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Arkansas Bar Association 408 Donaghey Bldg.

Little Rock, Arkansas 7220 I

MAY 1971 VOl. 5 NO . 3

~e THE OFFICIAL PUBLICATION OF THE ARKANSAS BAR ASSOCIATION

OFFICERS

J. C. Deacon, President Paul B. Young, President路 Elect Robert D. Ross, Secretary路Treasurer

EXECUTIVE DIRECTOR

C. E. Ransick

Arkansas Lawyer SPECIAL FEATU'RES law Day Committee Report .. .... . ... . Clint Huey 101 " Count Your Blessings " ... . .. Chief Justice Harris 110 Proposals for a New Crime Code ....... Attorney General Ray Thornton 88 73rd Annual Meeting Program .. . . .. .. .. . . . . . .. 98 Standards Workshop I . .. ... .. . . . ....... .. . .. .. 104 law Day Essay Contest .. . . . .. . . . .. .. .. . . . . . . ... 94

EXECUTIVE COMMITTEE

Henry Woods, Chairman Wayne Boyce Robert Shults Phillip Carroll James B. Sharp James E. West Ex-Officio

J. C. Deacon Paul B. Young Robert D. Ross James Buttry Robert l. Jones, Jr. James B. Blair Earl J. lane lou is l. Ramsay , Jr.

REGULAR FEATURES About the Cover ... .. . . . Judge John A. Fogleman 108 President's Report ... . ... .... ... .. . . J . C. Deacon 87 Juris Dictum .. . . .... . . . .. .. ... . .. . . ... C. R. Huie 92 law School News .... . . .. . .. . . . .. . ... Ed Hargis 102 Oyez, Oyez .............. . ... .... . . B. Ghormley 86 In Memoriam ... .. . ...... . .......... . . . .. . ... 112 Executive Committee Notes .. .. .. . Robert D. Ross 103 Bar PR ... . ...... . .. . .... . .. . ...... Mike Barrier 95 Published Quarterly by the Ark a nsas Bar A ss ociation , 314 West Milrkham, Littl t!

Rock, Arkan sas 72201. Second clus postage paid at Little Rock , Arkilnsas.

Subscri ption price to non-members of th e Arkansas Bar AssOCiation $6 _00 per year and to members $2_00 per yeu includ e d in annual dues. Any opinion e xpres sed here in is th a t of the author, and n o t n e c essa ri l y tha t of the Ar k ans,u Bar Association, the Arkilnsa s Lawye r, or the Editorial Committee. C on t ribu tion s to the Arkiln sa s Lawyer are wel come ilnd should be loflnt I n two copies to the Arkilnus ailr Cente r, 314 West Markh a m , Little Rock , Arkilnus 72201.

EDITORIAL COMMITTEE

Robert D. Ross Phil ip E. Dixon C. E. Ransick

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William H. Bowen of Smith, Williams, Friday & Bowen has been elected president and a director of the Commercial National Bank. William H. Sutton also of Smith, Williams, FrIday & Bowen has been appointed Arkansas chairman of the Defense Research Institu te which is composed of more than 6,000 members interested in legal research and improvement of the judicial process. Gene Ral! of Raff & Asher, Helena , has been elected to the Board of Directors of the National River Academy of the United States of fo,merica . Richard E. Grilfin. Crossett, was named to complete a one year term as Director of the Cros路 sett Chamber of Commerce. Governor Dale Bumpers. Jerry Watkins. EI Dorado, and Representative David H. Pryor have been initiated as honorary members of the new Delta Theta Phi law fraternity chapter at the Little Rock Division of the University of Arkansas School of Law named for Senator John L. McClellan. J. L. Shaver , Jr., Wynne , was elected attorney for the St. Francis Levee District. Robert L. J ones. Jr., Fort Smith, has been appointed as a member of the ABA Standing Committee on Lawyer Referral Service. Bob Sanders. Arkadelphia , has been appointed Municipal Court Attorney for the city of Arkadelphia, which is a new position created by the City Board of Directors. Richard Hobbs has been appointed to serve as Chair路 man of the newly created Animal Control Commission at Hot Springs. W. H. "Buddy" Daggett has received a commission to fill the unexpired term of the late F. N. Burke, Jr. as MuniCipal Judge for the city of Marianna . James Storey. Little Rock, is the 1971 chairman of the Arkansas chapter of the National Multiple Sclerosis Society. The Mahony family of El Dorado has been in law practice for 75 years beginning with the late Judge Emon O. Mahoney to today's firm of Emon A. Mahony and his two sons : Joseph K. Mahony and Michael Ma hony. A third son, Emon A. Mahony. Jr. is on the legal staff of Senator McClellan. Paul Pendleton of Pine Bluff was the guest speaker of the Credit Women International and spoke on IlLegislation and You", Herby Branscum, Little Rock , is the new president of the Arkansas Young Democrats Club. Charles Brown. Little Rock, discussed the 1971 legislation session during the meeting of the Departmental Club. Judith Rogers. North Little Rock, spoke to the Little Rock Women's Club concerning the importance of wills. J. L. Johnson and Steve Choate have opened a new law office as Johnson & Choate, Ltd., in the Worthen Bank Building, Little Rock. The law firm of Murphy, Ar nold and Blair have opened a n office in Ash F lat along wi th their office in Batesville.

M. J . Probst has opened a law office at 404 National Bldg., Pine Bluff. William B. Blevins. North Little Rock, has joined Bob Dawson and Dewey Moore as a law associate at 110 Professional Bldg. The law firm of Dickey. Dickey & Drake with Ken Johnson, an associate, Pine Bluff, have moved their offices to 208 East Fifth Avenue. Lee Ward and Warren Dupwe have announced their partnership with offices at Tn5 East Nettleton Avenue, Jonesboro. The law firm of Frierson, Walker, Snellgrove & Laser have moved their offices to the Mercantile Bank Building, Jonesboro. David N. Laser is a new partner of this firm. Donis Hamilton is now a partner in the law firm of Kirsch Cathey, Brown and Goodwin, Par agould. Charles M. Mooney and J oe C. Boone, Jonesboro, have a partnership with offices located at 214 E. Washington. Dav id Glover . 1969 grad uate has joined his father , Lawson Glover in the practice of law in Malvern. Dav idson, Plastiras & Horne have announced that J . Mark Spradley is now associated wi th their firm . Dennis Berry, formerly of Corning, has formed a partnership with John Burris with offices in Pocahontas. Robert H. Dudley, former partner of Mr. Burris, is now serving as Mun icipal J udge of Randolph County . Robert H. Holmes has become a partner with Bridges Young, Matthews & Davis, Pine Bluff. '

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By J.e. Deacon

A special program is planned for the ladies including a demonstration talk by famous artist Dan Howard, a brid ge party, and a private advan ce look at Hot Springs Village.

The business program Friday afternoon will include a vote on the new Constitution and By-L~lwS ,,,hich proposes innovative changes in our association structure. This proposal has been mailed and you will note that legis lati ve control of th e Association is vested in a House of Delegates composed of representatives elected from local bars throughout the State. We are confident that the adoption of this new format will plovide democratization and interest in the affairs of th e association never before achieved.

The recen t legislative session of the General Assembly was both a busy and productive onc for our Association spo nsored legislation. We are pleased to report that twelve separate bills recommended by the Association have now been enacted into law. We were, of course, disappointed that our efforts in the fi eld of lega l education and amend路 ment of our rules of discovery narrowly failed of passage, but these were only a s mall part of the effort to slJunsur legislation for the good of th e public and of the legal profession, We have been fortunate this year to have olltstanding work on behalI of th e Sections and Committees of our Association . In recognition of their fin e work this year, for the first time. we plan to honor some of th ese hard working members with a Committee Chairman Recognition Dinner at our annual meeting.

The interest in the work of th e organized bar is at a high level. and our Association membership has rea ched a new record with 1.497 m embers. It has been my pleasure to have a part in th e progress of this great group of Arkansas lawyers.

I hope to have the opportunity of visiting with you personally in H o t Springs on Wednesday eve ning, JlUl e 2, at our Convention.

Our busy Association year will soon climax with an interesting and informative annual convention. As usual we will be at the Arlington Hotel in Hot Springs. and th e dates are June 2路5.1971The golf enthusiasts will get things started Wednesday with our annual Golf Tournament. That evening the con路 vention will formally open at 6: 30 p.m. with the Presi路 dent's Rece ption. All registrants and their ladies are invited. On Thursday at noon we will again Ceature th e Annual Awards Luncheon. The Arkansas Bar Foundation will ann ounce its selection of th e Outstanding Lawyer, the Ou tstandin g Lawyer Citizen and the Outstanding Small and Large Bar Associations. The highlight of our convention will be th e appearance of Governor Dale Bumpers as our featured speaker at the annual banquet Thursday night. Afterwards there will be dancing in the Arlington ballroom. On Friday afternoon the President Elect's Reception, honoring Paul and Marcella Young, will be held on the pool deck. TIlereafter. we will again go to Majestic Lodge on Lake Hamilton for th e inIormal barbeque which should even be more fun this year with an entertainment program.

OLU bus iness and edu cational programs will get started Thursday morning. Many of the Sections and Committees have scheduled special meetings and you are urged to consult your program for the time and place. Thursday afternoon we are honored to have our own Ed Wright speak to us in his capacity as Pres ident of the American Bar Association. The same afternoon Chesterfield Smith of Florida. a form er President of the National Conference of Bar Presidents. will talk 011 the timely subj ect of " Specialization." Friday we will have Stanley Mullin of Los Angeles tell us about "Client Security Funds' and th en Dick Markus, President of ATLA, will discuss the current controvers ial issue of "No Fault Insurance." The annual debate und er the auspices of our Young Lawyers' Section '''''ilI concern th e controversial marijuana problem.

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Proposals for a New Criminal Code - - Arkan sas Attorney General Ray Thornton It's . . ea lly a great privilege and

honor for me to have this opportunity today to come over and talk with you about the problems of criminal law in Arkansas and as I approach this subjec t, [ rea lize a couple of things very quickly. First. that from the time that I served as a Deputy Prosecuting Attorney, until recently, Volumes 4 and 4-A of the Arkansas Statutes were rarely opened in my private law office.

1 feel sure that this is tnlc of many practicing Attorneys around the State o f Arkansas-that we get into these volumes on crim inal law very infrequently, when re latives or friends of

dienl:s require o ur services. And ye t to SO many Arkansans these volumes

constitute the body of the law. And so, for a few minutes toda y let's dust off Volumes 4 and 4-A of the Arkansas Statutes and consider some of the things that need to be considered in the area of criminal law.

In approaching a subject like this, I also ha ve the feeling that a friend of mine, Clyde Scott. once had-Clyde, as you reme mber. was not o nly a great halfback for the University of Arkansas, but he was one of the best defensive men that Barnhill ever had. It happened one time down at Baylor

(Editor's nOle:-A uorney General Ra y Thornton "pu t it all together" as the Friday lun cheon speaker at th e Arkansas Bar Association's 18th MidYear Meeting. He establish ed th e need for co mplete revision of th e Criminal Code, and made co nstructive proposals in this con nection . He ca lled for a coordinated effort by th e m embers of the Judiciary. by the Bar Association. and by experienced practitioners in the criminal la w field. He received a tremendous ova tion.)

University that they were completing passes out in Scottie's end of the field .

Barn hill called for a time out and called Clyde over to the side a nd said, "Scottie, you're my best pass defense man, what's h appen in g? They keep

completing passes over there in your area and 1 want it stopped." Scottie said. "Well, Coach, they're sending a man in deep, and he's driving me back. And as I drop back to pick him up. they float a man in hallow and complete the pass to him. What do you want me to do?" Barnhill thought a second and replied, "Scatter out".

Perhaps in trying to deal with a subject as broad and complicated as criminal law in Arkansas, it would be necessary today to scatter out and hit the high spots. But first, I would like to illustrate. if I may, what is happening in our society. Today we're busy.

You're busy and I'm busy. We are pressed by our daily activities. The demands of our technology are extreme and its stress on our lives is relentless. There was a lady down at Leola. a small town where I spent my

I 88

earl y years, who was one o f these very busy peo ple. She was a widow charged with the respo nsibility of raising five children. She taught Sunday School and even substituted as a teacher. Her burden was so heavy that she began going down to the railroad track every day just as the train came through.

Her neighbors began to ge t worried about her and called their Preacher and said , " We're concerned about Mrs. j ones. She must be depressed with all of the load and worry that she has. We wish you would do something to help." So the Preacher went over and ta lk ed with her. " Mrs. j ones," he sa id, "your neighbors are concerned .

What can we do to help you ? We know yo u 're busy and yo ur burdens are heavy. Is th ere an ything that we cnn do'!" An d she smiled and said , HPreacher. yo u just don't unmderstand. 111at train is the only thing moving in this town and I'm not pushing ."

Now we are a ll busy today. We are pushing and we a re being pushed . The pressures on our life are so enormous that we wonder how they compare with the experiences of ninety or a hundred years ago? As H enry Woods mentioned , I had the privilege of growing up with a wo nderful Grandfather, who lert us a year ago at 89 yea rs of age. As I wa lked beside him and listened to the s tories of his youth , I practicall y began to live those experiences with him . He was born in the little community of M ountain Spring, up north of Cabot, and it was probably a typica l small town for those days. He told abo ut the Preacher who ran away with th e Church treasury$35 0.00- that they had saved up to build a new C hurch. I asked my Granddad wha t happened and he said, " Well , it worked out all right.

They caught up with him down around T exarkana and he had only spent $20.00." And I asked " Wha t did they d o about that ?" and Gra nddad said , " Well we brought him back and we made him preach it out."

I hope these experiences illustrate the change in our country from an agrarian based society of not too man y years ago, to a society in which the proliferation of technolob'Y h as placed tremendo us demands upon each one of us in our daily lives. And because we are aware of the dramatic change which has occurred, early in my campaign last year, I ca lled for a complete recodification of the criminal laws of

Arkansas. T oday I still sup port such a program . Our governing principle for reform was stated clearl y by the fo rm er U nited S ta tes Atto rn ey General Ram sey Clark in his recent book. C RIME IN AMERI C A, where he says, "T o li ve in ordered li berty, we must develop social disciplines and in s tituti o na l ac ti o ns re levant to present conditions and future directions, The time bas long since passed when we can afford th e leisurely adaptations of yes teryear. They are hOfJelessly inadeq uate."

Since taking office as Attorney General, we ha ve alread y begu n to stud y some of the problems of our crim ina l law. We recognize that we have no great s kill in this area. We recognize that the reformation of the criminal law in Arkansas is a job that must be coord inated with efforts by members of the judiciary, by the Ba r Associa tio n. and by experienced practitioners in this field. But at th e same time, we believe that within the Attorney General's Office we do have very adequate research facilities. We have " Iso a good sta ff and secretarial help , and it seems to me that this office is a good starting point for compiling a preliminary draft of revisions to our Criminal Code. for stud y and use by other groups before submitting a proposal to the Legisla ture. I would hope that within a year we can ha ve a beginning point. and th at wit h the he lp of Jud ges. Prosecuting Attorneys, the Bar Association a nd others, that by the next General Assembly we can propose to the Legislature a comprehens ive revis ion in our C riminal Cod e. rn1e workshops of the past two days, which ha ve been a great innovation in Ark ansas, have been concerned with several procedura l as pects of criminal jus tice, and I know that you are aware o f th e hea vy load that has been placed upon our procedura l processes of criminal justice by recent court decisions. When I fi rs t contemplated the idea of revising the Crim inal Code. naturally I considered that it should a ffect. not onl y substanti ve law, but also proced ural law. But I"m happy to say tha t under the leadership of yo ur President, J ack Deacon. Jim Storey's committee on the ABA Standards for the Ark ansas Bar Association. Professor Gu zman's fin e young lega l minds and the work of the American Bar Association in this area. a great deal of direction and

89

thought has already been g iven to changes in procedural law. In th e pas t few days. ] 've been made aware of what I cons ider to be a fin e new idea fo r implementing these changes in criminal law procedure. I wish I could take cred it for originating this idea. but I cannot. Ed Be thun e, who is s itting here with us. fi rs t ex pressed the idea in a letter to Jack D eacon under da te of December 3. J 970, a nd b asically Ed's idea ca lls for legisla tive authorization to our own State Supreme Court to enunciate rules o f crimin al procedure, just as in th e Fed e ra l Sys t e m th e Co n g ress authorized the Federal Courts to enunciate the ir rules o f proced ure. If need be these rules formulated b y the Court cou ld be held in abeya nce until n ]pgis lnti vp sess ion had passed so that the Legislature would be given an opportunity to rev iew th em . In his letter Ed o ffers several arguments in sup port of this method of cha nge tha t I think are q uite im porta nt. H e mentions that the Supreme Court can provide the leadershi p necessary to keep rules of criminal practi ce and procedure up to da te; that judicia l rul e -m a kin g wo uld be re la tive ly inexpensive compared to the multitude o f misdirected group and ind ividual efforts which sometimes accompany the passage of one sim ple statu e; that nIle-m akin g is more exped itious than the case by case or statutory meth od of refo rm ; and tha t rule-ma kin g. by providing cla rity and flex ibility to the system. should mi nimize th e num ber of points ra ised on ap peal. Ed has gone further a nd has actua ll y prepared a draft of legislation which would accomplish th e purpose called for in his idea. a nd I would like to earnestl y recommend that each o f you study this idea: tha t you look a t the proposed legisla tion and th a t you determine for yo urselves w heth er or not this method of reform of our procedura l laws might no t be th e best for o ur State. and our j udicial system .

Of course this leaves the ques tio n of refom1 of substanti ve criminal law and here. the chan ges must be accomplished by the Legisla ture. Now there are several ways we could approach this problem. We ca n contin ue the piecemeal, quilt-patching approach of meeting proble ms as they develop by pa tchin g a new solution on every time a new pro blem arises and Continued o n page 90

Continued from page 89

in so doing perhaps weakening th e fa bric of th e e ntire c riminal syste m.

We could go about restnlCturing the existing code. re tainin g its bas ic form and premises, but condu cting a thorough spring cleaning, discardin g worn. o ut-dated areas and kee ping it basically in substance as it is. Finally we co u Id view the c riminal code as an institution which in large part refl ects the values of an argic ultural society free of techno lof,ry ; an institution which, while sound in many respects, has weaknesses which are not only conditioned upon its age but upon its foundation and basic premises. For we live now in an age whe n th e problem is no t th e pool hall but the narcotics pusher, whe re a man 's plastic credit ca rd may be more important to him than his chickens, where a man's ca r or tractor may be more valuable to him th a n his mule or horse. We are living in an age wh ere o ur socie ty ha s r ecog nized its responsibilities fo r its more disadvantaged members, for th e alcoholic. th e addict and th e me ntally disturbed. and we recognize that th ese people d e mand and d eserve treatment, not punishment. It's an age where people are forced into new interrelationships simply because of th e pressure of population and an age wh ere although they lose their individual identity in the masses, yet thro ugh their actions they are often abl e to disrupt th e lives o f th o usa nds because o ur soc iety has grown more d epe nd e nt upon techn ology a nd we upon each oth er.

I think that if we are to m eet these and countless othe r c han ging condition s we must consider redefining what is cri minal. In essence 1 would like to propose nothing less th a n a con ceptual revision of the laws of this S tate governing crimin a l cond uct as well as specific reform of existin g laws. rn order to do this sa tisfactorily we must come to grips with many problems which are controversial and c harged with emotion. \Ve must weigh the e((ects and the knowledge of science. sociology. medicine and tech nol ogy upon the law and we need to bring the combined knowledge of th ese fields into focus upon the pro· blems of revision. And no matter what we com e up with we must rem ember that the mO<5t id eal doc unl e nt which we co uld conceive would not bestow o rd er upo n o ur society unless action is taken at the same time to create a cl i-

ma te in which these concepts could take root and flourish. This means, for examp le. tratntn g loca l police thoroughl y and paying the m sala ries consiste nt with th e dignity of th eir profession, as \vell as giving the criminal the opportunity to re turn as a productive mem ber of society and not sending him to a college for criminals.

It mea ns a revision of the juvenil e cod e along lines that I hope we will be able to introduce at this legislative sess ion so that a young person acclised of a felony may not be branded for th e rest o f his life. It means ad eq uate facilities for the trea tment of the alcoholic. th e addict. and the mentally di sturbed. We must meet th e problems of res tru cturing the c riminal law not on ly with words but with action.

As I traveled around th e State this summer I sen sed a great fru stration and concern among our people about the disrespect for law and our societal institutions and it seems to me that some people who exhibit di srespect for these institutions of justi ce and law simpl y d on' t foresee th e conseq uen ces of th eir action. Our whole western civilization is based u pon the concept that th ere is a set of principles-right and wrong, good and evil- which are more im portant than th e civilization that strives to adhere to th em. These principles we accept on faith, and from this concept has developed the id ea of the wes tern man as an individual s tan d ing unique with a relationship with God which stan d s above

governm e nts. and this, in turn, leads to the doctrine that th e gove rnme nt exis ts for th e citizen and not th e citizen as a pawn of an all-powerful state.

Finally. I would like to suggest that we hear a lot ab out poverty today a nd of poverty as a cause of crim e, and I think this is tme. My Grandfather also told m e that poverty was nothing to b e ash a m ed of nor to be proud of but to be gotten shut of as quickly as con veniently possible. But I would like to submit that the poverty with whic h we are d ealing in th e area of criminal laws is not simply a poverty of material things. There are perhaps few criminal acts which are based upon th e desire to put bread o n a tabl e. It·s some times a poverty o f th e spirit. of bas ic principles to live by. A poverty in not discovering a meaningful ex iste nce, o f those who ha ve lost their way and don'l know wh ere to seek somethin g that th ey can' t find. A poverty in th e tru es t se nse of the word-a wanting. a lacking of something necessary for life. And basically law e nforce ment and criminal justice ralls back upon eac h or uS in our daily lives and the effect that we have on eliminating this kind of poverty in our own families and in our own COOlmunities. Social jus tice in its broad est se nse could be liken ed to a man-made adaptation of the Golden Rule, "Do unto others as you would th a t ot he rs d o unto you". Neither is likely to come to pass over night-each is a proper objec tive.

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JURIS DICTUM

by C.R . H uie

Executive Secretary. Judicial Department

, . Th e role of a S ta le Co urt Administra tor is one which is not too well known or lLnder~ stood by m any la wyers and laym en. An address b y Edward B. M cConnell. Adminis· trative Direc tor of th e Co urts of New Jersey on this subject delivered at th e N ational Co nference on the Judiciary in Williamburg. Virginia. M arch J J·J 4. 1971 was both interes tin g li nd inform ative. We have th erefore chosen Mr. M cCo nne ll as our guest -,pea ker for this issue of th e "A rkall s"s Lawyer". His address follows :

Judge M ur ra h. C hiel Justice Pringle.

D ean Jo in er, Ladies and Gentlemen : Jud ge M urTah's remarks in introd ucing me. prompt a confess ion: I'm living proof of "Peter's Principie." a nd m y ollice 01 " Parkinson's Law" !

I'd resolved to be the onl y speaker at this ConfeTence not to refer to Roscoe Pound 's lamous 1906 address. but I reall y can 't resist doing so.

Altho ug h I was onl y a young man at the tim e . .. !

SeTious ly. sometimes at conferences sti ch as this I'm reminded of a conversatio n I had one tim e wh en I picked my d aughter up alter Sund ay School. "Ba rbara." I sa id. "what did you do in S unday School this morn· ing?" " We ll . D ad." she replied. " we learned all about the Bible." "Don't you lind pa rts 01 it a little bit difli cult to comprehend ?" I asked. " Heck no.

D ad, " s he responded with aSSUTance, "What we understand we understa nd , and what we don't understand we expla in to each o ther! " 11,e topi c which I 've been a sked to ex plain to you toda y-the role 01 a state court administrator- is a real teaser. obvio usly intended to provid e comic relie f, if not an infomlative interlude , between th e more significant addresses that ha ve preceded and will lollow it.

In N ew Jersey, which has now had a state court adminis trator for over 22 years, some judges, many lawyers and most laymen are still only vaguely

aware of wh at my office does, if. indeed they even know it exists! Wh y just last week after address in g a local Rotar y Club luncheon. a neighbor 01 mine came up to me and expressed surprise to learn that l worked for th e State. "Fro m your titl e," he sa id , Hrd always ass umed you were th e tennis pro a t one 01 the local country clubs!"

This ano nymity is not altogeth er surpris in g. sin ce th e average lawyer or la ymen has not been particularly interested in th e admini stration of th e courts. unless and until thin gs go wrong. and a state court administrator. by the very nature of his job, does not have occasion to deal uirectly eith er with many members of the bar or with th e public. and generall y is no l , or at least should not be. embro il ed in partisa n politics or public controversy. M o reover, when th e courts do ge t in the limelight. the judges usuall y see to it that the focus of attentio n is o n them ! It might also be re membered that as an institu tion. th e offi ce o f state court administrato r. altho ugh it now exists in over half th e states, is still relati ve ly new on the governmental scene.

It is difficult to kn ow just where to begin a discussio n of th e rol e of a state court administrator. sin ce th ere is no stereo·type. The nature 01 the ollice vari es widely from jurisdiction to jurisdiction. \Vhere a state has assumed virtually total financial responsibility for th e courts at all levels , as in Chief Ju sti ce Pringle's Co lorado. the natme of th e office is obviously quite diflerent Irom that in

92

the majority of states wh ere count y and muni cipal governments still bear the major burden of court operations.

M oreover, in most jurisdictions. th e office is still in a state of metamorphosis.

In th ese circlmlstances, while it might be infof11lati ve fo r some of you if I were to enumerate th e duties of a state administrati ve office, most o f you, I am sure are at leas t generally familiar w ith th e variety of fun ctions which such o ffices do or might perform. Included are such matters as th e assig nment of judges; the collection and publica tio n o f judicial statis tics ; the handling for the state judiciary of the so-called " housekeeping" fun c· tions 01 budge t. personnel. purchas· in g , court facilities. and th e like ; and the maintennance of liaison between the judiciary and other governmental agencies at the state leve l. Im portant, necessary and time-conslmling as these common ta sks may be, there aTe man y othe r wa ys in which an administrative office, if adequately staffed, can make itself useful , if not indispensable. to the e llecti ve administration of a state court system. I shall not take th e time here. however. to attempt to detail them fOT you.

As I previously mentioned , court administTative offices, as go vernmental institut ions, are still in th e development stage. Indeed this is true of the whole lield 01 court administra· tion, or court management as some preler to call it. Accordingly in the time available. I would like to sketch for you what I consider to be some of

the essen tials for th ei r future full development. l. To begin with. as was pointetl out by yesterday's speakers. we need to recognize that a court system . from an administrative sta ndpoint, is an ex tremely complex o rganiza tion that is morc difficult to manage than the typical business en terprise or governmental agency. There are severa l reasons for this.

8. First. the key people in th e courts are hig h level professsionalsjudges and lawy er~w h o are accustom ed to working as indi vidual . and do not tak e kindl y to regi mentation.

The judge in the black robe does not wea r under it a gray flann el suit- he is not an organization minded man! b. Second. in Ollr governm en tal system we place a very high value on judicial independence. and to insure it we have su rrounded judges with a variety of protections against outside inflences. even administrative ones.

Thus in ou r state. for example. while the Chief Justice is con stituti onall~ the administrative head of all the courts. he has no authority to appo int. promote. demote or remove any judge; in fa ct, th e only people in th e sys tem he can hire and fire are his stenographer. his law secretary. and me! As any executive in business or governm e nt ca n appreciate. this severely limits th e pressures that can be brought to bea r to produce administratively desired results. c. Third. many o f the "dramatis personae" required fo r a successful judicial performance-these include practicing attorneys, jurors, witnesses and li tigants-are not even public employees; and others who are so employed are not within the judicial branch of government- this is particularly tnle on the criminal side. d . Fourth, the various participants in the litigation frocess do not (III have the same goa in mind . but often are pursuing conflictin g objectives. ] n seekin g solutions to th e administrative problems of the courts. we should keep these inhere nt complex ities in mind. since they will. to a s ub s tantial ex t e nt. restrict or de termin e what solutions may be eff""tive.

Incidentally. I should point out. that the fa ct a s itua~ion or system appears complex does not necessaril y mean that some solutions to problems may not, as was suggested yesterday. be amazingly simple. Let me illustrate : An unhappy student wen t to his physics professor with a problem. "Wh y is it," he asked, "every time I d rop a piece of bread, it a lways lands butter-side down ?" The

professor WliS stumped. but recognizing that this was a common phenomenon which he himself had often experienced. he asked th e st ud en t to come back in a week. TIle physics professor consu lted a ll the auth orities in his library und eve n discussed th e matter with a colleague specializing in aero-dynamics. By the time the stud ent came back a week later. th e physics professor had th e answer: "Young man," he sa id . " th e solution to yo ur problem is quite simple: you re bu tterin g the bread o n the wrong side!" (to be continued)

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The Babbs-Merrill Company, Inc. 4JOO W. 61nd St. / Indianapolis. Indiana 46168 Any u!selic r IS Iree 10 c haloe wha te ve r pllce II w Ishes loro ur books.

93

law Day Essay Contest BROOKS

The response to the lirst Law Day Essay Contest spo nsored by th e Arkansas Association of \Varn en Lawyers last year was beyond all ex pectations. so a repeat performan ce was in order for this year.

Mrs. Elizabeth Brooks was again selected as Chairman of the Law Day Committee. and assisting her on the Committee arc Miss Karen Gulley.

Mrs. Virginia Tackett. Mrs. Florence Burks. Mrs. Virginia Gates and Miss Ruth Lindsey.

The contes t is o pen to all senior stu路 de nts in th e mo re than 300 high schools in Arkansas. Last year 77 entries were received. some being the winners of class com petition. ll1is yea r the to pics of the essays arc to be o n th e ge neral th eme of "C:hann el C hange Throll/,!"h Law and

Reason " and can be on one of the following: " Change To ward Greater Freedom ." "Change T oward a Better Society," "C hange T o ward the lmprove ment of th e Administration of Justice. " "Change Toward Peace," "What is Reaso n in Law'?" "Does Law Progress R eas onably?" or "Ho w Far Does Reason Go in Law'?" , Judging the essays this year will be Associate Justi ce J ohn A. Fogleman 01 th e Arkansas Supreme Court and Col. James W. Murphy. Pro lessor 01 Law. V niver sity 01 Arkansas School 01 Law. Littl e R ock Division.

Presentation of the first prize of a S50 .00 .5. Saving Bond and a plaque. and the second an d third prizes 01 a 825 .00 V.S. Saving Bond will be made at a lunc heo n on Saturday. May I. 197 1. sponso red by th e Arkansas

Continued from page 112

"I s it lawlul to pay tribute to Caesar'!". he r eplied without hesitation ... Render unto Caesar th e things that are Caesar路s. and unto God th e things that are God路s."

That admonition holds true todav. and 1 tnlst. that as we observe th'is Law Day . we will resolve to lend our every effort to th e promotion of mo ralit y and justi ce. and as individuals interested in responsibilities of citizenship. will give Our full suppo rt to those who are charged with the duty of maintaining law in our several communities. OUf state. and our nation.

"\Ve pra y for politica l managers who swap votes and se ll out th eir fri ends and let bad ca ndidates go un o pposed. "\Ve pray for minis ters who say what is pleasant to hear. rath er than what is tru e.

"We wi sh. 0 God. that all th ese people might be blessed. but perhaps we are asking too much ."

Nearly two thousand years ago. th e greatest One who ever walked this ea rth. adminished his followers to obse rve th e law. You remember that when J esus was asked th e qllestion.

94

Associatio n of Women Lawyers Miss Karen Gulley_ Presid ent, presiding.

The peaker at the luncheon will be Associate Justice J . Frank Holt 01 Th e Arkansas Supreme Court. who will speak on a re lated subject and th en present th e prizes to each of th e winning contestants,

channel change through low and reason

LAW DAY USA MAY L

()(/R NEW IftJtJRESS: Arkansas Bar Association 408 Donaghey Building Little Rock , Arkansas 72201

A Public Relations Feature M ike Barrier Mosl members probably Ihink of the organi zed Bar in terms of th e Arkansas Bar Association. and especially its Slimm er and mid-winter mee tings-but this is only th e tip of th e iceberg. The pulse of Ihe Bar is strongest wh ere individual members are most active. in the A BA committees and local Bar Associations. This column will be d evote to the work of these attorneys.

Among the ABA committees. th e Economics of Law Practice Commillee. chaired bv William M . Slocks of F ort Smith . ha ~ bee n organized into four subcommittees: o n information retri eval. on a conference for legal secretaries. on revision of the ABA 's minimum fee schedule. and on regional seminars on law office eco nomics.

The Arkansas Co unty Bar Associu· tion. whose president is Wilbur Boo ts of DeWitt. has had a co unty law library under cons truction at th e co urthouse in Stuttgart. and also a hea ring room for the use when cases are being hea rd without a jury.

TIle S1. Fran cis County Bar Association . whose president is Philip Hick y 1I0f Forrest C ity, was actively involved in bOlh Ihe des igning of Ihe new co unty courthouse and th e sale o f the bonds to finan ce construction. which was expected to begin in April.

The Phillips Counly Bar Association. whose president is Eugene L. Schieffler, recenlly sponsored a program on es tate and gift taxes headed

by Bill Dinning, head o f Ihe es tale and gift tax section of th e Internal Revenue Service office for Arkansas.

The D es k Book Commillee. head ed

by Jud ge Richard Mobley. has pub· Iished Ihe 1970 revision of Ihe Desk Book which is now for sale by Ihe Bar Association.

~nle Committee on Defense of Cd· mina l Indigenls, headed by Cecil B. Nance. Jr., of Wes t M emphis, was actively involved in e fforts to pass a public·defend er bill in Ihe mosl recenl session of Ihe General Assembly.

The Audil Commi llee, headed by Marvin L. Kieffer of J onesboro. has reporled Ihal an audil of Ihe ABA's records has revealed that th e mem· bers eq uily increased b y 88,895.88 for Ihe fiscal yea r ending June 30, 1970.

The Committee on th e Unauthori· zed Praclice of Law. head ed by Eugene L. Schieffl er of Wesl H elena, has repor ted findin g "extremely cooper· alive alliludes" on Ihe parI of bolh atto rn eys and persons who ha ve been Ihe subj ecls of complainls aboul unauthorized practice.

The J efferson Counly Associalion. headed by Donald H . Smilh of Pine Bluff, has been engaged in preparations for a seminar for south eas t Arkansas law yers. The semin ar, sehe· duled for May 2 1 a nd 22 , was 10 include discussion of Ihe proposed ABA constitution . new laws enacted

by Ihe G eneral Assembly, and problems of incorporating.

The Environmenta l Law Commillee, chaired by Paul Sullins of Crossett. has taken steps tow ard prepa ration of a s ummary of existin g Arkansas law in rega rd to the en· vironment.

95

/Hik e Burrier is lh e "Governmenl and Polilic!)" colwnnisl for th e Arkunsas G"zelle. A graduat e of Norlh weslern UniversilY and Chicago Law Sc hool. he served two years as an as sistant stale attorney gene ral before joining th e Gazelle siaff in May 19 70.

The Magnolia Bar Associalion. wh ose pres ident is Mike Kinard , has a ppointed a committee to coo rdinate the libraries of all practicing atto rn eys in Magno lia with th e Columbia Counly Law Library. so Ihal on ly books Ihal are Iruly need ed are purchased for th e co unty law library.

11le liaison committee appointed to create th e Law S tud ent Division o f th e ABA has recruiled more than 100 law stud ents as members of the Division. the first such divisio n of a state Bar Association . The committee's chair· man is D on M. Schnipper of H OI Sprin/l:s.

Local bar associations have been active. too. The Greene--Clay Counties Bar Associat ion. whose president is George Edward Thiel of Paragou ld, was th e first loca l Association to co nlribule fund s for the ABA Public Relations Committee's firm program .

The Cra igh ead County B a r Association, whose president is D o nald F. Seay of J o nes boro. has been investigating th e possibility of purchasing a co pying machine for u se in th e county law library.

Law Day, USA A New Look at Old Values Excerpts from an address by Bernard G. Segal President of th e American Bar Associa tion, 1969-19 70

The best part of law lives here.

T o represent and protect th e poor , th e weak a nd th e downtrodden is th e hi ghest promise of th e law .

M en have struggled, fought and di ed for this promise. And th e figh t continues throu ghollt our country today. Because hum an ri g ht s -ju s ti ce , fr ee d o m. equality--ca n never be ta ken for gra nted_ That's wh y an increasing number o r lawyers and legal a id organization s are d evoting th eir time and talents to servin g th e disad vantaged .

By workin g for little o r no compe nsation, these peo ple help overcom e the mistrust and fear m a ny have for th e law. ~rn ey create lUlderstandin g. H ope. And provide legal representation for th ose who often need it the most.

Many more perso ns are helped b y court-ass igned counsel a nd

But I suggest that it is the ~ar tixular \,rovince of la wyers to take th e lead in this task. We have, in the ConstItution ane laws of this Na tion, as interpreted and applied by the courts, adequate legal instruments for progress toward rea l justice and op~ortunity and for adjusting to the new prob lem s of the decad e ahead. Our Nation s need now is not merely to effect change, but rath er to effect it within the framework of our basic institutions and historic values----chan ge guided by reason and responsive to need , institutions res ha ped and flexibly applied but tmchanged in th eir inherent character. These are difficult ventures, but if we recall that it was lawyers who drafted the Constitution , wrote our Binof R ights, fram ed th e vast Admi nistra tive Agency structure of o ur Govern ment, and designed such imaginative instrumentalities as our Federal Reserve and Communica tions Satellite systems, we should be confident that th e tasks are not beyo nd our capacity.. . .

Our heritaage, our history as a profession , and o ur edu cation and train ing, pecu liarly fit us to leadership here . ..

" There is," an Italian ph ilosopher wrote, " nothin g more diffi cult to take in hand , more perilous to conduct or more un certa in in its success th an to take the lead in th e introduction of a new order of things: ' Yet th ere is little a lternative open to us than to assum e this res ponsibility, to produ ce a n ew order of thin gs if OUT society is to survive. The stimula tin g sense of it is that our d estiny d oes indeed rest in our hands-we can build a system that is a matc h for the great problems co nfronting us, or we can stand by and watch our system pr ogressive ly dim inish, perhaps even perish. There i a certain excitement in that challenge. In any eve nt, it cann ot be a voided. We must ac t ; we must listen and ta lk with each other. \Ve must li ve togeth er since it is the onl y wa y we can live-trul y li ve-at all.

public d efender ~e rvi cp. ~.

By servin g selflessly,

th ese dedi cated individuals serve tiS all.

They keep o ur system SOUJl I. Wo rkin g.

They help fulfill th e highes t idea l of the law ; human ri ghts for a ll men.

Chan nel cha nge through law a nd rea son.

GREEN & CLAY COUNTY BAR ASSOCIATION ARKANSAS ASSOCIATION OF WOMEN LAWYERS BAXTER-MARION COUNTY BAR ASSOCIATION BL YTHEVILLE BAR ASSOCIATION BRADLEY COUNTY BAR ASSOCIATION COLUMBIA COUNTY BAR ASSOCIATION CONWAY COUNTY BAR ASSOCIATION GREEN COUNTY ABSTRACT Rhine Bldg. Box 123 Paragould, Arkansas 236-7673 96

May 1, 1971 Sponsors Today's Challen ge to the Rule of Law Excerpts from an address by Judge Harold Leventhal U.S. Co u" of Appeals. District of Co lumbia The third great aspect o f the Rule of Law is that it permits, a nd ind eed assures , processes of cha nge in the law, a nd freedo m to propose changes.

Law like th e rest of life is part of a process of chan ge a nd ad a pta tion. In Roscoe Pound's phrase, the law is sta ble, but it does no t sta nd s till. Wh ateve r power of parad ox this observation once had is probably like th e snows of yesteryear to th e stud ents of today, wh o are taught in science at an ea rly age th a t what seems like a stab le table is in large pa rt empty space ma rked by a tension o f whirling electrons a nd a utomic nucl ei.

The processes of cha nge in formal or positi ve law are accom plished pri ma rily by th e legislatu res where elected representatives reflec t th ch anging ma keu p a nd obj ecti ves of th e people. The courts too, though subj ect to d octrin al restrai nts o f preced ent, reflect and respond to changes in the felt needs o f society. In either case cha nges in the law reflect changes in society's customs and a ttitudes.

T he First mendment preserves our freedom of speech and ex pression to b ring about changes from fo rm er views, and to record th e di s.o;;ent of today that may pave th e way either to become or to help shape the conse nsus of tomorrow .

It is a preferred constitutional freedo m. vigil antl y p rotected as a vita l elemen t that distinguishes our free, democratic society from an authorita ri an police sta te.

In J efferson's p hrase-"E rror of opinion may be toler ated where reason is left free to combat it. " T o Justice Holmes this freed om embodies a n un derl ying faith " that the best test o f truth is the power of the thought to get itself acce pted in th e competiti on of the mark et."

The Supreme Court has carried forwa rd its recognition of the need to endure even intem perate and disturbing discussion as an ass uran ce of freedom to men of energy and enterprise.

As Jus tice Brandeis em phas ized , the men who won our indepe nd ence believed tha t " th e greates t menace to freed om is an inert peo ple," th at "order cann ot be secured merely thro ugh fea r of punishment," " th at th e path of safety lies in th e opporttmity to discuss freely suppposed grievances and proposed re medies."

WHITE ABSTRACT & REALTY CO., INC. JACKSON COUNTY BAR ASSOCIATION JEFFERSON COUNTY BAR ASSOCIATION PHILLIPS COUNTY BAR ASSOCIATION CRAIGHEAD COUNTY BAR ASSOCIATION INDEPENDENCE COUNTY BAR ASSOCIATION SALINE COUNTY BAR ASSOCIATION PULASKI COUNTY BAR ASSOCIATION 520 Third St.

Newport, Arkansas 523-3611

97

The real test of new thinking: In the street or in the vote?

Protest has brought a new dimension to cha nge in O lIT co un try. But protest a lo ne accomplishes little. F or perman en t cha nge, new thinki ng still needs new laws.

The fin a l test of thinking and new ideas isn't in how peopl e react to a d emonstration but ho w they r eact to a b a llo t. The fin a l test of change res ts in the vote.

Votes e lec t legisla tors who make laws.

Sup port those w ho favor your vie wpo int , yo ur th inkin g . If elected, they' ll pass la ws that g ive yo u the changes you' re lookin g for.

Without law, th ere can be no meanin gful chan ge.

Channel change through law and reason.

I

PROGRAM 73 RD ANNUAL M EETING JUN E 2-5,1971 ARLINGTON , HOT SPRINGS SCHEDULE OF EVENTS JUNE 2, 1971 WEDNESDA Y EVENING 6:30 P.M.-8:00 P.M. 'flle Honorable

Edward L. Wright.

President of the American Har

~ 10:30

THURSDA Y AFTERNOON NOON .. .. . Conference Center Awards Luncheon Earl J. Lane, Chairman, . . Presiding Arkansas Bar Foundation .......... . ....... .

The Honorable Carleton Harris, Chief JlIstice, Supreme Court of Arkansas . . . ...... Invocation J. C. Deacon , President,

President's Reception . . Crystal Ballroom !Receiving Line: Mr. and Mrs. J. C. Deacon; Mr. and Mrs. Edward L. Wright and Henry Woods I

Association.

9: 30 A.M.

JUNE 3. 1971 TH URSDA Y MORNTNG 9:30A.M.·NOON BAR GROUP MEETINGS Arkansas Bar Foundation .. ...... Venus Tower No. 1-(2nd Floor) The Chairman's Report . ............. Earl J. Lane

Arkansas Bar Association.

Dean Ralph Barnhart, School of Law

Awards Committee Report Memorials Committee Report

Election of Fellows Committee Report Election of Board Members Election of Officers Other Business Taxation, Trust and Estate

Dale L Bumpers.

Governor of the

9:30 A.M.

State of Arkansas.

9 : 30 A.M. 9: 30 A.M. 9:30 A.M. 9: 30 A.M. 9: 30 A.M.

Planning Section Mercury Tower No. I (3rd Floor) Criminal Law Section .. . . Mars Tower No. I (4th Floor!

Family Law Section.... . . Jupiter Tower No. I (5th Floor!

Law Student Division-Law Student Liaison Committee .JunoTowerNo.1 (6th Floorl Savings and Loan Section .. ... . . .. ..... Tower No. I (7th Floor) Mineral Law Section .. . . .. . Mercury Tower No.2 (3rd Floor)

2:15P.M.

J. C. Deacon, President, Arkansas

9: 30 A.M. 9: 30 A.M. TIle Iionorahle J. C. Deacon.

President of the Arkansas Bar Assoc~ation.

Section . .. ........ .. . . Fountain Room (Lobby·East) Election of Officprs Public Relations Committee .... Mars Tower No.2 (4th Floor) Unauthorized Practice of Law Committee ... . ...... Jupiter Tower No.2 (5th Floor!

Executive Committee, State Judicial

10:30 A.M. Council ... .. ........ Venus Tower No.2 (2nd Floor) Economics of Law Practice

10: 30 A.M . Committee .. .. . .. .. .. Juno Tower No.2 (6th Floor!

Legal Education 10:30 A.M. Council .. .... . .. ... . Apollo Tower No.2 (7th Floor!

Creditors Rights 10 :30 A.M. Committee .. . . . ... Writing Room (Lobby·Southwest) News Media Liaison lO:30 A.M. Committee ........ .. T. V. Room (Lobby Southwestl Environmental Law 10:30 A.M. Committee .. . ......... North Lounge (Lobby·West) 98

Richard Markus.

President of the American Trial Lawyers Association.

'me

Honorable Chesterfield Smith. Past Chainnan of the National Conference of Bar Presidents.

. . .. ... . .. Presiding Bar Association . . ...... .

The Honorable Edward L. Wright ................. ADDRE~ . ... "SPECIALIZATION" The Honorable Chesterfield Smith .

THURSDA Y EVENING 7:30P.M. Annual Banquet . . ........ . .. . ............ . . Conference Center J. C. Deacon, President Arkansas Bar Association ..... .. .. .. .. . ... . .... . .. .. . Presiding Father Paul Bujarski, Pastor, Christ The King Church, Little Rock .. .. .. .. .. .. . . .. . . Invocation The Honorable Dale L. Bumpers Governor of Arkansas . . . ... . . .. . .. .. .. . . . . .. . . ADDRESS

Young Lawyer's

9:30 A.M.

.. . .. . .. Crystal Ballroom

General Assembly

lne Honorable

. . .... Welcome

University of Arkansas . . .. Law Review Awards Chief Justice Harris. . . . ... Recognition of COLUt Committeemen Judith Rogers. Chairman.

Family Law Section ... Special Awards Mr. Deacon ..... . . Recognition of Special Members John Lile, Vice·Chairman , Young Lawyers Section . . .. . . .. ... . Certificate to Chairman James Buttry R. Keith Arman. Chairman.

Golf Tournament . . . . . . . . . . . . . . . . . . . . .. . .. ... . Golf Prizes Mr. Lane . . . . Annual Awards Outstanding Lawyer Outstanding Lawyer-Citizen Outstanding Local Bar Association (More than 30 Members) Outstanding Local Bar Association (Less than 30 Membersl

Finance Committee Report Building Committee Report

TIle Honorable

Clients' Security Fund A.M. Comm.ittee ....... Montagu Room (Lobby·North)

9:30P.M. Annual Dance .. .. .......... . . . ..... Crystal Ballroom The Honorable J ::S.anley Mullin. ~ (Music by the "Lead Hill")

~

JUNE 4. 1971 FRIDA Y MORNING 8:00A.M. Past Presidents' Break.' ., . .. . . M on t agu R oom Harvard Alumni Breakfast . . .......... .. . . . Main Dining Room Vanderbilt Alumni Breakfast . . ... . Main Dining Room ( C ontinued on ne)( t page)

99

Chainnan of ABA Clients' Security Fund Conunittee.

I

Annual Meeting Program (Continued) 10 :00 A.M. General Assembly . . . . ..... Crystal Ballroom Paul B. Young. President-Elect, Arkansas Bar Association . Presid in g The Honorable J. S tanley Mullin . "Clients Securi ty Fund" J. C. Deacon. President, Arkansas Bar Association .. . .. President's Report

FRIDAY AFTERNOON NOON Luncheon . ....... . .... Conference Center Karen Gulley, Pres id ent.

Arkansas Association of Women Lawyers . ..... Presiding Virginia Tackett, Past-President, Arkansas Association of Women Lawyers . Invocation ~nl e

Honorable Richard M. Markllls ... To-Fault In surance"

2 :00P.M. General Assembly ......... . .......... Crystal Ballroom Jam es Buttry, Chairman.

Young Law yers Section . ..................... Presiding Debate IAuspices of Young Lawyers Sectionl Subject: " RESOLVED, laws prohibiting the use of Marijuana by adults sho uld be repealed , and regulations and restrictions of th e lise of Marijuana should be applied as in the case of alcoholic beverages."

AFFIRMATIVE . . .......... John S. Choate William R. Wilso n NEGATIVE .

Richard F. Hatfield Jerry W. Cav3ncau

3 :00P.M.

AMERICAN TRIAL LAWYER 'S BASIC TRIAL ADVOCACY SEMINAR ARLINGTON HOTEL - HOT SPRINGS , ARKANSAS JUNE 5,1971 (Editor's note: - This seminar is not included in the 73d AllnlUJI Meeting registration fee. but ce rtainly should prove IVorth while lo inlerested lawyers.)

M.r. Henry Woods. Chairman of th e Association's Executive Committee, has furnished the following commen ts on the seminar: "The o~~!!!~~~~ in this trial will be Ri c hard Markus, " President of the American Trial Law yers Association, and Orville Richardson , former Presiden t of th e Missouri Bar Association.

The defe nse lawyers will be Alston Jennings. who needs no further id ent ification, and Tom A Ipxan(lpr . a sp lend id young d e fe n se lawyer fro m H o uston, Texas. who has appeared in Arkansas on previous occas ions and is a great favorite with Arkansas audiences. The doctors in this case will be Dr. Austin Grimes for the plaintiffs and Dr. Sam Thompson for th e defendant. These doctors will participate in th e trial. In addition we will have a demonstration of a complete orthopedic and neurological examination, which will be co ndu cted by Dr. Ray Jouette, the well kn ow n young nuerosurgeon here in Little Rock. ]n addition to the moot cou rt trial. Orville Richardson will discuss how to interview a client, and Ri chard Markus will give a s hort lecture on the use of discovery."

Busi ness Meeting ... ................. Crys tal Ballroom Henry \V oods. Chairman, Executive Committee, Arkansas Bar Association . . . Pres id ing Paul B. Young, President-Elect.

Arkansas Bar Association Report of Reso lutions Committee Robert D. Ross. Secretary-Treasurer, Arkansas Bar Association . .... Proposed New Constitution and By-Laws Other Busi ness E le<;tion o f Officers A ;ljo~, rnment

, .. , /

PROGRAM 9 :009 :05 9 :25 9:50-

9:05 a.m.

9 :25 a.m.

9:50 a.m.

10 :50 a.m.

10 :50- 11 :00 a.m.

Break

11 :00- 11 : 15a.m.

Opening Statement-Plaintiff (Mr. Richard son) Opening Statement - Defendant (Mr. Jennings) Plai ntiffs M.D. (Dr. Grimes)- Direc t Examination (Mr. Ri chardson) Plaintiffs M.D.-Cross Examination (Mr. Alexande r)

II : 15- 11 :30 a.m.

4:30 P.M.

PreSident-Elect's Reception . . . . .. . !Honoring Mr. and Mrs. Paul B. Youngl

. ... Pools ide

II :30- Noon Noon- 12 :30 p.m.

FRIDAYEVENlNG 6:30P.M. 3rd Annual Bar Bar-B-Q ..

Ivery informal and popular I

. Majestic Lodge .. Lake Hami lton

12 :30- 1:45 p.m.

Break

1 :45- 2: 15 p.m.

Defendant's M.D . (Dr. Thom pson)Direct Examination (Mr. Jennings) Defe ndant's M.D.- Cross Examination (Mr. Markus) Closing Arguments (Messrs Alexander and Markus) Critique and Pane l Discussion (Messrs Alexander, Jennings, Markus and Richardson)

2:15 - 2:4 5 p.m.

JUNE 5.1971 SATURDAYMORNING 9 :30A.M . " The Morning AIte r"

2:45 - 3:45 3:45 - 5:00 p.m.

...... .. .......... Pools ide FIN IS 100

Introduction of Participants

Client Interview (Mr. Richardson) Discovery (Mr. Markus) Demo nstration of Orthopedic and Neu路 rologica l Examination ( Dr. J ouett)

Law Day Committee Report Law Day USA has been observed annually on May 1, since 1958, by proclamation of the President of th e United States. In 1961 Congress by J o int-Reso lution es tabli s hed th e annual observance as a special day to remind all Americans of th e rights and responsibilities of citizenship.

The American Bar Association has sponsored Law Day USA in coo peration with over 1.400 state and local Bar Associations, along with the endorsem ent of many National Organizations. The purposes of Law Day US A are: I. To Foster Respect for Law, 2. To increase Public und erstand路 ing of th e place of Law in American life, and 3. T o point up th e contrast between freedom und er law in th e United Slates and governm en t tyranny und er communism .

THE THEME FOR THE 1971 OBSERVANCE OF LAW DAY USA IS "CHANNEL C HANGE THROUGH LAW AND REA SON:' .

I n his 197 1 Law Day USA Proclamation. signed at th e White H ouse in the presence of the Chief J lIstice of the United States. Warren E. Burger.

U.S. Attorn ey General. John N .

Mitchell, and A BA President Edward L. Wright of Arkansas. President

Tn his Whit e House office. President Nixon signs 1971 Larv D. y USA proclamation with (from left) Chief justice 1f'arren E. Burger. Attorney Gener.1 fohn N. Mitchell and ABA President Edward L. Wright.

Nixon sa id that our forefathers have given LIS laws that permit change by ord erly process. "so that the Nation and its people might rema in free."

I n observan ce of th e 14th celebration of Law Day USA, May first. th e President urged all Americans to reaffirm " th eir d edi cati on to our form o f government and th e supremacy of the law in Ollr lives."

Hon . Edward L. Wright. America n Bar Association Pr es id e nt. commented thal the theme, "CHANNEL CHANGE THHOUGH LAW AND REASON," underscores th e importance o f resolving disputes through orderly. lawful mean s. not by militancy and fo rce. As th e Nation enters the decade of the 70's it will fa ce many pressing social problemsen vironmental control. crim e, racial unrest. dissent and Na tiona l dis unity.

Their proper solutio n rests on each other's conce rn for his fellow man and individual red edi cation to th e idea ls o f Law. Equality and Justice.

The Arkansas Bar Association will observe Law Day USA, May I, 1971 , with many different activities in nea rly every area of th e State. Governor Dale Bum pers has iss ued a Gubernatorial Proc lamation and many Mayors over the State will iss ue Mayoral Proclamations.

Local programs have been planned for Friday. April 30lh lor Schools a nd Civic Organizations due to the fact M ay 1st falls on Saturday this year .

Churches are urged to support and participate in th e observance on Sunday May 2nd .

The Arkansas Bar Associa tio n Law Da y C hairman. C lint Hu ey of Warren. has appointed loca l and area chairmen throughout the state in an effort to enlist full sllpport and participation in all areas of th e state.

C hairman H tlcy has pointed o ut that LA \V DA Y is no t primarily intended to honor lawyers but is an occasion to inform A LL citizens on how laws are ena cted . how th ey ope rate. how th ey co ntinuously change to meet new conditions. and why th ey shotlld be obeyed . Everyone in the Commun it y should be made aware of th e obser路 vance and th e significan ce of the role of th e Law. the Courts and the Bar in meeting th e challenge o f th e new decad e.

101

Chairman Clint Huey Chairman H lIey would remind people in all walks of life. the The m e chosen for th e 197 1 Law Day Observance, "C HANNEL CHANGE THROUGH LAW AND REASON:' serves to remind all Ameri cans that eq ual jus ti ce and equal o ppo rtunity depend on the individual as we ll as th e law. "nle th em e furth er reminds us that th e ach ievem ent of jus tice depe nd s in large m eas ure o n th e willingness of every American to accept the spirit and th e le tter of the law. and to apply it in his r elatio ns with others. Law Day 19 7 1 calls upon every citize n--()Cwhatever political or social persuasion. whatever walk路oflife, whatever age group-to employ lawful means in th eir championing of causes and end eavors to e ffect d esired change . DO YOUR PART TO STRENGTHEN INDIVIDUAL RIGHTS.

Arkansas Governor Dale Bumpers pre8enls La w Da y Procilllnalion to lWr. flueywillz Arkansas Bar Associa路 lioll Presidenl J. C. Deacon present.

Bar

Law Student Division of the

Uni~ersity of Arkansas at Fayetteville

by Ed Hargis

The faculty speaking circuit was active this sprin g. Among those traveling about the land was Associate Professor Ray Guzman who spoke on th e American Bar Association Standards of Criminal Justice at a conference sponsored b y the ational Association of Attorneys General and the ational Legislative Conference on C rimina l Code Revision. Ray's topics were Guilty Pleas, Discovery and Pre·Trial Release. The con· feren ce was held in Brownsville, Texas on March 22-26 , 1 97 1.

Professor Frederic K. Spies addressed the Final Plenary Session of the a nnual meeting of the American Academy of Forensic Sciences on the topic " R e fo rm in Medico·Leg?1 Teaching." Th e meeti ng was held m Phoenix, Arizona and Fred spoke on February 26th. His subject dealt with the teaching of law as presently conducted in the medical schools of the country, as well as the now wellestablished Law and Medicine courses in man y law schools. On June ll , Professor Spies will journey to New Orleans to address th e a nnu al meetin g o f th e Southw es t e rn P o di a tri c Congress on the s ubject of Forensic Podiatry.

Professor Wylie H . Davis has parti· cipated in a Multi·State Bar Exa mination Project, which is und er the direction of former dean Joe Covington . This project is under the auspices of the Na tional Conlerence of Bar Examiners. Wylie's participation involved preparation of questions in the Contracts .field: 'J?is prQject has produced questions In lIve basic subjects which seven stales have a\x:eady agreed to use.

Prolessor Fred Spies recently began a two year term as president of the Arkansas Conference of the American Associa tion of University Professors.

This con ference is the a lliance of all 01 the ch a pter s of the AAUP throughout the state, as well as individual mem-

bers in the several schools which do not have chapters.

The Board 01 Editors of the Arkan· sas Law Review observed the twenty filth anniversary of its lounding with a dinner at the A. Q. Chicken House in Sprin gdale on Thursday, April 29th.

Special honoree at the dinner " '8S Dr. Robert A. Lellar, the founder of the review. A special double issue 01 the Law Review has been prepared and has been dedicated to him. Guest s peak~r for the occasion was Dean Willia m B. Lockhart 01 the University 01 Minnesota Law School, a pro· minent constitutional law author and Chairman of President Lyndon B. J ohnson's Commission on Obscenity a nd Pornograp hy. Guests from over the sta te were in attendance for the event. Dr. Leflar, who is " forma lly" (b ut not actua ll y I retiring Irom law teaching this yea r was honored with a surprise birthday party earlier this sprin g by group 01 laculty and stu· dents. 11,e party was held at a Fayetteville restaurant.

Ed Hargi s, Secr eta ry 01 th e Arkansas Bar Law Student Diviuon reports as foll ows: "Four members of the Arkansas

LAW BOOKS

a ttended the 13th Circui t Convention 01 the Law Student Division of 01 the American Bar Association. The convention was held in Houston , Texas on April I. 2 and 3.

While at the convention, the four delegates submitted a resume 01 the past year's acti vities which had been prepared by members of the Student Bar. The University 01 Arkansas Student Bar Association was then selected the outstanding Student Bar in the 13th Circuit by a panel 01 judges. This is the second year in a row for the Un iversity of Arkansas to receive this honor.

In addition to this honor, the University of Arkansas also earned a second place in the special projects division for the minority recruitment.

The resume will now be submitted to the Na tional Law Student Division of the American Bar Association for com petition on a national basis.

The convention included many speakers Irom a wide variety 01 legal backgrounds. There were speakers Irom the dillerent levels 01 the Texas Judiciary System. Two speakers of national prominence were also .. present, Percy Foreman a nd William Kuntsler. Also seminars were held on areas of current interest in the law.

Pat H ays, Eugene Hunt, Ed H argis, and Rick Spencer attended as delegates from the University 01 Arkansas. Among the projects in· c1uded in their paper for the competi· tion was the acceptance of students into the Arkansas Bar and the thriving re~earc h program headed up by stude nts for the bene lit 01 the lawyers 01 Arkansas.

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102

EXECUTIVE COMMITTEE NOTES

by R o bert D. R oss. Secretary· Treasurer

TIle Executive Committee met in Little R ock on March 19 and 20 in conjunction with th e Convocation of Committee Chainnen to hear reports from the Association's Committees on their activities for th e year to date and plans for th e remainder of the year.

The April meeting of the Executive Committee was held in J onesboro on April 23-24. Committee members and their wives were guests o f the Craighead County Bar Association at its Law Day Dinner at which Attorney General RI.I Y Thornton was the guest speaker.

The local Bar associations have been notified by the Executive Committee of th e passage of Act 284 of 1971, chan g ing the procedure for authorizing collec tion of the $\.00 per court case for the purchase of books (or cou nty law libraries.

Pursuant to the agreement with the group professional liability insurance ca rrier a nd th e local administrator, Rath er . B eyer and Harper, President Deacon has appointed a Claims Review Committee. Those appointed were J oseph L. Buffalo, Jr., Chairman, J ohn W. Barron. Jr .. John 111Urman. Dale Price and William A. Eldridge.

11,e Association has published a pamphlet en titled "What You Should Know About Wills" which is available for purchase at th e Bar Center by those interested in providing co pies to laymen as a public ser vice.

After May 6. 197 1. th e address of the Association will be 408 D onaghey Buildin g , Littl e Ro ck. Arkan s as 7220 I. 11,e move is necessita ted by the beginning o f preparation of th e present s ite for constru ction of th e

und erground parking decks which will be a part o f the Little R ock Convention Center Compl ex.

Ed Lester. C ha irman of the Building Committees of both the Association and Foundation. has reported to th e Executive Committee that th e Bar Foundation now owns all of th e north half of th e block adjacent to th e Old tate House. The purchase of th e American Legion property adjace nt to th e present Bar Center completes th e transaction previously agreed to. The plans for constru ction of new Bar Center are s.till incomplete. 'n, e Fall Legal Institute, which is being moved [rom Fayetteville at the request of th e Law School administration because of lack of facilities and housing. will be held in Little Rock on September 17, 18. 1971. and will be chaired by Sid McMath and Alston Jennings.

11,e second S tandards o( Criminal Ju st ice Workshop fo r Judges, Prosecuting A ttorn eys aDd other lawyers has been sc heduled (or H ot sprin gs in th e Fall in conjun ction with the annual meet ing o( the State Judicial Council. Five of the new Standards will be co ns ider ed by this workshop.

Bill J ennings. Co-chairman o( th e new Law Student Division of th e Association repor ted to the Executive Commi ttee that th e Stud ent Bar Association at Fayetteville received the outstandin g Studen t Bar Award in regiona l competition in H ouston.

Texas. He also reported that th e Research program of the Stud ent Bar Association is recelvmg increased usage by lawyers over th e State.

O( the eighteen bills sponsored by the Association in the General Assembly. eleve n have been enacted into law. The bills wer e summarized in this column in the March iss ue of The Lawyer and reference to that article for content of th e acts ca n be made.

103

The numbers of th e bills and th e Acts whic h they beca me are as fo llows: 5B 204 became Act 589 of 197 1 SB 205 became Act 385 o( 197 1 SB 2 14 became Act 410 of 1971 SB 216 became Act 244 o( 1971 SB 199 became Act 284 o( 1971 S B 226 lamendedl became Act 685 of

197 1 HB 284 became Act 3 18 of 1971 HB 325 became Act 320 of 1971 liB 433 became Act 35 1 of 197 1 HB 451 became Act 365 o( 1971 Irepeal s requirement of authentication of acknowledgments taken in other States I H B 555 became Act 728 o f 1971 ICon fo rms Articles of Charitable Corpora I tions to IRS require ments) House Bill 333. which would have adopted the Federal Rules o( C ivil Proced ure pertaining to Discovery. did no t pass.

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lJfa J\!1!11zrtiwr lJtt J\rkutt!1u!1 ARKANSAS JUDGES' AND PROSECUTING ATIORNEYS' WORKSHOP ON STANDARDS FOR CRIMINAL JUSTICE

Chief Justice Carleton Harris of the Arkansa. Supreme Court keynoted Arkansas Stand ards Workshop 1 with his introduction to the program"None will question that these are difficult times in the administration of crimin al justice. Fortunate ly, th e Am erican Bar Association , wlder th e leadership of sllch ou t-

standing ju rists as Chief Justice Warren E.Burgerand Mr. Justice Tom Clark, has <;Ieveloped Standards covering this field. We are proud to sponsor the first Workshop for Arka nsas J udges and Prosecuting Attorneys to study the comparati ve analysis between Arkansas law and these Standards. Looking at the cover of this program , one must be impressed with the unaninlity of support by the named Associations for this Workshop. We are looking forward to working with our Arkansas Judges.

Prosecutors and Defense Attorneys in this endeavor. It is assizetim e in Arkansas."

sponsored by

ARKANSAS SUPREME COURT with

ARKANSAS JUDICIAL COUNCIL; ARKANSAS PROSECUTING ATTORNEYS' ASSOCIATION; AMERICAN BAR ASSOCIATION j ARKANSAS COMMISSION ON CRIME AND LAW ENFORCEMENT j ARKANSAS BAR ASSOCIATION ~

..

Twenty-five Arkansas Judges and fifty-nine Arkansas prosecuting attorneys met together to stud y in-depth three 01 the American Bar Association's Standards for the Administration of Criminal Justice-" Pre-trial Release," " Pleas 01 Guilty," and "Speedy Trial" -as compared with Arkansas law. The analyses were prepared by law students at the University of Arkansas School 01 Law at Fayettevi lle under the direction of Professor of Law Rafael Guzman. Project Director of the Arkansas Project on the

Standards. Judges William H. Enfield 01 the 19th Judicial Circuit, Bobby teel 01 the 9th Jud icial Circuit, and Melvin E. Mayfield 01 the 13th Judicial Circuit, each chaired a stud y group on one 01 the three Standards considered.

Featu red spea kers included Mr. Jus tice Tom C. Clark; J lIstice William H . Erickson 01 the Colorado Supreme Court ; Professor of Law Samuel Dash 01 the Institute 01 Crimina l Law and Proced ure, Georgetown U niversity Law Center; th e Honorable

Louis B. Nichols; Mr. J ohn H. Hickey, Director 01 the Arkansas Commission on Crime and Law Enlorcement; Mr. J. C. Deacon, President of the Arkansas Bar Association; and Chief J ustice Carleton Harris. Professor GlIzman acted as advisor to the Workshop and fi ve 01 the law students served as recorders. Mr. Lynn Edwards, taIl Director 01 the American Bar Association, and Chairman James D. Storey 01 the Stand ards Committee 01 the Arkansas Bar Association gave invaluable support to the Workshop. Judge C. R. Huie, Executive ecretary 01 the Arkansas Judicial Council, was chief liscal advisor lor the program. Colonel C. E . Ransick acted as Financial Officer lor the Project.

The entire program was under the gu idance 01 Project Director Edwin R. Bethune. Jr. Workshop II has been tentatively set lor October 8, 9, 197 1 and will study live more Standards.

Workshop I photos lollow-

JANUA R Y 20 , 21,1971 AR LINGTON HOTEL , HOT SPR INGS , ARKANSAS

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Da teline : April 3 rd . 197 1. The beautiful S5 00.000 printing fa cility of th e H erita ge Pllblishin g Compa ny was burned to the ground. Heritage is th e printer of the qu a lity ba r j ournal. The Ark a nsas La" yer.

(Editors Co mment : "To thine own self be true. allli ill11ltS l fo llow itS th e night th e day. Th oll c;.m sl be fa lse to an y man . ..

P% nius' advice in Hamlet. rille H er itage Publishin g Compan y feels th a t it owes to itself the o bliga ti o n of continu ing the fin e tradition of an outstand ing publis hin g house. Heritage will rebuild with a bigger ann . if possible. belter printing plant. And . .. in th e meantime . . . will meet its commiume nts to its man y customers. In other words. it is business as IIs ua l at Herit age . Polonius ' advice secms most apro pos. We hope th at O llf readers will cont inue to patronizc H erit age.

107

H ow does one tell Arkansas lawye rs about one whom they already know a nd respect'! Who has the temerity to undertake to portray a wann, per· son a ble huma n without detracting from his true professionalism in the discharge of his duties as the chief of the judicial branch of our state and simultaneously depict a competent, capable Chief Justice without blurring his true image as a person ? What is the proper approach to painting a word picture of one's colleague and superior without seeming to curry favor on the one hand or to be critical on the other'! Even without the correct answer to either question, and in complete disregard for the kn own haza rds, I really am hap py to try to give you m y picture of a truJ y great Arkansawyer-the man who seems destined to preside over om Supreme Court longer than a ny other in the history of our state. M y view may not be entirely stereosco pica l, but no one else has had better opportunit y to observe him from two such different a ngles : below him across the bench a nd beside him on it. However the picture came to me, 1 now kn ow tha t what 1 first accep ted on faith has been firmly established as fac t. 1 can with deep conviction say publicly what 1 have man y times said to fri ends pri· va tely-lh at [ have never known a more dedicated, conscientious puhlic servant than Carleton Harris.

still lives near him . Many of his traits may be traced to his father, the late Frank "U ncle Willie" Harris Iwhose lirst name the C hief bears in front of the better kn own midd le onel , whose legio n o f· fri ends was rec ruited through a warm, outgoing personality and a concern for other people-particularly younger ones. His father's well-known sob ri q u et was a ff ectionately bestowed upon him by his close associa tes.

Immediately upon the completion of Carleton's formal edu cation and admission to the bar. he plunged into his careerof public service, which he has since followed almost to the exclu-

Biographical and sta tis tical data a re of lilli e interest to any of LIS in e v~t1l1atio n of the character and per· sona lity of such a public figure. H e is a luyal , native Arka nsawyer who received his early educa tion in the schools of Pine Bluff. the city of his birth and present residence. Like so man y children of the depression, he matured with a sound sense of va lues which have guided him throughout his career. Not wholly a self·made man , he acknowledges the contributions of others in the structuring of his character and personality. His mother, nee Ada R ogers, not only helped to ignite his ambition to find a career in the legal profession but guid ed him in the establishment of a high moral standard evidenced in his everyda y living and his official action in whi ch he often seems to be motivated by ad herence to these precepts in spite of those which ma y seem to be legal impediments. His conduct is on ly one of the many evidence of his concern, affection and respect for this parent who

John A . Fogleman

Cover Story - -

The Arkansas Chief Associate Justice Arkansas Supreme Court

sion of any other acti vity. His early turn in this direction, rather than to the practice of law for the acquisition of wea lth, was not wholl y a ttributable to the Great De pression. and should not be at a ll surprising in view of his parental backgrOlmd and his earl y adoption of th e Abraham Lincoln recorded in the history books as an idol. He " hit the ground" runnin g successfull y for representative of J efferson County in our House of Representati ves. He ser ved as the youngest member of the 1933 General Assembly, and ser ved two additional terms, during the last of which he cha ired th e importan t House Judi108

ciar y Comm ittee, then composed of all the lawyers in tha t youse.

His earn estness and zeal propelled him into other areas of public ser vice.

H e became deputy prosecuting attorney in J efferson County, and earn ed promotion to Prosecuting Attorney of the E leventh Judicial District in 1947. by election without an opponent. (1) The unopposed election was on Iy cumulative evidence of the political sagacity he had displayed from the days of his earliest venture into the arena and which is seldom matched.

His earlier and su bsequen t victories over formidable opponents in political combat and his reelection without opposition are testimonials to this attribute, which stands him and the cou rt in good stead tod ay in interdepartmental relations. His early mentors in the ar t of political ca mpaigning were unexcelled. They inc1uded: H. K . IK empl Toney, a colleague who served in the H ouse of Representatives for 18 years. once as speaker; the Honorable H enry Smith . longtim e C ircu it Jud ge of the E leven th Judi c ia l District, the Prosecuting Attorney whom Carl eton served as deputy; the late Circuit Judge T. G. Parham, who was on the bench when Carleton was Prosecuting Attorney.

One who never suffers a defeat as a candidate for public offi ce must h ~l ve the natural talent of which Carleton is possessed but must a lso learn all the best lessons each such mentor had to teach , as Carleton did. He passed an aeiel test when he unseated the incumbent chancellor of the Fourth Chancer y District. After eight yea rs' service there he sought his present position as Ch ief Justice in 1956, overcom ing such formid able opponen ts as Judge Lee Ward and Judge Guy Amsler. each a capa ble campaigner and attractive person himseU. The achievement of his present position is. with him, as it would be with man y of our profession, the realization of his highest ambition.

The Chief is peculiarly adapted to his role on the court. His yea rs of experience ha ve made the job less difficult than when he walked into a conference room where all the associate justices were his seniors in years of service a nd most of them in age.

Perhaps this ex perip. nce moulded his talents to make him the competent presiding oUicer over a grou p which

is, and should be. composed of fiercely independent thinkers. from a wide voriety of pe rsonal and professional backgrounds. each of wh om is appropriately equipped with a talent for expression of his thoughts, and a sometimes excess ive lac k of restraint

about expressing th em . In th e privacy of the consu ltation room as well as in the limelight of the bench, th e Chief is never the mnrlin et. always the diplomat, in directing or controlling th e actions of th e associate justices and in stilling our sometimes tireless voices. 1 do not consider it an invasion of the essential privacy of the judicial conference to say that th e Chief is never iron-handed but seems rath er to cajole and persuad e us to keep discussion in nppropriate sequ ence and to terminate argum ents about cases, so that everyone leaves those diffi cult " days of d ecision" without any feeling that th ere has been th e s lightes t suppression of oppo rtunity for expression of thoughts. yet with the day's work thoroughly done.

H e's still th e Ch ief throughout th e week. without ever reall y seeming to be. His twice chl il y coHee breaks are pl easant fellowship gath erings of his coll eagu es. H e always sets th e ton e, in addition to calling and adjourning th em. I strongl y suspec t that he occasionally uses these periods to accomplish other purposes. When th e group consists of one or two, he ma y suspect that ruffled feelings need soothin g. or that s parks he senses in the heat of debutc need ex tinguishing or he may just want someone to perform a chore for th e co urt or the judiciary. It occurs to me that he ma y be responsible for the present conge niality among th e members of your hi ghest co urt. I-Ie is a true executive in his ability to choose the right person to perform any particular d elegaLle duty.

I don't know why it took me so long to tell of the most significa nt eve nt in his life. H e fOlllld time 37 yea rs ago to marry Marge I Marjorie Wilson I his sweethea rt from high school 'til now.

Marge is perfect for Carl eton. A friendly. outgoing person herself. she can go almost ever yw here he goes. and with th e same air o f congeniality, doing her share every s tep of th e way.

More im porta nt she is a perfect buffer for him . When his ex hilaration would carry him into o uter space. she shoots him d own , but cushions th e shock of his fall. When worry d epresses him.

she boun ces him back to an even keel.

Together t" ey' re great hm when cares and responsibilities can be momentarily put aside.

After Marge and his mother what are his loves? lThe seq uence is of no particular significa nce. I Kayo--Eugene S.. his son, a successful lawyer in Pine Bluff.

Bruce Carleton-th e son of Kayo. who promoted him to his highes t rank, grandfath er.

The lega l profession- whose virtues he ex tols to new enrolees h\.'ice a year in his own inimitable and impressive manner. (2) Public service has prevented his being reall y active in th e state bar association. but he attends annual mee tings and always seeks to coo perate. H e was President of the J efferso n County Bar. " M y court "--{)f which he speaks in glowing terms. and about whose image he is ever sensitive_ Still he never seems possessive when he uses the term.

Football- he's adopted th e Razorbacks and th e Oakland Raid ers.

However great their achievemen ts, they'lI never attain the magnitude of the Pine Bluff Zebras of his high school days.

Baptist Church-a really religious man, th e Chief is in d emand as a Sunda y School teacher. H e's an Executive Committeeman of the Southern Baptist Convention.

Masonry-both the charitable and social sides. havin g been Grand Orator of the Grand Lodge 01 Arkansas. F. and A.M .. Potentate of Sahara Shrine T emple. and President of Central S tates S hrine Association (over 100.000 strong l.

The Marines--a proud veteran of World War II. also Legionnaire.

Youn g P co ple-a history of Scout work (in which he followed his fatherl. Boys C illb organization.

Girls' StHle appeara nces.

H e has an eye for a pretty girl. a hea rt y laug h for a good joke. a zest for a p rank Ion the other fellow. of coursel. (.1) an abi lit y to entertain . and u l11usic~d talent which enables him to play th e piano. at least as well as President Harry Truman and no doubt better than Presiden t N ixon.

No one could perform the man y ceremonials and formalities a C hief Justice is called IIpon to do with any better tas te. with th e appropriate blend of dignity and informality.

ISometimes he has a little difficulty in 109

accomplishing th e removal of his glasses before th e cameras are turn ed on him. ) The nearest he ever came to losing his co mposure on an y occasion came during the induction of a new class of lawyers. In order to keep the procpcnin gs from becoming too ftmereal. he always tells of his own ex perien ce as he nears th e end o f th e process of presenting certiIicates. It seems that he stood until last in his high school grad uation class of over 250 Ithat was not his rank I fearful that the supply of diplomas had been exhausted. On this occasion as he had only three enrolees left he was telling the story when he suddenly reali zed that he was o ne certificate short. H e quickly regained his compos u.re . called th e clerk and handled necessar y corrections well. H e has never told the story again. o one could have don e a better job of meeting th e challenge o f being recognized by impleme nting legislation as the head of the entire judicial branch of the government. With all these burdens he ins ists on writing as many opi ni ons as any of us_ One of his p rized credits was his selection as President of th e Arkansas Judicial Council by his fellow judges.

H is crowning honor was recognitio n by his COLUlterparts in the remainin g 45 states by electin g him Chairman of the Conference of C hie f Jus tices. of which he is still a respected and influ en tial member . His evaluation of this honor is best demonstrated by his flying lin a plane. of co urse I to the annllal meeting in Hawaii. though th ere is so me question whelher he ever "Iet his filII we ight down " befo re he arri ved . ~nl e Chief is one Arkansawyer who has improved th e image o f our state.

J ohn A. Fogleman

I. He has been elected both with and without opposi tIOn He enjoys the first route to office. but prefers the latter . I s uppose this statement is 5upernuous because of its obviousness . but the Chief would not think this sketch complete without at least one footnote .

2. This IS the occasion for telling the tear-jerker about Abraham Lincoln beating himself by arguing his OPI>Onent 'S side of a case before the lIIinois Supreme Court when the young lawyer on the other side couldn't afford to go to Springfield . While this is no doubt inspirational to those whom he addresses . his colleagues are secrelly pulling for Lincoln to come out the winner just one time .

3. Ask the hunti ng buddy he left stuck in the mud .

Count Your Blessings - Chief Justice Carleton Harris (Edit or's note: Wp did not have to search this year for an appropriate " Luw Day USA" speech or article. Th ose who attended th e 1970 Law Oaw Awards LWl cheon under the auspices of th e Arkansas Association of Women La wyers. were deeply m oved by th e Chief Jus tice's message. It was all th e m ore meaningful since th e high school winners of th e ;'La w Day USA " essuy contest. spon sored by W omen La wyers. were present. However. it is not possible here to record th e deep emotion and earn estness of th e Chief JlLstice 8 S he tnlk ed to th e yo ung winn ers and oth ers present. fIe received II standing ovation.)

I d o not believe th ere will be disa g reement when 1 say that th e Ameri can peopl e are confronted with more different problems today than eve r before. Our news media daily bring to us events that we do not und er stand . man y of which are completely confus ing. and ma ny o( which sicken OUI hearts. Of co urse. it is certainl y und e r s tandabl e that th e average Citize n has difficulty in eva luating the news, and in even hav ing ideas of the proper steps to take . for it appears th at th ose wh o operate our governm ent are likewise confused . and in disagreement. There has been disagreement over the value 01 the ABM delense system designed to protect our nation from atomi c a llack. We ha ve the problem 01 how to e nd the war in Vietnam , i.e., how to obtain peace. with honor. We ha ve th e problem 01 innation. All 01 these matter s are questi ons (or experts to determine. but th ere Hre other fi elds of conflict that are equa ll y disturbin g. a nd pe rhaps even more dan gerous to th e national welfare.

I refer to d omesti c discord. hatred. into leran ce. and . in man y instan ces . actual strife. Thomas J effer son aid. " Th e will 01 the people is the only legitima te found a ti on of an y government, and to protect its (ree expression should be o ur first obj ecti ve."

Freed om of speech is one of th e great freedoms guaranteed by o ur Constitution. a nd while one todav m ay freelv express himself. he does ~ onl y at th~ pe ril of casti gation from those who disagree with his rema rks. If his thinkin g is liberal , he may well be term ed a t least " pink". iI not wo rse . by those who are ultra conse rvative. If his thinking is conse rvati ve. he may be term ed fasc ist by th ose who are ultra

liberal. We have many groups and individua ls who hold extreme views at either end. and th ey do not tolerate disagreement with their beliefs. We li ve in an era of " name calling". It was Vo ltaire wh o said, " I disapprove 01 what you say. but I will defend to th e death yo ur ri ght to sa y it" . I concur with that statement wholeheartedly. and I deepl y deplore the present tendency to belillie and li bel those of our fellow citizens who disagree with o ur own indi vidual thinking.

Certainly peo ple have a right to band toge ther lor the pltrpose 01 promotin g th eir ideas as to how th e governm ent sho uld operate : they ha ve a right to expound their views: they ha ve a ri ght to tr y and persuad e their fellow Americans to th eir wa y of thinking. but I can see no worthwhil e pur pose in fosterin g distrust. in promo tin g ha lP. or impunging th e motives of th ose who disagree.

Ameri ca became a great nation because its citizens work ed togeth er. with common purpose. devoting th eir energies. their fo rtun es and their very lives to th e goal of a na tion . second to non e. with liberty and justi ce for all .

1 hH ve been sickened throughout the las t severa l years by the total disrega rd for law. which has been evi路 denced by so many persons over th e nation. Perha ps it is because I decided at th e age of eleven years to be a law路 yer. and have many times gone to court when twelve or thirteen yea rs of age to hf' ar an interestin g case, rath er than play loot ball or baseball. but 1 can trul y say tha t I have always had a profound res pect for th e law. and a genuine desire Lo observe it. M y CO Iltern po ra ries felt likewise.

Now it seem s that the ideas of a lot 110

01 peo ple have changed . and they no longer cons ider themse lves bo und by the rul e of law. I received an interes ting little booklet sometime ago that deals with this subj ect. The th eme is a qu otation of scripture from th e Bibl e lound in Judges. the 2 1st chapter. the 25th verse. " In those da ys th er e was no king in Israel: Eve ry man did th.H which was right in his own eyes." This scripture refers to tha t period of Israelite history fo llowing th e time of J oshua wh en the peo ple of Isr ael wer e without law. except as each tri be conceived it. The result was a narchy.

T od ay, this scripture seems pa rti路 cul arly appro priate for there a re th ose who say th a t th ey will obey a law if it is just, but th ey will not obey it if it is unjust. Quotin g : "No man li ving in hum a n soc iety ca n be his own law. If making his own law can be asserted by one man. it can be asserted by all.

If the philosopher can make his own law. so can the foo l. If th e virtuous ma n can make his own law. so can those who s pring from the gutter. Virtue does not of itsell lead to wisd om. and no man m ay by th e assertion of his own su peri or virtues or wisd om put himself above th e laws commo nly imposed u pon and accepted by his fellow- citizens. T o perm it it. is to brin g chaos. T his must apply to all. preachers and philosop hers. rich men and poor. th e powerful a nd th e weak." Unquo te.

I ha ve but little pa tience with an y ma n. wom an. boy. or girl. who advoca tes or encourages th e burning of dr aft card s. or who is constantl y conveying the message th at everyth ing' s wrong in this co untry. and needs to be changed . Like yo u. I too am disturbed by the college riots. Only last night I viewed turbulent scenes at

two large Unive rs ities. P erhaps some of the req uests a nd dem ands of th e stud ents in various in stitutions have some merit. but, in such case, there is certainly a valid way in which to present grieva nces--and it is not by taking over the presid ent's offiCe----<lr holding the dean prisoner-<>r by forcibly preve nting oth er students Irom a ttend ing classes-<>r by delacing a nd destroying school property.

This is another expression of dissatisfaction with particul ar phases of our way of life. a nd a use of the mea ns, violence. whjch now seems to be one of th e principa l tools of protest. You know. I am just ge ttin g " fed u p" with those who ne ver h ave anythin g but criticism fo r our gover nment and its oHicials-for our institutions-those people who a lways lind somethin g \'vron g. There is legisla tion passed , and th ere are rulin gs rendered , with which I do not agree-but I'll say this very q u ickly, " Whatever you may lind wron g with America-I'll guarantee you there is fa r more right th an th ere is wrong! " During World War II , while a member 01 th e U nited States M arine Cor ps, I ser ved for a while in th e

Legal D epa rtment. One 01 my duties was to prepare naturalization papers for aliens who were serving in our a rmed forces, and wh o desired to become American citizens. I find that man y peo ple d o not know th a t we had thousands of such men serving, and because of this willin gness on their part to give their all, Congress had enacted a law which enabled th ese men to become American citizens {iI th ey could q ualily I, within a lew months, rath er than sever a l year s, as was norm ally th e case. I prepared th e necessary pa pers for numerous men in this categor y, but I particul arl y remember one. a Chinese boy, who had been in this country (or several years. His story was ra ther interestin g, but I do not h ave time to go into it.

SuIlice it to say tha t most o( his family had been kill ed in the Japanese invasion, and he had lied to this coun try. I shall never forget the da y I took him down to the Superior Court in San Diego, and wa tched while th e j udge of th at court rendered the oath of allegiance to this boy, alo ng with several others. When th e ceremony was over , I walked up to ex tend m y congratulations, and was much sur-

prised to observe that th e youn g man was crying so that he co uld not s peak.

Alter a few minutes, he said , " Mr. Harris, I kn ow that you d o not und erstand why I am crying, but you can ' t JX>ss ibly realize what it m eans to m e to be an American citizen. " I have never forgotten th at experien ce. H ere was one who had never possessed the privileges of living in a land of freedom , a nd he knew, I daresa y, m o re th an most of us, th e value of his new found citizenship. I rem ember tha t I thought to m yself. " D ear G od , never let me forget this experience-never let me forget the j oy of living in this la nd of opportunity ! " I'll tell you, fri ends -th e time has passed when we can alford to be complacent or apathetic. There are too m any of us who are not interested enough to express ourselves , or to readily come to the d efense of o ur way of life . There are too many interes ted in business a s us ual. There are too m any who want a fin er ho me, a bigger a uto mobile, or a new color TV . These I are nice, but there are matter s mor e important.

Co n tinued on page 11 2

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We have no right to criticize legislatio n that is passed--city. state, or national- unle s we ha ve taken the interest to let our aldermen, our state legi slators. or our congressmen know how we feel.

Fortunately, the matter that I earlier mentio ned (rioting ) which is so disturbing to us, only involves a small minority. 11,e only surprise is that such a small minority can create so much noise , confusion, and distnlst.

But though these events may discourage us-they need not dismay us!

The law abiding citi zen is still in control- but- mark this-this will only remain true i1 we are entirely vigilant.

T o this group here today , I urge that you take every o ppo rtunity to convey to your fri ends tha t this is still the greatest land in the world , and if anybod y here has doubts. remove those doubts. Alter a ll, if the a ttorney does not demo nstrate obedience to, and respect for, constitutional and s tatutory law, we canno t expect those less familiar with legal methods. to do so.

About 25 yea rs ago, I cut a clipping o ut of an adverti ement that expresses

my views. I think it is significant that, with all the changes since that period of time, It is jus t as true today. as then.

"Count your blessings.

This is the best place on earth !

Yo ur ballot is louder than the thunder if dictators. isn't it'! 짜 o u can ha ve all the butter YO li want on your tows L. ca n't you?

And lis ten to whatever yo u like on your radio?

You ha ven' t heard of an ybody starving in concentration camps over here, have you ? A knock on the door doesn't send shi vers up your back, does it '! . . .

You aren't afraid to discuss the state of the nation ovcr the backyard fence with your next door neighbor. are yo u'!

Your street s till rings with the la ughter of children, doesn' t it? . . .

V Ol I can belong to the fraternal order of your choice. can't you?

And go wherever you want to. and stay out at late as you like'!

I n short, you're still your own man !

Chin ti p. and face to the wind!

Let us hold fa st to our faith in America."

Perm it me to prepare to close \\'i th the praye r used by the Reverend Levi M . Powers at the inaugw ation exercises of the M unicipal Council of G lo uces le r. M ass ac h use tt s , on Janua ry 3, 19 16: " Almight y Fa ther. we begi n today a new year o f civic life. \Ve know th at no matter how much yo u ma y wan t to bless this cit y, YO Il r.ann ol do it lll1less the citizens are willing to be blessed . " We pray, therefore, fir, t of all , for the voters o f this city. There are some too lazy to vole but not too lazy to grumble. Bless them. " We pray for the taxpayers who wan l good streets, good schools. good fire and police protection a nd good health offi cers, but who wish other people to pay the cos\.

"We pray for those businessmen whose votes are determined by the expectation of special favors for themselves. Bless them if You can.

"We pray for those who believe that all laws should be enforced except the laws they do not like. " We pray for the comfortable who do not cure abo ut anything so long as they are left a t case.

C o nt in ued on page 94

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