The Witan, 1975-1976 Academic Year, V. 3 No. 6, February 1976

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The Witan, 1975-1976 Academic Year, V. 3 No. 6, February 1976


Lawyer Advertising Controverted, Election Law Upheld, Law Libraries Compared, Women's Place Working in America, Limited Legal Advertising, Rape and the Penal Code


Charles D. Butts, Tony Chauveaux, Linda Lame, Joe Casseb, John S. Aldridge, Meg Morey, Marianne Lipscombe, Kaya Mullins, Mike Holmes


St. Mary's University School of Law San Antonio Texas, St. Mary's University School of Law Student Bar Association, Sarita Kenedy Law Library




The Witan




English, en-US





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Volume 3, No.6

February, 1976

Student Newspaper Of St. Mary's University School Of law, San Antonio, Texas

Lawyer Advertising Controverted
by Charles D. Butts

(EDITOR'S NOTE: Charles D. Butts is Director of
State Bar of Texas; Charter member and Director, Texas Criminal Defense lawyers Association ; Former First Assistant Criminal District Attorney of Bexar County ; Member State Bar Committee on lawyer Advertising .

extravagant, artful, self-laudatory brashfavor advertising on the proposition that ness in seeking business and thus could it would enhance the potential fl)r mislead the layman. The hazard that it providing advertising on the proposition would inevitably produce unrealistic that it would enhance the potential for expectations in particular cases and bring providing information upon which to base about distrust of the law and lawyers is the selection of a lawyer, especially quite apparent, especially were lawyers information about fees. Additionally, it is allowed to advertise without restrictions urged that advertising will promote of any kind. competition amongst lawyers and that the History has demonstrated that public public thus, will ,be the beneficiary from confidence in the legal system is best .- resulting lower fees, more efficient preserved by strict, self-imposed controls services plus being better informed over, rather than by unlimited advertisregarding the unique abilities of the ing. particular lawyer chosen. An additional consideration given by On the other side of the coin, various some of the advocates of lawyer consumer groups, as well as the Federal (Continued On Page 7) Trade Commission (FTC) to some extent.


Should lawyers be allowed to advertise? Should DR 2-101 of the Texas Code of Professional Responsibility (Canon 2, American Bar Association) banning lawyer advertising be liberalized or 0lished? Should the legal profession intain its traditional prohibitions gainst advertising and continue to uphold its time-honored ideals of dignity, service and integrity? These and many other questions plague us at the moment. Just how and why did this controvery arise? First, let us examine DR 2-101. In essence it says that a lawyer ' shall hot ' prepare, use or participate in, etc., any form of public communication that contains professionally self-laudatory statements calculated to attract lay clients. "Public communication" includes, among .other things, television, radio, motion pictures, newspapers, magazines and books. A lawyer also is prohibited from publicizing himself or associates as an attorney through such advertising media, with certain exceptions ' such as dignified announcements of the opening of new offices, routine professional cards, t.elephone listings and approved law directories. The traditional ban against advertising is rooted in the public interest. Competitive advertising would enCQurage

Election Law Upheld
The Supreme Court of the United States has, for the most part, upheld the new federal law regulating election financing. The major thrust of the decision handed down two weeks ago, is that it recognizes the power of Congress to put limits on an individual's personal contribution to a candidate for federal office and to require that donations of more than $100 be made public. Only three justices-William Brennan, Potter Stewart and Lewis Powell-endorsed the entire 137-page opinion. Each of the other five participating Justices wrote separate opinions and at least six of the eight Justices participating, joined the court's conclusions .on each of the provisions that had been challenged. In upholding the ceiling Congress set for political contributions and other provisions requiring records and public disclosure of campaign spending and contributions, the Court cited the need to eliminate the "actuality and appearance of corruption" in federal elections. However, the Court struck down the law's restrictions on campaign spending, claiming that Congress illegally restricted free speech. Following the theory that "money talks," the court said that spending limits impose "a substantial

by Tony Chauveaux

. restraint on the ability .of persons to engage in protected First Amendment expression." The Court removed spending limitations that would have restricted Senate candidates to the greater of $100,000 or eight cents for each eligible voter in the primaries, and to $150,000 or 12 cents a voter in the 'general election, and which would have restricted House candidates to $70,000 in the primaries and the same in general elections. The Court also abolished ceilings on what a candidate can spend from his personal funds. The Justices said that these limitations illegally restricted a candidate's right to convey his vi"ews, particularly through such expensive and "indispensible instruments of effective political speech" as television, radio and other mass media. "The First Amendment denies government the power to determine that spending to promote one's political views is wasteful, excessive or unwise," the court said. "In the free society ordained by our Constitution it is not the government but the people individually as citizens and candidates and collectively as associations and political committees who must retain
(Continued On Page 8)


The Wltan

February 20, 1976



budget request. Even the SBA is talking about doing the same thing. If the law faculty council approves the idea, the requests will be sent to the university administration. The Witan urges faculty and student support for this undertaking.

Light News
by John S. Aldridge

It has been said that the freedom of

expression is voided when there are no means for the expressiori. At St. Mary's when the Witan or the Student Bar Association and other organizations attempt to provide a first rate newspaper or programs and services, but . are restricted by severely limited funds, student rights are being thwarted. This fact is especially poignant when it is realized that law students pay almost $24,000 a year in student service fee's. This service fee is not separately designated when we pay tuition and as a result many are under the impression that no such fee is paid. Student organizations in other divisions of the university receive a portion of this fee back directly under their administrative control. The Witan presently receive's thirtyeight dollars a month from the law school's discretionary fund. The S.B.A. ~eceives approximately four to five hundred dollars in the same way. Both organizations receive far less than is needed. Other organizations receive more. Law students are entitled to a rebate in some form from the fees which they pay. Most of us rarely, if ever, participate in the functions provided for the rest of the university. The Witan is planning to request approximately two thousand dollars for the next fiscal year. The Womens Law Association is also planning to submit a

Editor-i n-Chief . . . Andy Leonie Managing Editor . · .. Judith Johnson Articles Editor . · .... Kayo Mullins Feature Editor ......... . . · . Claude Ducloux Copy Editor .. . .. Jim Seifert Business Manager . . .... Barbara Gunning Associate Editors . . Tony Chauveaux, Barbara Rosenberg Staff Writers . Meg Morey , Dennis James , Mary Mulaliy, Marianne Lipscombe, Joseph Weik, Mark Stoltz, Karleen Kaufman, Barbara Jones Contributors ................. Charles D. Bulls Mac Secrest, Joe Casseb, linda Lampe, Ken Kreis, John S. Aldridge, Mike Holmes, Tim O 'Shaughnessy, D. Caliahan , Dave Antonini , Tim Johnson , Tom Qu irk WITAN is published by students of St. Mary's School , monthly except May, June, July and August. The views expressed herein are those of the ind ividual writers and do nat necessarily reflect those of the WITAN , its editors , the administration , or faculty unless otherwi se stated. The Editor is responsible for the views expressed in unSigned articles. Articles in WITAN May be reproduced and quoted provided that credit i s extended to the publication and the author of the article so used and notice of such use is given to th~ publication.

On February 3rd, a special session of the Student Senate met to discuss the proposed resolution on freedom of expression and the Pay less Drugstore advertising controversy. Both Senate leaders, Josh Brown and Leo Solis were absent; so, Israel Ramon, Senate Secretary, called the meeting to order. He immediately turned the meeting over to Andy Leonie, the Editor of the Witan, who was requested by the Senate to explain the situation to them. Leonie recited the history of the controversy, dating back to the establishment of the Witan almost two years ago. He included in his synopsis a summary of Dean Raba's reasons for asking the Witan not to publish the Payless Drugstore ad and why the Witan had decided to bow to the Dean's reques't. When Leonie assumed the editorship in , October he was confronted with the same situation; He had the additional problem of having half of his staff threaten to resign if the advertisement was published. The real question discussed by the Senate was whether the Administration was acting within their legal rights to restrict solicitations on campus, or whether the right to free expression was improperly restricted. No one present really seemed to know all the facts of this situation. The facts known are briefly summarized as follows: In terms of dollars and cents, the Payless offer was to run an ad in each issue of the Witan for the sum of approximately $200.00 per year. The Law School gives the Witan a funding of $38.00 per month or $342.00 per year. The Dean allegedly has promised to cut off this funding in addition to withdrawing permission for the distribution of the Witan, if the ad is published. He claims to be within his valid rights to restrict solicitation on campus, and he believes he has good justification. The suggestions from the floor were varied. Ranging from researching the point of law involved and looking into the possibility of student fees financing the Witan, to the attempted introduction of a

First year students whimper as a shadowy Francisco traces the stations of the Tort on an obscure blackboard. Others bend low over their books, cursing the darkness while straining to prepare the next case. Lulled by the soft warm glow, an occasional student dreams placidly through two general rules and an exception. There are problems other than the poor intensity of light. Dean Raba reports that' the present spotlights not only use extreme amounts of electricity, but also generate excessive heat which increases the a~r conditioning costs. To make matters worse, the lights are on an automatic timer. Like the rising and setting of the sun, the lights flash on off, beyond the control of mere mortals desiring to hold any conference or social function beyond a certain hour. Plans are being made to correct these problems. Dean Raba plans to lower the ceilings in the classrooms and to install energy-efficient florescent lights. All lights will be taken off the timer and restored once again to the control of student, professor, and dean. The Dean expects the work to begin the day after May ,graduation ceremonies. He had hoped to complete the project at Christmas or Easter, but bids and contractors were not lined up in time. Mr. Robert H. Mouton, director of the physical plant for St. Mary's, states that the school is still "kicking around U . . direction in which to go". The decision h . yet to be made between 96 or 112 Flourescent fixtures, cost being the chief factor. Once the lighting plans are finalized, the Executive Council of the University will have to give its final approval and the contract will then be signed with the contractors. With help, we will all soon be seeing the school in a better light. reSOlution of free speech or allowing the Witan to continue to handle the situation to which they have resigned themselves. Advice was sought from Mr. Hobbs, the lone faculty member present at the meeting, who counseled restraint on the part of the students. Unfortunately, a quorum of senators was not present at the meeting, and no action could be taken. In a subsequent meeting of the Senate a committee was formed to research and write a . memorandum on the problem of censorship in private institutions. Ken Kreis

February 20, 1976

Th. Wltan


Dean's Desk
by Ernest A. Raba
It might be well for the students of the School of Law to get fully acquainted with the history of this School of Law. You are referred to Volume 35 Number 9 of the Texas Bar Journal at Page 197. After you take time out to read the history of the School of Law, then you might be interested in the following statistics. The Fall entering class consisted of 220 students representing residents of 33 states and the District of Columbia, and academic degrees from 97 different accredited colleges and universities .located in 32 states and the District of Columbia. About one-half of the fall enrollees are from Texas, with the ~mainder from out of state. Fifty-one ~omen are repre!,ented in the fall class. Fot:ty-three minorities were accepted but only fourteen showed. Total female enrollment is 106; total minorities number 46. By May 31, of this year the Law Library will have grown in accessions from 65,~ to 75,000 volumes. A complete set of the National Reporter System, 2nd Series, will arrive this month. Additional furniture .to increase the seating capacity of the Law Library for 56 students should be forthcoming from the American Desk Company in Temple, Texas. You will note .that wall shelving has been installed to accommodate library volume growth; in addition, thereto, additional shelving from Remington Rand as been on order for several months. This •~ the same type of shelving currently in use in the Law Library. In another article appearing in this issue you should be fully informed of the new lighting system to be installed in the Law Lecture Halls at the end of the current semester. Faculty wise, two additional full-time faculty members will be appointed Tleginning with the Fall Term of 1976; a full-time person has been appointed as Director of Placement and Alumni Affairs. Professor Castleberry will continue as the overall director of the program, but will carry a full-time teaching load. The new Director of Placement and Alumni Affairs will have a full-time stenographer. The new Director and Secretary will be on campus on June I , 1976.

Law Libraries Compared
by Linda Lampe In the November 1975 issue of Student Lawyer, Charles Kelso, a professor of law at Indianapolis , Law School and former chairman of the ABA section of Legal Education and Admission to the Bar, wrote an article entitled "How Does Your Law School Measure Up?" In that article, Kelso stated that "It is not a quality rating ... however it does compare the relative availabilty of the resources ... and kinds of educational programs a law school may choose to offer. In that sense, it presents data which relate to educational quality." Different scales and ratios were employed in determining the rating given to respective law schools. In the category "Volumes in library" St. Mary's ranked somewhere bet.ween mediocre and poor. This corresponded with the overall rating St. Mary's attained-near the bottom of the list of law schools in the United States. Although Kelso's article was somewhat misleading in the sense that all facts were not presented or taken into consideration concerrung our library, it did awaken the Student Senate to look into and evaluate the problem. In response to the article, the faculty and Student Senate Library Committee intensified their efforts to improve St. Mary's law library. The faculty library committee, chaired by Dr. Harold G. Reuschlein, will review suggestions sub;nitted by the Student Senate Library Committee. Bob Judd; the Senate Library Committee chairman conducted a recent survey of the law libraries of four Texas law schools. The resulting data follows the articles . In all libraries, except St. Mary'S, the professional librarian's office were
& Joe Casseb

directly accessible to students, copy machines are in separate rooms or located outside of immediate study areas. The book check out desk is separated from study areas, and in any1arge study rooms t he desks are se para~e d by bookcases. The Student Senate Librar y Committee has focused on six short term areas of high priority improvements needed: (1) hours Sun. 12-11, M-F 7-11, Sat. 9-7; (2) books suggestion box with sheets for faculty and students to request ad,ditional volumes, conduct a survey of other law schools concerning the optimum utilization and type of books needed for 650 law students (3) quiet break up the central concentration of tables and chairs with book shelves, staff whispering, elimi~ation of the phone at the front desk, qUlet signs in appropriate, places. 20 minute time limit on vacancy in carrel's, and utilization of unused classrooms for study; (4) lighting - supplement lighting t~ m~et the standards set by t he Illummatmg Engineers Society of America for desk and carrel areas; (5) reproduction - studies have been completed by Xerox and IBM which determined 5c dry copies are feasible; (6) maintenance·prompt replacements of light bulbs, etc. The administl'ation at St. Mary's has responded with a positive approach. Accordi,ng to the Dean's office, the library will be increased by 10,000 volumes by this May. This increases t he total volume figure from 65,000 to 75,000. A complete set of the National Reporter System, 2d Series should arrive this month. More furniture has been ordered to accomodate the overcrowded conditions and seat more students in the study area.

COMMENTS SCHOOL HOURS REPRO LIGHTING No smoking or drinking, quiet University M-F 7-2 a.m. 5c IBM dry good reading rooms, library staff of Texas Sat. 9-Mid. whispers, book check out desk Sun. 9-12 separate from study areas. Baylor M-F 7:30-11 Sat. 8-11 Sun. 2-11 5c IBM dry fairgood

No smoking or drinking, lounge,
quiet reading rooms, book lined study areas, book checkout desk separate from study areas.


M-F 7:30 Mid.5c IBM dry excellent Smoking in carrels only, lounge area, quiet reading rooms and study Sat. 9-6 areas, book checkout desk separate Sun. 12-Mid. from study areas. 5c wet poorfair No smoking uninsulated study area, within major or drinking, lounge, carrels, one major book checkout desk study area.

e t c . . .. & Tim O'Shaughnessy
The LAW WIVES want to thank ,everyone for their continued support of the bake sales. The sales take place on the 2nd and 4th Wednesdays each month.




St. Mary's M-Th.8-11 F.8-5 Sat. 9-7 Sun. 2-10


The Witan

February 20. 1976



* 9ui IftUtJceI

* S.A. Feel Guide * Tale6 ~ PDWe'l
from the main issues ... "What was the point of tricking me that way?" I asked. "Sorcerers are convinced that all of us are a bunch of nincompoops," he said. "We can never relinquish our crummy control voluntarily, thus we have to be tricked." Res Ipsa Loquitur

S.A. Feel


by Moe Secrest

The impetus for this feature article arises from the fact that a great plurality of law students currently atten~ing this school hail from states other than the great Lone Star, and "you all" as well as many students who are Texas residents are unfamiliar with the city of San Antonio. Thus, the climate is ripe for what appears herein. The purpose of this brief feature will be to disclose to those who are virgin to this unique city and those who by D, Callahan are not so virgin (to this unique city), the eating establishments, cafes, restaurants, The fourth of Carlos Castaneda's works recently appeared in paperback form. hang-outs or grease joints that I have been frequenting for years (some, Tales of Power is barely narrative, however, not too frequently). strategically poetic, and philosophically Let me make the following perfectly indulgent; as if the author had finally clear and establish a few ground rules. achieved that drug-induced, purposeless, altered state of consciousness for which First, in none of the establishments mentioned herein do I have any pecuniary Castaneda has in the past b~en so roundly interest. Second, as a rule you won't find criticized. But the book is not about drugs; many other commentators, if any, it is about a sorcerer's explanation of the extolling or disclaiming these establishworld. To understand the world, one must ments' virtues or vices because they are become a warrior. That entails, among all basically "holes in the wall". By this I mean they eschew from illimitable /' many other time-consuming things, an commercial advertising can rarely awareness that man's perception of the accomodate more than 30 patrons at one world is merely that-a perception, a time (and many of them fewer than 10), point of ' view. After that, and after a wing's brush with knowledge and power, and basically have a flavor all of their own. the warrior merely witnesses the world. But this in NO WAY denigrates from their As the finite hero of his own re-birth, special place or plateau in San Antonio's forum of "eating out" establishments. and as an 'apprentice-warrior under the Third, as a rule you can eat lunch or direction of his teacher-sorcerer, Don dinner (when served) always for less than Juan, and his benefactor-sorcerer, Don $2.25 and usually much less than that. Genaro, Carlos struggles for impeccability This by definition limits our inquiry. No of thought and speech. His warrior's articles or commentary will appear journey is much like that of San Juan de la discussing Coulipiac De Samon en Croute, Cruz' solitary bird: Supremes de Vocaille a Blanc, or Ole The conditions of a solitary bird are Braise Aux Pruneaux! However, the five: the first, that it flies to the highest paper will be rampant with descriptions and opinions concerning such gastronpoint; imical delights as chicken fried steak, fried the second, 'that it does not suffer for company, not even its own kind; chicken, chile stew, Red Top (combo of the the third, that it aims its beak to the 2 preceding entrees), caldo (soup), enchiladas, pan dulce (sweet bread) and skies; the fourth, that it does not have a tacos. definite color; Finally, I make no contention that the recommendation or criticisms appearing the fifth, that it sings very softly. Lastly, though the novel's thrust is within the course of these articles will , meet with your individual agreement. As subtle, it is also familiar (think of walking anyone knows who truly loves to throw out of Torts class): He explained that the art of a teacher down (eat), beauty is in the mouth of the taster. I do promise, however, that the was to deviate the appr~ntice's attention


comments that I make will be as forthright as can be and that if you keep an open mind and a kind disposition, the local flavor supercedes any shortcomings that the food may have. This is not to say that you will have any shortcomings in the taste of foods and the, places that I comment upon. Most represent, in my opinion, the best places in town, and those that serve authentic Tex-Mex Mexican food are probably the best in the world. (Continued next issue).

by Dove Antonini

Lately, there seems to have been a "resurfacing" of some of those old that carried the "folk-rock" through the late sixties and into the early seventies. The most widely publiciz,ed, are Bob Dylan. Joan Baez and The Rolling Thunder Faview. The most unique 'and changing face though is J oni Mitchell. She has a definite style which cannot be pigeon-holed into anyone musical classification. Her material lyrically paints some of the strangest but also the most beautiful pictures I've ever heard. Jan. 23, she drew a crowd that nearly filled the Municipal Auditorium for the performance. The concert opened with a set by her back up band, the L.A. Express. Unfortunately the leader ' and saxophonist, Tom Scott was missing. The band performed a good set but it lacked the fire and funk that laced their album, "Tom Scott and the L.A. "'V'~~ft~~ ' " The leaderless band seemed to lack cohesion and self-confidence and held back a lot of the energy that was evidenced in their recordings. Ms. Mitchell performed mostly material from her past recordings with an emphasis on her last album "Hissing of Summer Lawns". The most outstanding parts of the night were her own solo spots, which displayed her ability to play both acoustic guitar and piano. Some of tlJe songs performed, such as "Jungle Line", would have been best left in the studio. The feel of songs such as this is dependent upon the clarity and effects of a studio atmosphere and could not be effectively ' reproduced in a hall to a live audience. She did not maintain a real rapport, with her audience. As a whole, it was a performance which doesn't fall into the memorable musical moments of your past. On a scale of five stars, J oni Mitchell would receive five stars for herself but only two stars for her performance.

February 20. 1976



Women's Place

Working in America
by Meg Morey

Limited Legal Advertising
The American Bar Association's Standing Committee on Ethics and Professional Responsibilty is recommending limited changes in ethical rules which would permit bona fide consumers' organizations to publish, in addition to general biographical information, charges for an initial consultation fee and information on t he area of law practice concentration. The Committee deferred action on the question of advertising by individual lawyers, which it -had included in its discussion draft circulated to the bar last December. In its report, t he Committee notes t hat the amendments meet the need observed by many lawyers who have communicated wit h it t hat additional information should be furnished t he public, and meet the legitimate concern of the public that t hey have access to needed information which will aid them in t he selection of counsel.

A seminar on women in the business and professional world, organized in large part by the Mayor's Commission on the Status of Women, and made possible in part by a grant from the American Issues Forum Committee of San Antonio, took place February 5 through 7. Through a series of workshops on topics ranging from the legal rights of working women to techniques for self-motivation and self-reliance, the seminar provided an opportunity for women to meet other working women, and to exchange ideas, and experiences. The keynote speaker for the Friday afternoon session was State RepresenSarah Weddington. In her talk, she that equal opportunity is now backed by laws already on the books; that it is now up to each woman to break through the barriers of old habits and stereotypes. She illustrated her point by

several recent court decisions, many of t hem humorous. Many of the workshops were aimed at changing the individual's self-image by acquainting them with the psychological as well as legal tools available to advance in their chosen field. Several of the sessions on Saturday were specifically aimed at the women who are entering the job market, and minorities who are just beginning to find opportunities available. Participants in planning the workshops included members of the National Organization of Women, the YWCA, League of Women Voters; Chicana Rights Project, San Antonio Women's Credit Union, Texas Women's Political Caucus the Lone Star Council of -Federally Employed Women, and the Business and Professional Women's Club, Inc.

Court -Appointments
_ _ -

by 'Marianne Lipscombe


Pep talk
Dear Doug, It sounds like you are suffering from the well known and dreaded "blahs" also known as "sophomore slump" or as we called it during the sophomore year in dental school t he "red ass." I r eally do know what you're going t hrough. In fact the long awaited novel "Down in the Mouth" has this as its major theme. I'm still pissed off with the way we were treated after twenty years. We had t he damdest collection of chicken shits & cheap shot artists in the world there as well as an un believable number of competents, empire builders & petty backbiters. Anybody who has gone to professional school has seen this. Don't worry about St. Mary's Law school. Screw St. Mary's Law School. It's a plain and simple paper chase. Get that degree and let them all go to hell. Education is t he business of a lifetime. Professional schools aren't that much different--most of their reputations are just P.R. When I got out of school I was convinced I had been to a uniquely crummy institution but found out that every young dentist I met told the same stories. Anyway, consider this a pep talk. Love, (Law School Relative; name withheld by r equest).

Each year, several St. Mary's law students apply for positions as briefing attorneys for the appellate courts of Texas and other states. The term for a briefing attorney is usually one year beginning Sept. 1. The duties include a study of the cases assigned, reading the authorities ___ cited by both parties in their" appellate investigating the law, and finally a recommendation on the particular case. Among the students chosen thus far are the following: William Anderson-Ct. of Civ. App.Corpus Christi-U.T. (Austin), B.S. Economics-Moot Ct.-elerking: Clark, Thorton, Summers. Charles Hardy-Ct. of Crim. App. (J. Archie Brown)-U.T. (Austin), B.A. Journalism-Moot Ct. Board Chairmanwriter & editor for Southwestern Research. Frank Morrill-Ct. of Civ. App.-Corpus Christi-U.T. (Austin) Law Journal Assoc. Editor- Moot Ct.-Mock TrialSenate, Phi Delta Phi-clerking for National Bk. Commerce. Mike Parks- Sppreme Ct. of Texas (J. McGee), Texas A&M-Law Journal Managing Editor-Phi Delta Phi, magistrate. Pollard Rogers-Ct. of Civ. App. Houston (14th) (Chief J . Curtis Brown) D.T. Austin-B.A. Gov. & Pol. Sci.-Law Journal Comments Editor-Honor Ct. Justic~Senator-Phi Delta Phi.

Henry Shaw- Supreme CT. of Mo.-(J. Holman) U. of Miami-A.B. Pol. Sci.-Phi Delta Phi. . Patrick Sanders-Mo. Ct. App.-St. Louis (J. Joseph G. Stewart) St. Louis U.-B.S. finance-Summer Safety Supervisor for Fred Weber Construction.

.tc . . .
by Timothy O 'Shaughnessy

The Moot Court Board announces the institution of the Order of the Barristers here at the Law School. The Barristers is a national moot court honorary society originally formed at the University of Texas Law School. The Society is c, mprised of individuals recognized for o their excellence in oral advocacy. On Law Day this year St. Mary's will recognize several recipients of this award. Candidates must be seniors and have demonstrated excellence in successive Moot Court and Moot trial competitions. Persons desiring to apply or nominate individuals for this award should check the bulletin boards over the next few weeks or contact a member of the Moot Court Board for further information. Selection of final candidates will be made by a committee composed of members of the faculty, a member of the Moot Court Board, and the chairman of the San Antonio Junior Bar Association ~oot Court Committee. .J ,



February 20, 1976

Rape andthe P nal Code e
by Meg Morey

Nicolini to Jr. State Bar
by Kayo Mullins

On February 6, the Women's Law Association presented a seminar discussing recent changes in the law concerning rape and attitudes toward the subject in general. The Panel consisted of Sarah Weddington, State Representative; Carol Duncan, Coordinator of Volunteers for the Bexar County Rape Crisis Center; Charles Butts, who is an instructor in criminal law and procedure at St. Mary's, in private practice in San Antonio; and Sharon MacRae, who is currently a prosecutor with the Bexar County District Attorney's office. Carol Duncan reported that few rapes are actually reported. Victims are afraid to recount their experience for a variety of reasons. One prevalent opinion is that if a woman is raped, it is her own fault. Ms. Weddington participated in formulating the new Penal Code during the 1973 Legislature. At that time, the legislature was advised to change the law as little as possible. Even though the Code is fairly modern, Ms. Weddington made an effort in the 1975 session, to move toward a more general definition of the problem as "non-consensual sexual conduct", a description which would include sexual abuse of men and women. The original proposal excluded all prior sexual conduct of the victim from the trial. Instead, the bill changed the definition of consent in the Code slightly, extended the statute of limitations from 1 to 3 years (the same as other crimes), and provides for an in camera hearing to determine what evidence is relevant and admissible.

From the prosecutor's viewpoint, Sharon MacRae said rape is one of the most difficult crimes to deal with. Not only is the one witness to the crime usually unwilling to testify, but public opinion makes jury selection difficult. There is a general concensus that if a woman has consented to sexual relations with one man, she ·will consent with anyone. This is compounded by the fact that women jurors especially white, middle classwomen, tend to judge women more harshly then men jurors. As a result, prosecutors prefer women jurors, and defense attorneys prefer males. Charles Butts has both prosecuted and defended sexual offense crimes. He took the position that one should keep the rights of the individual in mind, the presumption of innocence, the right to confrontation and cross-examination of witnesses and the right to an open trial. He admitted that some defense attorneys do take advantage of the present system to drag out the victim'& past conduct, and destroy her testimony, but stressed .that this was not the proper way to defend an accused. As a defense attorney, he saw little problem with the changes, and recognized that the pre-trial hearing would protect the defendant on an appeal, and perhaps limit some of the abusive . practices of the past. Questions from the floor, and later comment by panel members brought out the fact that the law should reflect the more and attitudes of society as a whole.


Bill Robinso Service Center n

Use WITAN Want Ads To Unload An Outline Or Hitch A Ride Home Reasonable Rates Forms On East Lobby Bulletin Of Classroom Bldg.

The President of the State Junior Bar of Texas, Pike Powers, has appointed Don Nicolini, a first year law student at St. Mary's, to fill the newly created post of Law Student Director. This brings the total number of board directors to 30. The Junior Bar represents all licensed attornies in Texas 35 years of age and under. Of the approximately 25,000 lawyers in Texas about 13,000 are of Junior Bar age. As director, Nicolini will act as liason between the nearly 6,000 Texas law students and the Junior Bar. The post carries full voting privileges. He states his first task is to establish a procedure to allow rotation of the directorship. Th' will give student from each law school a opportunity to serve on the board. Another high priority goal is to secure appointments of law students to the various Junior Bar Committees. Nicolini recently attended a four day board meeting in Beaumont. There, he heard reports on the pre-paid legal services program scheduled for its final public hearing this month and on the legal specialization pilot program. A proposed deferred prosecution plan patterned after the present federal court's pilot program used in the Northern District of Texas was passed as the first plank towards a Junior Bar legislative program. The big issue at the meeting, according to Nicolini, was advertising. There was much discussion on this pressing proble of finding an adequate system to infor the public about individual lawyers and what they have to offer. Nicolini mentioned that there are over 60 committees in theJ unior Bar. One such committee is the Law Clerkship Committee. It's function is to aid law students in obtaining positions. Nicolini is available to aid law students at St. Mary's who desire a clerking position this summer, list of the committees, or a copy of the proposed deferred prosecution plan.


Prearranged Picl< Up Service & Deliver y

Complete Mechanical Service· Specialize in foreign car service

e tc •.•
Fraternity season is now in full blast. Watch the bulletin boards for information on smokers and rush parties. Incidentally, do not believe the rumor that fraternities are just for people who can't make friends. In mid-March, ASSAULT AND FLATTERY is coming up and the Student Bar has a number of activities in the works.

"Let us service you while you sleep"

February 20, 1976



Lawyer Advertising. • • (cont. from page 1)
. advertising is that many recent graduates and fees, and several encroachments are finding it difficult to develop a practice already have been made. Practically every on their own; and that referrals from the session of the legislature spawns courts and bar association lists are spread additional efforts to abolish contingent too thin. Without some means of publicity fees. Not the least of criticisms leveled there is no way they can get started. Some against lawyers have been in the area of have attempted to start legal clinics, payments for representation of the however, these have run into court indigent, the critics ignoring for all challenges from bar associations. The practical purposes the Constitutional California bar used it.s advertising ban to guarantees of "right to counsel" and the bring disciplinary action against the decisions of the Supreme Court. lawyers involved for using' a fictitious In an effort to solve the problem of the name and for holding a press conference ban on advertising, the American Bar when the "clinic" was opened. Association met with various groups last The controversy was crystallized, or at year in both Philadephia and Chicago, and leaSt spotlighted, by the Supreme Court of formulated a tentative plan towards the United States by the decision in liberalizing Canon 2. Essentially, the Goldfarb V. Virginia Star Bar 95 S.Ct. proposal would remove most of the (1975) which held the minimum fee restrictions on advertising, except any are subject to the anti-trust public communication containing a "false, laws and violate the Sherman Anti-trust fraudulent, misleading, deceptive or Act. Some read into the decision that bans unfair statement or claim". This, however, upon lawyer advertising might well come would not have any effect on existing within similar court chastisement. prohibitions against lawyers soliciting This overall attack, however, is not business on a one-to-one basis. Under the limited to the legal profession but plan lawyers also would be allowed to additionally is being directed at the state that they limit their practice to a medical profession as well as pharmacists. particular area or field of law, or that they The outcome of an FTG suite against the concentrate their practice in one or more pharmacists is likely to be determinative, areas of the law. A third change would or certainly have great significance, as to allow attorneys who also are Certified what the legal profession may expect. Public Accountants to identify themselves Not only is the legal profession under publicly as such and' to practice law and attack with regard to the advertising ban. accounting in the same office. The ABA There are increasing efforts to equate the committee defined a "false, fradulent ... profession with other "service organiza- deceptive· ... 'claim" as one which, among ltion". The Tunney Commission refers to other things, contains a misrepresentation 'us as the "Legal Services Industry" in its of fact, a client's self-laudatory comments and studies before Congress. about the lawyer, creates a false or There is an ever present push toward unjustified expectation, implies ability to Federal regulation of lawyers' services influence a judge or other public official, includes representations that will cause a reasonable person to be deceived, or makes only a partial disclosure. The board of Directors of the State Bar of Texas just this month passed a resolution instructing the Texas delegates to the ABA to oppose the plan also, the Board of the San Antonio Bar Association passed a similar resolution. The State Bar, however, recognizes that there is, in fact, a legitimate controversy and that it is incumbent upon the profession to study the situation open-mindedly with the eye toward making workable alternative proposals to the ABA. This is a problem that will not solve itself or just disappear into the sunset. It is incumbent upon the legal profession itself to bring about a practical, workable solution. A step toward is the advent of legal specialization. In 1975 Texas held for the first time examinations for specializations in the fields of Criminal, Family and Labor law, and the certification of specialists in those fields now is a reality. Further certifications are being extended and proposed in the Tax field and others. Certification as a specialist entitles such lawyer to advertise in a limited way by inserting his name and speciality in the yellow pages of the phone book, on his professional card and other specified ways. History has shown that advertising has potential for great harm. If it is allowed to go unregulated, the lowest common denominator will prevail, and the public will suffer injury. History also has shown there are numerous benefits to be gained from advertising. We are learning how to control the abuses so that it will work in the public interest .

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February 20, 1976 Mr. Barrera has been a member of many different legal organizations. As • member of the State Bar of Texas Roy Barrera has served as Vice-Chairman, of the Committee on Increasing Law Participation in Bar (Minorities); and as a member of many other Bar Committees. Mr. Barrera has been a charter member and past Director of the Texas Criminal Defense Lawyers Association Past member and past Chairman of the Committee 10 test and examine the qualifications for admission to practice befote the United States District Court, Western District of Texas; San Antonio Bar Association (Director, 1968-69; Second Vice-President, 1970-71; First Vice-President, 1971-72; President, 1973-74). Roy Barrera has belonged to a large number of civic organizations, served as Delegate and Secretary, Texas Delegation to the 1968 Democratic National Convention.

by Mike Holmes

Barrera Saluted

"HEARSA Y" will be a regularly appearing column in the WITAN. At the present time little information is available on St. Mary's alumni. Associate Dean Castleberry has mailed out questionnaires to graduates and as soon as replies begin arriving we will be able to report on it. A Director of Alumni Relations and Placement has been selected and will be officially announced in the near future. The Law School's Student Senate initiated an award to be given to an alumnus on Law Day who has distinguished himself or herself because of his or her contribution to the judicial system. From time to time we will feature an article on one of the recipients of this Distinguished Law Alumnus Award.

Roy R. Barrera, Sr. 50 was the recipient of the 1975 Distinguished Alumni Award. Since graduating from St. Mary's School of Law Mr. Barrera 'served as Assistant District Attorney, Bexar County, Texas, from 1951 to 1957. Mr. Barrera served as Grand Jury . Attorney and -Chief Prosecutor in felony cases. Around 1957 Mr. Barrera formed the law partnership for the general practice of law with Anthony Nicholas now incorporated under the firm name of Nicholas and Barrera, Inc., a Pro~essional Corporation. From March 10, 1968, to January 23, 1969, Mr. Barrera served as Secretary of State for the State of Texas by appointment of then Governor John Connally.

Election Law Upheld
control over the quantity and range of debate on public issues in a political campaign." The court also found fault with the government's administrative set-up for enforcing the campaign money rules and ruled that if Congress does not repair its structural deficiencies within 30 days, the commISSIOn will lose its executive functions. The Justices found the makeup of the Federal Election Commission to be unconstitutional because four of its six members are appointed by Congress rathe than by the President. The court found that the commission's power to bring civil enforcement actions and to determine candidate eligibility for public financing involves execution of the law and that such powers can be ha ndled only by "officers of the U.S." The Constitution

• • • (con't. from page 1)
Kennedy and Minority Leader Hugh Scott, would reconstitute the commission but would also provide for the public financing of Senate campaigns. The House bill is similar to the Schweiker bill and was introduced by Rep. Bill Frenzel. David Cohen, president of Common Cause, has said that the ability of Congress to repair the commissions' powers will depend on the willingness of House Democratic leaders to shove Rep. Wayne Hays (D.Ohio) aside. Hays. chairman of th House Administration Committee, was responsible for the existing law which required that four 0 the six commissioners be appointed by the Congress, and has vowed to abolish the old commission altogether in light of the Supreme Court decision.

authorizes only the President to appoint "officers of the U.S." the court noted. If the commission does not meet its 30 day deadline on revamping, no one in the government will have authority to distribute public funds that are playing major roles in the presidential primary campaign funding of the Democratic and Republican candidates. The commission has thus far.directed the U.S. treasurer to pay a total ot $4,098, 748.46 to the candidates. To date, three bills-twQ in the Senate and one in the House-have been introduced to save the commission. Sen. Richard Schweiker's bill would simply reconstitute the commission by changing the law to have all six voting commissioners appointed by the President. The other Senate bill, introduced by a coalition of senators led by Edward


Finkelstein Texas Bar Review
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Charles D. Butts, Tony Chauveaux, Linda Lame, Joe Casseb, John S. Aldridge, Meg Morey, Marianne Lipscombe, Kaya Mullins, Mike Holmes, “The Witan, 1975-1976 Academic Year, V. 3 No. 6, February 1976,” St. Mary's Law Digital Repository, accessed December 9, 2019,

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