from New J ersey} A very interes ting session. (Laughter)
8. Obtaining floor privileges for nonmember spellkers (that he would like lo hear):
lan guages and attempting to introduce people whose names were not written for American tongues, to do th ese things. H owever, Ed did a magnifice nt job and I was never so
g ranted te n minutes each un less th e lime is ex tended b y unanimous co n路
proud of the America n Bar A ssociation and its lea ders as I was then. CHA IR MAN WRIGHT: You know. C harles. except fo r the
sen t of the HOllse. I am fully cogni:ant that th e Chairman of the House should be an impartial presiding officer and shollid not enter into debate.
CHA IRMAN WRIGHT: The Chair will rule that th ey will be
importafl ce and accuracy of your
but I cannot resis t th is opportunity to
statement. I would rule you out of order. (Laughter)
unanim ous reques t. Th e C llair hea rs
4. l\rte r a division of the House indic<lted that his filling on a voice vote
objection. They ma y spea k. Thank ILa lighter} (THE SPEAKER): Thank YOIi. Mr. Chairman. ILallghter lind applallse}
IIrge you gentlemen to grant the 11 0
was consid erably off:
C HA IR MAN WR IGHT: Th e Chair was in error. ( Laughter) Th e GllI/ir 's fll ce is red; but uT/like the English s),steln . 1 am flot going to resign because of your la ck of confidence in my ruling. ( Laughter)
.). Aher a Section Chairm an told a
),011 .
9 . Ouring a de bate 0 11 a proposed amendment to th e U.S. Constitution:
C HAIRMA N WRIGHT: Is there anyone here other th an the Solicitor Gellerlll of th e Ullited S tates
st'ries of jokes rather than g ive his
w ho is in opp osition to this substitllte?- l SJlid that JClcetiollsly. !\Ilr.
report:
IArchibald) Cox. (Lllllghter)
C HAIH II'IAN WR IG HT:
,\!I,. C huifman . we edt appreciate that s(uid bu t hig hly educational report.
I tillig hter) 6. FIl\lt)winga COllllllittee C hairman 's dt~sc ripli()n
of his Committee's mee t路 ing in Lillie Hock:
C HA IRMAN WR IGHT: .Hr. Chllirmlln. IJ it were not fo rbidden by HOllse protocol. I wOllld certainly complime nt yo u on the Jine re路 Jerences YOLL made to A rka nsas.
10. Determinin g the length of time to complete th e House Calendar: nccessary
C HAIRMA N WRIGHT: 'rh e Chuir recognizes th e Chairman of Rules and Cil lendar, lind asks him to go to the microphone 'W th e C hair ca n interroga te him.
MR. RHOADS: IC. Brews ter Rh oads of Pennsy lvllllia ) This is th e first tim e I ha ve been the
Chairman of Rules and Calendar how long, in his judgm ent, it would take the House to complete th e entire Ca le ndar.
I know of no beller way to demonstrate the House's app reciation of this very special C hairman th an to quote from th e closing session:
CHAIRMAN WRIGHT: The Chair is unaware of any unfinish ed business. Does any m ember ha ve awa reness of any? If not, we pass to Item 106, New Business. Mr. Verrill of Maine. This is one of the young members of the H ouse making a major speech. ILaughter) MR. VERRILL: IR obinson Verrill of Maine, now deceased) Nlr. Chairman , YO ll are correc t. I ha ve
been here since 1957, as a S tate Bar Delegate. and then as a S tate Delega te. now in my seco nd term , and I
ha ve never spoken bef ore, ILaughter) because I felt that oth er lawyers were better informed than I , or at least they were quicker on their feet, so I remained in my sea t. I think under the headi ng of New Business, however, lind before we come to the election of officers. it is app ropriate that I make at lellst a few remarks. for in this House I ha ve noticed durin g Ih e yea rs differences be tween East and West, between North and Sou th , between even Maine a nd Ca lifornia ; but on this particular matter, [ do not expec t an y thin g but co mple te unanimity. For two yea rs we ha ve been serving lIncier an exceptionally able C hairman
of this House. Without disparage ment of his fin e. able predecessors, I think we ha ve been e njoying an unusual
privilege. C HA IRMAN WR IG HT: Bob. you are out of order. MR. VERRILL: I ca n 'I hea r you, Mr. C hairman. ILallg hter) I m ove that the sincere and hea rtfelt appreciation of the House be extended to Edward L. Wright of Ark.nsas for t wo years of outs ta nding service as C hairman of
this House, chara cterized by firm and jus t rules promptly made, a keen wil,
an ability to reverse himself with kindly humor and a grea t record of
s ubjec t of cross examination so pub -
accomplishment.
As it lVould be immodest f or him to even JJsk for a second for this m otion, I will ask that th e House stand with
dent when th e C hairman's ruling wa s
licly. C HAIRMA N WRIGHT: In th e belief tllat a n oll th wOllldn't help . I IVll ived it. ILalighter) The Chairman of the HOllse would lik e to
cha llenged:
inquire of th e cl /ert and discriminating
IThe House arose and applauded)
11.llllg hter) j .
Those d e legat es present at th e
lime' ilre still talking abou t this inci路
29
me as a second to this, a nd also as a
vo te in favor _
Standards For The Administration Of Criminal Justice .. . Judge Howard C. Bratton Editor's COlllm e nt:
Chief J list ice Wa rren E . Burger, addressing the Na tional Association of Attorneys Ceneral on February 16, 1970, characterized the ABA Standards Project as "perhaps the most ambitious single undertaking in the history of that great organi zation. " Chief Justice Btuger also stated that "properly used and applied. they IS tandards ) hold promise of producing greater improvements and· more erriciency in the administration of criminal justice than opinions of courts can possibly do. " The Arkansas Bench and Bar is making a tremendous effort to study and possibly implement the Standards, e.g., the Arkansas Project on Standards of Criminal Justice to develop comparative analyses between the Standards and Arkansas law; and the lst Judges' and Prosecuting Attorneys' Workshop on the Standards Isee program in this iss ue of The Arkansas Lawyerl . J IIdge Bratton's article is reprinted with permission from the Janllary 1970 isslle of the National Resource. Journal, published by the University of New Mexico School of Law, Albuquerque.)
Judge Bratton '"li S IIppointed U. S. District Judge. District of Ne w M exico in 1964; B.A .. U of N M; LL.B .. Yllle ; ill IIddition to II distin · guished record of Bllr IIlld public service. he is currently il member of th e Judicial COllference of til e u.s. Committee on Operation of the Jury System and Chairman of th e S ub·committee 0 11 Crand Jur y Handbook Pre.paration.
The pllrposes of this article .:lfe to disttlsS the history and current status of the American Bar Associcttion's Project Oil Standards of Criminal J ustice . to g ive it general description of the development uf the standards, to furnish its readers with an idea of the objec ti ves underlying the project and. by using specific standards from several of the topical areas covered by the proj ect. to illus trate both the scope tlf the project and its intent. This article will therefore not be the IIslial type of law review article which deals with a relatively narrow facet of the law. Rather, it will take a broad approach to its subject matter with the hope that each of its readers wi ll be interested in pursuing for himself further study of the standards for the adminis tration of criminal jus tice. (I) The idea that sllch a project should be undertaken W~l S first proposed to the A.B .A. in 1963 by the lnstitllte of Judicial Administration located at New York University. The proposal was made against the background of a nation-wide increasing crime rate, the
to the prollluigation of furt her appropriate standards by 1910. I nitially. six advisllry cOllllllittees were established to s tud y and for· I1llllale standards relating to police fun c tion s . pr e tria l proceeding s , criminal trials. fair trials and free press. proseclItion and derense functions and sentencing and review. Recently a seventh advisory committee was created to deal with the fun ctions or the trial judge in the criminal justice process. Charged with the overall coordina· lion of the project is a Specia l Committee Oil Standards for the Administration of Criminal J tlslice. This committee was chaired by Juelge Ltlmbctrd until 1968. when he was succeeded by then United States Circuit Jlldge \Varren E. Btlrger. He, in turn . was succeeded by the present chairman, Senior United States District Court Judge William J. Jameson. This committee maintains liaison with the A.B .A.'s Sections of Criminal Law and of Judicial Administrat ion, and it is ultimately responsible for recom-
problems and confusion created by the judicia l development of the rights of accllsed persons and the realization by the legal profession that the machinery for l.ldministerill g criminal jllstice was no longer adequate to properly and efficiently handle the overwhelming load of criminal work. The followin g year. a pi lot study of the problems involved was conducted tinder the allspices of an A.B.A. comllIith.'e headed by Chief Judge J. Edwma LUlllbiud of the United States COllrt of Appeals fur the Second Circui t. Oil the basis of this committee's report. the 1964 annual convention of the A. B.A . \ tlted to authori ze the undertaking of a three year project to develop Illininllllll standards for the mllllillistratioll Ilf criminal justice. By the close of 1964, the project was fund ed and the orgnnizational structure Ileces 'ary to undertake the proposed comprehensive study was established . Since that time, the lifespan of the project has been enlarged, so that. at the present , several areas are still being considered, with an eye 30
mendin g the stand ard s to those secti ons, to th e A.B.A.'s Boa rd of Governors a nd to its H ouse of D elega tes for their consid era tion and approval. T he ad visory committees and the Special Com m ittee a re composed of fed era l a nd s tate tri al a nd appellate j ud ges, prosecu tors, public defenders, crim ina l law p rofessors, private a tt orneys and law enforcement and correcti on offi cials_ Aidi ng th em are reporlers and cons ul ta nts drawn from law school faculties. With the exce ption of the Committees on F a ir Tria l an d Free P ress and the Judge's Function, each of the advisory com m ittees has bee n preparing standa rd s 0 11 more th an one topic within its assigned area of study, and th e standa rd s on each such topic have been or are heing reported a nd published separately. Ea ch ad visory committee assig ns one or more topics to a report er or a dra ft ing committee for the initial developmen t of black-letter stand ard s and accompa nying commentary. T o avoid du plicat ion of effort, th e work of oth er in teres ted orga niza tions is utili7.ed where possible. T he resultin g drafts are extensively consid ered b y the approp riat e commiuee a nd, when completed, a rc report ed to th e Special Committee for its a pproval for publica ti on in tentati ve dra ft form . T he d rafts are then distribllted to th e Sect ions of Ju d icial Admin istration and of C ri m inal La w a nd other interes ted persons for comments and cr iticism. Any comment.s or crit icisms offered on a given dra ft are reviewed by th e proper adv iso ry com mittee a nd by th e Special Committee, and th e sta nd ard s o n a g iven to pic a re p ut in fin al form for submission to th e .Boa rd of Governors a nd th e lI ouse of D elega tes of the A.B .A. T he organi7.a tiona l struc ture and procedur al met hodology employed in im plf' l11en ti ng th e project are thus designrd to a chieve a maximum exposure to crit ical scru tin )' of each proposed set of stan d ards, hopeflllly with the result that th e sta nda rd s will be fOlln d accep table by bot h the bench and bar. 10 tabl y, implementa tion of th e sta nda rd s ha s not bee n left en tirely to chan ce. T he A. B.A. assigned this task to its Crimi nal La w Section , which IHls set li P. II nd er th e ch a irm ~lIl ship of th e Honorabl e Tom C. Clark , a Sepcia l Comm ittee to Im plement t.h e
S tand ard s. Excep t for th e sta nda rd s relatin g to fa ir tr ial and free press, which a re being im plemented by a specia l committee set li p for th at pur pose, it is t he job of lusti ce C lark 's committee to undert.ake a wide educational effort d esigned to p ublicize th e existence an d co ntent of th e slan d ard s. Fllrt her , the 1969 ludicial Conference for the T enth C ircuit was d evoted to a semi nar on the standa rds, and report.s on th e progress of th e p roject have been made to A.B.A . conventions since its inception. Nevertheless. th e proj ect is a n exercise in futil ity un less its work prod uct is kn ow n of and found acce ptable to an d uti lized b y law enforcement offi cia ls. th e judi ciary and practicing Htt orn eys all across th e na ti on. T hat they all would concur th a t its objectives- th e promoti on of effecti ve law enforcement . the ad equ ate protecti on of the public and the safeguardin g a nd amplifica ti on of th e constitut ional ri ghts of th ose suspec ted of crime--
arkan~a~
arc sa lutary probably goes without say ing. . t is necessary therefore to vicw the standards in th e proper perspecti ve. i. e .. to see tha t th e end th ey a re desig ned to accom plish is th e proposal I)f rll l{'s, policies. cr iteria and per haps 1110d el sta tu tes to aid jud ges, proseclltion a nd defense att orn eys, law cnforcement off icials a nd all oth ers responsible for and pa rt icipating in t he administrat ion of crim inal justi ce in performin g their res pecti ve fun cti ons more efficientl y and more adeq uat ely u nd er present a nd fut ure cond itions. T hat no effort has bee n spa red to ma ke the stan d ard s a comprehensive and th erefore mea ningful aid to th ose persons in volved in the administration of cri mi na l j us tice is bes t illustrated by th e nu mber and variety of stand ards th at are a t prese nt publ ished in eith er a pproved or tent a tive form as well as by th e fa ct th a t the committ ees on the
Cont i n ued o n page 32
lLanb mitlc a~~ociation
Is Proud To Join Hands With The ARKANSAS BAR ASSOCIATION To Honor
HON. EDWARD L. WRIGHT President AMERICAN BAR ASSOCIATION
31
Standards For The Administration of Criminal Justice
the proseclItion and defense fun ctions ( J0) and probation. (J J) (See Note
Continued from page 31
judge's fUll cti on, th e police functi on,
proseclItion and defense fun cti ons,
pretrial proceedings and sentencing and rev iew are still engaged in the stud y and promulga tion of furth er
standards. T o date, standards relating to postconviction remedies, appellate review of sentences and sentencing alterna-
tives and procedures (2) have been published in approved form . Standards relating to pleas of guilty, speedy trial, joinder and severance and trial by jllry, (3) ~s well as standards for providing defense services (4) and pretrial release, (5) have also been approved and published by the A.B.A. Also published in approved form Hrc th e standards pertaining to a
fair trial a nd free press. (6) Standards not yet approved by the A.B .A. but published in tentative draft form for stlldy and comment are those relating to criminal appeals, (7) elec tronic surveill ance, (8)
pretrial discovery and procedures. (9)
J J.). Several of the published standards have been amended , and all such amendments have been subjected to the same rigorous procedure in their promulga tion and approval as were the original standards before receiving A.B.A . approval. The published standa rd s listed above give some indication of the broad scope of the project. But a mere listing of topics covered does not re· vcal how the standards promulgated depart from the status quo and update the machinery of criminal justice. The limitations of a law review article pcrmi t no ex hausti ve ex position or analvs is of all the innovative features of th'c various sets of standards nor of the procedures already in effect in som(' jurisdictions that are recom· mended in certain shmdards, The foll owing examples, albeit limited in !lumher. should serve to illustrate the detailed handling of the problems confronted and resolved in each set of standards and the thoug htful ness with which modernization of each probl em arNI has becn approached,
PRIVATE INVESTIGATION
The standards that have received the most judicial attention are those relating to pleas of guilty. (12) Judges have fou nd the sections dealing with plea discllssians and agreements (13) of particular interest, for these sec· tions openly recognize the propriety and va lue of what has heretofore been a practice widely utilized but largely officially ignored for fear that there existed in it constitutional infirmities, the risk of corrupt influences and an intrusion upon society's interests by substitllting privat e opinions vis·a-vis criminal penalties for the decisions of society. When it is considered that the grea t majority of criminal cases are disposed of by pleas of gu ilty, a substantial portion of which are the result of prior plea discussions, the impor· tance of confronting and resolving the problems thought to be inherent in the practice is manifest. The standards are gea red to meet the problems first by making the pract icC' of plea discussions and agreements visible and sllbject to ystema· tic control , second by req uiring equal plea tlgrccmcnt opportunities for de· fendants occupying similar positions and third by recommending their use
MYERS, RAND & ASSOCIATES
!/1t1tuJlt!7dttllr 51r~ fl?l/:fttflu4(1t1ilQil1{ JtljPJtill!"jlli diQiylldk/r/)"Mi/
Extends Their Congratu la tio ns To The Honorable Ed Wright
t/jtl(l)/:(~fffj;
Professional Investigation ServicesCivil, Criminal, Industrial for the Professions, Business, Industry and Individuals Licensed by the State Investigator Licensing Board, Approved by the Ark ansas State
Police,
References of Prominent
Attorneys furnished upon request. Ten Years Experience. No Charge for Consultation in Our Office PULASKI FEDERAL SAVIN GS AND LOAN ASSOC IAT ION IS HONORED THAT EDWARD L. WRIG HT HAS SERVED ON THE PFS BOAR D OF DIRECTORS SI NCE 1935. WE EXPRESS TO HIM OUR GREATEST AD MIRATI ON AND RESPECT
1090 TOWER BUILDING Little Rock, Arkansas Phone 372-1 809
32
only in cases where the public interest and the effective administration of justice will thereby be served. (14) The intent of the standards relating to plea discussions and agreements is to be comprehensive, and guidelines are therefore established not only the prosecution and defense counsel but also for the trial judge. First are delineated the circumstances under which a prosecuting
attorney may enter into plea discussions, and the provision is made that
he may agree to seek or not to oppose concessions or
reductions
in
the
charge or sen tence if the defendant pleads guilty. The second section provides that defense counsel should enter into such an agreement only with the consent of the defendant and only after the defendant has made his own decision to enter a gttilty plea, based upon a full discussion between counsel and the delendant 01 the available alternatives and other considerations deemed im路
portant, e.g., the possible loss of civil rights. While the third section takes the position that the trial judge should not participate in plea discussions, it does allow disclosure to him 01 proposed agreements in advance 01 the entry of a guilty plea and allows him to indicate tentative concurrence. If he later decides that the charge or sentence concessions should not be granted, he should so advise the delendant and give him a chance to withdraw or af路
firm his guilty plea. The fact that a plea agreement has been reached is in no way intended to bind the trial judge or impinge upon his functions,
and the section ensures this by providing that , while a judge should give the agreement
due
consideration,
he
By making the process of plea discussion and agreement visible, the
standards also serve to make it subject to appellate review to lurther guard against any possible abuse. The standards relating to a speedy trial adopt the policies 01 the federal system and some stale jurisdictions
that criminal trials should take precedence over civil trials and that jailed delendants should be tried before those on bail are tried. (J 5) Also recommended is the adoption 01 a rule or statute that will specily, in days or months, the amount of time which may elapse between an initial sped路
lied event, usually the date the charge was filed, and a delendant's trial (J6) subject only to the exclusion in computing such time 01 certain periods of delay, e.g., delay resulting from docket congestion due to exceptional circumstances. (17) However, it should be noted that delay arising out 01 chronic docket congestion is not contemplated as a delay that could be excluded in computing the time period. Most importantly, the standards adopt the position that a defendent who is not brought to trial within such time period is entitled to absolute discharge, forever barring prosecution
for the offense charged and for any other offense required to be joined with that offense_(J8) While this is not asserted to be the prevailing view, it is nevertheless considered to be the only way to avoid making the defendant's right to a speedy trail largely meaningless. Basically, these standards recommend techniques that will expedite criminal trials, thus not only systematically delimiting the constitutional gtlarantee 01 a defendant to a speedy trial but also protecting the public's
above but also in the development 01 standards for expanded post-conviction remedies. (19) The best way to protect criminal dispositions Irom subsequent collateral attack is to isolate and deal with potential constitutional issues before criminal trial proceedings have been concluded. To effectuate this goal, as well as to accelerate and simplify the process 01 disposition and to use resources economically while doing so, the Advisory Committee on Pretrial Proceedings undertook to develop a set 01 standards providing for pretrial discovery and procedure. (20) These standards represent a marked departure from the prevailing practices in any jurisdiction in the na-
tion. The discovery provided for is premised upon the view that broad pretrial disclosure of the prosecution's case can best accomplish the goals de-
sired, and the onus is placed upon the prosecution to take the initiative in
telling the defense counsel of and lurnishing him with such things as lists of witnesses and their statements,
statements of the accused or his co-delendant, relevant portions of grand jury minuteSt reports of experts, and
real evidence, (21) to name just a lew 01 the items listed as subject to disclosure.
The discovery provided for is not entirely unilateral, however, for the
delense is also required to make certain disclosures, (22) although discovery of the prosecution's case is not
made to depend upon discovery of the delendant's case. Both sides have the continuing duty to disclose additional discoverable inlormation as they learn 01 its existence. (23) The standards properly recognize, however, that the ultimate
respon~
to grant charge or sentence conces-
interest in prompt trials. For example,
sions by applying those criteria designed to serve the public interest and
both the public's interest and that of the defendant in preserving their
the effective administration criminal justice.
respective means of proof are intended
sibility for the finality of convictions and the fairness and elficiency 01 the process lies with the trial judge. (24) While the standards provide for an initial exploratory stage during which
to be served by these standards, as is the public's interest in enhancing the deterrent effect 01 prosecution and
counsel investigate, confer, and perhaps enter into plea discussions without court supervision, they also
conviction.
provide lor a second stage in which the court conducts an Omnibus Hearing and a third stage, consisting 01 trial planning and including, where
should independently decide whether
of
The thrust 01 plea discussions and agreements is thus to give the defendant a method by which he may acknowledge guilt and assume responsibility 路for his act, hopefully with the result that he will be more rehabilitable. In addition, the process reserves trial proceedings lor those cases in which there Brc disputes on the issue of guill, thus conserving the
time 01 aU participants and substantial sums 01 public monies.
One 01 the most troublesome problems in criminal justice has been trying to assure finality to criminal dispositions. For example, post-conviction actions are increasingly common
in both lederal and state courts. This problem is recognized not only in the development 01 standards for plea discussions and agreements discussed 33
necessary, pretrial conferences.
In
order to properly effectuate the procedures recommended, the trial judge must, of course, elfectively Continued on page 35
FOR INFORMATION WRITE TO: MEMBERSHIP DEPARTMENT, AMERICAN BAR ASSOCIATION 1155 EAST SIXTIETH STREET, CHICAGO. ILLINOIS 60637 34
Standards For The Administration Of Crimi nal Justice Co ntinued from page 33
control his calenda r and must have to aid him th e requir ement that defendants be brough t to trial or the c har ges again s t th e m o therwise disposed of within a speciiied time, (25) as sugges ted above in th e discllssion of standards relating to speed y trials. The most innovative aspect of this se t of standards is th e Omnibus H earing provided for in the second stage of pretrial procedures. This proceilure is designed both for d efendants who will go to trial and for defendants who may sub sequently plead guilty. The date for an Omnibus Hearing is se t b y the court at the initial call for a plea or at the arraignment of a defend ant who pleads not guilty , and, while the tim e set should allow for prior d iscovery of the proseclltion's CHSC . the setting of an early date should be utili zed to encourage cOllnsel to ge t toget her as qui ckly as possible. (26) The Omnibus H ea rin g th a t follows is distinb'llished by th e use of a check list (27) designed to sllbstitllte for and
orally handle in one hearing the usua l varie ty of pre trial motions and other requests and to assist th e court a nd counsel in discovering and considerin g th ose issues which, when ignored, form th e basis for subsequent invalidation of convicti ons. Anoth er distin ctive feallLre of th e Omn ibus H ea ring is that it makes possible the asserti on and considerati on of many claims without th e filing of successive sepa rat e m o tion s, bri efs and res po nses. The di scovery and procedures proposed by th ese standards are now being lIsed in various distri cts by the federal judiciary. They were first put to use experimentally in 1967 in th e niled States Distri ct Court for th e Sou thern Di trict of Ca liforni a. In th at district. which has an extremely hea vy criminal ca se load. th e procedures have improved th e efficiency of court and counsel. speeded lip th e criminal process and eliminat ed s ubs tantial am o unt s of paperwork. a ll without th e sa crifi ce of the interes ts of either side. On the basis of experie nce with th ese pretrial procedlLres so far, it ca n a lso be co nclud ed that use of th em has
aided prosecutors in e xpe ditin g disposition of criminal matters. both by obtainin g ea rly guilty pleas and in tria l preparati on. The Omnib us Hea ring procedure was very recently inaugurated in th e District of New M exico, and. as was found to be truc in Ca lifornia , it has already been determin ed here that it is h e lp ful particula rl y to less ex perienced defense counsel as a guide on what th ey s hould do in th e proper prepara ti on and presentation of all aspects of th eir client 's defense. It should be noted that it is th e present practice of man y prosecllting attorn eys to ma ke th eir fil es on cases ava ilable to defense coullsel, and this practi ce. in an expan ded form , has been incorpo ra ted into th e standards. This fa ct. togeth er with th e current utilization of proce(hLral techniques such as th e Omnibus Hea rings. form a core of experience from which ca n be madf' a tentative judgment as to th e merits of broad pretria l discovery in a criminal case. As indicated above, the utili za ti o n of th e recommended standards has so far resulted in a work a blf' syste m that appea rs to be Co n t inued o n page 36
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Standards For The Administration of Criminal Justice Continued from page 35
making a reality the goals intended to be realized. To complement the other standards, provisions for defense services have also been promulgated. (28) This set of standards does not advocate the adoption of either a public defender system or a system of assigned counsel. What it does advocate is that each jurisdiction should be statute require its local subdivisions to adopt plans that will provide defense counsel in a systematic manner. Whether the public defender system or an assigned counsel system or a combination of the two systems is best suited to a particular locale it leaves to local
decision. (29) One important position advanced by the defense services standards is that the system adopted guarantee the integrity of the relationship between lawyer and client; it is porposed that a board of trustees (a standard feature in private defender systems) be established to govern the system. (30) Also included in the standards as an integral part of any plan adopted is the provision for investigatory, expert and other supporting services necessary to an adequate defense. (31) Without furnishing these tools to defense counsel, it cannot be expected that he will be able to conduct thoroughly a proper defense at trial. In addition, if the attorney himself
I. Copies of those standa rds now in published form for the prosecution. may be purchased at $2.00 per volume or $1 .00 per All the standards are intended to volume for ten or more copies from the American Bar ' ll~ East 60th, Chicago . lIIinois 60637. dovetail with one another, and each _AsSOCiation, 2. Prepared by the Advisory Committee on Sentencing and Review. committee has made every effort to 3. Prepared by the Advisory Com mittee on the accomplish this end without dupli- Criminal Trial. 4. Prepared by the AdvisorY Committee on Prosecucation. tion and Defense Functions. Moreover, the standards are in· 5. Prepared by the Advisory Committee on Pretrial tended to represent a consensus of Proceedings. 6. Prepared by the Advisery Commitleeon Fair Trial opinion as to how best to solve the and Free Press . 7. Prepared by the AdvisorY Commilteeon the Police problems existing in each area rather Function. than to express the opinions of one 9. Prepared by the Advisory Committee on P retrial Proceedings . man or one group. 10. Prepared by the AdvisorY Committee on Pretrial Certainly, no one would contend Proceedings . ' that the standards published thus far 109 . 11.and Prepar~d by the Advisory Committee on Senlenc Review. represent in all respects a permanent lIa . At the Annua l ABA Meeting at Sl. Louis in ·d I· I edl b August 1970. three additional Standa rds (DiscoverY set 0 f gut e meso t can assur y e , and Procedure Be fore Trial ; Criminal Appeals : and anticipated that additions will be Probation) were approved . Two additional Standards (Electronic Surve illance : The Prosecution Function : con tempIated and made as the and The Defense Function ) will probably come up for passage of time reveals further needs. final ~ pprova l at the ABA A~id-Year Meeting at OIi • • • • cago 10 February, t971. The fmal drafts on the last two At thiS pomt m time, the A.B.A. Standards (The Police Function : The Judges Funestandards are the products of the best tion12.) ABA are still .being rO~".lulated. . PrOject on MInimum Standards for Crimmal efforts of many of this country's finest Just ice. Standards Relating to Pleas of Guilty, (Ap. d Th h d d ·11 proved Draft 1968) <hereinafter cited at " ABA StanIega I mm S. at t e stan ar s WI dards . Pleas of Guilty") ; e .g .. McCarthy v. United have a major long.range impact on the States. 394 u.s. 459 (1969) ; Grades v. Boles, 398 F .2d . Id f . . I' . 409 (4th Cir . 1968 ): United Stales ex reI. Rosa v, Fol0 CflmlDa Jusilce cannot be Jette. 395 F .2d 721 (2d Cir . 1968); Waddy v. Heer . 383 f Ie doubted , and those who participate or F.2d 7.89 (6th Cir . 1967 ): Brown v. Beto . 377 F .2d 950 . ed.. d" . (5th Clr . 1967 ); Commonwealth v. Evans.343 Pa . 52, 252 are mterest m Its a mlOlstrahon should become conversant with them. Continued on page 40
must conduct the investigation, the
cost to the system will probably be greater. Thus, the supporting services
not only provide for fairness to the defense but also present an economical method of preparing the defense. The standards intend that counsel be provided in all proceedings arising from the initiation of criminal action against the accused, beginning with all pretrial proceedings and continuing through post-conviction proceedings and other proceedings which are adversary in nature (32) e.g., parole revocation hearings, and, further, that the attorney initially appointed should represent the defendant through all such stages. (33) The thrust of these standards is that the best and fairest results are achieved when the system for providing defense services is as good as the system which society provides
Who is affected by Federal Law? Everybody In the United States a nd Its territories! It Is just as much a part at the lawyer's job to know his clients' r ights and duties under Federal law as it Is to know their rights under a ny other law. Only the United Sta tes Code Annotated helps today's lawyer by giving him the text ot the official U. S. Code together with annotations at the court constructions of those federal laws - information every lawyer must have. WEST PUBLISHING
36
CO~lPANY,
50 W. Kellogg Boulevard, St. Paul, MInD. 611102
Weare proud, and delighted, to join in this salute to the" Arkansas Lawyer" the Honorable Edward 1. Wright
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PULASKI HEIGHTS BANK little Rock, Arkansas BANK OF MALVERN Malvern, Arkansas FIRST NATIONAL BANK Conway, Arkansas CITY NATIONAL BANK Ft. Smith, Arkansas
STATE BANK OF CALICO ROCK Cal ico Rock, Arkansas THE MERCHANTS & PLANTERS BANK Camden, Arkansas BANK OF CHERRY VALLEY Cherry Valley, Arkansas
THE STATE FIRST NATIONAL BANK Texarkana, Arkansas ARKANSAS FIRST NATIONAL BANK Hot Springs, Arkansas PHILLIPS NATIONAL BANK Helena, Arkansas
THE TEXARKANA NATIONAL BANK Texarkana, Texas BANK OF BENTONVilLE Bentonville, Arkansas
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37
CITIZENS BANK Bentonville, Arkansas
EXECUTIVE COMMITTEE NOTES by R obert D. R oss Secretary-Treasurer
The Executive Committee in October voted to approve the offering, throug h Rather, Beyer, & Harper, of a new group professional liability coverage_ Sid Davis, Chairma n of the Association's Group Insurance Plans
Committee, reported on the policy to be offered by Continental Casualty Company through Rather, Beyer and Harper. The company is offering a package to include professional liability, premises and business liability, non-ph ysical type personal injury liability and non-owned automobile liability insurance. The compa ny will guara ntee that coverage will be available for a t least 5 years and tha t the proposed rate will be maintained for at least 3 yea rs. The company wiB re-. quire that the Associati on crea te a cla im s review or evaluation committee
a nd establish an ed ucational program concerning docke t control and other
areas of high risk experience. The company agreed that if an attorney already had package coverage of the three items other tha n professional liability, that it would delete those items of coverage for that lawyer. Mr.
Arkansas Administration for its action in conjunction with that part of the
proposal which provided for the construction of a building to house the Li ttle Rock Division of the University of Arkansas Law School. Those present were representatives of the Executi ve Committee, Arkansas Bar
Foundation, University of Arkansas Administration and University of Arkansas Board of Trustees. J o hn G ill , C hairm a n of th e Associa tion's Public Relations Committee has reported on the Public Rela tions meeting in Chicago which he a ttended in October. Mr. Gill pre-
All members of the Arkansas Bar Association are invited to atte nd at their own expense.
J ack Deacon reported at the November meeting that Dean Barnhart advised the Legal E ducation Council that the Law School in Fayetteville does not wish to house the Fall Legal Institute in the future because of the growing problems of in adequate housin g for participants.
Deacon also reported that the Legal Ed uca tion Council had voted to terminate the Institu te at Fa yetteville and reinstitute it at Little R ock. The action of the Legal E ducation Council
sented several ideas for areas of ac-
in movin g the location of th e in stitute
ti vity by his committee a nd asked the
to Little Rock was approved.
Executive Committee to authorize an expenditure for activities of his committee, including th e hiring of a public relations consultant on an hourly basis
as desired. Authority was gra nted. Ed Bethune, Chairma n of the workshop projec t on Minimum Stan-
The annual audit of the Association
for the fiscal yea r 1969-70 was presented to the Executive Committee in November an d approved .
As of the November meeting of the Executi ve Committee, membership in the new La w Stud ent Division of the
Associa tion had reached 80. As of December 10, 1970, membership in the Arka nsas Ba r Association, not including the Student Division, had reached 1,444 which is the
the Executive Committee accept the proposal.
da rds of Criminal Justice scheduled for the day and a half just prior to the Mid-Year Meeting in Hot Springs, reported on the progress. Ex penses of Supreme Court Justices, Circui t J udges, Chancellors and Prosecuting Attorn eys and th eir deputies, up to a
The Executive Committee met in
max imum of 100 attendees, will be
mee ting authorized a resoluti on com-
paid from funds supplied for the
mending Edwa rd L. Wright of Little Rock, President of the American Ba r
D av is' Committee recomme nded that
Hot Springs on the afternoon of November 19 and the morning of November 20. The Thursday after-
work shop.
The
workshop
is
c<r
noon porti on of the meeting was for
sponsored by the Arkansas Supreme Court, The American Ba r Associa-
the purpose of discus ing the Arkansas Bar Foundation proposal for the Bar Center complex previously approved by the Executive Committee and presented to the University of
The Stale Judicial Council and The Ark a nsas Prosecuting Attorn e ys Associa tion. Funds are provided b y LEAA.
tion, The Arkansas B ar As ociati on,
38
highest number ever recorded .
The Committee at its November
Associati on, and honoring him
by
dedicating the January, 197 1 issue of The Arkansas La wyer to him . The Committee has also authorized the By-monthl y publication of The Continued on page 40
JUDGES AND PROSECUTING AnORNEYS' WORKSHOP ON STANDARDS JANUARY 20-21,1971 ARLINGTON HOTEL HOT SPRINGS , ARKANSAS
IT'S ASSIZETIME IN ARKANSAS None will question that these are difficult times in the administration of criminal justice. Fortunately. the American Bar Association, under the leadership of such outstand-
ing jurists as Otiel Justice Warren E. Burger and Mr. Justice Tom Clark, has developed Standards covering this lield. We
Sponwred by the Arkansas Supreme Court with the support of the Arkansas Judicial Council; the Arkansas Prosec1Iting Attorneys Association; th e American Bar Associa~ li on; and the Arkansas Bar Association.
3fe proud to sponsor this ÂŁirst Workshop for Arkansas Judges and Prosecuting Attorneys to study the comparative analysis between Arkansas law and these Standards. woking at the notice of this program. one must be impressed with the unanimity of support by the named Associations for this Workshop . We are looking forward to working with our Al:kansas Judges , Prosecutors and Defense Attorneys in this endeavor. It is assizetime in Arkansas .
(Editor's Comment-To understand the purpose of the Standards Workshop more fully, one should first read the two related articles in this issue of The Arkansas Lawyer, viz .. "Standards for the Administration of Criminal Justice" by Judge Howard C. Bratton and "It's Assizetime in Arkansas" by Edwin R. Bethune, Jr.)
tQ~'J4.......;,) Carleton Harris . Chid Justice Supreme Court of Arkansas
The Standards Workshop is a CLE program for Arkansas judges and prosecuting attorneys approved and funded. by the Arkansas Commission on Crime and Law Enforcement with LEAA fund s, as a program under the Arkansas Comprehensive Law Enforcement Plan. Accordingly, the basic expenses of the judges and prosecuting attorneys will be paid. There will be no registration fee for other Association members wishing to attend the technical sessions, but such members will be charged at cost for any luncheon or dinner attended. The Workshop is the first in a planned series to consider in depth all of the Standards. These Workshops are facilitated by the Arkansas Project on Standards for Criminal Just ice at the University of Arkansas School of Law. The Arkansas Project is conducting an in-depth comparative analysis of Arkansas law with the Standards to develop proposed legislation and Supreme Court rules. The project is under Projcct Director Rafael Guzman , Professor of Law, and the basic research is being done by selected law st udents.
The Standards Workshop will interlock with the Association's Mid-Year M eeting with the LUNCHEON SESSION at noon, Thursday. Mr. Jus tice T om C. Clark is a particular friend of Arkansas (read his address at page 84, September 1970 issue of The Arkansas Lawyer to appreciate his friendship) and will be the luncheon speaker. It is hoped that all attendees at the Workshop and MidYear Meeting will hear this distinguished American.
WORKSHOP APPROACH The Standards Workshop will have a three-pronged approach in considering the Standards for the Administration of Criminal Justice. ( I ) In-depth study of three of the seventeen Standards under the chairmanship of three Arkansas judges. Attendees will have been assigned to one of three individual study groups. Workshop I-Chairman, Judge William Enfield HPretrial Release" ,
39
Workshop II-Chairman , Judge Bobby Steele "Guilty Pleas". Workshop III-Cha irman, Judge Melvin Mayfield "Speedy Trial".
SPEAKERS The Standards as a whole and the role of the American Bar Association will be covered by fOllr nationally kn own speakers in this field. ( I) Mr. Justice Tom C . Clark. Retired Associate Justice, Un ited States Supreme Court; Director, Federal Judicial Center, Washington, D.C.; Chairman of ABA Committee to I mplement Standards for Administration of Criminal J lis t ice. (2) Mr. ' William H. E rickson. Associate Justice, Colorado Supreme Court; C hairman Elect, ABA Criminal Law Section; Member, ABA Federal Rules of Procedure Committee; M ember, ABA Standards for Administration of Criminal Justice (Prosecution and D efense Functions) Committee; Member, Clark Committee to Implement Standards. (3) Professor Samuel Dash. Chaimlan, ABA Criminal Law Section; Director, Georgetown Institute of Criminal Law and Procedure; Past President, ational Association of Defense Attorneys in Criminal Cases; Former District Attorney; Consultant to ABA Advisory Committee on Prosecution and Defense Functions; Member, ABA Crime Prevention and Control Committee. (4) Mr. Louis B. ichols. ational College of District Attorneys Regent; Member, Clark Committee to Implemen t Standards; Re tired Assistant to the Director, Federal Bureau of Investigation, and Corporate Executive; Past Chairman of ABA Criminal Law Section. The legal and LEAA considerations wiII be discussed by Mr. J. C . D eacon, President or the Arkansas Bar Association, and by Mr. John H. Hickey, Director, Arkansas Commission on Crime and Law Enforcement, respectively. The Workshop program in detail has been mailed out to all concerned. Register-Register-R egister.
Executive Committee Notes Co ntinu ed fr o m page 38
Arkansas Lawyer as requested by the publisher. J ack Deacon has appointed a drafting commi ttee to prepare th e legislation necessary to im plement the pwposal made by the Bar F oundation and Bar Association to finan ce the building o( (acilities to house the Little Rock Division o( the U. o( A. Law School. The University o( Arkansas Board o( Trustees on December II , 1970, approved in principle the proposal made by the Association and the Found ation to have the build ing located on Foundation property in the proposed Hotel-Convention centerBar Center complex on West M a rkham. The Desk Book supplement is almost read y (or the printers and hope(ully will be available (or purchase by the time o( the M id-Year meeting in Hot Springs. Another convoca tion of committee chairmen will be held, probably in Febru ary or March, 1971, at which meeti ng the committ.ee chairmen will discuss activities undertaken , progress made and pla ns (or the balance o( the Associati on year.
WORLD-WIDE
TRAVEL SERVICE
INCORPORATE D Mon uments to the Spirit of Ma n- from that prehistori c dawn of mid·summer's day at Sto nehenge thro ugh t he plain at Runn ymede on which the Magna Carta was signed-are everywhere to be fou nd in the Bri tish Isles. Let yo ur imagi natio n trave l back in time to Eng land where th e American Bar Associati on wi ll co nve ne th is summer. What more appropriate way to reach your destina tion tha n aboard the newest of the "Oueens"- the liner Queen Elizabeth II ? Let th e salt air and sea breezes clear all the ca res and co bwebs from yo ur mi nd and arrive refreshed and ready for the pace of convention. When the mee ting adj ourns, pick yo ur pleasure. The treasures of th e Old Wo rld are withi n your grasp. Whether in groups of old friends or individuall y, you now have the op portun ity to plan a memo rab le ad ve nture. In London proper you might visit Old Bailey's, St. Paul's Cathedral an d the Tower for a view of the Crown Jewels. Or tour the quaint villages in the count ry· side of Ken t, Surrey and Sussex. The Lochs of Scotland or the Isle of Skye may be you r pa rt icular bowl of HaggiS. And while yo u' re th at close to Ireland a visit to Blarney Cast le is a must (who knows what a kiss on the fabled Stone might do for a trial lawyer?). Tours of the continent can be put together in any number of com binations. Scandinavia , the Iron Curtain co untr ies and th e sunny shores of the Med ite rranean are equally accessible. Now is th e tim e for all good men to come to a decision. Let us come to the aid of your party . Wo rld-Wide Trave l Service Dolly Leigh , Manager
Add more
excitement
Standards For The Administration of Criminal Justice
toyonr
London trip
Co ntinu ed f r o m page 36
A.2d 689 (1969 ); P eo pl e v. R icbe. 40 III . 2d 565, N.E .2rl 313 (J968 ); St a l e V. Har re ll , 40 Wis . 2d 187, N.W.2d (1968 ); St a le v . Tuncndc r . 182 Ne b. 701, N.W.2d 165 C19G8I: Stale v . Wa rre n . 278 Minn . 119. N.W.2d 273 {loon
241 161 157 153
13. ABA Standa rds . Picas of Gui lty 3.1- 4. 14 . Id . 1.8. 3.1.
15. ABA Standa rds , Speedy Trial (Appro\'cd Drart 1968 ) 1.1 .. and accompanyins Commentary , 16. Id . 2.1 ·, 1. 17. (d. 2.3. IB. ld . 4.1. : see United Slaies v Ma rk " Electronics , Inc .. 283 F . SuPP . 280 (E .D. La . 1868). 19. ABA Standards . Post-Conviction Remedies (Approved Draft 19681. 20. ABA Standa rds . Discovery and Procedure Before Trial (Tentative Dra H 1969). See note lIa . 21. Id . 2.1. 22. Id . 3.1-.2. 23. Id . 4.2. 24. Id . 1.3-.4. 25. Id . 5.1 (b ). 26. Id . 5.2. 'n o Id . 5.3. 28. ABA Sta ndards. P roviding Defense Ser vices (Approved Draft 1968 ). 29. Id . 1.3. 30. Id . 1.4 . 31. Id . 1.5. 32. Id. 4.1·.2.
33. Id. 5.2.
.r.
Scand inavia . The British Isles. Russia. Europe. They're all just a plane ri de away from London site of the 1971 Bri tish· Ame rica n Bar Association meeting. Plan ning to attend? We'll make all the arrangeme nts for you r London fl ights and acco mm o· da tions plus a memorable side tri p - before or after the mee ting. Tickets, tours, trave l tips .. , we'll handle everything. At no cost to you. Ask us abou t travel. We've got all the answers.
~
WORLD-WIDE TRAVEL SERVICE INCORPORATED Wo rt hen Bank Bui l ding Little Rock, Ark a nsas 5 01 - 378- 1 2 1 1 WATS Line 1-8 00.48 2-84 8 4
40
The cover is the proverbial "picture worth a thousand wor ds " . ...... . And in its distinctive way, the cover best expresses our admira tion for this great man . . .. . .
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TO THE HONORABLE EDWARD L.
WRIGHT ARKANSAS ASSOCIATION OF WOMEN LAWYERS
CRITTENDEN COUNTY BAR ASSOCIATION
ARKANSAS COUNTY BAR ASSOCIATION
CRAWFORD COUNTY BAR ASSOCIATION
BAXTER-MARION COUNTY BAR ASSOCIATION
EIGHTH CHANCERY BAR ASSOCIATION
BENTON COUNTY BAR ASSOCIATION
FAULKNER COUNTY BAR ASSOCIATION
BlYTHEVILLE BAR ASSOCIATION
GARLAND COUNTY BAR ASSOCIATION
CHICOT COUNTY BAR ASSOCIATION
GREENE & CLAY COUNTY BAR ASSOCIATION
CLARK COUNTY BAR ASSOCIATION
HEMPSTEAD COUNTY BAR ASSOCIATION
COLUMBIA COUNTY BAR ASSOCIATION
HOT SPRING COUNTY BAR ASSOCIATION
CONWAY COUNTY BAR ASSOCIATION
JACKSON COUNTY BAR ASSOCIATION
CRAIGHEAD COUNTY BAR ASSOCIATION
JEFFERSON COUNTY BAR ASSOCIATION 42
Dear Ed : Your fellow lawyers, members of the Associations sponsoring this letter, make thi s public acknowl edgement of thei r respect and appreciation for the second Arkansan ever to serve as Presiden t of the American Bar Association numbering over 150,000 members. We know you as adversary; as co-cou nsel; as friend; as President of the Pulaski County Bar Association and of the Arkansas Bar Association; as architect of, an d prime mover f or, the modern Arkansas Bar Association; as its Outstanding Lawyer; and as lawye rleader in Church and Community affairs_ We have lea rned that the best of Ed Wright goes into his representa ti on of every client whether it be an indigent wi th out fee or a large corp oration with su bstantial fee. We have seen cred it come to our profession because of you and you r activities and you r leadersh ip in ou r legal ci rcles has imbued greater pride in the profession on the part of individua l lawye rs_ We recogn ize your success as stemm ing from adherence to these precepts: Be prepared - completely Be prompt- habitually
Be emphatic-pleasantly Be right- graciously Be positive- diplomatically Be loyal - totally and, above all else, Be firm - in your Faith
Be brief-politely Be agressive-tactfully
We believe that you are that rare individual who combines the best quali ties and abilities of a forcefu l advocate with those of highly sensi tive, wise and considerate, judicial temperament. We cong ratulate you an d the legal profession in Arkansas on you r selection as President of the American Bar Associa ti on and wish you many more years of fruitful service to you r Profession, State and Nation.
LEE COUNTY BAR ASSOCIATION
SALINE COUNTY BAR ASSOCIATION
NORTHEAST ARKANSAS BAR ASSOCIATION
SEBASTIAN COUNTY BAR ASSOCIATION
OUACHITA COUNTY BAR ASSOCIATION
SOUTHEAST ARKANSAS LEGAL INSTITUTE
PHILLIPS COUNTY BAR ASSOCIATION
SOUTHWEST ARKANSAS BAR ASSOCIATION
POINSm COUNTY BAR ASSOCIATION
TEXARKANA BAR ASSOCIATION
POLK COUNTY BAR ASSOCIATION THIRTEENTH JUDICAL DISTRICT BAR ASSOCIATION
POPE-YELL COUNTY BAR ASSOCIATION PULASKI COUNTY BAR ASSOCIATION
UNION COUNTY BAR ASSOCIATION
RANDOLPH-LAWRENCE COUNTRIES BAR ASSOCIATION
WASHINGTON COUNTY BAR ASSOCIATION
ST, FRANCIS COUNTY BAR ASSOCIATION
WHITE COUNTY BAR ASSOCIATION 43
"There Will Always Be An England . .. "
~
..
<'T".-'
....'7;
44
Yea verily, as Sir Winston Churchill said , " There will always be an England." However, the London Meeting of the American Bar Association during July 14-20 , 1971 will afford members of the Bench and Bar the perfect excuse of doing the London scene now. American lawyers owe it to themselves to visit the birthplace of the Magna Carta and the cradle of the Common Law . Arkansas lawyers have this added in centive- Mr. Edward L. Wright will be the President of the American Bar Association for the London Meeting. Although we do not believe that lawyers' wives will need any urging to accompany their husbands to London , perhaps these photos will add to their anticipation . We are indebted to the British Tourist Authority for permission to use the photos . Although the Arkansas Bar Association has not contracted for a charter to London , the Little Rock travel agencies ha ve been working diligently on arrangements not only for the trip to London , but also for many side trips- see their ad vertisements in this issue of The Arkansas Lawyer.
The London Scene . ... Do the town with a delightful professional guide on a planned tour, , , or buy a London Transport "Go as You Please" weekly ticket and visit what you wish to see , , , Here are a few points of interest, , ,
St, Martin-in-the-F ields St. Mary-Ie-Bow St. Paul's Cathedral St, Paul's Covent Garden Science Museum Shel l Centre Viewing Gallery London Silver Vaults
Tate Gallery Tower of London Victoria & Albert Museum
Wallace Collection Wellington Museum
Wesley's Chapel Westminster Abbey Westminster Cathedral
Soane Museum Somerset House Southwark Cathedral Stock Exchange
All Hallows by the Tower Banqueting Hall Battersea Pl easure Gardens Billingsgate Market British Museum
Buckingham Place Caledonian Market Camde~ Passage Antique Centre and
Ma rket Chelsea Ant ique Market Chelsea Royal Hospital Courtauld In stitute Galleries
Covent Garden Design Centre
Dickens House Discovery Geffrye Museum
Geological Museum George Inn
Gui ldh all H ouses of Parliament Imperial War Museum
Jewel Tower Jewish Museum Dr. Johnson's House Lancaster House Law Courts
Leadenhall Market Madame Tussaud's Mansion House Marlborough H ouse Monument
Nationa l Ga llery National Portrait Gallery Natural History Museum
Old Bailey Old Curiosity Shop
Petticoat Lane Plane tairum Public Record Office "Roman" Bath
Royal Academy of Arts Roya l Exchange Royal News St, Bartholomew T he Grea t St, Bride's St, George's Cathedra l SI. Giles' Chu rch St, James's Palace
46
Westminster Hall Zoological Gardens British Travel (Tourist Information Centre)
Congratulations To The Honorable Edward Wright NOW IS THE TI ME
i
8"
mwi ~Mt U1~ LITTLE ROCK, ARKANSAS 7220 3 Telephone 372-6832
Pyramid Life BuUding
I
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....... to take that long postponed trip abroad . What a rare opportunity to attend the ABA Meet ing in London wi t h "your own" Ed Wright offic iating as president. Doors will be opened, ha nds extended , during this once In a lifetime opportunity. Many of you must share our enthusiasm for the response to our POE ·GO offerings has been overwhelming . . Now to answer some of your questions . YES, we do have a few remain ing rooms at the Russell Hotel available loyou, but we must hear from you immediately!!!! YES. Jim Rule 01 POE -GO slall will be al the Russeli to help you with your day to day plans , theatre tickets. etc ... NO,there is no more space ava ilable on the 1st Western European Fortnight post ·bar trip escorted by Barbara and Guy Ams ler. It is wait·listed ... But ... YES,a 2nd Western Europen Fortnight has been opened!! same Itinerary, but operating in reverse ( thus preserving the delights of traveling in a small group ). This trip, escorted by Belinda and Jack Williams, will begin in Am sterdam, traveling up the Rhine through southern Germany, tiny Liechtenstein , into Bern , Swi tzerland then on to Paris. 'Tis already lj, booked so if you 're interested. let us know r ight away! YES, the Central·Eastern European tr ip has some openings. This trip , designed for the curious , offers the opport unit y to see contemporary history in the making ... to see what it's really like behind the iron curtain ... yet , with the security of a group and a trained courier . The itinerary ... East & West Berlin, Budapest, Prague, term inat ing in glorious Vienna . Grace and Austin McCas kill will be the escorts. Asyou can tell those on the POE ·GO staff have been busy plan · ning for your good·t ime aborad . Of course, most of you know we specialize In independent travel so if you want to do your "own th ing," let us hear from you soon!!!! Reservations are getting tight , post·bar tr ips are almost filled .... .THE TIME IS NOW _ Sounds exciting, doesn 't it? For further details, contact Mr s. Aust in McCaskill of Poe ·Go. She'll be on hand at the Arlington in Hot Springs at the Poe ·Go booth to answer all your travel ques· tions during the Arka nsas Bar Assoc iation 's Mld ·year Meeting June 20 & 21. See yo u in London ,
....
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The Arlington Hotel welcomes The Arkansas Bar Association, January 20-21 and Edward L. Wright, President, American Bar Association
HOTEL Hot Springs National Park. Arkansas Edgar A . May
Leland H i lborn
Manager
Convention Sales
AC 501
623-7771
r----------------------------------------,
We are proud of Ed Wright and the honor he has brought to Arkansas. It is a privilege for us to pay him this tribute_
I RATHER, BEYER & HARPER Administrators 223 Louisiana Street
â&#x20AC;˘
Phone 373-4117
I I
_______________._~~~~~~~~a~:s_________.______J
The President of the American Bar Association should be a man like Ed Wright.
Union National Bank Of Little Rock
Member FD IC