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Voir Dire UC Hastings Archives and History

3-31-1965

Voir Dire Vol.4, No.5Associated Students of Hastings College of the Law

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America's Mopt E2Compreheunive Law- School Newspaper

"To deprive a man of hisopinion is to rob posterityand the existing genera-tion. If it be right, thenthey are deprived of ex-changing error for truth.If it be wrong, they aredeprived of illuminatingthe impression of truth asit collides with error."

-JUSTICE BRANDEIS tIrHastings College of the Law ire

March 31, 1965 San Francisco, California Volume 4, No. 5

Priosse r RellfreshesThird Year Wi'th

Sterl ing LectuesOn Tuesday, March 22, Dean

William Prosser delivered thelast in a series of lectures ontorts to members of the thirdyear class. The talks, which be-gan in the third week of Feb-ruary and which were given oncea week in successive weeks, weredirected at giving the prospectivebar candidates a head start Intheir preparation for the fall ex-aminations. The subjects coveredIncluded proximate ca u se, resIpsa loquitur, misrepresentation(or fraud), owners and occupiersof land, strict liability -and prod-ucts liability.

Third y e a r student MurrayRichtel, who arranged for thelecture series and requested Pro-

Dean Prosserfessor Prosser's services an be-half of his classmates, stated thatthe sessions which were held inclassroom "B" w e re well re-ceived. The large lecture hall wasfilled to capacity for each of theevening seminars. T h i s year'sgraduating class felt itself de-ficient in its knowledge of thesecertain areas of tort law, saidRichtel. He and the others whoparticipated commented f a v o r-ably on the opportunity thus af-forded to hear Dean Prosser, asthey were denied his instructionas first year students when hewas still at Boalt Hall. At theconcluding session a gift waspresented by way of appreciationto Prosser, who had generouslygiven of his time solely at therequest of the students.

The concern evidenced by theclass of 1965 for adequate prepa-ration for the bar exam stems inpart from the recent release ofstatistics relative to the fall 1964bar examination I nd ic at in ga passing percentage for Hast-Ing's graduates of 60.9 (accordingto figures puiblished in the Janu-

INDEXTraffic Courts ........ page 8Pictorial.... ....... page 6Editorial ............ page 4Letters ............. page 4Prof ile ............. page 3News Briefs......... page 2

ary-February issue of the Journalof the State Bar of California).The concern of the prospectivegraduates may be indicative ofimproved results in the comingf all

In light of the somewhat laxrequirements for application tothe bar in California it can befairly concluded that one of thepurposes of the examinations isto exclude those without properlegal qualifications. Local rulesrequire that an applicant's legaleducation must be: (1) at an ac-credited 3 y e a r full-time lawschool; or (2) at an accreditedlaw school requiring a part onlyof the student's time f or at least4 years; or (3) at an unaccreditedlaw school authorized to conferprofessional degrees for at leastfour years; or (4) under the per-sonal supervision e i t h e r of amember of the State Bar of Cali-fornia who has practiced law forfive years; or (5) by instructionin law from a correspondencelaw school for at least four years.Due to this exclusionary policybehind the bar examination it isa difficult one. But the chancesof success for those who preparethoroughly are necessarilygreater. It is in view of the fore-going, undoubtedly, that Hast-ing's prospective examinees havealready begun to direct their at-tention to the last hurdle whichlies ahead of them after theirJune graduation.

The several methods of admis-sion to the California Bar, whichpermits a prospective lawyer tostudy law in a Judge's chambersor through a correspondenceschool, have recently been se-verely criticized by some mem-bers of the State Legislature.

VOIR DIRE PRINTEDWITH NEW PROGESS

This issue marks the inceptionof a new printing r nocess zfor

In addition to providing betterreproduction of cuts, the offsetprocess represents a saviiig inprinting costs when large num-bers of photos are used in eachisue. Since the expansion of theformat of the Voir Dire has in-volved the increased use of largephotographs, the change inprocess represents a tangiblesaving.

New Voir Dire New Moot CourtStaff Picked

David J. Pantoja is to be theEditor-in-Chief of volume 5 ofthe Hastings Voir Dire, it wasannounced today. He succeedsoutgoing Editor-in-Chief Eric J.Fygi, whose tenure was for the1964-65 academic year. Chosenas Managing Editor was SteveBurtnett, who served this yearas Feature Editor.

Pantoja, a second year studentfrom Montebello, Calif ornia,served this year as News Editorof the VOIR DIRE. A 1963 grad-uate of Loyola University at LosAngeles, Pantoja served fouryears on the staff of the Los An-geles LOYOLAN, the campusnewspaper, and served as Editor-in-Chief of that paper from 1962-63. Pantoja was a political sci-ence major at Loyola, and was amember of Delta Sigma Phi fra-ternity. During his senior yearat Loyola, Pantoja served asVice President of his fraternitychapter, and was West Coast Edi-tor for the Delta Sigma Phi Na-tional newspaper. His undergrad-uate' career was culminated bythe Conroy Award for excellencein Journalism.

Steve Burtnett, Managing Edi-tor-designate, is a graduate of.the Iowa State University of Sci-ence and Technology at Ames,Iowa. Graduated in 1964 with aBS in Pre-Law, Burtnett was anofficer in his chapter of SigmaAlpha Epsilon. He is from Dow-ney, California.

Both Pantoja and Burtnettwere instrumental in the pro-gram of expansion and improve-ment that has characterized theVoir Dire during this year. Thefeature article on the CaliforniaSupreme Court, authored' byBurtnett and which appeared inthe last issue of the Voir Dire,has produced favorable commentfrom law professors and juristsalike.

Editor-designate Pantoja an-nounced that volume 5 of Voir

David J. Pantoja

Boa r d Appointed;F. Laune, Chairman,

On March 25th the Hastings Moot Court Board announced thenames of those second year students selected as members of the1965-66 Moot Court. The new members were selected by the out-going Board from the numerous applications submitted by interestedsecond year students. Tom Woodruff, outgoing board chairman, ex-pressed astonishment at the number -of applicants submitting theirnames for consideration and regretted that only a limited numbercould be accepted for membership on the Board.

PROF. STEVENSHASTINGCS GAIN

Next year for the first timeHastings will have a facultymember whose full time will bedevoted to direction of the LawJournal and the Moot Court ac-tivities. Professor Geo rge NeffStevens is coming here from theUniversity of Washington to as-sume these important duties.

Professor Stevens studied atDartmouth College and receivedhis- professional and legal train-ing at the University of Louis-ville, graduating in 1935. Upongraduation Professor Stevens wasadmitted to practice in NewYork City, where he practicedlaw for two years before embark-ing on his broad and varied ca-reer in legal education.

He taught at the University ofLouisville, University of Cincin-nati, Ohio State University, andWestern Reserve University. In1949 Professor Stevens becameAssistant Dean of the School ofLaw at Western Reserve. In 1951he went to the. University ofBuffalo as Dean and Professor ofLaw, and then in 1952 to the 'Uni-versity of Washington, again asDean and Professor of Law. Heremained Dean at Washingtonfor ten years and is still teachingthere this year. Professor Stev-ens was here at Hastings as aVisiting Professor in the summerof 1963.

Professor Stevens has been ad-mitted to practice in New York,Kentucky, Ohio and Washington.He has served on the ExecutiveCommittee of the Association ofAmerican Law Schools andserved during two different pe-riods as the Washington Commis-sioner on Uniform State Laws.He also served for six years asExecutive Secretary of the Wash-ington Judicial Council.

Preston Appointed

Flint and MacKay, in Los An-geles.

The Board members had a dif-ficult time in finally selectingthe chosen few, but after dueconsideration of all factors in-volved they selected 21 men tosucceed them next year. The1956-66 Moot Court Board willconsist of Freeman D. Lane,Chairman; Fred L. Allen, WalterA. Brown, Jr. Richard H. Carl-son; Gordon F. Garrett; Timothy

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April 12, will be held Friday,April 9. At this time both stu-dent body officers and a pro-posed Constitutional Amend-ment will be passed upon.

Pae -sOF- Cllgeo-te awMach31 16

NEWIS BRIEFS HASTINGSCO-ED ONINTERNATIONAL

Justice MICHAEL A. MUSMANNO of the PennsylvaniaSupreme Court has accepted an invitation to testify for theprosecution in the Auschwitz trial that has been going on inFrankfort, West Germany, for about a year. Musmanno wasa judge at the intern ati*o nal war crimes trial in Nuerenbergand also testified in the ADOLPH EICHMANN trial inIsrael.

In Bonn, the WEST GERMAN BUNDESTAG (parliament)voted to extend the search for Nazi murderers until Jan. 1,1970. The vote touched off a government crisis. Two hoursafter the results were announced, justice minister EWALDBUCHER resigned. The bill now goes to the Bundesrat,which represents the states of the federal republic, where itwill be discussed April 9.

At SUBIC BAY, PHILIPPINES, a U.S. court-martialacquitted two American Marines accused of the fatal shoot-ing of a Filipino fisherman last Dec. 13. One of the Marineswas Cpl. Jessie A. Edwards, 22, of SEBASTOPOL, CALIF.It took the five-man military court only an hour and fiveminutes to reach the verdict. Last month a court-martialsentenced an American airman to three, years at hard laborfor the unpremeditated murder of a Filipino trespasser atClark Air Force Base.

NATIONALPresident Johnson met this month with FBI Director J.

Edgar Hoover and other top law enforcement officials toplan his promised campaign against crime and delinquency.Proposals include: FEDERAL TRAINING AID-grants orloans to states and communities to finance better trainingfor local police; ARSON-new laws to stop the arson-for-hire racket; REHABILITATION-more "halfway-houses" to*guide juvenile and adult offenders about to be released fromprison; BAIL-liberalized bonding procedures for indigentswho must remain in jail before trial; IMMUNITY-broaderimmunity to persons testifying in bankruptcy, fraud andother cases in .order to produce better witnesses.

Upgrading of law enforcement agencies represents thefirst priority in combating soaring crime rates, AssociateJustice TOM C. CLARK of the United States Supreme Courtsaid in a recent speech in St. Louis. The Justice suggestedthat renewed emphasis be placed on criminal law, assertingthat many law schools are failing to prepare graduates, inability and motivation, to practice criminal law.

ATTORNEY GENERAL KATZENBACH has submitteda bill to make it a federal crime to assassinate, kidnap orassault a president, vice president and others in line of suc-cession. It includes the president-elect and vice presidentelect. At present, states have the jurisdiction. The bill seeksto implement recommendations of the Warren Commission.

The State of MICHIGAN may file- suit- in the United

mental hospital;* Ruled that CONSCIENTIOUS. OBJECTORS do not

have to declare belief in a "supreme being" in a strictly re-ligious sense;

9 Declared defendants in criminal cases are not entitledto demand that the trial JURY OR JUROR ROLLS include aproportionate number of their particular race;

* Struck down a Louisiana requirement that VOTERREGISTRANTS be required to understand and interpret anysection of the state or federal constitutions;

* Agreed to review a decision upholding Virginia's POLLTAX as a requirement to vote in state and local elections;

e Reinstated a Justice Department suit that attackedMississippi VOTER QUALIFICATION and election pro-cedures;.

e. Unanimously struck down as unconstitutional Mary-land's MOVIE CENSORSHIP system, on grounds that theState's procedure violated the guaranteed right of freedomof expression;t

* Struck down a Texas constitutional provision allowingmembers of the ARMED FORCES TO VOTE only in thecounty in which they resided when they joined up;

* Upheld the constitutionality of a Maryland require-ment that to vote in a NATIONAL, ELECTION, citizens. musthave resided in a state for one year -and in their home coun-ties for six months;

* Let stand unchanged, a decision that school officialsmay use a pupil assignment. based on neighborhoods, eventhough RACIAL IMBALANCE results in classes;

*Refused to reconsider a Jan. 18 decision that it wouldnot review BILLIE SOL ESTES' federal conviction oncharges of consniracy and mail fraud;

* D~enied a hearing to Vito Genovese, alleged boss of theCOSA NOSTRA crime syndicate, and nine others seeking re-

-Continued on Page 3

THE STANDStatistics are interesting -

sometimes. There are thirty-oneco-eds at Hastings. The oldest isabout 40, t h e youngest about22. Some are married and someare not. This amount of statisti-cal information could be appli-cable to almost any male domi-nated p r of e ss io na 1 or tradeschool.

But, to find out what the girlsthink you must ask questions. So,we invaded the sanctum-sancto-rum of t h e girls' locker roomand asked over 51 % of the fe-male students to answer 13 ques-tions.

The male image of himselfwill suff er at the revelations ofthe answers., and so will the poli-cies of Hastings and its staff.

All of the girls are collegegraduates. Some have higher de-grees, most have done somegraduate work in liberal arts orscientific fields; a high percent-age have teaching experience atthe elementary school or collegelevels. All are distinctly femininein instincts and interest.Their common interest in lawseems to stem from the intellec-tual challenge; not from any de-sire to compete with the male.

The question all have beenasked by their male contempo-raries is, "Why are you studyinglaw?" The girls f eel that anyquick or concise answer givenin a casual conversation is boundto sound inane. But in the pri-vacy of the girls' room they re-veal their main reason.

The male student has precon-ceived answers to the questionand has been vociferous in voic-ing his guess. "You must be hereto get a husband-the odds aregood!" "You have masculine ag-gressive tendencies." "You wantto compete with men."

Little does the male studentrealize how little any of the

their husbands; the single girlsthought they had been influencedby n o w unremembered child-hood experiences that instilledthe intense desire for an educa-tion in the law in their bones.

"What do you do with yoursummers?" was answered by themarried girls saying they spendtheir time with their husbandsand children.' The single girlswork or travel.' Two are dealersin Nevada clubs. A few becomeathletes and spend their sum-mers' swimming and golfing, ten-nising or traveling. They are allindividualists in their leisurehours.

"What do you do during schoolf o r recreation or hobby '?"Answers to this question wereuncategorized in their individual-ity; they ranged from drinkingas a hobby to knitting, decorat-ing, painting, and hunting up oldancestors!

When asked, "What does yourhusband or boy friend think ofyour studying law?" two generalcategories of answers are thatthe husbands, first, are all for it,uncomplaining about the billsand the time taken for studying;the boy friends had some mis-givings, but in general approvedwith' reservations. The observa-tion being that, if they didn't

00

Hastings S kiersBow to Boalt-oers

On Saturday, February 14, and Sunday, February 15, thefirst annual Caveat Emptor tripartite ski meet was held atAlpine Meadows. Included at the meet were representativesfrom Hastings, Stanford and Boalt, all who took advantageof the special rates offered the competitors and their wivesor dates.

Twenty signed up for the highlight of the meet-theperilous downhill, race, which featured various obstacleswhich had to be negotiated over, under, around- and some-times through. Team scores were computed on the basis ofthe combined times for all the entrants of a particular team.

The winning team, with theapprove they wouldn't be boy lowest cumulative time, was thefriends. There were no problems Boalt Hall entry, with a total ofexcept with wives of the male 434.2 seconds. Hastings was see-student, or' wives in general. ond with 441.8, while StanfordThese wives,, it was felt, seem to ran a close third with 446.6 sec-be suspicious of the girl law stu- onds. One entrant, a Hastingsdent. student who shall be nameless,

Answers to, "Do you date the finished without his skis.fellows in school?" provided only Individually, the winner wasfew affirmatives and many ada- Tom Zuckerman, of Boalt, whosemant negatives. The composite time for the course was 2:01.00.negative answer went something Runners up were Roger Grist, oflike this: Most of the fellows Stanford, and Steve Swig, ofcan't keep up financially, in the Hastings.first place. They can't afford to Perpetual Trophytake a girl out. In addition, they The first place team wasdon't have it m a d e, so why awarded the Caveat Emptor Cupgamble by becoming friends with -a perpetual trophy that will bea student. The thought of "catch- awarded yearly to the winninging" a man is ridiculous; most team. Though reposing proudlyare still boys in attitude, per- at Boalt, it is hoped that the cupsonality, and finances. First year will find its way to Hastingsmale students are the worst be- after next year's meet.cause they are the most insecure The meet was a success; Al-and immature. pine Meadows was extremely co-

"Have you felt any prejudices operative in giving the discountfrom fellow students or profes- to the participants, and providedsors?" Contrary to popular be- publicity -coverage and photog-lief, none of the women stated raphy. After having helped tothat they felt any prejudice. A set up the race, the proprietorsgood percentage of those ques- of Alpine Meadows echoed thetioned said that the feeling by wish that this become an annualthe men' that the women were affair.competing with them was a mis-take. The' only competition waswith the books and examinations.

The question was asked, "Areyou interested in private practiceor industry?" Most female stu-dents feel that they will work forsome governmental agency for afew years. prior to going intopractice for thems elves.

"What branch of law?" broughtalmost as many different an-swers as "what hobbies." How-ever, predominate was the do-mestic relations field with t h earea of civil rights and aviationlaw as possibilities, but nothingdefinite until the hurdle of theBar Examination is passed.

"How many hours a week doyou study?" elucidated answerssuch as 7 hours a week to 40hours a week.

But the answer to "What areyour pet peeves?" brought the

-Continued on Page 3

EqualizerBoth experienced skiers and

novices took part in the race. Thegreat equalizer was a beer stop-a checkpoint where each partici-pant had to down a beer beforecontinuing. Presumably thoseswift on skis were not neces-sarily great at guzzling-or, atleast, were careful quaffers. Atany rate, the race was enjoyedby all, and many were eager torun the course a second time,only to be prevented by the lackof time. Ribbons were awardedto the individual winners, andrefreshments were served to allafter the race.

The promoters of the meetmet the costs of promotion andthe prizes. It is hoped that a sys-tem, whereby one of the partici-pating schools hosts the meet,can be developed to insure con-tinuity of the Caveat Emptorcompetition.

March 31..1965Hastings College. of the LawPaqe 2

.HASTINGSCO0=EDS ON Continued from Page 2

Prof. More u HasImpressive Record

The well-dressed, energetic gentleman the Hastings stu-dents see literally running upstairs or swiftly shufflingthrough the student-packed hallways is 72-year-old FrederichJ. Moreau. Professor Moreau, presently in his first year atHastings, is as physically fit as he is mentally nimble.

Professor Moreau, born in Wisconsin in 1893, beganteaching in a one ro om school house at the age of 17, prior tograduation from college. He taught for two years and wasprincipal for two more years while attending OshkoshNormal in Wisconsin, from which he graduated in 1916.

While attending the Universityof Wisconsin, he was principal tion to 'being both a Professorof a junior high school in Madi- and Dean of the Law School, heson. lie spent two years in the was an active member of manyNavy, and then returned to be- organizations, including th re ecome superintendent of th e fraternities, the Masons, theschool system while finishing American Bar Association, andcollege. Directly after receiving the Kansas Bar Association, irtohis Ph. B. (Bachclor of Philos- which he was admitted in 1952.ophy) at Wisconsin in 1922, he He was an authoi-ized arbitratorentered law school and, after for the National Ladies Garmentonly two years and three -sum- Works Union and on the Kansasmers,, he graduated with an Labor panel. He was also chair-LL.B. degrree. In 1935 he re- man of the Kansas State Examin-ceived his LL.M. from Columbia ing Commission Board, HearingUJniversity. Commissioner for the National

Professor Moreau passed the Production Authority (N.P.A.),Wisconsin State Bar in 1925 and and Compliance Commissioner inbegan practicing with the well- the 7th region of the War Pro-

know fim o Ricmon, Jck.duction Board (W.P.B.) in Worldman, Wilkie and Toebaas. In Waropiior hcsh.rteoe1927, at the University of Idaho, 8 pnoshe began teaching law. Two Still finding additional time,years later he went to the Uni- Professor .Moreau did most ofversity of Kansas, where he re- the work on the New Corpora-mained until 1963. Althougrh he tion Code of Kansas, publishedtaught the entii-e time he was at in 1939. He has been very activeKansas, he was appointed Dean in many hobbies, which he feelsof the Law School in 1937, a explains his endurance. Amongposition he held for twenty them are golf, tennis, handball,years. reading and studying Shake-

In the summer of 1955 Pi-ofes- speare, and French literature.sor Moreau taugrht as a visiting Professor Moreau was marriedProfessor at the San Juan Law to his very attractive wife,School in Puerto Rico. He was Jeanne McRae, in 1934. He hasagain honored in 1957 by being two sons, Fredrich and David.invited to teach as a visiting Pro- Prior to Hastings' fortune offessor at the University of Te- being honored by having Pro-heran in Iran. He taught corn- fessor Moreau on its faculty, heparative law and used his own taught one year at the Univer-

maeil,"Amenrica"n a n Eng- ityof Oreon. Now, in his firsqt

Pi-ofessor Mor-eau, along with fessor Moreau is kept busy writ-Volz and Thomas, wrote, Kansas ing the first supplement to hisPractice Methods, a two volume two volume book, Kansas Prac-work published in 1957. In addi- tice Methods.tion to his books, he has written Due- to Professor Moreau 's com-several editorials in the Kansas prehensive education, experience,Bar Journal, which he is given a n d legal knowledge, coupledcredit for maintaining, and the with his inexhaustible supply ofKansas Law Review, which he is energy and his good humor, thegiven cr-edit for starting. Many Voir Dire would like to join theof his articles are also found in rest of the student body in wel-the St. Louis Law Quarterly and coming him to the Hastings "65the ('olumbia Law Review. Club' and hope he will be with

Prof essor Moi-eau kept very us for many- years of legal in-busy while at Kansas, In addi- struction.

Continued from Page 2-most interesting answers. Almostwithout exception, t h e leadingpeeves were the cold buildingand the shabby way the physicalplant is maintained. There is analmost unaninious peeve againstthe administration policy of theoverwhelming w o r k load com-pared to other law schools, andthe policy of trying to "flunk"people out rather than help themstay in. The girls feel that onlythose should be admitted thatqualify, but every effort shouldbe made to help them stay oncethey are in.

Another major gripe is the lackof a study week before examina-tions. One girl pointed out thateven with Hastings' reputationfor fine professoi-s, ther-e must besomething wrong with the sys-tem. because only about 60% ofthe graduates passed t h e Barlast yeai- on the first try, whileat Boalt, with their more relaxedpace, a higher percentage passedthe last Bar.

The rudeness of the students toeach other ini class and school isanothei- major giipe. The girlsattribute this to immaturity andobserve t h a t the intensity ofrudeness diminishes in the sec-ond and third year-. But the lackof enforcing of class disciplineby the professors is thought tobe due to the age of the pro-fessoi-s and the fact that theymay be a little afraid of theyoung male students who may re-bel against any suggested disci-pline. The girls have the ideathat if a young male challengedone of the prof essors in any ai-eabut his own specialty that theolder man would b a c k down.This, they claim, is the reasonthe pr of essors ignore the rude-ness and lack of discipline intheir classes.

One gripe or peeve is the SutroLibrary. "No one," she says, "hastime to spend there. The moneycould be of more use elsewhere."

Nne of the unmarried girlsg

gent of the University of Cali-f ornia, is dead at 83.

An alumnus of both the Uni-,versity of California at Berke-ley and Hastings College of theLaw, Mr. Steinhart was a mem-ber of the Order of the Coif atHastings, and was admitted tothe bar in 1903. He founded thelaw firm of Steinhart, Goldberg,Fiegenbaum and Ladar, andworked at his Sutter Street lawoffice until the week he died.

Steinhart served as a regentduring the loyalty oath crisis atCal, and, in 1962, received anhonorary LL.D. from the Uni-versity for the "wisdom" that hedemonstrated during his twelveyears as a regent. He had alsobeen given an honorary doctor oflaws degree by USF. In Januaryof this year Steinhart was giventhe national Human RelationsAward at the American JewishCommittee, in recognition of hisyears of civic leadership.

Steinhart was past presidentof the Mt. Zion Hospital, andserved as Assistant City Attor-ney when demolition of Tele-graph Hill w as threatened.While in this office, Steinhartwas instrumental in gaining bet-ter transit at Market Street.

trial of narcotics charges on which they were convicted in1959 in New York;

* Decided a federal criminal defendant may be tried byjury, despite his -desire to waive a JURY TRIAL, if the gov-erment is opposed to a waiver.

CALIFORNIAThe CALIFORNIA SUPREME -COURT has tightened up

requirements for applying the DORADO CASE. In a recentopinion in the Stewart case, the- Court set up a stiff test be-fore the Dorado case would apply. The suspect's right to be.told that he is entitled to counsel or to remain silent appliesonly after he has been arrested and the officers attempt to.extract from him -incriminating statements, the opinion said,.

California Attorney General THOMAS LYNCH termed.the Stewart opinion as a "helpful modification of the Doradorule." But Lynch still feels that under the Dorado case-"literally thousands of prison inmates" could be set free ona retroactive basis. Lynch has asked the U.S. Supreme Courtto review the State Supreme Court decision in the Doradocase.

A San Francisco Municipal Court and a Los AngelesSuperior Court have upheld PROPOSITION 14 this mo-nth.Presiding Municipal Judge Robert Drewes dismissed threecomplaints in which Negroes sued landlords for refusal torent on the basis of race and color. Superior Court JudgeMartin Katz ruled that owners of a West Los Angeles apart-ment house could legally refuse to rent an apartment to Dr.Thomas R. Peyton, a Negro physician. Both decisions will beappealed.

Legislation designed to upgrade California's educationalstandards for taking STATE BAR EXAMINATIONS is in theoffing. The State Senate Judiciary Committee based this con-clusion upon a statistical- report of the California Bar Ex-aminers, which pointed up the fact that instead of gradua-tion from an accredited law school, an applicant can takefour years of study in an unaccredited law school, a cor-respondence school, law office, or a judge's chambers. It ispossible to take the Bar examination "without one hour .of'formal education, and without attending law school of anykind." By comparison, 28 other states accept only study froman approved law school. Twenty states accept study in ajudge's chamber or a law office. Only California and Mon-tana accept correspondence study.

-1The California Assembly voted to reconsider its earlieraction to increase SMALL CLAIMS COURT limits to $300.The decision to reopen arguments on enabling legislationcame after the lower house by 41 to 25 approved a Senatemeasure to up the limit to $100.

Supreme Court Justice MARSHALL F. McCOMB was the-featured speaker of the San Diego County Bar Associationthis month. Justice McComb spoke on "Justice David S.

*EDUCATION of community leaders, public agencies,civic groups, and the general public on the problems involvedin the present bail system.

Lynch explained that bail procedures should' be realignedto: reduce the cost of maintaining a prisoner in jail; free atleast- part o f the custodial force for other police duties; keepthe accused on the job and f unctioning as a productive cit-izen pending trial; and keep his family off welfare and theaccused off the public defender's roll, thereby reducing thetax burden.

LOCALBerkeley Municipal Court Judge Rupert Crittenden has

set up April 1 as the MASS-TRIAL DATE for 162 Universityof California demonstrators arrested at the Sproul Hall sit-in in December. The cases of 418 others who have waiv.edjury trials were set over to April 20. Among those who willappear before Judge Crittenden on April 1 are many of theFREE SPEECH MOVEMENT'S leaders, including MarioSavio, Art Goldberg, Jack Weinberg, and Michael Rossman.

Nine young men accused in the U.C. DIRTY WORDEPISODE will have their trial April 20 before BerkeleyMunicipal Judge Floyd Talbott. They entered not guilty pleasthis month to the charge of offending public morals andwaived the right of trial by jury. Three are Cal students.

San Francisco Municipal judges will "take a closer look atthe problem of stepped up PROSTITUTION IN SAN FRAN-CISCO and impose a more strenuous sentence depending onthe circumstances of each case and the prior record, if any,of each defendant." Prostitutes from all over the countryhave been "floating" to San Francisco recently, drawn inpart by the low record of convictions and minor fines ii-posed by the municipal courts here,

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Page 3March 31, 1965 Hastings College of the Law

Pacue 4 Uasdhngs College of Whe Law March 31, 1965

DIIA PECULDAR PHENOMENON*

Apall of fear hangs heavy at H-astings. Anxious studentsconfer in truncated whispers passing the latest omen of illr-eputedly emanating from the Administration office. Eachtale is more sordid than the last-and each becomes moreoutrageous with every telling.

The rumors act on the latent fears of the students, creat-ing an atmosphere which is probably unique among the Na-tion's law schools. The demanding academic standards, thelaek of cumulative grade computation, and the last barresults combine to produce fertile ground for the swift pro-liferation of tall tales.

That such an atmosphaf-,re is unhealthy needs no retelling.The fear engendeied by doubt blooms into indignation. Thisattitude, formed while at Hastings, spreads into the ranks ofalumni with each succeeding year.

It is particularly heartening, therefore, to see that some-thing is being done to better this unhappy state of affairs.Dean Sammis has agreed, at the invitation of the class, toappear before 1I A in order to answer questions on adminis-tr-ative policies. He has expi-essed his willingness to appearbefore other classes, on invitation, in order to improve coin-miunication between the Dean's office and the student body.With the true info-rmation available, the potency of therumors-and perhaps their very existence-will be curtailed.

The Dean's appearance could be the first step toward re-moving this debilitating fear-the progeny of the illicit re-lations between rumor and doubt. We hope it is. -E.J.F.

CHANG-ING OF THE GUARDWith this issue we have announced the appointments of

the new management of the Voir Dire. This time of transi-tion is also a time of reflection-a glance with the indescrib-able advantage of hindsight at the progress of the paperduring this year.

The first changyes are apparent. The entire staff of Vol-ume four has contributed to create a medium of expressionunique at Hastings. There has developed, in the monthsthat have passed, a comprehensive forum-one which pre-sents both the scholarly and the light, the serious and thesatirical. To accomplish this, the size of the paper has in-creased threefold.

This has had advantages other than aesthetic. One per-son wurote that the quality of the papeor lended "weight to

The itstEings

Voii irEDITOR-IN-CHIEF

Eric J. Fygi

MANAGING EDITORNoel Engel

N~ews EditorDavid PantojaFeature EditorSteve Burtnett

Book Review EditorVic Winkel

Businiess AManagerKenneth Wilson

Circulation ManagerJames Racusin

Faculty A dvisyerProfessor George Osborne

Writers

Mike MillerBill Sc-ottTom Mix

Gary

PhIl SteinbockBill Lohse

Barbara DavisRandall

The Hastings Voir Dire is published six times the yearby the Associated Students of Hastings College of the Law,Permission is granted to reprint any article or column herein,provided that credit is given both the author and the VoirDire. Editorial Offices are at 198 McAllister Street, SanFrancisco, California.

The Voir Dire is printed by the Garrett Pi's.

The white flag of nego-tiation is being raised 'bymany intelligent and emi-nent citizens of our countryin regard to Viet Nam. Sen-ators Church, McGovern, andMorse deliver statelyspeeches, professors by thescore put ads in newspaperspraying for peace, the ADAcries for talks, and the usualanimal parade of pickets puton their side shows at thefederal buildings.

On the other side the "war-hawks" squawk and -grindtheir talons-wanting a pieceof Peking. A stray rumor ofa bird colonel saying, "TurnSAC loose and make China asea of butter," circulates inthe Pentagon.

Richard Nixon states, "Ne-gEotiation is appeasement onthe installment plan-" WalterLippmann talks of overexten-sion of American power andstates that a negotiated with-drawal is the only sane po1-icy in Viet Nam. Who isright, the politician or thepundit?

The politician is, for threebasic reasons.

First, there is nothingr toniegotiate. A negotiated set-tlement was reached in Ge-neva in 1954 which Hianoihas violated from its incep-tion. The White Paper andvarious reports from corres-nondents such as MargueriteHiggfins give ample Droof ofthe heavy arms shipmentsfrom Hanoi and the actualViet Minh battalions now incombat in South Viet Nam.Such evidence should con-elusively diispel the myth thatthe conflio ct s nly ancivil

master the art of counter-insurgency warfare the nextdecade will see "national lib-eration" fronts inflame everyvulnerable u n d e rdevelopedAsian, African, and SouthAmerican nation. In Koreathe United States and theUnited Nations taught theNorth Koreans and the RedChinese that overt aggressionwould not go unchallenged.In Viet Nam today we areconfronted with a more

subtle, more insidious butequally deadly covert impe-rialism disguised as a "Peo-ple's war." The end is thesame, w orlId communism,only the means have beenchanged since 19-50. In VietNam we must demonstrate toPeking and the world thatwe have the ability to trans-late our military power witha resiliency suitable to anychallenge. ranging from amass nuclear exchange to aman-to-man form of junglecombat. Only by developingsuch military versatility canthe United States cope withthe chameleon-like expan-sionism of comm unist aggres-sion.

IThird. those who cry forneaotiation completely mis-understand the doctrines ofcommunism. C on tr a ryvtowhat professors say, thosewho are oroosed to negotia-tion at this time do not havethe "devil-conspiracy" theoryof communism and the woi !d.The essence of communismis that it is a revolutionarycreed. So. in nroo~osinr' nego-tiation with Hanoi or Peking,we must dwell on the p)ara-mount fact that we are deal-

ing~~~ wih a-eoltonr

LETTERSTO HE

EDITORKUDOS

University of CaliforniaH4astings College of the Law

Sir:

Although I do not pretend to

any expertness in the art of

journalism, I would like to say

that I cannot recall having seen

any students' publication which

has impressed me so favorably as

the latest isue of the 'oir Dire,The issue displays, it seems to

me. an admirable breadth of ]In-terest on the par-t of the editors,,

and at the same time an uinuisual

faculty ot selecting for (discus-

sion, topics which have ca special

appeal to your circle of readers,Articles such as the comprehen-sive survey of the miembei s ofthe California Supreme Couirt.show a commendable selectivity-,within the oveirall topic, of pointsvwhich hold the reader's attentionto the end of the articles. The Is-sue indicates a lhoi ouch poxx ciof imagination, as well as patins-taking research, which are notalways encountered in literarylroductions of non-professional.writers.

May I be permitted to makean observation which. is riotmieant to deiogate from the fore-gsoing, opinion? The remark ofthe great first Chief Justice.quoted on page 6, Commendingthe replacement of the power ofdiscretion by inflexible rules,pointed out, unquestionably- oneof the primary problems of la-w.When Chief Justice Hastingswrote, more than a hundiedyears ago, it may have been that

the process. A communistpower is revolutionary p~re-cisely because it rejects anyidea of legalism. The pur-pose of a revolutionai ypower is to subvert and over-turn the legal existing order,not to cooperate within itslimits. The idea of revolu-tion itself negates any goodf aith participation in thelegal process as a means ofchange or accommodation.Lenin stated the classic com-munist approach to diplo-macy, "Promises are like niecrusts, made to be broken."The recent "negotiated set-tlement" in Laos evidencescontinuing communist adher-ence to that rule. The latestreport states that the Com-munist Pathet Lao now con-trol two-thirds of Laos. 'Yetthere are still those in the,western world wA ho consist-ently view the communists asmisunderstood 1 e g i t i m istsand impute to Hanoi and Pe-king the same r-easonablemodus vivendi. on w hich ourcivilization functions. Thatis the crucial error in theirthought. Those w ho seek toapply the legal. method in arevolutionary situation risktheir own destruction,

PHI. SPEC TI/il

Mastings College of the, Law March 31, 1965Page 4

March 31, 1965 Hastings College of the Law Page 5

Supreme Court of CaliforniaState Building, San Francisco

Sir:Thank you for the copy of the

latest issue of the Hastings VoirDire. The article on the SupremeCourt was most interesting.

Sincerely,

Mathew 0. TobrinerAssociate Justice of

California

Supreme Court of CaliforniaState Building, San Francisco

Sir:

Thank you for your thoughtful-ness in sending me the latestissue of the Voir Dire featuringthe California Supreme Court. Iam delighted to have it.

With kindest personal regardsand best wishes,

Cordially,Marshall F. McCombAssociate Justice of

California

Supreme Court of CaliforniaState Building, San Francisco

Sir:

The article on the CaliforniaSupreme Court was most inter-esting and informative. Thankyou for sending a copy for myperusal and also for the finebiographical sketches.

Sincerely,

Louis H. BurkeAssociate Justice of

California

Supreme Court of theUnited States

Washington, D.C.Sir:

Thank you for sending me acopy of the Hastings Voir Dire,containing an article on the Cali-

Dear Dean Sammis:In today's mail, we received a

copy of the Voir Dire . . . Thearticle on the front page concern-

ing the Traffic Court Conferencewas very well done and we hopethat Mr. Fygi and David Pantojacan know of our appreciation forthis coverage given for the stu-dents of Hastings.

Sincerely,James P. EconomosDirector, Traffic Court

Program

University of California,Berkeley

School of Law (Boalt Hall)

Sir:

it is a rare occasion on whicha reader feels impelled immedi-ately to congratulate the author.But when I was studying theFebruary 27, 1965, issue of yourpublication, I thought that I musttell you how much I enjoyed itand congratulate you on this fineachievement.

Cordially,Albert A. EhrenzweigProfessor of Law

University of CaliforniaHastings College of the Law

Sir:

I join your other readers incongratulating you and your staffupon the excellent issue distrib-uted last month. Despite previ-ous good intentions, no time be-came available to fully digestyour efforts until last Friday.Your efforts added immeasur-ably to the pleasure of my after-noon, and I concur with Profes-sor Newman-this latest issue ofthe Voir Dire is the best law stu-dent publication I -have seen.Keep up the good work.

The quality of the entire paperlends weight to your editorialcomment. Your views regardingthe Bar Examination are novel.You may be interested in someother such views regarding barexaminations expressed by Pro-fessor George Stevens, who willbe here starting in June. You

prove of such a practice.2. Most students do not take

part or do not admit taking partin that practice.

3. From a sampling of gradu-ates of a number of U.C. andstate college campuses, onlythose from Berkeley were famil-iar with such a practice and at-tempted to defend it as accept-able behavior.

it is hard to imagine a morecowardly form of expression. Ahiss can be uttered while thehisser preserves his security ofanonymity. In practice it isstarted by one or two people,very softly, and is stopped im-mediately if not picked up bythe "crowd."

'Such rudeness applied indis-criminately to faculty, fellowstudents, elected student repre-sentatives, and visiting speakersin classes and other meetings, isappalling to one not accustomedto such manners.

Sincerely,

William D. ScottPhilip M. SavageR. S. ShelburnePhil NeffI-c

Sir:

Your article entitled "Perspec-tive" of February 27, 1965, ismost distressing. A law schoolnewspaper has a responsibility toits readers to present intelligentanalyses of the problems withwhich it deals. This article fallswoefully short of the mark.

There are constructive reasonson both sides of the question ofa negotiated settlement in South-east Asia. Yet the writer hasjumped on a journalistic band-wagon of emotional nonsense.It is appropriate that the cartoonabove this article shows a pic-ture of a men's room stall-itmakes one wonder where the"perspective" of the writer was

touann Tfa vx probemitai pain-

readers" is to stimulate. Judging byyour comments, we have succeeded.Our columnists are given great lati-tude, and their views are not neces-sarily those of the Voir 'Dire. Ed.

LETTERS TO THE EDITOR

Smokeball, Inc., to wit: That any- Will bought a house of ill reputeone buying such smokeball and And sought to enforce the sale;using same, if they c ontracted The court said it was bona fide;poison oak, should be given two Will took an estate in tail.stone of free bacon.

Mines. Gribbins did so. a n d Upon the hills on Willy's farmsued. Will planted cactus on every

Defendant nonsuited at close hand;of pleadings. Creditors who slipped were sad

WILLY, J.: Nonsuit for plain- They'd had a lean on Willy'stiff , pleadings clearly herein land.

t lb 1 26 1 4 #'~

f sly U i 1 .W,5'1

POET LAUREATE'ISWORK(?) FOUND

EDITOR'S NOTEThe Voir Dire has been accused of harboring a satirical

columnist who is no successor to Jonathan Swift. We now pre-sent a poet who is no successor to William Wordsworth.

By 'LEAL GRU PP

A SHORT INTRODUCTION AND DEDICATIONIt is invariable I have found-a veritable kismet-that

within a short period of time of examining the life and timesof that most celebrated lawyer and jurist, Wily, the initiatewill ask, "Why bother?" The answer, of course, is the nobletradition. For the faltering initiate, therefore, as- well as theuninitiated, I have compiled a short series of the ballads ofthe time of Our Hero, as well as a few of the authentic casenotes taken by the clerk of His Court.

A dedication? Most certainly.To a namesake of Willy's. To showing aunt-itch and porkyWilliam Berger, interestingly breach.enough a medical student, whostill finds the burning dedication Willy stole and ate a book;in his own breast to search the The judges searched the massmind and works of the original Of evidence, concluding thatWilly. By way of example of his The title did not pass.brilliant study: At a recent gath-ering at the author's house, And furthermore was Willycomprised mainly of law stu- chargeddents, by way of amusement we With having lied and cheated,were dabbling in the Black Arts The judges finding that the bookas described in certain ancient Was fradulently secreted.and forbidden volumes. Wonder-ing which demon we should at- So Willy was most cruellytempt to conjure forth, Mr. Ber- punished;ger quickly resolved the problem The judges said 'twas sillyby suggesting that the nature of To let him of and so they reallythe company surely demanded Threw the bobk at Willy.that we try to raise Baal.

Let us begin. SCROPULOS v. KOPOLUPULIS(1418) (Common Pleas)

Will took out a convict's girl, Contract alleged. Defendant asThe con bemoaned his fate, pleaded advertised a reward forThat he should serve a term anyone who would travel to

while Will Greece and hold a sacrificial feastShould take a lifer's date. for a deceased ancestor. Plaintiff

alleged compliance. DefendantWilly jumped from off a bridge answered alleging that the an-And tried to join his Saviour; cestor was King Gropulos andHe lived and was convicted for that the occasion was of such im:-His in descent behaviour, port that it were implied that de-

fedNt-1 should1be1Ake1 aon

-Page 5March 31, 1965 Hastings College of the Law

Page6 Hstins Cllee oftheLawMarch 31, 1965

LEGAL LANVDMARKCS..

Dominating San Francisco's Civic Center -is the City Hall at VanNess Avenue, Polk, McAllister and Grove Streets. Housed underthe gold-embellished dome, is the San Francisco City Attorney'sOffice, the Criminal Division of the Hall of Justice, the chambers

Located one short block from Hastings, the California State Build-ing contains the offices of the Attorney General and other StateBoards and officials, the California Supreme Court, the DistrictCourt of Appeal for the First Appellate District, the Public Utilities

of the San Francisco Juvenile, Municipal and Superior Courts, theSan Francisco District Attorney's Office, and the San FranciscoLaw Library, founded in I1869, which contains over I180,000 volumes.

Commission, the Industrial Accident Commission, the State JudicialCouncil and Judicial Qualifications Commission, and the JusticeDepartment.

Page 6 nastings College of the Law

March 31, 1965 Hastings College of the Law Pago 7

...NEAR

Located two blocks distant is the United States Fed-eral Building, housing the U. S. District Court, officesof the Deputy Attorney General and other Federaljudicial offices, as well as the recently created Fed-eral Criminal Defender's Office, the first of its kindin the nation.

Located 'in the heartbeat of San Francisco~ s legalcommunity, stands Hastings College of the Law. Byits proximity to many of the State's foremost legalestablishments, the opportunity for the study of lawand the direct observation of its practices, affordedto the students of Hastings, is unexcelled among citylaw schools.

H4A STINtiG S

Behind the War Memorial Opera House may be seen-the dome of the San Francisco City Hall, generallyconceded to be one of the world's most beautiful CityHall structures. The gold-emb~ellished dome rises 308feet above the ground level, or 16 feet, 2 and 5/8inches higher than the National Capitol Building inWashington. D. C.

The United States Court of Appeals for the NnthCircuit holds its sessions in the San Francisco PostOffice, within a few blocks of the College. JudgeJ. Warren Madden of the Hastings' faculty has hisoffices in this building.

March 31, 1965 Page 7Hastings College of the Law

a easlVs C%0 %rf he aCMarh 1,=96

L.A TRAFF11,1kIC COU:: j RBy HON. HECTOR BAIDA, Jud~e, Santa Monica Mun. Court

THE CENTRAL INDEX SYSTEM

The existing Los Angeles Central Traffic Index System came into beingwithout legislative or other legal authority.

Personnel and Participants

The Clerk of the Los Angeles Municipal Court is in charge of the indexsystem, the remainder of the clerical personnel are on the payroll of theCity of Los Angeles and remaining expenses are borne by the City andCounty of Los Angeles. Only 14 of the 23 municipal courts in Los Angeleswere fully participating in the index system, according to the Report ofJudge Joseph Sprankle, dated June 10, 1964. This report further statesthat 5 of the 9 non-participating courts send, their court copies of the cita-tion to the Central Index but fail to collect the $5.00 additional ball as re-quired by the Countywide Uniform Bail Schedule adopted November 9,1963.

The Operation

The traffic record of the accused furnished to the participating courts islimited to prior unadjudicated citations as distinguished from prior convic-tions. The 13 outlying courts send their court copy of each citation (an offi-cial record) to the Clerk of the Los Angeles Municipal Court where underhis supervision the dates of prior citations and the number which indicatesthe Vehicle Code section the defendant has been charged with violating areendorsed on the reverse side of the citation being processed. The processedcitations are then returned to the court of origin. After adjudication thosecitations make a second trip to Los Angeles. If the judgment be guilty theClerk of the Los Angeles Court, on behalf of the clerk of the outlying court,prepares an abstract of the judgment of the outlying court and forwardssame to the Department of Motor Vehicles. If the citation is dismissed orthe defendant be found not guilty, the record of that citation is removed. In-formation pertaining to such dismissal or acquittal is not conveyed to anycourt wherein that citation has been noted as a prior violation on that court'spermanent copy.

IThe operation of the Central Index System deprives the accused of hisliberty and property without due process of law in violation of Art. I, Sec.13 of the Constitution of the State of California and the 14th Amendment tothe Constitution of the United States of America.

Due Process

The use of prior citations rather than prior convictions as the basis for-either increased bail or more severe punishment results in a double sin. Itpunishes the innocent as well as the guilty. As to the guilty, the punishmentmay be imposed prior to the adjudication of guilt, iLe., while the presump-tion of innocense is still in existence. This prejudging of the accused is asrepugnant to -our concept of the administration of justice as is the punish-ment of those who may later be found not guilty. As to the latter, the Reportof the Committee referred to in the previous footnote, at page 3, states:

"The result is that a small percentage of the prior records re-,ported by Central Index includes citations for which the de-fendant has been, or may later be found not guilty, and whichpeVrcet n ll" WnTl~i-h laier mufn nnni

"The manner and extent to which the reports of prior viola-tions by Central Index may properly be used in s entencing isof course a matter for each judge to decide..."The Committee does however recommend that Central Indexbe continued so that such information is made available tojudges for such use as each judge sees fit." (Emphasis added.)

Usurpation of Executive Functions Causes Breakdownin Law Enforcement

The next following quotations are from material furnished those inattendance at the Regional Traffic Court Conference of the American BarAssociation recently held in San Francisco.. In the Traffic Institute pam-phlet Stock No. 2173, at page 1, it says:

"The proper presentation and disposition of traffic cases re-quires the coordinated effort of three separate public officials.These are: (1) the police who detect violations, gather evi-dence to justify prosecution therefor, and to bring such evi-dence before the court so that the truth may be established;(2) the prosecutor, whose duty it is to see that the evidence isproperly presented to the court; and (3) the judge, who mustpreside over the court, hear the evidence, determine the factsand make a just and proper determination of the case."

At page 11:"In court the prosecutor should prosecute! He should read the

FIREcomplaint, emphasizing that it is made on behalf of the people,whom he represents. The judge is not prosecuting on behalfof the people. He is of the judiciary, while the prosecutor andpolice represent the executive branch of government. At thislevel of government in operation, it is highly essential thatthese distinctions be emphasized."

In pamphlet No. 2155, at page 6, it states that the prosecutor can and shoulddo the following:

"5. Eliminate all extraneous duties which burden traffic courtsso the judge may concentrate on determining the issues of thecase presented. For example, he should get the, defendant'sprior traffic record, if any, and make it available to the court."

James P. Economos, Director of the Traffic Court Program sponsored bythe American Bar Association, On "Effective Traffic Court Penalties," atpage 556 of the Traffic Quarterly, October 1961, said:

"In addition to the foregoing analysis, the judge should besupplied by either the prosecutor or enforcement agency withthe prior record of the defendant."

It is the duty of the police to gather evidence and it is the duty of theprosecutor to present that evidence to the court. It therefore follows thatany central index of traffic convictions should be under the control of theexecutive department of government. And this is, true as to all criminaloffenses. It is from the defendant's previous driving record kept by theDepartment of Motor Vehicles that the prosecutor should. obtain his informa-tion as to prior convictions and when it is proper to do so, plead and provethe same. In so doing full effect will be given to Vehicle Code Section 42001providing the following penalties where prior convictions were had withina period of one year:

1st offense-$50.00 or 5 days2nd offense-$100.00 or 10 days, or both3rd offense-$500.00 or 180 days, or both

Under the present index system, insofar as the foregoing first offensepenalty limitation is concerned, all citations must be treated as first of-fenses regardless of the number of prior citations shown. When this is aproper penalty there is no problem. But take the case of a defendant whohas two or three convictions for exceeding the posted speed limit from 25to 35 miles per hour. Section 42001 was intended, to, reach this type of ex-tremely dangerous driver by the imposition of greater penalties. To theextent that the Central Index thwarts the purpose of this statute there is abreakdown in law enforcement.

Violations of Statutes

In addition tol the foregoing, the operation of the Central Index Systemviolates the following statutes:

A. Government Code Section 6200, a felony, is violated in two respects.First, when the clerk of an outlying court sends the court's copy of a cita-tion (an official record) to 'the clerk at Los Angeles there is a "removal" of

a pbIc ecr.-eonly1e2heerkII I -I-At Los Angeles notes_ the prior-- __ -

at the penalty trial, i.e., evidence in aggravation or mitigation of punish-ment. This is discussed in paragraph (2) at page 10 hereof.

D. Vehicle Code Section 40513 allows the defendant to, plead guilty to''an exact and legible duplicate copy of the notice (citation) when filed withthe magistrate." After the notation of the prior citation has been placed onthe reverse side of. the citation to which the defendant desires to pleadguilty, that citation is no longer "an exact . .. copy of the notice (citation)when filed with the magistrate."

E. Vehicle Code Section 40513 permits the defendant to waive the filingof a formal complaint, enter a plea of not guilty and stand trial with thecourt's permanent copy of the citation taking the place of the formal com-plaint. Under the Los Angeles system where the notation of a prior citationis made upon the reverse side of the court's permanent copy, this informa-tion as to priors "is made available to judges for such use as, each judge seesfit." Each defendant so tried generally would have no knowledge of the ex-istence of the information of the citation or that such information has beenmade available to the judges "for such use as each judge sees fit."

In view of the fact that the trial judge invited and procured the hearsayevidence as to priors in both the above D and E, such evidence will notcome within-the rule of People v. Lichen (1963), 59 Cal. 2d. 587, 588, that:

"Trial judges often read newspapers, hear radio reports, oreven overhear -conversations or receive unwelcome letter's con-

Continued on Page 9

March 31, 1965Hastings College of the LawPaae 8I

M~ch 31, 1965 UIasiing~ College 01 the Law Page 9

frl ned(om. Page 8-

tamning statements relative to a case they are hearing; but ifthey are qualified for their office, they disregard all suchstatements insofar as evidentiary consideration is concerned.

"The trial judge is as capable of disregarding these facts as heis of disregarding irrelevant evidence to which he has sus-tainled objections, or has struck from the record, in a trial tothe court wvithout a jury."

Extra-Curricular Activity

As mentioned in "2. The Operation," abstracts of judgments renderedby the outlying participating courts are prepared by the clerk of the LosA ,ngeles Court and are by him sent to the Department of Motor Vehiclesfor the purpose of becoming a part of its records. There is nothing in Gov-ernm~ient Code Section 72050 to 72053, inclusive, that remotely suggests thatthe clerk of one municipal court may7 issue abstracts of judgment renderedby another court. This raises a serious question as to the validity of suchabstracts of judgment now on file with the Department of Motor Vehicles.Certainlv they do not come within the presumption that "an official dutyhas been regularly perf ormed. " (Code Civ. Proc. 1963, 14.)

USURPATION OF LEGISLATIVE FUNCTIONS

On May 6, 1963, the Central Index System came into being at the insti-gfationi of certain members of the judicial department without constitutional,legislative or other recognized authority.

The Municipal Court Judges' Association of Los Angeles County has onthree occasions attempted the legitimation of the index system.

Adoption of Countywide Bail Schedule

On November 9. 1963,1 it adopted the Uniform Countywide Bail ScheduleProviding for a $5.00 increase of bail for each prior citation disclosed bythe index system. This, if legal. would have required all municipal courts toparticipate in the system and to comply w~ith the bail schedule. (Pen. CodeSec. 1269b.) At the same meeting the "Memorandum on Admissibility ofReports of Prior Citations" was referred to the Committee on Legislationfor study and possible legislative action."

Legislative Committee Report and Resolution

"It also iecommends that the legal base and foundation ofCentral Index be strengthened and improved by its beingofficially approved, adopted and sanctioned by the Associationpursuant to its statutory power (Government Code Section72621).

and that

"NOW THEREFORE, pursuant to the authority vested in saidAssociation by Section 72621 of the Government Code, be itResolved that there is established and shall hereafter be main-tained in the city of Los Angeles a Central Traffic ViolationsIndex consisting of a digest record of traffic offenses filed inthose miunicipal courts of Los Angeles County participating inits operation, which index system shall be operated under theimmediate supervision of the Clerk of the Municipal Court,Los Angeles Judicial District, and'BE IT FURTHER RESOLVED, that each and every clerk,

deputy clerk, and employee of each participating municipalcourt, w~hose assigned duties include any of the followingactions, is hereby authorized to transmit to, return from, andto receive from said index such traffic citations, papers and,ecords as are proper and necessary to the efficient operationof said sysotem-, and to prepare from and to endorse upon saidcitations, papers and records such suitable information andniotations as may be required by law or ordered by the judgesof said participating courts for their administration of justice.Such authority shall include the drafting and transmittal tothe Department of Motor Vehicles of abstracts of court recordsas directed by Section 1803 of the Vehicle Code."

T"he report vas approved and the resolution adopted by the association onJune 17, 1964.)

Previously we have witnessed the usurpation of executive authority andnow the above demonstrates an attempt to usurp legislative authority. Thatthe ,Judiciary can in effect establish wvNhat amounts to stop-gap legislation tomaiRntain or strengthen and improve "the legal base and foundation ofKlentrjal lnidex" until such time as the Legislature will ratify and declare

Hon. Hector Baida

same valid is the type of judicial legislation that will find no support inrecorded decisions.

Proposed Legislation

On January 28, 1965, the Judges' Association adopted three resolutionsproposinE4 legislation designed to clothe the Index System with some sec-blance of legality.

(1) Assembly Bill No. 1200The first of these is that Section 72623 be added to the Government Code

providing in part as follows:"By majority vote the Judges of the Munici-aal Courts estab-lished in Los Angeles County, may establish and maintain acentral traffic index for the purpose of mutually preservingrecords and supplying information; regarding traffic cita-tions."Particination in the program of the Central Traffic Indexsystem shall be optional with each municipal court within theCounty."Acts of particin~atinif courts prior to the effective date of thissection in substantial compliance with the provisions of thissection are hereby ratified and declared valid."

it is a s .ad commentary for an association of judges to now ask for legis-lative authority to "establish" a central traffic index which had been estab-lished and in operation since May 6, 1963. Particularly when the need forproper legislation was called to the attention of the chairman in charge ofthe project as early as January 18, 1963. The "purpose of mutually preserv-ing records and supplyinq information" mean the continuation of the pres-ent system of renortinq prior citations.

The optional particip~ation in index sy1stem is aDnarently designed tofollow the concept that the judeves should use the information providedby the system "as each Wude sees fit."

The ratification provisions are meaningless and surplusage unless we,first a ,gree that the acts (excessive hail collected and excessive penaltiesimposed) were unauthorized and illeaal and that these acts. dating back toMay 6. 1963. become transformed from illegal into legal transactions whenratified by the Leeislature.

The nronosed bill also states:"If authorized by the particinating court. the central trafficindex shall prepare and certify abstracts of records to the De-nartment of Motor Vehicles pursuant to Section 1803 of theVehicle Code."

This has been done since May 6, 1963, and it is another example of thedo it first and hope to obtain legislative authority later philosophy.

(2) Amendment to Penal Code 1204The second -proposal to amend Penal Code Section 1204, adopted in

1872 and which is appulicable to all misdemeanor cases. Of course, the Cnl-tral Traffic Index violates the intent, letter and spirit of that section. Thepertinent nart of that section is:

"The circumstances must be presented by the testimony ofwitnesses examined in open court... No affidavit or testi-mony or representation of any kind, verbal or w ritten, can beoffered to or received by the court, or a judcee thereof, in ag-eravation or mitigation of punishment. except .. ." (Exceptions

'March 31,1965 imiluslastings College. of the 1--aw Page 9

Hastings College of the Law March 31, 1965

M Id I ourt Judge

Continued from Page 9-

The author of this amendment found it necessary to emasculate Section1204 ab it relates to all misdemeanors, including those providing for a$1,000.00 fine or 1 year in jail, in his attempt to effect a legitimation ofthe Central Traffic Index. This would allow. the court to receive the mostrancid type of gossip and hearsay (apparently outside the presence of de-fendant and from any source.) When. defendant appears before the court,the defendant "must be informed thereof with opportunity to explain ordefend in open. court." Thus while the court may receive "information" inaggravation of punishment that may originate in or out of court and fromany and all sources, the defendant is required "to explain or defend" h-im-self against such fuzzy accusations ."in open court." This is the most viciousand unnecessary of the three pieces of proposed legislation.

As to the effect of Section 1204, it was said in People v. Neal (1950), 97Cal. App. 2d 668, 676:

"In this state the statute prescribes the rules of evidence ap-plicable to the manner in which a judge may obtain informa--tion to guide him in the imposition of sentence upon an al-ready convicted defendant. Penal Code Section 1204 pre-scribes the evidence that may be received in aggravation ormitigation of the punishment to be imposed."

Obviously statutes amended or adopted subsequent to 1872 to the extentthat they modify or alter those rules of evidence will prevail over PenalCode Section 1204. Provided, of course, that such legislation meets the"scrupulous fairness to defendant" test set forth in People v. Neal at page676. Examples: Penal Code Section 1203, amended 1903; Vehicle Code Sec-tion 40806; Code of Civil Procedure Sections 1920, 1920A, 1920B, 1953F,1998, 1998.1 and 1998.2. Also see Judicial Council Twentieth Biennial Re-port, page 3.

Furthermore, the emasculation of Section 1204 in and of itself, will notaccomplish the resolution's purpose, for the index system will continue toviolate several statutes earlier discussed under the heading, "5. Violationsof Statutes."

(3) Assembly Bill No. 1049The Judicial Council, based upon a study prepared by Mr. Donald Rosen-

berg. Research Attorney for the Administrative Office of California courts,recommended that Section 41500 be added to the Vehicle Code, to read:,

"(a) In sentencing a defendant charged with a violation of thiscode or any other statute or ordinance relating to the opera-tion of vehicles, the court may consider reports concerning thedefendant's previous driving record obtained from court rec-ords of any court of this state or from the Department ofMotor Vehicles. The court shall inform the defendant of the

reprtsconideed nd the informatin contained therein.

state or from the bepartment of Motor Vehicles." The ambiguity of thislanguage plus the study involved strongly suggests that the proposed statuteis tailored to fit the Central Index System. For instance:

(a) The opening words "In sentencing a defendant" would appear tolimit the use of the "previous driving record" to a time following conviction.Accordingly, it would be highly improp er for the court to have the driver'Isrecord before it, as it is now being done, when the defendant chooses tostand trial on the citation rather than the formal complaint.

The proposed statute further provides:

"When -such a- denial. is made the court may continue thematter for a reasonable -time to permit the obtaining of rec-ords which -qualify as- documentary evidence, and- the provi-sions of. Section 1449 of the Penal Code shall be deemedwaived for this period."

(b) The permissive '-may" in "the court may consider reports" appearsto echo 1consent of "such use as each judge sees fit" concept discussed atpage 9 hereof.

(c) ."The defendant's previous driving records" must mean either his"9prior citations'" or ''his convictions,'' and the draftsman should have statedhis preference. This is of particular importance when we consider footnote4 at page 34, of the Twentieth Biennial Report:

"The objections to the Los Angeles system regarding use ofcitation rather than conviction records and their notation uponthe citation may be. eliminated within the next few years. TheLos Angeles Municipal Court is attempting to obtain use ofcertain data processing equipment which would be capable ofproviding a record of prior convictions upon a separate docu-ment."

(d) The phrase "cprevious driving records obtained from any court" failsto state whether the duty of obtaining these records rests with the execu-tive department or the judiciary.

(e) This permissive "may" allows the court to "continue the matter for areasonable time" or "normally . . . disregard it" as is done under the LosAngeles system (Jud. Council Rep. p. 33) "as each judge sees fit." (p. 3hereof.)

(f) 'if those courts "normally disregard" a denied prior citation, there

are three possible reasons thereof. (1) It is highly improper from both alegal and moral standpoint for a record of priors to be before the courtprior to the plea or finding of guilty." (2) Knowledge by the defendant thathe. is charged with priors and is required to return at a later date to allowproof of the same, might very well have an influence on whether shouldplead guilty. (3) Requiring the defendant to return on a second occasioncauses loss -of earnings for a second day. (4) The costs and mechanics in.volved may be so out of proportion to the increased penalty that an in-crease in revenue will not result therefrom.

(g) Finally, who shall do "the obtaining of records which qualify as docu-mentary evidence?" Shall it be the enforcement authority or the court?After the documentary evidence has been received, who shall have the dutyof establishing the fact that the person named therein is the same person asthe defendant before the court for sentencing?

Judicial Council StudyMuch of -the content of the study. of Mr. Donald Rosenberg, (pp 3:3-36,

Twentieth Biennial Report) has been touched upon earlier herein. However.,at the risk of being repetitious, the following observations are made:

(1) Citations v. Convictions'At page 34 it is stated that:

"A reading of the statute (Veh. Code 40505, ' no traffic orpolice officer shall set forth on any notice filed with the magis-trate' or attach thereto or accompany the notice with any writ-ten statement giving information or containing allegationswhich have not been delivered to the person receiving thenotice to appear.' (Emphasis added.)) would seem to precludeits application to the Los Angeles system since the notationsare made on the citations by clerical personnel. (on the CityAttorney's payroll) subsequent to the filing of the citation withthe court."

To the contrary, it's an inescapable conclusion that the intent of thelegislature is defeated by adding such a notation. A reading of Sectioan40505 with "Section 40513 (providing that an exact and legible duplicatecopy of the notice when filed with the magistrate constitutes a complaint towhich the defendant may plead guilty." (Report p. 34. Emphasis added.))clearly demonstrates that both statutes are speaking of the same exact copy"When filed with the magistrate." Whether the "notations of the court's copyof the citation after it has been filed with the court would preclude its useas a complaint" or "that the added material does not change the offensecharged in any respect" is immaterial, but it becomes a matter of great con-cern to a defendant when entering a plea of guilty. It is then thathe is forthe first time informed that he has been charged with prior citations basedupon the meagre information as to the date and Vehicle Code section of theviolation charged to have taken place somewhere in Los Angeles County.Even a conscientious defendant might experience difficulty in truthfully ad-mitting or denying the date of the citation,.the date of the disposition, or thename of the court. The matter may be continued (if the court does not nor-mally "disregard it," Rep. p. 33) to another date when "records which qual-ify as documentary evidence" are produced. If on his second appearance fullinformation as to the now charged prior conviction, as distinguished fromprior citation, is produced, the defendant is in a position to intelligentlyadmit or deny the prior conviction. If denied, a second. continuance shouldbe rnted Ain fairnns othe'a defeantin ordear to afford him the oppor-

These reports are usually obtained by either the police department orthe prosecutor. They, should be used by. the prosecutor for determiningwhether the defendant's record of prior convictions considered in the lightof the pending charges warrants the pleading of the prior convictions sothat upon proof thereof, in the proper case, the increased penalties pro-vided by Section 42001 may be imposed.

(3) Veh. Code 13209 Requires Prior ConvictionsNote 10 of the report states that "the Vehicle Code (Section 13209) re-

quires the court in a. misdemeanor drunk driving case to obtain a report ofthe defendant's prior driving record from the department before. sentenc-ing . " (Emphasis added.) The section. itself, however, states that:

"the court shall :obtain from the department a record of anyprior convictions of that. person for traffic violations."' (Em-phasis added.)

If in the 'proposed Section .41500 it was made clear that "reports regardinga defendant's -prior record" meant reports of prior convictions, one of themajor objections to the proposed section would be removed.

Penal Code Section 1204The treatment of this section commences at the bottom of page 34.(1) Is. Applicable to Inferior CourtsThat the section is applicable to inferior courts is the holding of People

v. Giles, 70 Cal. App. 2d Supp. 872, 879 decided in 1945. All doubt concern-ing its applicability to inferior courts was removed by enactment of PenalCode Section 690 in. 1951.

(2) Modified by -Subsequent LegislationIf the concluding sentence on this subject at page 35: "Although the

wording of 1204 seems to permit the use of testimony evidence only, no casehas been found that reversed the sentence imposed on the ground that doc-umentary evidence was admitted in violation thereof " was intended to posea question, the answer will be found in 3 at page 34, where it is stated:

"Statutes (all adopted subsequent to 1872) provide for intro-duction of the probation officer's report, certified copies ofjudgments, certified photographic records of the Departmentof Motor Vehicles, and other official, private and businessrecords, but these notations do not appear to conform to any

-Continuedo n iPage 19!

Hastings College of the Law March 31, 196SPaoe 10

March 31, 1965 Hastings College of the Law Page 11

BOOKS....0REVIEWVED

THE COMMITTEE AND ITS CRITICS; Win. F. Buckley, Jr.,Putnam. New York, 1962.With the probable arrival in the Bay Area of HUAC and

the ritual attacks that will pour forth from certain quarters,it would be well to look at a recent book about the Commit-tee which deals with the criticism of the Committee's variousactivities. The book, The Conuittee and Its Critics, is editedby William F. Buckley, Jr., who along with its other contrib-utors, takes on the task of answering the Committee's criticsand correcting some misapprehensions about the Commit-tee's work. One -of the principal purposes of the book is toisolate the real from the unreal criticisms of the Committee.,and to! discuss the issues involved for the edification of allseriously and objectively concerned with their implications.The book makes a good start toward clearing the air forthose who are unsure of why this Congressional Committeeexists, how it acts, and what its accomplishments have been.

In a review such as this, it is a temptation to commenton each of the dozen contributors to this volume, for eachdeserves comment and appraisal, but only a few of the im-portant aspects of the book can be touched upon. The con-tributors are for the most part associated with National Re-view, edited by William F. Buckley, Jr. The uppermost ques-tion in the minds of the contributors is whether an opensociety, like the; United States, can tolerate an unassimilat-able political minority in league with a foreign power dedi-cated to its destruction. It might be noted here (as Buckleydoes) in appraising the outlook of the contributors to the vol-ume, that they all share a common premise-"that the statewants constant watching, because it is, notoriously, theprincipal instrument for the oppression of free. men. It, ex-clusively, wields the conclusive weight: for it has at its dis-posal the police power. They (the contributors) . .. have inrecent years resisted with a consistency that would match upagainst that of any other half dozen persons the accumulationof power in the government of the United States . .. they allare disposed to resist the accumulation by the state of anypower which is unnecessary to. the insurance, by reasonablemeans, of the survival of our society." Their comments onHUAC -should be viewed in this light.

Let us start with Mr. Buckley, who writes the openingchapter. He reviews the criticism which HUAC has evoked,especiallyW in recenWt0years, %Ad%%% p Arodstok evluate thk is

society"; but he is equally insistent on the essential unrealityof much of their thinking. "The literature on the problem ofinternal security," he concludes, "has been almost exclu-sively antagonistic and irrelevant: a mechanical and abstractprojection, of the platonic principles of John Stuart Mill'sopen society, a hostile and ideologized refusal to understandthat the problems of internal security do exist, that they arereal . . . The intellectuals might in a word, have helped theCommittee along more than they have done." Mr. Buckleythen, challenges the academic community to come up withsome new ideas for helping the Committee to move safelythrough these difficult -waters.

He offers'some suggestions of his own. He deplores the,name of the Committee-"'The House Committee on Un-American Activities"-because the name, and (for some) thephilosophy behind the name, suggests that it is within thecompetence and jurisdiction of Congress, to set up an offi-cial definition of "Americanism," and then to undertake acontinuing investigation of activities and propaganda hostileto this "Americanist" creed. It is only when "un-American"propaganda becomes part of a conspiratorial movement al-lied with a foreign enemy bent on the destruction of our na-tion, of freedom, and of Western civilization that- it becomesa proper subject for congressional inquiry, disclosure andlegislation. Mr. Buckley agrees that the HUAC's authoriza-tion 'is "too broad," and would change its name to, the HouseCommittee, on Communist Activities (though, of course, inthe 1930s, the Nazi groups in this country, working underthe direction of Hitler Germany, properly came, under con-gressional investigation). Mr. Buckley makes this point, andit needs to be made, for the notion of an officially acc reditedorthodoxy of "Americanism," and therefore also of an offi-cially condemned heresy of "un-Americanism," is -abhorrentto our constitutional tradition. As he states, "Lots of ideasare despicable, but those of us who favor limited governmentwant to let despicable ideas be disciplined by the marketplace. It is not despicable movements-or even un-Americanmovements, in the sense of mutational movements, or move-ments clearly unrooted in the American tradition.-that wewant to see watched over by a committee of Congress. It is

any despicable idea (whether historically un-American or not)which (a) is being sustained by foreign and powerful en-emies of the republic, or (b) threatens explosive internalcrises" (such as the KKK).

The Supreme Court has, in effect, changed the name tothat Mr. Buckley suggests. Speaking for the majority whoupheld the constitutionality of HUAC's charter in Barenblattv U.S., Mr. Justice Harlen explained that the "abstractterms" of the authorization were furnished with a "definitecontent" by HUAC's actions and by the unfailing supportgiven to it by the House of Representatives. The "course ofcongressional actions," the Justice concluded, indicates aclear congressional intent to give HUAC "pervasi authorityto invesitgate Communist activities in this country."

In further discussing some of the criticisms leveled at theCommittee, Mr. Buckley thinks that liberals are hostile toHUAC because they separate the, internal from the externalthreat of Communism and therefore minimize the danger of"domestic" Communism. This is a false separation-the dis-tinction between the internal and the external threat is un-real. The scope of the Communist effort "transcends the con-ventional boundaries and that therefore the conventionalvocabulary is anachronistic." In the war called peace whichinternational Communism has thrust on the non-communistworld, one of the many weapons in the Communist arsenalis political subversion-the attack from within, the strugglefor the minds of men and even more for the wills of freemen and women . .. (in a later chapter entitled "Subversionin the Twentieth Century," Willmore Kendall explores thisarea at greater length.)

Even accepting the assumption that the Co mmunist Partyof the United States is correctly seen as an arm of the mili-tarily powerful Soviet State, we are left with the more com-plex "residual problems which anyone concerned with thepreservation of freedom must face up to." While Congresshas an oblgation to inform itself and the American peopleabout the extent of any attempted subversion and take stepsnecessary to protect the Republic-this underlying premiseis not the troublesome area where the problems lie in con-nection with the Committee. We are free men, and we acceptimpositions upon our freedom only as they prove necessary.We do not want tol sacrifice a single freedom which we neednot sacrifice in order to save the Republic. The central andcomplex problem then is how far a democracy can go in pro-

-Continued on Page 11

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March 31, 1965 Hastings College of the Law Page I I

Pnae 12 Hastings College of the Law March 31, 1965

BOOKS REVIEWEDContinued from Page 11-

tecting itself against political subversion - an area thattouches closely on principles of free speech. Here is wherethe intellectual community might help by putting its "re-sources to work on the problem :of how to draft sensitiveand relevant and enforceable legislation which can becounted upon to make the necessary distinction between theheret ic and the conspirator, to guide a Committee which, forall its experience, has failed to come up with truly satisfactorylegislation aimed at encumbering and neutralizing the oper-ations of the~ Soviet apparatus, covert and overt."

But let us leave Buckley and take a brief look at some ofthe other contributors. James Burnham writes a backgroundessay on "The Investigating Power of Congress" wherein hedeals with two of the issues that have troubled critics of theCommittee-the problem of "exposure" and the "informingfunction." Burnham argues that exposure is typical of allcongressional investigations and must be tolerated as a partof our political system. C. Dickerman Williams (presently anattorney in Washington, D.C., and who has been a lecturer onlaw at Yale, a director of the ACLU and general counsel tothe Department of Commerce), adds that the exposure isnecessary to win public support for HUAC's legislative rec-r,%mmendations. The *validity of these points can be upheld ifnot outweighed by defects in the Committee's procedures towhich the contributors have devoted much time. They agreethat at times the Committee has been guilty of proceduralexcesses, but as Mr. Williams concludes: ". . . that while theprocedures are not perfect from the point of view of theindividual, they afford substantial protection."

Mr. Irving Ferman (formerly Chief Counsel of the ACLU)in an invaluable essay, "A Comment by a Civil Libertarian"acknowledges the legitimacy of congressional concern overCommunist subversion, discusses judiciously the difficultproblems of procedures and methods, and offers some con-structive solutions. Approval is expressed by Mr. Ferman oflegislation introduced by Senator Kenneth Keating thatwould have the effect of relieving a witness of the necessityof answering a question. posed by the committee unless he isinstructed to do so by court order. Only after the court hasruled that a witness must testify-because of the Commit-tee's power to ask the question-could he be held in con-tempt for refusing to answer.

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HARRIN GTON'STraffic Index AssiledContinued from Page 10-

of the foregoing provisions of law relating to documentaryevidence."~

Also see discussion of Section 1204 under II. Usurpation of LegislativeFunctions, (2) page 9 herein.JuialNtc

In People v. Smith (1964), 231 A.C.A. 177, 180, the case of Flores! v.Arroyo (1961), 56 Cal. 2d 492, cited at page .35 of the Report, is treated inthis manner:

"The second proposition urged by respondent is that the su-.perior court was entitled to take judicial notice of its own rec-ords, which showed the defendant had suffered a prior con-viction and that subdivision (b) should not have. been applied.Although courts now liberally take notice of- former judg-ments in civil cases, no authority has been cited for the use ofthis means to augment the jurisdictional allegations of a plead-ing in a criminal prosecution."

In addition People v. Ibarra (1963), 60 Cal. 2d 460, 467, said this:

"If an allegation of a prior conviction will bar a defendantfrom the program, although the trial judge considers him a fitsubject for rehabilitative treatment, that allegation shouldcome before the court in a manner affording tL-he defendantadequate opportunity to rebut the allegation. Charging theprior conviction in the information fulfills this requirement,but merely presenting the conviction in a probation reportdoes not."

CONCLUSIONThe Los Angeles Central 'Traffic Index System was illegally established

and is now illegally operated. This illegality is so basically unconstitutionalthat it is beyond the "healing power" of the Legislature. The principle ofcurative legislation does not apply to unconstitutional judicial legislation.(Miller v. McKenna (1944), 23 Cal. 2d 774, 782.)

1If the Legislature should deem it proper to act upon this matter, may Isugge~t that it prohibit the further operation of the Los Angeles CentralTraffic Index System and the use of the type of information furnished by itfor the purpose of increased penalties or bail.

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March 31, 1965Hastings CoUege of the LawPaae 12I