Juris Magazine- December, 1974

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Allegheny County Detective Bureau Pittsburgh, Pa.

Duquesne University School of Law December, 1974

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FROM THE EDITOR'S CH4IR:

From Little Rock to Boston Recently, the city of Boston underwent attempts to carry out court-ordered integration with discouraging results. Violence and racial animosity were rampant. Had this occurred twenty years ago in the deep South, it would have been condemned by the rest of the country. But a funny thing happened on the way from Little Rock to Boston.

That is, the moral scrutiny applied to racism in the South does not appear to apply to racism in the Northeast.

For example, President Ford vented his moral outrage by stating that the violence was "unfortunate." And just to insure that the demonstrators did not receive any satisfaction from their misdeeds, he went on to say that he did not think the integration order was "the best solution to quality education in Boston." Whether it was or not, the statement did very little to facilitate the integration of the schools in Boston. Comments made by other governmental officials intimated that the schools of Boston could only be integrated if the people were willing to overcome the problem themselves. Such a laissez-faire approach could have but one result - segregated schools in Boston.

Another observer of the Boston integration experience remarked that any advances made by integration were far outweighed by the accompanying violence. For that reason, it was suggested that some other alternative to integration should be pursued. This approach would be clearly unacceptable as we cannot allow violence or the threat of violence to dictate what are proper policies.

If the Constitution requires that certain schools should be integrated, then the integration of those schools should proceed vigorously despite the possibility of violence. It must be remembered that violence was often the answer to integration in the South. These attempts at blocking integration were successfully overcome, and today there are many schools where blacks and whites learn together.

Rather than avoiding the duty to integrate schools, pe~haps more would be accomplished if some time were spent explaining the necessity for integrated education.

Ironically, many of the arguments against integrating the Boston schools are the same arguments used by Southern politicians to prevent the integration of their schools. The arguments were not persuasive then; and, certainly, they are not persuasive now. To be sure, some distinctions exist between the two situations. However, these distinctions do not warrant a different conclusion as to the need for integration. Twenty years of experience have shown that desegregating schools is beneficial to both blacks and whites. Despite many valid problems, the process of desegregation must continue in the great urban areas of the Northeast.

The outcome of the integration battle in Boston will certainly have an impact on integration programs in other cities. Therefore, whatever steps are necessary should be taken to insure that integration is achieved.

Ours is a multiracial society. If it is not to break down into separate racial communities, then integration must be achieved not only in the South but throughout the country.

(T.O.B.)

Vol. VIII No.2 - December, 1974 Editor-in-Chief Timothy P. O'Brien Associate Editor Joseph M. Gula Layout Features Jonathan Foster John C. Bates News Alumni Bob Ging Steven Blum Assistant Editors James Kutz Robert C. Nowalis Carol A. Porell Staff Members: Robert Barrett, Jeff Bernstein, David De Rose, AI Goellner, Jerry Marks, Mark McKinney, John McLane, Jackie Mikula, David O'Boyle, JoAnna Panzar, David Petersen, Gordon Reynolds, Robert Williams, John Woltz.

Faculty Advisors: Nicholas J. Demas and John J. Sciullo.

JURIS is a student publication of the Duquesne University School of Law. Manuscripts and comments may be addressed to JURIS, Duquesne University School of Law, 600 Forbes Avenue, Pittsburgh, Pennsylvania 15219. Telephone (412) 434-6305.

Copyright Š Duquesne University, 1974

Juris

Changing Priorities in the united states Attorneys office

by Richard L. Thorn burgh

"Due to the lac!? of ellective prosecution al the state and local level, mob ligures operated virt ually unhampered in the major metropolitan areas in Western Pennsylvania (lnd, in some instances, a "politico-ra cke t complex" had actually displaced legitimate government in local communities. " The Uniled States Altorney's office is as old as the Federal courL system ilself. It. was established by the Judiciary Act of 1789 which provided for the appointment in pach Federal Judicial District of "/1 meel person learned in the law 10 act as a/{orney for the United States . . . to prosecute . . . crimes and offenses . .. and all civil aclions ill which the United Slates shall be concerned. " The office of United States Attorney, in fact, antedated the existence of the Department of Justice, which was not established until 1870.

Today there are a Lotal of 94 United States Attorneys, one for each of the Federal Judicial Districts throughout the United States. The office is filled by direct appointment of the President, subject to confirmation by Lhe Senate, and starred with varying numbers of Assistant United States Attorneys, depending upon the needs and characteristics of Lhe district served.

Cases developed by Federal investigative agencies such a~ the Federal Bureau of Investigation (FBI), Secret Service, Drug Enforcement Administration, Internal Revenue Service, Postal Service and a host of others are referred to the United Slates Attorney's office for prosecution. Howevl:'r, more often than not, members of the United States Attorney's staff will have participated from the early stages of the investigation in rendering advice to the agents involved.

In modern times, the number of substantiv{' criminal offenses over which the Federal government has assumed jurisdiction has greally expanded as the Congress has reacted to lhe greater reach and sophistication of criminal activity. All Federal criminal legislation, of course, must relate back to the Constitutional power of the Congress to act_ Accordingly, each Federa1 criminal offense is predicated upon a particular exercise of the Federal power under the Constitution. e.g, lhe criminal tax laws relate to the revenue raising power, laws against counterfeiting derive from the Federal concern with the integrity of its currency, bank robbery becomes a Federal offense when the institution is either Federally chartered or insured, and a whole host of offenses emanate from the Congressional power to regulate interstate commerce, Nonetheless, Federal law enforcement remains a specialized task. It possesses neither the resources nor the inclination to displace state and local law enforcement agencies as the first line of defense against street crime and other offenses of a purely local character, More and more, however, Federal agencies are providing cooperative and supportive services to those state and local agencies which have adapted their own operations to the needs which their communities face in the 1970's. And, of course, through the Law Enforcement Assistance Administration (LEAA), nearly $1 billion per year is presently made available to slate and local police, courts and correctional agencies to aid in modernizing their operations.

Meanwhile, the United States Attorney's o ffi c£', while continuing its unique status as a focal point for Federal law enforcement activity I has seen its priorities change as well in response to recent trends and developments. It is to these changes which we now turn.

I.

In the Western District of Pennsylvania, the main thrust of the activities of the United States Altorney's office until the 1970's was reacting to ca~t'~ developed by till:' Federal invesligative agencies involving the more conventional type of criminal enterprises. While substantial success, in terms of significant convictions and the accompanying deterrent factor. was achieved, Federal prosecutors often wt're frustrated by having to stand on the side lines with respect Lo more serious matters because of limitations of manpower and jurisdiction.

For example, it was not until 1961 that any significant Federal jurisdiction existed over organized cTime ope-rations. Theretofore, most Fpderal prosecutive activities against racketeering opera lions involved the use of the income tax laws which, while sometimes spectacularly effective, were looked upon in some quarters as being merely "technical" means to reach major mob (igures.

Full-scale investigations into organized crime and official corruption were also hampered by a lack of sufficient personnel to supervise lengthy investigations while, at the s.a.me time, tending a burgeoning caseload in the district court.

With the coming of the 1970's, however, dramatic changes occurred in the office of the United States Attorney in Western Pennsylvania, causing a major reordering of priorities in lhe prosecution of Federal cases within this area.

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In October, 1970, Congress passed the Organized Crime Control Act of 1970 which. for the first Lime, providl'c\ meaningful tools to be used against syndicate operation~ which controlled illegal gambling. the importalion and distribution oC hard narcotics, loan-sharking and tht' likl' . while diverting millions in racket prolils inlo attempts to influence and control legitimate businesses, labor unions and even government itself.

By the time this legislative action was lakpll. organizl'd crime and racketeering had a fifty-year head slarl un drecLive law enforcement in the Wl:'stern Pennsvlvanla an'a. Dut' to the lack of effective prosecution at lilt' stall:' and local level, mob figures operated virtually unhamplm'd in till' major metropOlitan areas in Western Pf'llnsylvania: and. in

EDITOR'S NOTE: RlCII.1RlJ L . TflOU .\BI 'W;fl h(/ .~ served as lhe UllIted Slalcs A llome), for l\'f's/t'J'II '·Cllwn'lvania during the last five years by appoint II/('II ( f/'OlIl !'resident Nixon in 1969 and agaill in 197:1. Hefore' aJiPoilltmellt to his present position, MI'. ThombUl'l!1I lca.~ ell.~ugcd ill general practice for tell ypars lUitil thC' Pill.~bw'l!/l li/'lll of Kirkpall'iclz. Lockhart, Johnson alld f{lIlc1w;(JlI . •lIr. Thornburgh gradualed from i'ale Uniue/'.~ilv ill 19:;' with a Bachelor'S Degree in Engineering and /'('cC'illrc/ "i.~ lall' degree from the Uniuersily of Pillsburgh in 19:37.

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instal1c'\!'i, a "politico-ral'kl'l complex" had attuallv dis pl.lc(' d legitimatp Ao\'('rnmenl in local t'(1Il1n111nilips. .

R('porL~ of legislaliH' commitl.ees, 1IH' Penns\ Ivania CrimI.' Commission and e\'('n popular m'ws media a~counts clearly outlined a picture of seriolls t'onCNn to Western Pennsylvania residents. Notorious rackl'l rigures w('re pert!'ivcd 10 hI' "thumbing llwir noses" at the legitimate community while Iheir IreaslIn' cl1l'sls filled with millions of dollars of illicit in come al'quin'd lhrou/(h lh('ir monopol~ position in their chosen lines of bu ~ ilwss .

TIll' Organb'.l'd Crime Con trol Ad oC 1970. for the Cirst lim!', authoriz('d Llw empant'lling of special ilwesligati\,e grand juries with a lifetime up to twiet' as long as normal panels to ('OTlel'ntmle on organized crime and official COl ruplion . Thl' act embodied a I1l'W "liSE' immunity" statute to aid th(' grand juries' inv(l!;ligati\'1' probes by enabling Federal pros('{'utors to break through the "wall of silt'nce" invariably encountered in any examination of mob conspiraci es_ .. Big fi sh" could bE' obtainl.'d through the forced testimony of " little fish" by using the nllw immunity statule which was Ultimately upheld as constitutional by the Suprenw Court in the Kasligar case, The 1970 Act also pro\'ided for new substantive of· fenses, the mo t important of which was thal which struck at the "cash register" of organized crime - illegal gambling.

As defined in lhe acl. a large·scale gambling enterprise was brought undrr Federal scrutiny without regard to whether there was an aelual connection wilh interstate commerce as had been necessary under the ·'travel acts" of the 1960's.

Any illegal gambling operation utilizing five or mort' persons and operating for thirty consecutive days or having gross revenues of $2,000 on anyone given day was pre· sumed to affect interstate commerce and thus became a Federal offense. This definition reached, as will be seen, most of the major bookmaking operations in WesLern Pennsylvania.

Moreover, at the same lime , Federal resources to deal with racket activities were increased by additions to the United States Attornev's staff and the activation of a special "Strike Force" office so that the number of Federal prosecutors was effectively doubled within a year's period of time, " Strike Force" prosecutors were largely freed of trial responsibilities and made available to devote long periods of time to major invlIstigations.

Finally, with tht' advt' nl of increased substantive fire power, more effective use began to be made of the courtauthorized wirelapping provisions of the 1968 Crime Control Acl. In many cast's, court·authorized wiretapping proved to be the only effective way to gather evidence aboul complicated gambling and narcotics enterprises. The use of these " electronic search warranls" enabled Federal investigators, for thll first time, to probe th e innermost recesses of these operations and compile a true picture of rackel business operations.

All of these components in the stepped-Up drive by the Federal government on organized crime and racketeering paid quick dividends. In rapid succession, Federal investigators and prosecutors secured indictments and convictions against Anthony Michael " Tony" Grosso, kingpin of a $30 million per year illegal numbers gambling operation who was indicted , together with 55 members of his o;ganization, and is presently serving a ten-year prison term following conviction.

Robert "Bobby I" Iannelli who was convicted with others invoh'ed in his $7-8 million per year sports gambling operation - the first case in Western Pennsylvania to introduce the fruils of courl-authorized wire· Lapping into evidence, Twenty-two persons involved in large-scale illegal gambling operations in the Erie , Pennsylvania area, a conviction again aided by court-authorized wiretappmg.

A half-dozen major heroin distributors from the Pitls· burgh area, as well as Pittsburgh "Super Fly" Samuel Harris, who is now jailed on charges of possession of narcotics, income tax evasion and prison breach_ Four principals in the so-called "Lebanese Connection" case which involved an effort to introduce 100% pure heroin from the Middle East into Western Pennsylvania for distribution along the eastern seaboard.

As cases of this type began to be developed in increasing number, a more disturbing phenomenon became evident.

Tied in with many racket operations was a pattern of systematic and widespread official corruption designed to "protect" illegal activities throughout Western Pennsyl· vania_ . It became clear that, in many cases, illegal mob operations had flourished because of the direct involvement of law enforcement officials and other officeholders in "protection" schemes which permjtted racketeers to operate without fear of arrest or prosecution.

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This development caused yet another shift in the pri· orities of prosecution established for Federal law enforce· ment efforts within Western Pennsylvania. And again, new weapons and additional manpower provided the impetus fot successful action.

And in Western Pennsylvania prosecutions have been undertaken against public officials, regardless of party affiliation, including a Republican congressman, mayor, district attorney and city councilmen and a Democratic state cabinet member. state senator. sheriff and members of the minor judiciary.

Present investigations center upon serious allegations of improper tie·ins between political contributions and the award of lucrative public contracts at both the state and local level. Because of increased manpower and resources and a greater public recognition of the threat official corruption poses to the body politic. it is hoped and expected that substantial positive results will accrue to the Western Pennsylvania community by the aggressive and responsible pursuit of all allegations of official wrongdoing.

The inability or unwillingness of state and local law enforcement in the past to monitor and root out improper conduct on the part of public officials has placed the burden almost exclusively on Federal law enforcement agencies to carry out this sensitive and. in many ways. unwelcomed assignment.

It can well be argued that the reach of Federal law enforcement is presently at its furthest justifiable extension. But only the assumption of this burden by viable state and local law enforcement agencies - equipped both by resources and resolve to deal with offenses involving the integrity of government - can justify any retreat from trus position. If by effective prodding through aggressive and responsible action, Federal law enforcement agenCies can promote this resurgence. we may well have made a con· tribution to state and local governments that exceeds by far the widely-trumpeted Federal grants-in·ald programs, such as those forthcoming from LEAA. which have been the subject of so much publicity and praise.

For today. in many Federal Judicial Districts, the United States Attorney's offices, together with the superb investi· gative agencies which serve them, have become the effective point of the lance striking at organized crime and offiCial corruption. the twin specters which haunt the hopes and dreams of those devoted to honesty, integrity and effi· ciency in government today.

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As part of the Organized Crime Control Act of 1970, it

was provided, for the fIrSt time, that conspiracies entered into between corrupt public officials and racketeers to frustrate the enforcement of state criminal laws was a Federal offense. Utiljzatlon of this statute, together with stepped-up efforts to increase the impact of Federal criminal tax prosecutions and the bribery and extortion statutes, has produced markedly successful results in high· lighting official corruption in Western Pennsylvania.

Federal prosecutors here obtained the first conviction in the nation under the new anti.corruption provisions of the Organized Crime Control Act of 1970 when successful prosecution was undertaken of the Mayor and Chief of Police in Jeannette, Westmoreland County, for conspiring with the numbers "boss" in that commuruty to insure the latter's monopoly position.

Thereafter followed a succession of prosecutions in· volving corrupt public officials who were providing "protec· tion" for mob operations.

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The Chief of Allegheny County's "Racket Squad" was convicted of receiving over $300,000 in "protection" payments from the very criminal kingpins he was supposed to be prosecuting from 1966 through 1971.

The "law and order" District Attorney of AJlegheny County was indicted in connection with his deposit of nearly a quarter of a million dollars in racket "payoffs" into a secret bank account, but was found dead on the day of the indictment from self·inflicted gun shot wounds.

A former Pittsburgh Alderman and Deputy Sherl[( was convicted of receiving as much as $3,000 per month in "protection" payments from the Grosso numbers organization in 1970 and 1971.

The Sheriff of Beaver County. one of rus Deputies and a District Magistrate were indicted on conspiracy charges relating to "protection" of illegal gambling operations in that community.

In adrution to the foregoing racket·related cases. in· creased Federal investigative and prosecutive efforts have begun to be devoted to the rooting out of those who have betrayed the public trust in other, and often more sophisticated, ways as well.

IV. Political corruption charges, of course. are extremely sensitive matters to investigate and are invariably accompanied by a chorus of accusations and protestations that the investigations are undertaken for partisan political advantage.

It has become clear, however. that wrongdoing of this sort knows no party label and successful prosecutions by United States Attorneys in New Jersey, Maryland, Chicago.

New York and other areas have attracted national attention to the effort to purge governmental and political circles of those in both major parties who would abuse the public trust.

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Modernizing the office of county Prosecutor

by John J. Hickton

When Thomas Hobbes told the 17th Century that life in the state of nature was "solitary, poor, nasty, brutish and short," he effectively described the conditions that face the contributors to this issue of JURIS. The Federal investigative and the local police agencies must ferret out those who choose to criminally violate society's discipline. After this is accomplished, the Federal district and the county prosecutors must bring the weight of Federal and state law to bear on criminal violators of the rule of law.

The objective of this article is to provide a perspective on the activity of the Allegheny County prosecutor, the District Attorney, in meeting his challenge. When I was appointed by the Board of Judges of the Court of Common Pleas to complete the present unexpired term of the District Attorney in April of 1974, I committed myself to prosecution. To that end I immediately involved myself in active trial work and initiated an examination of every activity and employee in the office. The primary goal of my examination was to insure that the Office of the District Attorney became a model of non-partisan prosecutorial effectiveness. The present status, implementation, and future pursuit of that singular and very basic goal are the subjects of this article.

The first statement that I made in my initial meeting with the attorney staff of this office was that I had inherited the finest group of lawyers in the county. In order to enable them to achieve their full potential, it was my belief that the staff would have to be increased and supplied with a functional structure and support personnel. I judged then as I do now that, in the long run, the most significant contribution that we can make to criminal prosecution in Allegheny County is the tandem restructuring of the prosecutor's office and the cooperative integration of the office into the daily functioning of the criminal court.

Both are now taking place.

tions in excess or about equal to Allegheny County's 1,600,000 population but also in some areas with substantially smaller jurisdictional populations, had the following: 1. A full-time District Attorney; 2. Full-time ADA's; 3. Salary levels for the District Attorney comparable to that of a judge of the criminal court of common pleas in accord with the Recommended Standards for Criminal Justice of the American Bar Association; 4. Salary levels for ADA's competitive with private practice and reasonably conducive to career prosecutor commitments; 5. Involvement in prosecution at the initial stages - investigation, arrest and arraignment, or, at least, the preliminary hearing; 6. An attorney staff size (in excess of that in the Allegheny County prosecutor's office) that permitted sufficient time to both fully prepare a case and handle it, if the ADA so desired, from the preliminary hearing to the appellate level; 7. The necessary correlation of points 5 and 6 - a daily working relationship with both the local and Federal law enforcement agencies as well as the criminal court and the public defender.

Our inquiry reached sharp focus in August when two assistants and I visited the office of Ralph Martin, the Prosecuting Attorney of Jackson County (Kansas City), Missouri, and then went on to a seminar on prosecutorial office management conducted by the National College of District Attorneys in Seattle, Washington.

We had learned earlier that the National Center for Prosecution Management, an agency of the National District Attorneys Association , observed that Mr_ Martin's office possessed "the immediate potential to be a model office of national prominence." We found out why, and in the process, saw in operation many of the objectives that were of high priority in our own thinking. The problem in Allegheny County was how to implement them.

The judgment of the National Center for Prosecution Management was based on a visit made to Mr. Martin's office in May, 1973, by the Center's Technical Assistance Team. Among the positive values cited in the Technical

Prosecutorial Structure There is a lot more to prosecution than argument before judge or jury. There must be preparation. One of the greatest, almost unbelievable , inequities imposed on victims of crime as well as investigating and arresting police officers in Allegheny County is that, in the typical case, an Assistant District Attorney (ADA) gets only five to fifteen minutes to prepare the case for trial. That absurdity exists because cases, with the exception of homicide, are usually assigned to a courtroom on the day of trial. ADA's are also assigned to courtrooms on a daily basis. An ADA in a given courtroom is then responsible for trying every case that happens to be sent into the room to which he is assigned for that day.

That was, has been, and in some respects, still is the system. Nevertheless, the District Attorney, in cooperation with the Administrative Judge of the Criminal Court, Samuel Strauss, and the Public Defender, George Ross, have initiated major steps toward restructuring that very poor but long-standing method of operation.

EDITOR'S NOTE: JOHN J. HICKTON, District Attorney of Allegheny County, was born in New York City and attended Fordham University where he majored in Communications Arts. He received his LL.B. from Duquesne University Law School in 1962. Before assuming his present position, Mr. Hickton had served as Assistant County Solicitor, Deputy County Solicitor and SpeCial Counsel to the Port A uthority. Currently, he is Solicitor for the Borough of Castle Shannon, Swissvale Area School District and the Sanitary Authority of Duquesne. Mr. Hickton was appointed to fill the unexpired term of the late Robert W. Duggan on April 4, 1974, by the Judges of Allegheny County.

Background In May, I instituted an extensive inquiry into the county prosecutorial systems used in other jurisdictions across the United States. The inquiry immediately verified that the overwhelming majority of counties, not only in jurisdic-

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Assistance Report, I found the following most relevant to my objectiVl-'s for the restructuring of the Allegheny County District Attorney's office: 1. A very compatible group of individuals with a strong team spirit; 2. An excellent rapport and relations with the community at large and the polic(' agencies in particular; 3. A refu sal to rest on the traditions of the elected office , but rather, aggressivp pursuit into new areas which are consistent wit 1 good prosecution management practices.

Somp of those practices are : a. An excellent attorney to caseload ratio ; b. An exceptional ability to move a case quickl y from arrest to trial (in Kansas City , approximately seven wee ks ) in those cases where the defendant genuinely wishes to bp tried as soon as possible; c. A low backlog of cases ; d. An excpllent recordkppping function , particularly computeri zed analysis of cases pending and of staff pe rformance.

On e approach, unsuccessfully tried some years ago in Allegheny County, which presently is working smoothly in Mr. Martin's office is the trial team. While we initiallv agreed with a number of ADA's that a trial team approach was desirable, we suspected that the success of Mr. Martin's team program was linked to factors listed above in the Technical Assistance Report. The complete success of the trial team approach might well depend on the pre-existence of all those factors. However, the striking effect on prosecutorial efficiency and effectiveness that was manifest in Jackson County's team approach suggested that we might immediately implement trial teams in Allegheny County on a limited and specialized basis. Our hope was that this limited implementation would provide a framework for the total program by generating any essential factors listed in the Technical Assistance Report not already present in our office. Thus, if specialized trial teams were successful, they would generate compatibility and team spirit, improve rapport and relations with the community (particularly the local law enforcement agencies), insure compliance with at least the "speedy trial" rule, and facilitate analysis of cases pending and staff performance_ We will discuss our present form of that team implementation below.

At the Seattle Conference on Prosecutorial Office Management, we learned that Allegheny County's longstanding system of prosecution was unique. District Attorneys from each quadrant of the country could not understand how the District Attorney 's office had functioned at all and , particularly, why the situation had been permitted to exist. A negative analysis of the past would waste time and energy. Consequently, we concentrated in Seattle on positively exploring the operational structures, budgeting practices, funding approaches and personnel policies of offices with similar jurisdictional populations. We are in the process now of utilizing much of that input in restructuring our operation .

A particularly important factor in bringing this office into reality is the development of a staff of full-time, career-oriented, ADA's. The traditional structure has been based on ADA's who usually worked as assistants on a part-time daily basis for one or two years and then resigned to enter private practice on a full-time basis. The salary scale for part-time ADA's is such that it usually attracts .l awyers just out of law school, yet discourages those with experience in the program from continuing. The absence of any significant financial increments as expertise is developed creates the economic need to increase private civil practice in lieu of ADA's sa ary increases. Thus, an ADA is unlikely to spend as much time on his prosecutorial duties as on his civil practice.

The remedy to this situation is not an easy one because eighty percent of the present lawyer staff is part-time, and the part-time salaries are below the scale presently offered

by private law firms to first-rate law graduates. This situation is due to the lack of signifi cant attention to the professional salary levels and the political hiring practices of this office in the past. I have extirpated the latter. I am exploring remedies for the form er with local and Federal funding agencies.

Implementation In reviewing the nature a nd product of the inquiry which was instituted in May, I have outlined some of the historical inadequacies in this county's prosecutorial agency . I have implicitly suggested a number of the objectives which have been established for righting those wrongs to the victims of crime and to the police agencies, and I have indicated the one remaining hurdle to achieving those objectives - responsive funding . Additionally, I noted that we have taken steps toward implementing one of the key elements in the restructuring of criminal prosecution in Allegheny County - trial teams.

Trial Teams The District Attorney is charged with the prosecution of violations of the criminal laws of the Commonwealth. The majority of misdemeanor and felony charges (that is, indictable offenses or "court cases") are filed against actors by the police. Some are brought by private citizens under the "Private Criminal Complaint" rule of the Pennsylvania Rules of Criminal Procedure. It is my ultimate intention to develop a staff of assistant prosecutors which will afford the victim and the police specialized skill in prosecuting related types of crime. In the interim, however, we recently executed a management decision to set up trial teams in those areas that are most critical to the prosecution of offenders against the body and property . ADA's with proven expertise in the prosecution of homicide , rape and sexual offenses, child abuse and narcotics are now assigned those cases as indictments are handed down by the grand jury. Each of the three teams or divisions has access to detectives with special training in those areas and to law students for research.

The rape, sex, and child abuse squad is an example of a specialty prosecution team that, in less than four months, has had a major impact on the criminal justice system in Allegheny County . The composition of the squad is ideally suited to insure the optimum in investigative procedures and in the preparation and presentation of the case at trial.

The key to this team is a group of women with graduate training in sociology who help the victim and her family cope with and overcome the possible triple trauma of rape .

Not only is the criminal act itself emotionally disturbing, but there are also effects on the interpersonal relationship of the victim and her family. Moreover, defense techniques at trial may make nearly as profound an impact as the initial violation . The rape squad closely counsels the victim and her family from their first contact through trial. The effect is psychologically and interpersonally stabilizing.

In addition to the homicide, rape, and narcotics divisions, we have established an excellent working relationship with Allegheny County and the State Bureau of Consumer Protection. Jean Ann Fox, Director of the County Bureau, screens consumer complaints and refers those in which criminal consumer fraud may be involved directly to our office. Two ADA's and two detectives are on call to investigate such complaints and, with the victim, initiate prosecution if criminal fraud is uncovered.

However, until such time as we are able to increase the attorney and investigative staff to proper dimensions through responsive funding, a general trial division must be maintained in which other offenses are tried on the same unsatisfactory daily basis as has been the system in the past.

Even within those circumstances, it is a tribute to the spirit 7

and commitment of a number of the more experienced ADA's who have voluntarily initiated a training program for series of classes held after the the newer assistants. In court day is completed, practical techniques in trial procedure, the proof of a case, the examination of witnesses, and the introduction of evidence are discussed in detail.

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Educational and Advisory Services Part of the groundwork for implementing a sound and effective prosecutorial operation is in reaching out to local police agencies and to the community. Specialized trial divisions are important to insuring follow-through on that outreach. However, there are also the areas of legal counseling during investigative stages as well as updating police agencies on developments in the criminal law and preventive medicine within the community. Consequently, we have made ADA's available to local township and municipal police for educational programs. The value of such a service is reciprocal. Not only are the officers able to review practical reqUirements of the law in specific instances (i.e. requisites for search and seizure), but often they also present our speakers with questions dealing with areas of law enforcement which rarely arise in court because they relate to summary, non-indictable offenses. Nevertheless, those questions are important to proper procedures for keeping the peace in the communities.

As much as adequate preparation is important to successful criminal prosecution, community education, particularly among the young, can provide a major positive investment for the future. We have, with the services of an expert in mini路courses, Mrs. Dorothy Payne, developed a six-week, thirty-hour program of education on the origin and nature of the law. The course is geared to high school students and is presently being offered on an experimental basis as an elective in two area high schools.

prosecution in the past. It created the "Private Criminal Complaint Rule" at Rule 133 (B) of the Pennsylvania Rules of Criminal Procedure. That rule, which came into effect on January 1, 1974, provides a vehicle whereby a citizen may bring a complaint for summary, misdemeanor or felony offenses committed against him.

The Rule has a twist that particularly affects the District Attorney's office. Before a District Magistrate can act on such a private complaint, the complainant must present the charges to the District Attorney for approval or disapproval. As a result of that rule, my office has reviewed well in excess of ten thousand private criminal charges in the first ten months of this year. That is an incredible number.

The basis for the complainant's charge is reviewed and recorded in a personal interview and a judgment is made with regard to the credibility of the charge, the supportive facts, and the pertinent law. The complaints are approved or disapproved and are returned to the Magistrate for, in the case of approvals, a preliminary hearing. Disapprovals may be appealed by the complainant to the Court of Common Pleas.

This screening device has undoubtedly some value in settling some cases and in keeping unfounded cases out of the courts. It has equally afforded citizens who have been criminally victimized an access to the criminal justice system that they may not have otherwise had. However, onethird of the complaints have involved non-indictable offenses that can be disposed of by a District Magistrate. The procedural requirement that such offenses be presented for our review not only inconveniences the complainant but increases the demand on the professional staff. We hope that as the Supreme Court's Procedural Rules Committee receives input on the new rule from prosecutors across the Commonwealth some consideration will be given to amending the rule so that summary offenses may be directly tried at the magisterial level.

The Prosecutor and the Court In tandem with the internal restructuring of the District Attorney's office, we are engaged in developing a much sounder basis of integrating our operation with the criminal division of the Court of Common Pleas. It is in the interest of criminal justice in this county that the daily interaction of the agencies involved be orderly and efficient. Toward that end the court will soon take over the function of listing cases for trial. That control will create a more objective, independent and balanced procedure for bringing cases to trial in a timely manner. It will facilitate preparation for trial both by the District Attorney's office as well as the Public Defender or private defense counsel. And, hopefully, it will diminish the occasion for continuances.

The computerized court information system will support this cooperative effort. Each case will be identified as it comes out of the grand jury. Information on the present trial commitments of ADA's and the public defender or private counsel will be correlated with future scheduling.

The court will thus be able to schedule the new case for trial in a manner approximated to avoid conflicts.

Such an integration of each factor into the criminal justice stream will create substantial judicial economy and contribute greatly to justice on all sides. But such a program once again emphasizes the urgent need to insure sufficient and well-trained prosecutors. If we are left with a system where part-time assistant district attorneys are simply assigned to courtrooms, the opportunity to adequately prepare cases for trial (Le. sufficient legal research, interviews with witnesses, further investigation, etc.) will continue to be logistically impossible.

In addition to the cooperative local integration of prosecutorial and defense activity, the Supreme Court recently took steps to facilitate entry into the criminal justice system of meritorious cases which may have gone without

Conclusion This article has been but a sketch of the renaissance which we intend to accomplish in this office. The renovation of the prosecutorial structure and the cooperative integration of the prosecution function into the daily operation of the criminal court are essential to the assurance of an effective and efficient criminal justice system in Allegheny County. That mandate is summed up in several of the standards relating to the function of the prosecutor established by the American Bar Association.

1. The office of the prosecutor is an agency of the executive branch of government which is charged with the duty to see that the laws are faithfully executed and enforced in order to maintain the rule of law.

2. The prosecutor is both an administrator of justice and an advocate; he must exercise sound discretion in the performance of his functions.

3. It is an important function of the prosecutor to seek reform and improve the administration of criminal justice.

8

Innovations for Accountability

by Robert E. Colville

When Harry Truman said, " ... the buck stops here!" he could have been talking about municipal police. No governmental agency within the criminal justice system has a higher degree of accountability in facing the problem of crime and public safety than the local municipal police.

Since becoming the Superintendent of the Pittsburgh Bureau of Police, the truth of this statement becomes more evident each day.

Although the police officer is only a part of the criminal justice system, the public equates him with the entire problem of crime and the failure to solve that problem. I am not suggesting that we stop analyzing and scrutinizing the police. To the contrary, I suggest that we must begin to bring the same standard of accountability to the entire criminal justice system that the police officer and administration must face each day. From the local magistrate to the District Attorney to the Federal criminal justice system, there must be an evaluation of their contributions to the system of justice. Additionally, the work of the local ~~lice ofncers must be made to increase the safety of the citizen within our constitutional framework.

I would now like to take the reader back in time four years to when I became Superintendent of the Pittsburgh Bureau of Police. As I now look back at the failures and the successes, I marvel at the courage I possessed or, if you prefer, gall, at accepting the job. At the time, the most immediate problems we faced were: "What are the police?", and "What were we trying to accomplish as a Police Bureau?" This may seem to be fairly academic, but four years ago police practices all over this country were being questioned. Segments of our society were contending that police must be all things to all people - lawyer, psychiatrist, minister, doctor, teacher, and so forth. I can clearly remember the head of a major foundation telling me that "since other governmental agencies had failed, it was the mission of police to save not only the criminal justice system, but the integrity of government itself." The idea was noble but not practical or realistic.

With this as our backdrop and a police department which had been split by ideology and internal department politics, I sat down with the four assistant superintendents to discuss the functions, accountability, and public expectations of the Police Bureau. For four weeks we argued, debated, yelled, and pleaded with each other until finally we hammered out a philosophy and goal upon which we agreed and from which we have not wavered during the last four years.

Our conclusion or goal was simply to ensure that a man, woman, or child could move from one location to another without becoming the victim of robbery, assault, rape or any other criminal act, and that persons could return to their homes or businesses without finding them burglarized, vandalized, or burned to the ground.

We knew that in order to accomplish this goal we faced many complex, overlapping problems. Furthermore, the Bureau of Police was a large, cumbersome piece of bureaucra tic machinery, which did not change directions easily. In many instances, we realized that putting one step forward might mean taking two steps backward and that change for change's sake could be as disastrous as standing still.

Under the broad heading of management, we began to tackle the nut and bolt operations of the Police Bureau.

Highlighted in this article are some of the meaningful changes in the Police Bureau resulting from efforts to meet our goal. However, it should not be concluded that we are completely satisfied with our solutions, because many of these changes are ongoing and continuously being evaluated and improved.

In 1970 and 1971, we outlined as the basic and fundamental priority the reduction of crime through: (1) improved patrol service, (2) increased patrol visibility, and (~) proper resource allocation. We attempted to meet thiS priority by adding one more significant approach - ~he maximizing of administrative and staff support to the line officer. In simple words, if you contributed nothing to the patrol officer's capability to reduce crime, we did not need you. Our experience had taught us that police officers, as in any organization, had a tendency to make work which served neither the public nor the patrol officer. Surprisingly, the number of such officers was so large that we were able to reorganize and eventually eliminate an entire branch of the Bureau. Obviousiy, a major cost-savings occurred; but more importantly, we were able to tighten control over the remaining branches.

At this same time, we evaluated the third line of command within the Bureau. This line is designated as inspectors. In early 1970, we had 28 men in these positions with a base salary of $14,000. One district inspector could have as many as 150 men working for him with tremendous responsibility and workloads. Another district inspector could have as few as four men working for him with little responsibility or expertise. We now have ten inspectors with a base pay of $18,000. The remaining inspectors were either reduced to lieutenant rank and placed in line positions, retired, or dismissed.

In 1971 we introduced the concept of a fluid patrol force. Basi~ally, this operation consists of 150 police officers assignedi to patrol units, beat, and K-9 duty, to augment the nine police districts whenever a projected demand for additional police service arises temporarily. We acquired these officers by disbanding the Tactical Police Force (TPF). The deployment of the TPF had been 25 men in two vans 24 hours a day for the purpose of responding to riots. It was our contention that first, if a riot did start, 25 men were not going to contain it; and secondly, how often do you have a riot?

By studying past crime patterns and environmental factors, a general trend of crime and criminal types could

EDITOR'S NOTE: ROBERT E. COL VILLE has been the Superintendent of the Bureau of Police for the City of Pittsburgh since February of 1971. Prior to assuming the Superintendent's duties, Mr. Colville was Assistant Director from 1970-71 and a Police Legal Advisor from 196.9-70 for Pittsburgh's Department of Public Safe ty. In addition to administrative police work, he had practical experience on the police force being a patrolman/detective from 1964 to 1968. Mr. Colville is also a member of the Pennsylvania and Allegheny County Bar Associations and received his J.D. degree from Duquesne University School of Law in 1969.

9

be projected either city-wide or by specific location. When these crime patterns occur, the fluid patrol is assigned to augment the normal district patrol with the dual objectives of prevention and apprehension. It was a recognized fact that crime shifts from place to place. Our tactic was, and still is, to be there with a visible force of police officers to meet this changing crime pattern.

Along with fluid patrol, a study was conducted on the automotive patrol fleet. The decision was made to change the color from the traditional black and white and to replace all units every year instead of every three years. The marking of the patrol fleet in red, white, and blue has greatly increased the visibility of these units. The effect of this tactic we know may be intangible. However, public reaction has been favorable, and we are confident that some degree of prevention is accomplished by visibility.

To increase the degree of citizen-officer identity, a new approach in vehicle marking, the printing of the name of the general neighborhood on the police car which a particular vehicle patrolled, was introduced. To extend this concept further, police unit functions were marked on vehicles which did not patrol specific neighborhoods. For example, fluid patrol units are designated "Crime Prevention" in addition to their regular markings. We felt that these designations allowed the citizen to better identify the patrol areas and functions of their Police Bureau.

Wherever and whenever possible, civilians have replaced police officers in administrative and clerical duties, allowing the police officers to be reassigned to street duty. Through use of the Federally funded Public Employee Program (PEP), we were able to utilize both male and female personnel in many diverse areas of the Bureau such as Communications, Records, Identification, and LOCk-Up. This program permits us to study the extensive use of civilians in the Bureau while releasing police officers to street duty .

The investigative services (Detective Branch) of the Police Bureau was given a major overhauling. Over the last four years our clearance rate for all crimes by the Investigative Branch has moved from a low of 14% in 1969 to last year's high of 19.8%.

One reason for this increa~ed dearance rate has been our constant attention to the fact that investigative units can only be as good as the basic units such as the patrol force.

tion upon which to build discipline and accountability into the Bureau. Therefore, in 1970, we began to design an in-service training program; and by 1972, we were in full operation.

For the first time in the history of the Pittsburgh Bureau of Police, we had designed, constructed, and were conducting an intensive ongoing in-service training program aimed at all levels and ranks of police officers. This program is administered and conducted by Pittsburgh Bureau of Police officers for their fellow officers.

Every supervisory sergeant and lieutenant must attend an 80-hour in-service training course. All patrol officers are now involved in a 40-hour program. All officers with the rank of inspector and above are given university-level programs in management. Last year, over 500 officers attended in-service training with 170 sergeants, lieutenants and inspectors, and 243 detectives, in a 40-hour course given by the Police Legal Advisors on the new Crimes Code.

While we have added a great deal in new and different course study to our curriculum, we have not forgotten the mandatory, necessary training every police officer must receive. Firearms training on a range with qualified instruc路 tors must be taken by every officer once a year. The officers fire a full range of weapons and receive instruction on safety_They learn not only how to fire, but when to fire. First Aid Training has been expanded from senior lifesaving to a 120-hour course for all emergency equipment operators. This course, titled "Emergency Training I," enables an officer to give treatment for everything short of brain surgery.

This is just the beginning in an area which we intend to continually expand. Installation of a mini-television studio to aid in training programs marks the present contribution to the expansion. By the first of this coming year, we will begin televising, via closed circuit TV, 20-minute Roll Call Training Productions into every police station.

The fruits of this effort by the Bureau can best be summed up by describing a recent experience. One of our young officers was at a preliminary hearing with an actor accused of a violation of the Uniform Firearms Act. The actor was being defended by an attorney who attended law school with me. After the officer had put in his case, the attorney began by questioning the right of the officer to have searched his client in the first place. The young officer interrupted the attorney and, speaking to the bench, pointed out that the question as to his right of search and seizure was not at issue in a preliminary hearing. Furthermore, Riviera v. U. S. and Hicks v. Commonwealth clearly allowed a stop and frisk under the facts presented. In response to the officer, the attorney turned, looked at me, and shook his head. At that moment, all the hours and work of many men within the Bureau who helped make our training program a reality received their pay day_ For the first time in its history, the Police Trial Board has begun to function as an effective disciplinary tool.

Heretofore unheard of, officers have been dismissed for major infractions of the rules and regulations of the Bureau of Police. Suspensions ranging from ten (10) days to one (1) year have been imposed, and all Trial Boards are now open to the public and news media. As a result of numerous court cases aimed at establishing the responsibility of the administration for police conduct and its right to supervise and discipline when necessary, we now may impose a ten (10) day suspension subject only to appeals to Civil ServICe and the courts.

Making the Trial Board effective and responsive has been a long and sometimes difficult achievement. However, we feel that the results have been and wiII continue to be a reestablishment of confidence by the public in their Police Bureau.

One of the most significant factors in the Bureau's progress over the last four (4) years has been its ability to

The harmonious relationship and interdependent support of patrol and investigative units are paramount to successful police operations. Another factor contributing to the increased clearances has been the procuring in 1972 of two mobile crime laboratories. These units, available 24 hours a day, are equipped with the 路 latest crime scene investigative tools and are manned by expert Bureau criminalists.

However, I believe the greatest contribution to the Police Bureau has been training. The Assistant Superintendents and I were convinced that training was the founda10

Vice arrests in the City of Pittsburgh, including narcotics law violations, gambling, prostitution, and liquor law violations, have increased by over 8% in the last four years.

To the citizen of Pittsburgh, this increased arrest rate means that he or she is less likely to be a victim of a serious crime and that if they indeed do become victimized, the perpetrator is more likely to be brought to justice.

The Pittsburgh Bureau of Police, of course, cannot take the full measure of credit for reducing crime and increasing violator apprehension. A police force can only be effective when it has the aid and support of its citizens. As the public becomes more sophisticated in how to prevent crime and when to summon the police, the results will be seen in a safer society.

Although we have contended that our main function is crime prevention and law enforcement, we recognize, unlike most other governmental agencies, that we must remain constantly on duty and available for service. Therefore, it is not surprising that the police have also become serviceoriented in terms of helping the citizen in non-law enforcement matters.

During 1973, a total of 278,250 calls for service were answered by the Pittsburgh Bureau of Police. This represents an increase of more than 8,000 calls over the preceding year.

In order to examine the non-enforcement service level of the Bureau of Police, the following information may be of some aid. When a police officer responds to a call and determines that a crime (any crime, serious or minor) has occurred, he must submit an Offense Report stating the known particulars of the crime. In 1971, only 10.6% of the total calls for service answered by the Bureau of Police resulted in the filing of an Offense Report by an officer. In 1972, this same percentage factor stands at 10.3%. This drop points out that the police, while being primarily crime prevention and enforcement oriented, are also performing public services at a very high level.

In the past five years, it is interesting to note that the total calls for service have increased by 18%. It can be reasonably assumed that the people of Pittsburgh rely more and more on their Bureau of Police for response to a wide range of services - both enforcement and non·enforcement.

Much of what has been stated earlier has enabled the Bureau to meet this workload of service.

In addition, we have forced other governmental agencies to accept responsibility in their respective areas of concern.

For example, chronic alcoholics are about to be given an alternative to jail with social agencies taking the responsibility for treatment and care. This action was initiated by the Police Bureau. Also, dog bite reports are now sent to the Health Department rather than having police officers take them.

Our basic approach as to the other agencies has been to take the position that the police will not continue to perform their functions. We will assist in the transition, but will no longer provide the service as of a given date. We then have stood back and taken the flak, and on occasion the flak was heavy.

In 1971, when we pulled the police out of the high schools and informed the school board that internal discipline was their responsibility, many people told me that it was a mistake which would close the schools by the end of the year. We assisted the school board in building their own security force. By the end of the school year, they were effectively and efficiently handling the security problems to which we had previously allocated a hundred police officers.

If this article has reflected a boastfulness on my part, I apologize to the reader. If it has reflected a pride in the accomplishments of the many men from police officer to Assistant Superintendent who have brought about what I believe to be a new professionalism to the Pittsburgh Police Bureau, I plead guilty.

provide more service with less money. In 1969, the budget for the Bureau was at $17,705,656. For the current fiscal year, we asked for $18,649,543, an increase of less than one million dollars despite inflation and rising costs. It is also worth noting that this holding the line on costs was not at the expense of the police officers.

In 1971, our Community Relations effort was redirecled in that its centralized administration is located in the Office of the Superintendent of Police, while each police district is staffed with a full· lime community relations officer. This action has increased our Community Relations staff from four in 1969 to 13 in 1974. The basic and overriding responsibility of Community Relations is to aid and sup· port the uniformed police officer in preventing crime and increasing police·citizen cooperation. Programs such as Operation Identification (an anti·burglary project) and a burglary and robbery prevention program have been established in all districts for small businessmen in the City of Pittsburgh. The impact of our Police-Community Relations has been substantially increased by the constant involvement of top police administrators. I personally take part in several Community Relations meetings each week, as do the A%istant Superintendents. Our presence has bolstered the growth of four Police·Community Councils within the city.

Professional civilians have been employed in the Bureau over the past few years with a good deal of success. These professionals include attorneys in a police-legal advisor unit, police planners, and a Community Relations specialist. We are presently exploring other functions that may be available to employment of professionals, facilitating the release of command and supervisory officers from their present positions to enforcement functions.

In mid-1974, an internal study was launched to examine the functions and duties of all administrative and support services. Basically, the project includes a survey of personnel classification, reporting procedures, paper flow, and assignment. We anticipate that the information received in this study will enable us, with the help of computer modules, to build in an ongoing quality control unit for the entire Bureau of Police.

What has all of this meant for the police and citizens of Pittsburgh? The incidence of serious crime in the City of Pittsburgh has decreased significantly. These crimes include murder, non-negligent manslaughter, robbery, rape, burglary, serious assault, larceny and auto theft. Over the past four years, serious crimes have dropped by over 39% in the City of Pittsburgh. In addition, while the incidence of this type of crime is diminishing, the apprehension rate of those who commit such acts has been steadily increasing.

It is recognized also that vice activities, especially narcotics violations, spawn many serious crimes. The Bureau's activity and efforts in this area have addressed this problem.

11

PLACEMENT: THE PROBLEM PRESENTED

by Joseph Gula Certainly, no one needs a gypsy with a crystal ball or a sophisticated computer bank to determine the plight of today's law school graduate. Supply is up! Sinee 1960, the number of students entering law school has more than doubled. Students admitted today arc more likely to graduate than those admitted a decade ago. Today's graduates are also more likely to pass the bar exam. In addition, today's longer life span allows attorneys already in the field to practice longer. Studies of the market estimate that for every three attorneys able to apply the Uniform Commercial Code, there is one student trying to find a UCC textbook.

The profession is feeling the crunch caused by the rising expectations based on the expanding market of the 1960's.

From the mid-1960's until 1960 or 1970, the opportunities and pay were simply better than in the 1950's. In 1967, the New York firms raised the ante by increasing starting salaries of associates from $11 ,000 to $16,000. This filed down one burr on the otherwise smooth surface of the legal profession - deferral of larger salaries until later years.

Pittsburgh was no exception to the national upswing in salaries prompted by the New York firms. Assistant Dean Robert Barker, whose duties include placement services at Duquesne University School of Law, said that a good starting salary in Pittsburgh eight years ago was $8,000. The Assistant Dean estimates that present salaries range from $8,500 to $16,000 with a median between $10,000 and $12,000.

Another factor contributing to a law graduate's plight is a change in the market advantage and status of a college degree. The college degree has shifted from a premium to a prerequisite in the market place. It has changed from a mark of distinction to an item of mass production. Persons interested in effecting social change discovered that the law degree, rather than the college degree, enabled even the 90-pound weakling, who just got sand kicked in his face, to exert tremendous leverage in budging the monumental boulder we call the "system". Economic, altruistic, egotistical and self-fulfillment motives surfaced as push factors which combined with the pull of an expanding job market to produce a powerful push-pull amplification of persons turning to law.

Demand, though not necessarily down, appears as such because the system cannot absorb the rapidly expanding supply. Aside from the number of Mrs. Palsgraffs waiting on railway platforms and testators lying down for keeps in deathbeds similar to that of Mr. Braswell, the demand for lawyers depends more on economic activity than on population. Expanding money supplies beget institutions. When the economic boom charged ever upward, institutions sprang out of the ground like ants after a picnic basket.

More institutions beget a need for more lawyers. They also beget a need for more regulatory governmental agencies.

The governmental agencies beget a need for even more lawyers. The institutional lawyers make "it happen;" the regulatory agency lawyers watch "what's happening".

The economy impressed the crowds with its sprinting ability. But now the race is over and the economy is by the grandstands leaning against the wall wheezing. The system has wound down - but desire to be a lawyer is still wound up.

Earlier, it was pointed out that individuals sought admission to law schools for two reasons: egotistical, monetary and personal satisfaction (the push factor), and a large market demand for lawyers (the pull factor). The push factor does not reflect true market demand and may be the explanation for people banging incessantly on the law school doors, while everyone's telling them that only half of those coming in those doors, go out of them with jobs.

Another difficulty is that the lawyers already practicing

are less likely to move around. For example, many lawyers in governmental agencies, who originally viewed their jobs as stepping stones, set up camp on a more permanent basis.

Even some of the less exciting governmental agencies have stopped interviewing, although they still accept resumes from the top.half of the class. The old experience getters, the bottom of the ladder governmental positions, are just not opening up .

How can a law school prepare itself and its students in this battle for positions and employment? In 1972, the National Association of Law Placement (NALP) stated that the ideal is one placement staff member for every 360 students. The NALP maintains that placement is a fuB-time job; the Placement Officer should not agree to handle admissions, alumni relations, or financial aid in addition to placement. The Placement Office should have a career library. Finally, the NALP recommends two outside phone lines for the office, as well as, access to an auto-type system which permits the mass production of personalized letters.

Keep in mind that these ideas come from a group having a vested interest in promoting placement. The NALP was certainly not formed to phase itself out.

According to Assistant Dean Barker, 1972 was also the high water mark of law school investment in placement services. Evidently, law schools in general are now reevaluating this expenditure. Information available to the Assistant Dean does not convince him that there is a direct relationship between placement success and expenditures for placement. Admittedly, at some point, the marginal utility of investment in placement must decline. But finding the point at which this occurs is the problem.

Even though the picture presented varies in color from black to dreary gray, the Juris Doctor is nonetheless a significant credential. The holder will have a high probability of finding some type of job, but finding the job, as a lawyer, will be more difficult.

STUDENT ATTITUDE TOWARD PLACEMENT OFFI CE This survey was designed to evaluate 3rd year day and 4th yeer evening students' opinions of the Placement Office and also to determine students' opinions as to the alternative funding possibilities. The questions presented by the survey were : 1. I believe that my initial employment after law school will be secured through (on answering use definitions supplied below): Check one Academics Job Relation _ _ Special Skill _ _ Family nes _ _ Own Practice _ _ Dependence on Exposure Academics

Law ReView, Appellate Moot Court, high class rank.

Job Relation ~ Presently working for someone with likelihood of job offer.

Special Skill = Engineer. Accounting, Journalistic experience or other background qualifications which you believe to be marketable.

Family Ties = Will obtain job through family or political influence.

Own Practice 3 Will initiate own practice.

Dependence on Exposure = Finding job will require contact with large numbers of employers to locate position because of failure to fall into above-mentioned categories.

2_ Do you believe the present Placement Office IS adequate to meet your needs?

3. If economics required a choice between an additional professor on the faculty or a full-time placement office. would you choose a full-time placement office?

4. Would you be willing to pay $30 extra tuition per year to establish a full路time placement office?

5. Would you be willing to pay $10 extra tUition per year to II$tablish a full-time placement office?

NOTE: In Questions 4 and 5 the assumption was that a full-time placement director and office set路up would cost about $18,000. On this basis, each of the 600 law students at Duquesne would have to contribute $30 in order to support this plan without any other reallocation of present resources.

STUDENT ATTITU DE TOWARD PLACEMENT FOURTH YEAR EVENING Total number in class ; Total number of responses : Imllal employment secured % of through Total 4 Academics 10 8 Job Relatton 21 3 Special Skill 8 o Family Ties 0 1 Own Practice 3 12 Dependence on Exposure 31.6 10 Combinations 26.4

Ques. 2 Yes No 1 3 8 0 1 2

Ques. 3 Ques. 4 Yes No Yes No 1 1 3 3 7 1 5 3 1 1 2 2 0

0 0 2

79 38

12 5

12 6

Cues. 6 Yes No 4 0 8 0 1 2

0

0 4

8

6

0

4 4

10 8

2 2

THIRD YEAR DAY

11 Academics 13 Job Relation 3 Special Skill 5 Family Ties 1 Own Practice 24 Dependence on Exposure 22 Combinations

Total number in class : Total number of responses :

85 79

14 16.5 4 6 1

0 1 0 3 0

11 12 3 2 1

9 11 3 3

2 2 0 2

9 8 1 0

2 5 2 5

10 11 3 1

1 2 0 4

30.5 28

0 0

24 22

21 18

3 4

16 14

8 8

20 20

4 2

PLACE MENT QUESTION NAIRE The Placement Office annaully dlstrobutes a questionnaire to 3rd year day and 4th year evening students In September of the calendar year previous to their graduallon. I t is designed to categorize student job interest and to serve as a ready reference for the office.

Students are requested to f ill out and return the questionnaire to the office.

NO. IN CLASS NO. RETURNED CLASS 194 1973 86 1974 208 68 1975 164 36

PLACE MENT DIG EST Some law schools have used as a placement aid a digest containing individual photos accompanied by broef descriptions of members of the graduatong class. Dean Barker visited Marquette Law School to explore the operat ional practicalities i nvoilled. Acting on his suggestions. the Student Bar Implemented the program at Duquesne by arranging photo sessions with the University photographer and by appOinting student s to edi t submitted biographical descroptions.

Mailing costs amounted to approximately half of the $1,300 to $ 1,400 expended on the digest for the Class of 1973.

Due to student delays in the submission of photos and descriptions, the digest did no t come off the presses until March 1973 for the Class of 1973. Even at that pOint, only two-thirds of the students had responded. Since a survey of the Class of 1974 indi cated only a 20% student interest in the digest, publication of a 1974 digest was scrapped. No publicatio n plans were made for the Class of 1975.

$~q~

From the Halls

by Bob Ging

DAVENPORT At the invitation of the State Department, Dean Ronald Davenport recently went to Africa. Davenport attended a conference from October 31 to Novem· ber 18 whicb covered the "Delivery of Legal Services." Durin. his trip, the Dean expected to visit Kenya Nairobi, Tanzania and Mozambique.

SCHOLARSH IPS

As most students are painfuUy awue, scholarship aid is becoming an anachronism, particularly in the night division.

In order to provide an opportunity for students to avail themselves of an addi· tional scbolanhip, Harve Linder, SBA President, bas proposed a scholarship raffle. The proposal was passed una'li· m.ously at a recent SBA meeting; however, it requires the approval of Dean Davenport. Should the Dean approve the proposal, the SBA would sponsor a raffle each semester, the enUle proceeds to be applied to the tuition of the win· Ding student. Students abeady on full acholanhi.,. would be ineligible.

FOOD SERVICE Irate 018r the declining quaUty of the food and vending service in Rockwell Hall. the Student Bar AIIociation (SaA) Is launching a campaign to rectify the llituatioa. Heading the list of grievances me: (1) the poor quality of food, (2) inabiUty of the food service to keep machines .tocked and properly operating, (3) failure to refUnd money lost in the machines, and (4) the unclean con· dUlons of the machines. An SBA subcommittee. l8C8ntly formed to study the problem. has taken the initiative to aUeviate these grievances. Despite letters sent to Father McAnulty; to the "Can· teen" food service; to members of the administration, and to various student groups, the committee received only two msponses. One !rom the "Duke" (the undergraduate newspaper) which bas previOUJly criticized the food service and one from the "Canteen" Food Se"· ice. AI a result of the inaction on the part of Father McAnulty and Father Clark, the Univemity Treasurer. the SBA approved a resolution to bold a referen· dWn to determine if the law ltudenta would favor boycotting the vending service. The SBA has I8eopized that, should the boycott be ~ auk may .move the macbtnts from Rockwell HaD. It the machines 118 ~ the law school would be without a food

service, because the University has en· temd into an exclusive profit-sharing contract with "Canteen." Therefore, a substitute service would not be aUowed.

ALTERNATE GRADING The Student Bar Association (SBA) is curmntly studying proposals for an altemative grading system. The study is the result of dissatis!action with the grading system now being used in the law school. The present method makes it almost impossible for a student to get an "A" in a coune, and difficult to get a "B". At the SBA meeting in September, a list of proposed alternatives were submitted, but subsequently tabled for further study. Tbese proposals would have raised the average grade to keep Duquesne more in line with other law schools around the country. The problem presented by the current grading system, as explained at the SBA meetIng, is that students, when applying for jobs oullide of the Pittsburgh area, are handicapped when competing with stu· dents from other law schools. While a Duquesne graduate may be in the top tlen percent of his class, his average could conceivably be IS low IS 2.7 or 2.8. Those in the top ten percent at other law schools often have averages as high IS 3.5 or 3.7. The competitive edge given to the latter students Is obvious.

Faculty reaction to a change in the grading system is not favorable. The SBA has requested the !acuity to explain the rationale for the present grad· ing system befom a ftnal proposal is submitted. ~_ _ _ _ _ _ _ _ _ _ _ _--I

BAR EXAM Graduates of the Class of '74 at Duquesne Law School took top honors in the most recent Pennsylvania Bar Exam given July 31·August 1. One hundred percent of the Duquesne gradu· ates passed the exam as compared to a statewide average of 93.87%. This is the first time in the history of Pennsylvania that a law school has had 100% of a graduating class pass the exam. No figures were available as to the number of students currently employed as lawyers or in a legal capacity.

APPELLATE MOOT COURT On October 31, Melanie DiPietro, JoAnna Panzar, and Tim O'Brien, repre· sented Duquesne at the Regional Appel· late Moot Court Regional Finals in Philadelphia, Pennsylvania. Competition among the 11 schools in the region was based on 2 oral arguments and a written brief. Duquesne's oral presentation gave it victories over the Universities of Pitts· burgh and Baltimore. Duquesne, however, was not !ll!1e<'ted to advance be· cause of its score on the written brief.

NEWSLETTER The Student Bar Association is in the

process of publishing a "Student Bar Association Newsletter. .. The News· lettler, intended to keep students and faculty infonned of the state of the law school, will accept newsworthy contri· butions from all members of the law school community. Send your news or comments to the SBA, c/o Duquesne Law School.

CHRISTMAS DANCE The annual Christmas Dance will be held December 7, from 8:30 P.M. to 1:00 A.M. This gala affair, said by many to be the highlight of the law school social season, will feature a dance band, the traditional skit, and, of course, the faculty.

RAP SESSIONS

AttorneY helt Ode questions witneu Susan ... in .Jud&e JIIDIS Dattilo's

a II8IIIIoD of the Trial Moot Cou!t Proeram.

~ duriDg

The SBA held its filSt student-!aculty rap session on November 21. This gettogether was the tint of similar rap sea· sloas to be held throughout the year.

The awnt was bilbHthtied by the serving of compUmentaty beer and wine.

More Than Just a Kindergarten Lawyer If you ever need a lawyer experi. enced in "kindergarten law," consider Stephen Signore. The Montgomery County attorney won his first case on the subject last spring by persuading a Common Pleas Court judge that "when a child cannot be made to attend kindergarten once, he clearly cannot be made to attend twice." The case, which received page·one publicity in the Phila· de lphia Inquirer, involved a bright young boy who was asked to repeat kindergarten for non·academic reasons.

When the school district refused to change its decision, the child's mother kept her son out of school and was sued by the school district for violating the compulsory education act. The school district argued that while the boy did not have to enter school until he was eight, he could not leave once enrolled.

Signore persuaded the court that the student's enrollment remained volun· tary, since kindergarten is not required and the child was too young to be covered by the act.

The 30·year·old native of Ambler, Pa. does not limit his activities to inno· vative causes. Signore spends the majori· ty of his time as a general practitioner with the Norristown firm of McCarthy, King, Narducci & Signore. However, many other activities vie for his time .

Signore enjoys teaching and has taught Business Law at Montgomery County Community College and Banking Law for the American Institute of Banking.

He is currently teaching Real Estate Law and Business Law at Temple Uni· versity's Ambler Campus.

Signore is also kept busy by his in· terest in politics, his involvement with the local YMCA and his duties as As· sistant Public Defender. After a typi· cally busy day Signore looks forward to coming home to his wife Carol and his two children.

He came to love the law while at Duquesne Law School, but his original decision to go to law school was made with mixed emotions. Originally intend· ing to be a doctor, Signore found that he hated the undergraduate science

courses at the University of Pennsyl· vania, and quickly switched his major to creative writing. As might be expected, his parents were disappointed, so Steve offered to go to law school, mainly "to pacify my parents."

He found that he enjoyed school, and did well, graduating in the top quarter of his class and serving as Asso· ciate Editor of Juris. He earned a clerk· ship with Judge J. William Ditter, then of Montgomery County Common Pleas Court, and moved with Ditter when the judge gained a position on the United States District Court in Philadelphia.

Signore says he has "a soft spot in my heart" for Duquesne. He particu· larly admires the academic excellence of Prof. John Murray, who taught Con· tracts, and the warmth and guiding spirit provided by Prof. Louis Man· derino, who taught Torts and Evidence and developed strong ties with the stu· dents outside of class. Signore's most memorable experience was his first law school exam, an experience which still leaves first·year students deeply moved.

Signore's first exam was in Adjudica·

ALUMNI RECORD The Board of Directors of Duquesne University has named T. Robert Brennan, L '34. to be Prestdlnt of the Board. The action, taken earlier this fall at the Board's annual meeting, is the culmination of many years of service by Brennan to the Lew School and Duquesne. An interview with Brannan Is expected to appear In a forthcoming issue of Juris.

Joseph A. Murphy, L '68, has been named a member of Lenahan, Dempsey & Murphy in Scranton, Pa. Murphy Joined the firm in 1971 following a three·year clerkship with U. S. District Court Judge William J. Nealon. Murphy serves on the Board of Directors of the ScnInton Prep Alumni Association, Is married and has three children.

This is the first column of an expanded Alumni coverage in Juris. Such columns, a regular part of Juris in its early years, will appear from time to tima as Juri, receiVes noteworthy .nformation about alumni. The Alumni Editor solicits your cooperation and requests th8t news about Duquesne Law Alumni !lneluding yourself) be sent to Alumni Editor, Juris, Duquesne Universi

School of Law 600 Forbes Ave .• Pittsburgh, Pa. 15219.

tion, better known as Legal Process, then taught by Prof. Rafalko. The first question was alright, the young attorney recalls, but the second question involved the application of the Federal Rules of Civil Procedure. He remembers that many simply left the question blank, but he managed to "bull" his way through for a C·plus.

Signore describes his experience with the Moot Court programs as "one of the highlights of law school." He added that they were the "only practical aspect of law school that I can recall," as well as being one of the most enjoyable.

This is not to say that the course· work was not practical, but Signore seems to feel that he missed much of the importance of some law school courses. He considered Jurisprudence to be a "waste," and while he now sees its importance, "you never would have convinced me" as a student that the course had merit. Likewise, he believes that his biggest mistake was not paying attention in Constitutional Law, since such questions have come up frequently in his experience as a lawyer.

He has strong feelings about the role of a lawyer. His personal goal as an attorney is "helping people solve prob· lems out of court and at the least possi· ble expense." He adds that it makes him shudder to think of attorneys who charge $1,000 for doing next to nothing.

Signore says that as a lawyer he is "more interested in seeing that justice is done than in seeing that the law is fol· lowed." He hopes that justice can be achieved within the framework of law, but emphasizes that justice is more important than the law and believes that "to insure justice, you must misinter· pret or bend the law slightly" some· times. Where there is an unjust law, Signore believes that exceptions must be made and that one must bend the law to fit justice.

The key to successful lawyering, Signore believes, is preparation. He finds that too many attorneys appear in court totally unprepared. Asked whether he would recommend that new attorneys join a firm or go it alone , he comments that originally he thought about being a sole practitioner but today is very glad that he decided against it, both because of the greater financial burden of the one·man office and because of the diffi· culties of getting away for a vacation if you are the only attorney in the office.

Since the kindergarten case last spring, Signore's caseload has included two new cases involving children seeking admission to kindergarten programs. As for his future goals, he hopes that his present firm - which began earlier this year after two smaller firms merged will double or triple its present staff of five attorneys, enabling him to rise to the status of senior partner.

(S.B.B.)

l\No Familiar Faces • In

Pittsburgh ~Paul~th~L'69

John Lehew, L '30

'The name of J. Paul Martha will undoubtedly ring a bell for many natives of Pittsburgh. These people will remember him as the All-American halfback who played for the University of Pittsburgh and who went on to play professional football for seven years. Today, Paul is a successful attorney practicing for the law firm of Reed, Smith, Shaw & McClay, where he specializes in the fields of real estate, real estate finance and the Occupational Safety and Health Act. Attorney Martha graduated from the University of Pitts· burgh in 1964 with a B.S. degree in psychology. As an undergraduate, he was very active in the University's sports program. In addition to excelling in football for four years, Paul also managed to find the time to play baseball and basketball. After graduation, he played professional football for the Pittsburgh Steelers for six years and spent his last year with the Denver Broncos.

Early in his professional football career, Paul decided he did not want to rely on the game all his Ufe. As a result, he attended the Law School's Evening Division for four years while playing for the Steelers. Commenting on the task of attending law school while playing professional football, the Wilkinsburg native stated it was not as difficult as most people might think. Although his practices were physically strenuous, he did find time to study and his schedule was such that he had plenty of time for exams. He also found law school a welcome diversion from a poor season.

Attorney Martha feels that Duquesne Law School gave him the basics to develop a workable knowledge of the law.

Commenting particularly on Dean Davenport, he said that the Dean was a good constitutional law professor when he attended Duquesne and has since done an exemplary job as Dean of the Law School. While discussing the law school's curriculum, Attorney Martha stated that" a lot can be said for the practical aspects of the law. But, on the other hand, it's a waste of time to become involved with a practical education until you've developed a legal way of thinking.

'This may take one year, two years ... for some, never.

Thus, practical education has its place but it may be entered into prematurely_ As a result, it's hard to say when a particular student is ready for a practical education."

Attorney Martha advises the student to develop some practical appreciation in the area of business; particularly in the areas of accounting, finance, real estate, and corporations. He feels that an M.B.A. coupled with a J.D. is a big advantage to an individual, as it enables him to move in many directions.

As a former free safety, Paul appreciates the ability of being able to move in many directions. Obviously, the transition from football player to attorney was one shift in direction which Paul Martha made quite successfully.

(J.H.W.)

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rather's advice and now admits it was the wise thing to do.

Mr. Lehew regards Duquesne as a fine law school with an increasing reputation and says that he would recommend it to any of his eleven grandchildren interested in a legal education.

Mr. Lehew attended Duquesne from 1927 to 1930 while working as a stenographer in a law office. He was a member of the last three-year night class to pass through the law school. Although he recalls that generally there were "too many dull COUlSeS taught by dull professors," he noted that his favorite course was Criminal Law and that he admired the ability of Judge John P. Egan and Dr. William Lacey.

As a member of the District Attorney's staff who has worked in the Indictment Room for over forty years, Mr. Lehew is familiar with Duquesne's recenUy instituted Criminal Prosecution Clinic. Although he doesn't believe that a lottery is the most efficient way to choose candidates for the program, Mr. Lehew views the clinical education concept as "an excellent idea which will allow students to learn the practical aspects of how the system operates."

Mr. Lehew recalls that he learned more from actual experience than from books, and believes that additional programs should be established to allow all interested students an opportunity to participate. Further, he suggests that the entire process of legal education might be altered for the better if "less emphasis was placed on the theoretical and more emphasis was devoted to the practical aspects." He notes that "law Is ever-changing and perhaps methods of legal education should keep pace."

Mr. Lehew views the recent political developments in Washington as a "somewhat healthy occurrence." He observes that "people are starting to think again and look discriminantly at their political representatives. Politicians will again have to prove that they are sincere and worthy of the voters' trust."

Mr. Lehew advises young lawyers not to lose sight of the basic function of their profession - to competently represent their clients and help them with their problems. He warns, "don't try to make a killing in the law business, just do your job weU and the rewards will come."

(D.A.P.)

Juris

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When John G. Lehew graduated from Pennsylvania State University with an A_B. in Political Science and returned to his home in Crafton, his father suggested that he continue on to law school. Although somewhat "doubtful whether he was cut out for such a career," Mr. Lehew foUowed his P()!':TAr.F RF()IIlREn FOQ

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