Arizona Republic from Phoenix, Arizona on November 6, 1969 · Page 8
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Arizona Republic from Phoenix, Arizona · Page 8

Phoenix, Arizona
Issue Date:
Thursday, November 6, 1969
Page 8
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KEPlitttJb KtrUBLIU CITY MAIL Hie Arizona Republic fi Phoenix, Thnrs., Nov. 6,1969 I * «* '*> ••* '--* tt * * ** * a ;f about Lawyer-judge disagreement More about Association rejects dog racers Continued from Page A-l them to the other trial judges in rotation. "I had an opportunity to discuss this problem with Vice Chief Justice (Lorna) Lockwood (of the Arizona Supreme Court) and she approved of my proposed procedure." Hardy said he sent the letter after Burke told him other judges were refusing to accept the vast amount of transfers of cases from Burke's court. Under normal procedures, one judge will call another judge and ask him to hear cases when lawyers file affidavits against the judge. In Burke's case, the judges were refusing to accept any more case transfers, Hardy said. Asked about the situation, Burke first told a reporter "no comment," but later agreed to answer questions. "I'm taking other judges' cases," Burke said. "I'm taking more cases from other judges than are assigned out of here." (A check of court administrative records by The Republic tentatively showed that Burke transfers five times as many cases as he receives. Complete figures were not available.) Asked if he could answer why attorneys were refusing to let him hear cases, Burke said: "Absolutely. Because I say that a case should be decided on the merits of the case regardless of whether the county attorney, or the public defender or the insurance companies or the powers that be are involved. "In other words, I say that truth should prevail upon the evidence no matter who it hurts and you might add to that, rich or poor." County Attorney Moise Berger said there was no interoffice order that deputies not take cases before Burke. "It just works out that way," Berger said. He refused to say why deputies refused to have Burke hear cases. Public defender Ross Lee acknowledged that most of his deputies also refused to take cases before Burke, but added that there was no order for his deputies not to have a case before Burke. "In fact," Lee said, "I was in his court two weeks ago and was very pleased with the judge." Lee was in the court as an adviser to an accused criminal who defended himself. The man was found innocent. Burke was denied admission to the State Bar of Arizona in 1953 on the basis of material contained in a confidential report from an investigative agency in Chicago. Burke had been an attorney in Illinois before moving to Phoenix in 1952. Burke, 61, appealed the denial to the Arizona Supreme Court, which ruled that regardless of what the investigation report contained, if Burke could not read it, then the bar could not ban him from practice. The bar refused to divulge the contents of the report, and the high court admitted him to the bar. Burke worked as an attorney in Phoenix until his election to the Maricopa County bench in November 1968. At the time, he predicted his election by saying that voters would believe they were voting for John E. Burke, the county elections director of the same name. The Republic yesterday Interviewed several attorneys for leading Phoenix law firms in an attempt to discover why they were refusing to have Burke hear their cases. \ Seven of the 10 attorneys refused to comment, noting that the Canons of Ethics — rules of conduct for attorneys — prevented attorneys from publicly criticizing a judge. The other three attorneys, who asked not to be named, said they didn't believe they could get a fair trial under Burke, that they believed him to be unversed in law and complained that Burke refused to let-them conduct trials in an orderly manner. Said one: "I've been a lawyer too long to have him tell me what questions I should ask." "I can handle this job (as a judge)," Burke said, "because I'm not concerned about politics. Maybe some of the other judges are. I'm not. "Most of the affidavits are from the corporations and the insurance companies because they must think I believe a poor person who is injured should be compensated. "I was not elected to this job to make the lawyers happy." According to court administrative records, Burke tried only one case during September—the latest monthly figures available. The Republic was informed by a spokesman for the Arizona Supreme Court that the high court is also attempting to find a solution to Burke's situation. Continued from Page A-l Ledoux said both Marth and Murphy "came to me at the Ireland meeting and said they'd like to see the Funks admitted as members if we had no derogatory information on them." Murphy denied he initiated a plea for the Funks' admission, but he added that AGTOA officials asked him about the operators of Arizona's six dog tracks. "I said as far as we could see, the Funks were clean operators," Murphy recalled. But Marth told The Arizona Republic that not only did he make the approach, at the request of the full five-member racing commission, but he also buttonholed other track operators to ask them what was wrong. "What I got was that something happened with the Funks and members of the AGTOA about 20 years ago," Marth said. "I couldn't find out exactly what the problem is." Marth read from a resolution of a closed-door Oct. 2 meeting of the Arizona Racing Commission which requested Marth to go to Ireland and speak "encouraging the membership of Arizona tracks in the AGTOA." He said he feels that the AGTOA polices its own members and, if the Funks belonged, "the (Arizona) commission wouldn't have to police them so much." Also, he said, AGTOA may adopt uni- form licensing of owners and trainers. Murphy and Marth were the only state racing commission officials from the United States at the Ireland meeting, although all were invited, Ledoux said. Murphy, a former postman whose parents were bom in Ireland, said he went three days before the convention to visit relatives there. His convention bill, for excursion fare on the airplane, hotel and meals, came to $698. Marth took along his wife. But he said he is ill and must take her everywhere he goes. Marth billed the state $709.15, and reported he paid another $150 for his wife out of his own pocket. Ledoux said many of the meal and other expenses of the 80 persons who attended the convention Oct. 11-15 were picked up by the track operators association. Murphy said both he and Marth attended a private dinner and racing outing given by Jerry Jacobs, whose Em- prise Corp. has gained stock control of six of the seven dog racing firms in Arizona, plus three horse tracks in the state. Marth said Murphy was in error — that be (Marth) went to a different dinner and racetrack that evening. Marth said he believes his attendance at the track operators meeting was invaluable to the state, because he learned a lot about greyhound racing controls and breeding. Murphy added, "I think it was important that we went to the meeting. I've attended this meeting every year (in other states)." On Oct. ?,1, shortly after returning from Ireland, Murphy filed a four-page report on the convention with Gov. Williams. Williams' office must approve all out-of-state travel and did so in the Murphy-Marth case. Murphy's report (which Marth said was his report as well) noted that the convention would lead to the formation of a world council on greyhound racing. It also discussed government ownership of the Irish tracks, tax collections from legalized bookies, and a request from an AGTOA official that state governments limit their control of dog tracks. "At this final business session of the conference we were treated to a very unique surprise when we were informed that England has already introduced pre-race testing of greyhounds for drugs," Murphy wrote. "In summing up," Murphy wrote, "may I say that Vice Chairman Marth and myself attended every business session and stayed throughout because of the high interest content of all the meetings. We additionally had a wonderful liaison with the track operators and officials from all racing states." Bobby Seale gets 4 years for contempt More about Viet policy hearings deferred do as Continued from Page A-l "The committee didn't want to anything that could be interpreted antagonistic or as contributing to any undue inflammation of the public mind," he said. "These are very difficult times." The time set for hearing the two cabinet members follows the scheduled march on Washington by antiwar demonstrators, but Fulbright said this didn't enter into the discussion. He said the determining factor was that a subcommittee looking into U.S. overseas commitments already has scheduled hearings for next week on the Thailand situation and witnesses have arranged to come all the way from Thailand. Fulbright added that he doesn't like marches on Washington and thinks they are unwise, although he said he felt the antiwar demonstration here* on Oct. 15 had been well conducted and made an important point. The committee first announced plans for hearings on the Vietnam war prior to the scheduling of Nixon's speech. It- then decided to defer them until after the presidential address. The hearings were to be keyed in part to a measure introduced by Sen. Charles E. Goodell, R-N.Y., to require withdrawal of all American troops from Vietnam by December 1970 and to other measures relating to the war. Shortly before the Foreign Relations Committee put off a decision on public hearings, Goodell told a nev/s conference Nixon's speech would increase support for his bill.;; , - ..,,..> While Fulbright didn't foreclose public hearings later, he said no decision will ,be made until after Rogers and Laird have testified. PR BUDGET UP OTTAWA (AP) - A task force on government information estimates Canadian federal government departments, agencies and crown corporations will spend about $148 million on information services in'the current fiscal year, a rise of about 40 per cent. More about Continued from Page A-l nating with yesterday morning's interruption. He said that the "acts, statements and conduct of Bobby Seale constitute contempt of this court and a deliberate attack on the administration of justice, and an attempt to sabotage the functioning of the federal judiciary system." Seale interrupted Judge Hoffman several times and Kunstler refused to reply at the end of the ruling. The judge then asked Seale if he would care to speak. "Why now?" Seale said. "It's a special Hoffman replied. occasion," Judge "What am I supposed to speak about? What kind of crap is this? Is this a court . . . You've been hanging black people all yotir life. What can I say about punishment?" Seale said. After the sentencing, Seale shouted, "You can't separate me. I want a trial right now." Judge Hoffman set April 23 and replied, "I can't hear two trials at once." Seale, 33, contended that he has the right to defend himself since his chosen lawyer, Charles R. Garry of San Francisco, was unable to participate in the trial because of an illness. Kunstler signed a general appearance for Scale in order to confer with him immediately prior to the start of the trial Sept. 24. But Seale contended he never wanted Kunstler and fired him as his lawyer. Kunstler and Judge Hoffman have argued many times in court about Scale's representation, but the judge has ruled that Kunstler is Scale's lawyer of record. In a separate action, Judge Edwin A. Robson of U.S. District Court dismissed a suit filed Tuesday, which requested that Seale be permitted to act as his own attorney. Filed by a group of 30 lawyers in behalf of Seale, the suit also asked that the trial be stopped until the suit was disposed of and that Seale be released from the Cook County Jail. BILTMORE FASHION PARK • 2400 EAST CAMEIBACK ROAD • TELEPHONE 955-7200 J all you marima panty stocking wearers... new softlon® in nine delicious colors! box of 3 pairs 7.50 ... 2.5O a pair new, new newest stretch-fits of Softlon® nylon are the good news today. The clinging-esf ever. And soft, smooth, extra snag resistant. Ours alone in one-size-fits-all. 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