Speeches by Chesterfield - Vol. V, 67-84. 1973

VOLUME V:

SPEECH NUMBER .TITLE OR GAOdP ADDRESSED

#67 1973 MEDICOLEGAL SYMPOSIUM
Las Vegas, Nevada ;
March .24, 1973

#68. SOCIAL CONCERNS OF.-PUBLI. UTILITIES, -
YESTERDAY, TODAY AND TOMORROW -
SOUTHEASTERN ELECTRIC EXCHANGE -
40th ANNUAL CONFERENCE-
Boca Ratoh, .Florida'
March 27,".1973

#69 AMERICAN JUDICATURE SOCIETY -
CITIZENS CONFERENCE -
Birmingham, Alabama
April 5, 1973

#70 PROFESSIONAL-UTILIZATION THE
.NEED FOR LAWYERS IN THE FUTURE -
ALUMNI DAY. -
NObRTHWESTERN SCHOOL OF LAW7 OF
LEWIS. AD CLARK COLLEGE
Portland, Oregon
April 21, 1973.

#71. EAS.T-WEST TRADE AS A-HARBINGER
OF WORLD PEACE-.-
LAW DAY CONFERENCE. ON EAST-WEST
TRADE -
UNIVERSITY OF GEORGIA LAW SCHOOL
Athens,. Georgia
April 27, 1973

#72 LAW.DAY.-
WASHTENAU COUNTY BAR ASSOCIATION -
Ann Arbor .Michigan .
May 1, 1973.

VOLUME V (cont.)

SPEECH NUMBER TITLE OR GROUP ADDRESSED

#73 THE ROLE OF THE AMERICAN BAR
ASSOCIATION IN SUPPORTING THE
FEDERAL JUDICIARY -
THE BAR ASSOCIATION OF THE
SEVENTH FEDERAL CIRCUIT -
Chicago, Illinois
May 15, 1973

#74 SOCIETAL CRISIS -- THE CASE
FOR SOCIAL COMMITMENT -
COMMENCEMENT EXERCISES -
NORWICH UNIVERSITY -
Northfield, Vermont
May 19, 1973

#75 JUDICIAL SELECTION: A QUESTION
OF EXCELLENCE OR MEDIOCRITY
MARYLAND JUDICIAL NOMINATING
COMMISSIONERS INSTITUTE -
Cockeysville, Maryland
May 24, 1973

#76 LAW SCHOOL ADMISSIONS COUNCIL
Port St. Lucie, Florida
June 5, 1973

#77 THE SUPPORTIVE ROLE OF THE
PRACTICING ATTORNEY OF THE
JUDICIARY -
GEORGIA JUDICIAL CONVOCATION -
Savannah, Georgia
June 6, 1973

#78 LAW THE PROTECTOR OF INTERNATIONAL
INVESTMENT -
SYMPOSIUM ON PRIVATE INVESTMENTS
ABROAD -
SOUTHWESTERN LEGAL FOUNDATION -
Dallas, Texas
June 14, 1973

VOLUME V (cont.)

SPEECH NUMBER TITLE OR GROUP ADDRESSED

#79 NATIONAL ASSOCIATION OF COLLEGE
AND UNIVERSITY ATTORNEYS -
Boston, Massachusetts
June 27, 1973

#80 NATIONAL COLLEGE OF THE STATE
JUDICIARY -
REMARKS TO JUDGES
July 19, 1973

#81 PARAPROFESSIONALS IN THE FUTURE
OF THE LEGAL PROFESSION -
THE NATIONAL ASSOCIATION OF
LEGAL SECRETARIES -
Hollywood, Florida
July 25, 1973

#82 LAKELAND AND BARTOW, FLORIDA
CHAMBER OF COMMERCE -
CHESTERFIELD SMITH DAY
Lakeland, Florida
July 30, 1973

#83 JOINT MEETING OF BAR ASSOC.,
LAW INSTITUTE AND AMERICAN
ASSOCIATION OF LAW SCHOOLS

#84 THE LEGAL PROFESSION AND THE
COMMUNITY -
CALIFORNIA STATE BAR ASSOCIATION -
CONFERENCE OF DELEGATES -
Disneyland, California
September 11, 1973

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 67

VOLUME V

CHESTERFIELD SMITH

AMERICAN BAR ASSOCIATION

BEFORE:

1973 MEDICOLEGAL SYMPOSIUM

DATE OF DELIVERY:

TITLE:

I

ADDRESS OF:

THE
OF REPRES
JUST ONE
A DATE OF
MEDICAL A
FOR THE F

CREATE ON OF THE NATIONAL CONFERENCE
ENTATIVES OF THE AMA AND THE ABA
SHORT YEAR AGO CAN TPRN OUT TO BE
HISTORICAL SIGNIFICANCE TO THE
ND LEGAL PROFESSIONS OF AMERICA.
lRST TIME, A PERMANENT, ONGOING

RELATIONSHIP BETWEEN
FESSIONAL ASSOCIATE
PROGRAM OF THIS MEE
OVER A WIDE SPECTRU
SUBJECTS, IS A POIG
EARLY PROGRESS OF T
GEST T THAT IT AUG.l

N OUR TWO GREAT PRO-
ONS WAS CREATED. THE
TING, RANGING AS IT DOES
M OF MEDICAL AND LEGAL
NANT INDICATION OF THE
HIS CONFERENCE. I SUG-
RS WELL FOR THE FUTURE.

-1-

-2-

DANIEL WEBSTER, IN DISCUSSING THE
LEGAL PROFESSION, SAID "THE LAW IT HAS
HONORED US MAY WE HONOR IT." WE HERE
TODAY CAN READILY ACKNOWLEDGE THAT OUR
TWO DISCIPLINES LAW AND MEDICINE HAVE
INDEED HONORED THOSE OF US WHO WORK IN

THEM. THEODORE ROOSEVELT SAI
OWES SOME OF HIS TIME TO THE
H!S PROFESSION." THIS CONFERE
OPPORTUNITIES FOR EACH OF US
HONOR UPON OUR CHOSEN PROFESS
THAN THAT, THIS CONFERENCE PE
GREAT PROFESSIONAL ORGANIZATI
AMERICAN MEDICAL ASSOCIATION
BAR ASSOCIATION -- TO ASSIST
TIVE DISCHARGE OF THE PUBLIC
SIBILITIES WHICH EACH OF OUR

D "EVERY MAN
BUILDING OF
NCE OFFERS
TO BESTOW
IONS.- MORE
RMITS OUR TWO
ONS -- THE
AND THE AMERICAN
IN THE COLLEC-
INTEREST RESPON-
INDIVIDUAL

MEMBERS ASSUMED WHEN THEY PERSONALLY ACCEPTED

-3-
THE MANTLE OF OUR RESPECTIVE PROFESSIONS.
OUR ASSOCIATIONS ARE NOT MERELY COMFORTABLE
GROUPS OF DOCTORS OR LAWYERS THEY ARE
VEHICLES USED BY DOCTORS AS AN ENTITY AND
LAWYERS AS AN ENTITY TO SERVE THE PUBLIC --
A PUBLIC COMPOSED OF OUR PATIENTS AND CLIENTS.
THIS CONFERENCE OF THE AMA AND ABE IS, AS
I VIEW IT, AN ENDEAVOR, IN CONCERT, TO
SERVE THAT PUBLIC INTEREST BY SEARCHING FOR
ANSWERS TO PRESSING SOCIETAL PROBLEMS IN
WHICH OUR TWO PROFESSIONS SHARE A COMMON-
ALITY OF INTEREST AND INVOLVEMENT.
WHILE THIS CONFERENCE HAS ALREADY
OPENED MANY NEW AVENUES FOR COMMUNICATION
BETWEEN OUR PROFESSIONS, I SUBMIT THAT
COMMUNICATION, HOWEVER IMPORTANT IT SURELY
IS, SHOULD NOT BE AN END IN ITSELF, BUT
RATHER BE ONLY A BEGINNING. COMMUNICATION

-4-

MUST BE COMPLEMENTED WITH DECISIVE AND
AFFIRMATIVE ACTION IF THIS CONFERENCE IS
TO DEAL WITH THE VERY REAL PROBLEMS OF
TODAY, IND THOSE OF THE FUTURE WHICH FACE,
OR WILL FACE, OUR CITIZENS.
OBVIOUSLY, THE DELIVERY OF HEALTH
SERVICES IS THE PRIME RESPONSIBILITY OF
THE MEDICAL PROFESSION. THE ROLE OF THE
LEGAL PROFESSION IN THAT AREA SHOULD, AT
THE MOST, BE SUPPORTIVE IN PROVIDING
TECHNICAL LEGAL ADVICE TO ASSIST THE
MEDICAL PROFESSION EFFECTIVELY IN DISCHAR-
GING ITS PRIME RESPONSIBILITY.
THE ENORMOUS SOCIAL AND POLITICAL
CONCERN FOR HEALTH SERVICES AND WITH
HEALTH-RELATED MATTERS THE GROWTH AND
COMPLEXITIES OF OUR MODERN WORLD THE

-5-
CHANGES IN PUBLIC ATTITUDES AND TECHNOLOG-
ICAL DEVELOPMENT POSE QUESTIONS WHICH,
IT SEEMS TO ME, SHOULD BE ADDRESSED BY THI
CONFERENCE IN THAT LIGHT.
JOINT ACTIVITY IN MANY AREAS COULD
WELL RESULT IN SUBSTANTIAL CONTRIBUTIONS
TO THE SOLUTION OF MANY OF THE ILLS WHICH
NOW FACE OUR SOCIETY. FOR EXAMPLE, WE
JOINTLY COULD DEVISE WAYS AND MEANS FOR
MORE EFFECTIVE MEDICAL CARE FOR PRISON IN-
MATES WE COULD SEEK TO DETERMINE WHAT
RIGHTS PRISONERS ACTUALLY HAVE TO MEDICAL
CARE. WE JOINTLY CAN REEVALUATE HOSPITAL
AND EMERGENCY ROOM STANDARDS OF LIABILITY
AND PERHAPS WE COULD OFFER BENEFICIAL
LEGISLATION IN THAT AREA. CERTAINLY,
THERE IS MUCH WHICH THIS CONFERENCE COULD
DO IN THE FIELD OF MALPRACTICE STANDARDS.

S

-6-

IT SEEMS TO ME TO BE EVEN PROBABLE THAT A
JOINT EFFORT IN THAT AREA MIGHT MITIGATE

THE CHILLING EFFECT THA
OR MISDIRECTED MALPRACT
HAD ON THE AVAILABILITY
IN EMERGENCY SITUATIONS
INCREASED AWARENESS OF
HEALTH AND REHABILITATE
COULD PLAY A MEANINGFUL

MINIMUM STANDARDS FOR MENTAL
AND CODES. CERTAINLY IT IS
THERE IS UNLIMITED ROOM FOR
ARY ACTIVITY IN THE AREA OF
JOINT ATTENTION MIGHT
TO THE MEDICAL-LEGAL ASPECTS
AND CONTROL OF VENEREAL DISE
ABUSE.

T SOME UNWARRANTED
ICE ACTIONS HAVE
OF MEDICAL SERVICES
. IN LIGHT OF THE
PROBLEMS OF MENTAL
ON, THIS CONFERENCE
ROLE IN DEVELOPING

HEALTH LAWS
OBVIOUS THAT
INTER-DISCIPLIN-
ORGAN TRANSPLANTS.
WELL BE GIVEN
OF PREVENTION
ASE AND DRUG

-7-
WE JOINTLY SHOULD HAVE SOMETHING TO
OFFER IF ANYBODY CAN IN LEGALLY DEFINING
DEATH ITSELF. IT SEEMS TO ME THAT MEDICAL
DOCTORS AND LAWYERS ARE THE PROPER ONES TO
ENGAGE IN EXTENSIVE DIALOGUE ON THE TROUBLING
QUESTION OF THE USE OF LIFE SUPPORT SYSTEMS
AFTER ALL HOPE OF A PATIENTt!S RECOVERY HAS
EXPIRED. BENEFICIAL SOLUTIONS OR PARTIAL
SOLUTIONS TO EXISTING PROBLEMS COULD BE
SUGGESTED BY OUR EFFORTS IN SUBJECT AREAS
SUCH AS EUTHENASIA, ARTIFICIAL INSEMINATION,
GENETIC MANIPULATION, CHILD ABUSE, POPULA-
TION CONTROL AND MANY OTHERS. THE SPECTRUM
IS BROAD AND INEXHAUSTIBLE. IN AN AGE IN
WHICH LIFE ITSELF MAY BE ARTIFICIALLY CREATED-
OR AVOIDED AND IN WHICH DEATH IS EQUALLY

SUBJECT TO
RESPONSE IBIL
PROFESSIONS
AWE-INSPIRI
TRADI
HAVE BEEN T
ON THE COLL
RESTS WITH
NATIONS, TH
NATION AND
INDIVIDUALS
CANNOT COMM,
TIGE WHICH
VOICE IS TO
HISTO!
FIND SOLUTII

-8-

MEDICAL MANAGEMENT, THE MUTUAL
CITIES OF THE MEDICAL AND LEGAL
IN SHAPING SOCIETIES/RULES ARE
NG.
TONALLY, LAWYERS AND DOCTORS.,
HE COMMUNITY S PROBLEM SOLVERS.
ACTIVE LEVEL, THAT RESPONSIBILITY
THEIR NATIONAL PROFESSIONAL ASSOC-
AT IS THE AMERICAN MEDICAL ASSOC-
THE AMERICAN BAR ASSOCIATION.
, NO MATTER HOW WILLING, SIMPLY
AND THE PUBLIC RESPECT AND PRES-
IS NEEDED IF OUR PROFESSIONAL
BE HEARD AND HEEDED.
RY HAS SHOWN THAT SOCIETY WILL
ONS AND ANSWERS TO ITS PROBLEMS,

WITH OR I THOUT THE LEADERSHIP OF THOSE
\

BEST

-9-
QUALIFIED TO WORK IN SOLVING PARTICULAR
PROBLEMS. I SUBMIT THAT IT IS THE OBLIGA-
TION OF THIS CONFERENCE TO PROVIDE INTER-
DISCIPLINARY LEADERSHIP IN ALL AREAS OF
JOINT MEDICAL AND LEGAL CONCERN TO HELP
SOCIETY AND ITS INSTITUTIONS CLEARLY TO
DEFINE IN THOSE AREAS THE GUIDELINES WHICH
WE CALL '&THE LAW. u

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 68

VOLUME V

rw4.uuiY~aa~;*nda~.M..Ma&.... u .

../ ,. .. i.# ..^ ---.r- h-.--, rri .. rir;' -

ADDRESS OF:

BEFORE:

DATE OF DELIVERY:

TITLE:

CHESTERFIELD SMITH

PRESIDENT-ELECT

AMERICAN BAR ASSOCIATION

SOUTHEASTERN ELECTRIC EXCHANGE

40TH ANNUAL CONFERENCE

BOCA RATON, FLORIDA

TUESDAY, MARCH 27, 1973

SOCIAL CONCERNS OF PUBLIC UTILITIES -

YESTERDAY, TODAY AND TOMORROW

TWENTY MINUTES

TIME:

PUBLIC UTILITIES AS WELL AS CORPORATIONS AND BUSINESSES

IN GENERAL ARE BEING SUBJECTED TO INCREASING ATTACK ON THE

GROUNDS THAT THEY ARE NOT RESPONSIVE TO THE PUBLIC GOOD AND

ARE INIMICAL TO THE TRUE NEEDS OF SOCIETY. SUCH CHALLENGES

ARE BY NO MEANS NEW. ANTI-CAPITALISM IS A PHILOSOPHY

DEVELOPED CONCURRENTLY WITH CAPITALISM ITSELF. OBJECTIONS TO

THE CONCEPT OF PROFIT AS A LEGITIMATE MOTIVE FOR ACTION LONG

PREDATE EITHER. IT SEEMS CLEAR THAT THE DAY WHEN THE CORPORATE

EXECUTIVE COULD IGNORE WHAT VOCAL AND ARTICULATE PEOPLE SAY IS

WP.RONG WITH WHAT HE OP HIS COMPANY DOES IF SUCH A DAY
EVEP EXISTED HAS LONG PASSED.
TODAY THE LEXICON OF CORPORATE ABUSE INCLUDES
SUCH TRIGGER WOPDS AS CONSUMER PROTECTION ECOLOGY.
EVEN IF THE LOUDEST COMPLAINTS SEEP' IPRATIONAL OR THE
MOST STRIDENT DEMANDS IMPOSSIBLE I SUGGEST THAT IT
WOULD BE A SERIOUS MISTAKE FOR A PUBLIC UTILITY EXECUTIVE
TO DISMISS ALL OF THOSE WHO SEEK PEFOP[M OP TO ASSUME
THAT THE OUTCRY .FOR HONEST DEALING AND A WHOLESOME ENVI-
RONMENT IS OTHER THAN A LEGITIMATE AND VERY REAL
REQUI RE.ENT.
UTILITY COMPANIES APE AND ALWAYS HAVE BEEN -
THE TARGETS OF PEFOPflEPS, YOU OF COURSE KNOW THIS
BETTER THAN ANYnNE BUT AS A LAWYER I KNOW THAT THEY
ARE GOOD TARGETS; THEY ARE HIGHLY VISIBLE; THEY
DEAL IN COrIODITIES AND SERVICES WHICH ARE INTIMATELY
AND IPREVOCABLY INVOLVED IN OUR TOTAL ECONOMY; THEY
DAILY TOUCH THE PERSONAL LIFE OF EVERY INDIVIDUAL;
THEY ARE REGULATED IN A MANNEPR WHICH QUITE EASILY PER-
FMITS THE FORUm FOR DISPUTE TO INCLUDE BOTH ADMINISTRATIVE
AND LEGISLATIVE ARENAS; AND THEY APE VULNERABLE
BECAUSE THEIR ENORMOUS CAPITAL PEQUII .REENTS, AKE THEM
RELATIVELY INFLEXIBLE,

-2-

IN A FENEPALIEDn SENSE IT SEErS TO rE THAT
WHAT IS BEING REQUIRED OF PUBLIC UTILITIES TODAY BY A
RESPONSIBLE r-JORITY OF BOTH OUR CITIZENS AND OUR LEG-
ISLATORS IS THAT THEY ASSI!ME A BPOADER RESPONSIBILITY
FOR ALL THE CONSEQUENCES OF THEIR ACTIVITY. TO
PRODUCE A PRODUCT OR SERVICE EFFICIENTLY AND MAKE IT
WIDELY AVAILABLE AT THE LOWEST COST IS NO LONCEP SIUF-
FICIENT JUSTIFICATION TO THAT !PJORITY FOR THE TOTAL
ACTIVITIES OF A PUBLIC UTILITY ENTERPRISE.
"EXTERNALITIES" THOSE EXTERNAL COSTS AND
BENEFITS NOT REFLECTED IN THE MARKET SYSTEM FUST NOW
BE JUST AS FULLY CONSIDERED BY THE PUBLIC UTILITY EXEC-
UTIVE AS THEY HAVE LONG BEEN CONSIDERED BY THE ECONOMIST
AND THE POLITICAL THEORIST. A POWER PLANT PROCESS
WHICH REMOVES COOL WATER FROM .A RIVER HEATS IT AND
RETURNS THERMALLY POLLUTED WATER TO THAT STREAK IS AN
EXAMPLE. THEPE IS A COST A VERY REAL COST TO SUCH
A PROCESS, THE OPERATION OF SUCH A POWER PLANT DOES
CONSUME VALUABLE RESOURCES COOL WATER AND CLEAN AIR,
THE DIFFICULTY HAS BEEN THAT NEITHER THE WATER NOR THE
AIR CONSVPPTION HAS TRADITIONALLY BEEN REFLECTED IN THE
ACCOUNTING SYSTEM UTILIZED TO DETERMINE THE ULTIMATE FAIR
PRICE OF THE FINISHED UTILITY SERVICE. BECAUSE NO

-3-

ONE PAYS IN A SPECIFIC SENSE FOR THE COOL WATER AND
CLEAN AIR CONSUMED SOCIETY AS A WHOLE MUST BEAR THE

COST. BUT OF COURSE ALL OF THAT HAS BEEN UNDER
SUBSTANTIAL CHANGE FOR SEVERAL YEARS AND I FOR ONE
THINK IT IS PROPER. REGULATION IN THE ENVIRONMENTAL
FIELD IS INCREASINGLY COMPELLING THE INTERNALIZATION
OF WHAT WERE PREVIOUSLY EXTERNALITIES; BUT A MAJOR
MOVEMENT WHICH HAS NOT YET DEVELOPED INTO A PERCEPTIBLE
NATIONWIDE PATTERN IS THE INCREASING DEMAND THAT PUBLIC
UTILITIES MUST BE RESPONSIBLE FOR THE EXTERNALITIES OF
THE SYSTEM AS A WHOLE THAT IS THAT THE PUBLIC UTIL-
ITY MUST BE ACCOUNTABLE FOR ALL OF THE CONSEQUENCES OF
BOTH THE PRODUCTION AND THE USE OF ELECTRIC POWER IN
GENERAL INCLUDING THE QUANTITY OF POWER WHICH !PAY BE
USED BY CONSUMERS FOR SPECIFIC PURPOSES, IN ANY EVENT -
WE CAN ALL READILY ACKNOWLEDGE THAT PUBLIC UTILITIES ARE
BEING REQUIRED TO BE INCREASINGLY INVOLVED IN THE WELFARE
OF THE PUBLIC AT LARGE AT LEAST AS rUCH AS THAT OF THEIR
STOCKHOLDERS THEIR EMPLOYEES AND THEIR CUSTOMERS -
AND THAT THAT TREND IS ON A GEOMETRICALLY INCREASING CURVE.,
SINCE ALMOST EVERYONE UNDER OUR SYSTEM IS A
CUSTOMER IN SOME DEGREE OF PUBLIC UTILITY COMPANIES -
THE ISSUES WITH WHICH SUCH COMPANIES ARE REQUIRED TO

-4-

DEAL APE BASIC TO ALL ASPECTS OF OUR ECONOMY 'AND OUR
SOCIETY. IT IS NOW COMMON TO SPEAK OF THE "SOCIAL
RESPONSIBILITIES" OF CORPORATIONS. THAT CORPORATIONS
HAVE SUCH RESPONSIBILITIES IS NOT WIDELY QUESTIONED.
MANY COMPANIES SPEND ENORMOUS SUMS OF MONEY TRYING
TO FULFILL THESE RESPONSIBILITIES OR AT LEAST -
.TRYING TO CONVINCE THE PUBLIC THAT THEY APE DOING SO.
AS AN EXTREME EXAMPLE OF SO-CALLED SOCIAL
RESPONSIBILITY ELECTRIC PUBLIC UTILITIES HAVE BEEN
CRITICIZED BY SOfME TUNNEL-VI-SIONED ENVIRONMENTALISTS
FOR DOING THE VERY THING FOR WHICH THOSE PUBLIC UTILITIES
WERE CREATED THAT IS GENERATING ELECTRICITY,
THOSE CRITICS QUITE OFTEN ASSERT IN THE MOST DOGMATIC
OF WAYS THAT THE PUBLIC INTEREST WOULD BE BEST SERVED
BY NOT EXPANDING OR PERHAPS EVEN CONTRACTING THE
EXISTING ELECTRIC POWER GENERATING FACILITIES. THEY
CALL FOR A RETURN TO AN EARLIER AND SIMPLER WAY OF LIFE,
THEY SUGGEST THAT THE SOCIAL RESPONSIBILITY OF THE PUBLIC
UTILITY MAY PPEVENT IT FROM CONSIDERING POTENTIAL DEMAND
AS A MAJOR CRITERIA IN PLOTTING ITS FUTURE.
ON THE OTHER HAND EVEN THOSE WHO 'INSIST
MOST STRENUOUSLY ON THE SOCIAL RESPONSIBILITIES OF

-5-

CORPORATIONS OBSERVE RIGOROUS LIMITS. GENERALLY -
THEY APE UNWILLING TO GRANT TO A PUBLIC UTILITY THE UN-
BRIDLED POWER TO CONTROL ITS OWN ACTIVITIES. IT IS
THOUGHT BY THEM TO BE WHOLLY IMPROPER AND II! SOME
CONTEXTS ILLEGAL THAT PUBLIC UTILITY CORPORATIONS
SHOULD SEEK TO INFLUENCE POLITICAL AND SOCIAL DECISIONS.
SOCIAL RESPONSIBILITY IS SEEN .- THEREFORE BY THEM TO
BE RESPONSIVENESS TO THEIR OWN PRECONCEIVED POSITIONS.
THE RESPONSIBLE PUBLIC UTILITY IS ONE TO THEM WHICH
IS RESPONSIVE TO A BROAD RANGE OF DEMANDS B!T DEMANDS
WHICH THEY HAVE BY PREDETEPIRMINED UNEVEN AND
LARGELY UNDEFINED STANDARDS CONCLUDED TO BE AREAS.
OF HIGH SOCIETAL CONCERN,
SEVERAL APPROACHES TO INCREASING CORPORATE
RESPONSIVENESS HAVE BEEN URGED. IT HAS BEEN ARGUED
THAT BOARDS OF DIRECTORS OUGHT TO BE RESTRUCTURED
TO INCLUDE "PUBLIC" MEMBERS, APPARENTLY A "PUBLIC"
MEMBER IS AN INDIVIDUAL WHOSE CONSTITUENCIES IS OTHER
THAN THE CORPORATE STOCKHOLDERS BUT THAT IS NOT QUITE
CLEAR. IF SO THE CONSU'IER MEMBEPS OF THE BOARD
OF DIRECTORS FIGHT BE PRINCIPALLY CONCERNED WITH THE
INTERESTS OF THE CORPORATION'S CUSTOMERS WHILE PRE-
SUIMABLY THE ENVIRONMENTAL rEMBEPS WOULD BE ACCOUNTABLE

-6-

TO SOCIETY AT LARGE. TO ME PERSONALLY"- IT IS QUITE
CLEAR THAT SUCH A PADICAL RESTRIICTURING OF A PUBLIC UTILITY
CORPORATION IS NEITHER PRACTICAL NOR DESIRABLE, IT
SHOULD BE NOTED HOWEVER THAT MANY CORPORATIONS -
INCLUDI'NG PUBLIC UTILITIES HAVE UNDERTAKEN TO BROADEN
THE BASE FROM WHICH DIRECTORS APE CHOSEN BY SELECTING
MEMBERS OF RACIAL MINORITIES YOUNGER PERSONS ANDP WOVEN
WHILE SUCH DEVELOPMENTS MAY RESULT IN BOARDS WITH A WIDER
EXPERIENCE AND A GREATER VARIETY OF APPPROACHES.TO POLICY
DECISIONS THE BASIC OBLIGATIONS OF ALL DIRECTORS TO THE
COMPANY AS AN ENTITY HAVE NOT CHANGED AND THAT IS AS IT
SHOULD BE.,
RESPONSIVENESS HAS BEEN REQUIRED IN THE FORM
OF GREATER DEMANDS FOR FULL AND EXACTING INFORMATION
ABOUT CORPORATE PLANS AND OPERATIONS, THAT IS OF
COURSE AN AREA NHICH PAY BE PECULIARLY SENSITIVE FOR
PUBLIC UTILITY COMPANIES, AS-HERETOFORE SUGGESTED -
THE MASSIVE CAPITAL INVESTMENT ESSENTIAL IN FIXED
OPERATING PLANTS MAKE POST PUBLIC UTILITIES SIGNIFICANTLY
DEPENDENT ON LONG-PANGE PLANNING AND COMMITMENT TO
SPECIFIC COURSES OF ACTION,
THE CPOFBINATION OF THE NEED TO MAKE FIRM
LONG-RANGE DECISIONS AND THE MASSIVE CONSEQUENCES OF

-7-

THOSE DECISIONS HPVE PRODUCED THE FRAMEWORK IN WHICH
THE DIFFICULT AND CONTROVERSIAL PPOBLEP'S FACING PUBLIC
UTILITY COMPANIES TODAY tOST BE RESOLVED.
NO RECENT ENVIRON!'"ENTAL ISSUE HAS RECEIVED
MORE PUBLIC ATTENTION OR BEEN THE SUBJECT OF VORE LITI-
GATION THAN THE LOCATION OR "SITING" OF POWER GENERATING
FACILITIES. A BRIEF EXAMINATION OF THAT PROBLEfM AY.
ILLUSTRATE SEVERAL OF THE ISSUES WHICH VUST BE CONSIDERED
AS PART OF A PUBLIC UTILITY'S SOCIAL RESPONSIVENESS.
THE INITIAL PROBLEM IS IN DESCRIBING THAT
TO WHICH OR TO WHOM THE PUBLIC.UTILITY FUST RESPOND,
YESTERDAY IT WAS SUPPOSED THAT.THE ULTIMATE RESPONSE
WAS TO THE OWNEPSI TODAY SATISFACTION OF CUSTOMERS
IS SOUGHT AS A DEVICE TO INSURE PROFIT FOR STOCKHOLDERS
AND THE COMPANY MUST ALSO RESPOND TO ITS OWN- EMPLOYEES
IN WAYS WHICH OFTEN GO BEYOND A NARROWLY DEFINED EM-
PLOYMEN.T. RELATIONSHIP. TOMORROW -,THE YET UNRESOLVED
BUT IMMEDIATE PROBLEM WILL BE TO IDENTIFY THE PUBLIC -
THAT GREAT fASS SEGMENT PULLED FROf OUR POPULATION AS A
WHOLE TO WHOSE DEMANDS A PUBLIC UTILITY MUST RESPOND,
THE DIFFICULTY OF COURSE IS THE INDISPUTABLE FACT THAT
-THERE IS NO SINGLE PUBLIC NOR EVEN ANY LARGE SEGMENT
THEREOF WITH CONSISTENT DEMANDS,

o

-8-

THOSE ENVIPONrMENTALISTS WHO NOW CALL FOR A
RETURN TO A SIPPLEP WAY OF LIFE POSE DIFFICULT POLITICAL
AND SOCIAL CONSEQUENCES WITHOUT SUGGESTING THE ANSWER
OR WHO IS TO ANSWER THEM,. OFTEN IT APPEARS THAT
WHITE FIDDLE-CLASS SUBURBANITES APE ARGUING THAT
GHETTO RESIDENTS REALLY DO NOT NEED AIR CONDITIONERS -
BET THEY DEMAND THAT THE PUBLIC UTILITY TAKE THAT
POSITION RATHER THAN THEY. IF THE TOTAL AJIOUNT OF '
AVAILABLE ELECTRIC POWER IS TO BE RESTRUCTURED BY LIM-
ITING ANY EXPANSION OF EXISTING GENERATING PLANTS THE
PROBLEM OF PUBLIC UTILITIES IN DISTRIBUTING WHAT IS
AVAILABLE WILL BECOME ACUTE BUT THOSE WHO ADVOCATE
THAT COURSE SUGGEST NO WAYS TO FAIRLY AND EQUITABLY
SOLVE IT. IT SEEMS TO FE THAT THE SAME PRINCIPLE
IS INVOLVED IN THE LESS EXTREME CASE BY THOSE WHO tAY
ELECT INCREASED UTILITY BILLS AS A METHOD OF FINANCING
POLLUTION ABATE.MENT. THIS PAY -REPRESENT THE ACTUAL
PRIORITIES OF THOSE WHO CAN AFFORD TO MAKE THE CHOICE -
BUT IS THE SAME TRUE OF THOSE WHO CANNOT?
I WHAT ARE THE RIGHTS OF THOSE WHO OPPOSE THE
DEVELOPMENT OF A POWEP PLANT SITE FOR ELECTRIC GENERATION
IN A REMOTE UNDEVELOPED APEA ON THE GROUNDS THAT IT WILL
DESTROY PHYSICAL AND CULTURAL AMENITY IN THAT AREA

-9-

. ...__ _ C Y I . .. .. ..... ... ....... ."' .

RELATIVE TO THE RIGHTS OF THE RESIDENTS OF A DISTANT
METROPOLIS WHO WOULD BENEFIT FROM THE GREATER AVAIL-
ABILITY OF LOW COST POWER OR CLEANER AIR. SHOULD
THE FACT THAT THE ADDITIONAL ELECTRIC POWER COULD BE
USED FOR PASS URBAN TRANSPORTATION OR IN OTHER WAYS
WHICH MAY HAVE POSITIVE ENVIRONMENTAL CONSEQUENCES IN
THE DEVELOPED AREA BE BALANCED AGAINST THE ENVIRON-
MENTAL IMPACT IN THE UNDEVELOPED AREA? IF SO HOW
IS THE DETERMINATION TO BE MADE?
THE CLASSIC DILEMA CAN BE ILLUSTRATED BY
THE RECENT PROPOSAL BY A PUBLIC UTILITY TO CONSTRUCT
A MASSIVE FACILITY INTO WHICH IT PUMPED AND STORED
WATER, THE IDEA THEN WAS THAT .EXCESS ELECTRIC POWER
DURING NON-PEAK LOAD PERIODS WOULD BE USED BY THE PUBLIC
UTILITY TO PUMP WATER INTO THE MAN-.ADE STORAGE AREA,
DURING PEAK LOAD PERIODS THE WATER WOULD BE USED AS A
SOURCE OF HYDROELECTRIC POWER, THE RESULT IN THE
OPINION OF THE PUBLIC UTILITY WOULD HAVE BEEN AN EX-
PANSION OF TOTAL POWER AVAILABLE WHICH IN TURN WOULD
PERMIT SEVERAL OLDER POWER PLANT FACILITIES TO BE
ABANDONED, THOSE OLDER FACILITIES LOCATED WITHIN
A VERY LARGE MUNICIPALITY Y WERE AND IH FACT ARE AMONG
THE MAJOR CONTRIBUTORS TO THE VETPOPOLITAN AIR POLLUTION

-10-

PROBLEMS, HOWEVER 'Ill THE VIEW' OF SOME OPPOSING
ENVIRONMENTALISTS THE PRINCIPAL RESULT OF THE PROJECT
WOULD HAVE BEEN THE PASSIVE DESTRUCTION OF NATURAL AND
AESTHETIC VALUES AT THE PROPOSED SITE OF THE PUMPING
FACILITY. WHO SHOULD MEDIATE BETWEEN THAT PART OF
OUR SOCIETY SEEKING TO REDUCE AIR POLLUTION IN AN URBAN
CENTER AND THAT PART URGING THE PRESERVATION OF NATURE
AND BEAUTY IN UNDEVELOPED AREAS?
THE PUBLIC UTILITY COMPANY FACES THESE PROBLEMS
IN THE CONTEXT OF OVERLAPPING JURISDICTURES OF FEDERAL -
STATE AND LOCAL REGULATORY AGENCIES, IT HAS BEEN
ESTIMATED THAT THE NEW CONSTRUCTION OF A MAJOR FOSSIL
FUEL GENERATING PLANT MIGHT REQUIRE AS rANY AS THIRTY-TWO
(32) SEPARATE DISCRETIONARY PERMITS FROM GOVERNMENTAL
AGENCIES. THE SITUATION MAY BE EVEN PORE EXTREME IN
THE CASE OF A NUCLEAR FACILITY.
IT SEEMS TO ME THAT THIS IS AN AREA IN WHICH
THE LEGAL PROFESSION AS AN ENTITY rAY BE ABLE TO OFFER
.CONCRETE ASSISTANCE, ONE LARGE LOCAL BAR ASSOCIATION
IN NEW YORK HAS ALREADY COMPLETED A STUDY OF THE LEGAL
ASPECTS OF POWER PLANT SITING MAKING A NI1UBEP OF
RECOMMENDATIONS AS TO THE STRUCTURE OF GOVERNMENTAL
REGULATION IN THIS AREA, THE AMEPICAN BAR ASSOCIATION

-11-

__li I

IS NOW CARRYING OUT A STUDY OF INDUSTRIAL PLANT LOCATION
IN GENERAL. IT HAS BEEN SUGGESTED THAT MICH OF WHAT
HAS BEEN! LEARNED ABOUT POWER PLANT SITING WILL HAVE
APPLICATION TO THE WIPER RANGE OF PROBLEMS INVOLVING ALL
NEW INDUSTRIAL CONSTRUCTION WHICH MAY HAVE A REGIONAL
ENVIRONMENTAL IMPACT. WHEN THE AREPICAN BAR ASSOCIATION
COMPLETES ITS STUDY I HOPE THAT YOU AND OTHER INDUSTRIALISTS
WILL CAREFULLY CONSIDER ITS PECOMiENDATION SO THAT WE fIGHT
THEREAFTER JOINTLY ATTEMPT TO IMPLEt'ENT THOSE CHANGES IN!
LAWS AND REGULATIONS WHICH OUR ORGANIZATIONS AND OTHER
INTERESTED G-ROIIPS HAVE CONCLUDED TO BE RIGHT AND PROPER.
THE ISSUES SURROUNDING THE GENERATION! OF'
ELECTRICITY AND ITS USE AS WELL AS ISSUES INVOLVED
IN THE USE OF OTHER ENERGY SOURCES INVOLVE BASIC
POLICIES WHICH SHOULD ONLY BE DETEPIMINED BY SOCIETY AT
LARGE.
MANY PUBLIC UTILITY EXECUTIVES REASONABLY
CONCERNED WITH WHAT INCREASINGLY APPEARS TO BE AN ENERGY
CRISIS IN THIS COUNTRY HAVE BEEN SHOCKED BY WHAT HAS
APPEARED TO THEP TO BE THE IMPROPER USE BY ENVIRON-
I'ENTALISTS OF COURTS OF LAIW. OBVIOUSLY A SYSTEM
WHICH REQUIRES MULTIPLE BUT SEPARATE OVFPN E.NTAL PERMITS -
SOPE AT THE LOCAL LEVEL SOME AT THE STATE AND SO'"E AT.

-12- o_

THE FEDERAL ENCOURAGES' LITIGATION 'FILED 'ONLY TO IMPEDE
OR DELAY THE CONSTRUCTION OF NEW GENERATING CAPACITY -
AND IN VANY CASES THAT HAS APPEARED TO BE THE PRIWE OR
EVEN THE SOLE PURPOSE OF THE COURT ACTION, ON THE
OTHER HAND THE ENVIRONMENTALISTS ARGUE THAT PRESENTLY
THERE IS NO FORUJ" IN WHICH THE FUNDAMENTAL ISSUES OF HOW
rUCH POWER SHOULD BE GENERATED AND TO WHAT PURPOSES IT
SHOULD BE PUT CAN BE PRESENTED AND DETERMINED. BE-
CAUSE THEPE CAN BE NO JOINING OF ISSUE ON THOSE FUNDA-
MENTAL MATTERS THE ENVIRONMENTALISTS "DO WHAT THEY
CAN DO" .OTHERWISE AND THEY APPARENTLY QUITE RIGHTEOUSLY
FEEL THAT IT. IS RIGHT AND PROPER THAT THEY USE THE COURTS
FOR DELAY EVEN THOUGH THE COURT IN THE END WILL NOT
DECIDE THEIR ISSUE OR EVEN CONSIDER IT,
IN MY OPINION NEITHER THE COURTS NOR THE
ENVIRONMENTALISTS NOR PUBLIC UTILITY EXECUTIVES SHOULD
HAVE EITHER THE RESPONSIBILITY OR THE PRIVILEGE OF DECIDING
THESE FUNDAMENTAL ISSUES. THAT IS NOT TO SAY THAT
-THESE ISSUES OUGHT NOT TO BE FACED. QUITE THE CON-
TRARY I SPUBIT THAT IT IS A MATTER OF URGENT NECESSITY
THAT THE DECISION-P~AKING PROCESS BE RESTRUCTURED SO THAT
THOSE ISSUES CAN BE RESOLVED BY COMPETENT AND FULLY INFORMED
PUBLIC AUTHORITY AND THAT PUBLIC UTILITY EXECUTIVES SHOULD

-13-

DEVOTE THEIR GREAT EXPERTISE AND SUBSTANTIAL 'INFLUENCE
TO ACHIEVE THAT RESULTS
PUBLIC UTILITY COMPANIES SHOULD AID SOCIETY IN
DETERMINING THOSE ISSUES BY CONTINUING TO BE OPEN IN THEIR
DEALINGS WITH LEGISLATURES WITH REGULATORY BODIES AND
WITH THE PUBLIC, I SUGGEST THAT PUBLIC UTILITY EXEC-
UTIVES HAVE THE RIGHT THE DUTY AND THE OBLIGATION TO
PROVIDE ACCURATE INFORMATION ABOUT POLICY ALTEPNATIVES'-
BUT THAT IN DOING SO THEY OUGHT NOT TO RESORT TO SCARE
TACTICS TO COERCE SELECTION AMONG THOSE ALTERNATIVES,
AN EXTREMELY HIGH STANDARD OF CORPORATE AND PERSONAL
ETHICAL STANDARDS WILL NOT ONLY MAKE IT POSSIBLE FOR
INFORMED DECISION'S TO BE P.ADE BUT IT WILL IN TIIE
RESTORE I'iUCH OF THE PUBLIC CONFIDENCE IN PUBLIC
UTILITIES WHICH HAS IN RECENT YEARS BEEN DISSIPATED
BY THE RECURRING ATTACKS MOTIVATED BY EVEP-INCREASING
RATES AND BY EVER-INCREASING GENERATING CAPACITY -
REGARDLESS OF WHETHER ANY OF THOSE ATTACKS WERE
MERITORIOUS.
YOU AS CHIEF EXECUTIVES OF PUBLIC UTILITIES -
ARE OBVIOUSLY ON THE FIRING LINE. BUT YOU HAVE BEEN
THERE BEFORE AND IF YOU HAD NOT MEASURED UP THEN YOU
WOULD NOT BE HERE TODAY. AS A LAWYER WITH BOTH PUBLIC

-14-

UTILITY TIES AND PUBLIC'AND PROFESSIONAL RESPONSIBILITIES -
IT SEEMS TO rE THAT YOUR PRIMARY INTEREST MUST NOW SHIFT
FROM THE EFFICIENT GENERATION OF ELECTRICITY TO THAT OF
ACHIEVING FAIR REGULATION OF YOUR OWN COMPANY. FAIR
REGULATIONS CAN ONLY COrE ABOUT THROUGH INFORrED DEDICATED
.EN WHO PRE ELECTED APPOINTED OP OTHERWISE ENTRUSTED WITH
THAT PUBLIC RESPONSIBILITY AND IT IS UP TO EACH OF US AS
CITIZENS AS PUBLIC UTILITY EXECUTIVES AND AS LAWYERS -
TO SEE THAT THE PUBLIC UTILITIES ARE PECULATED ONLY BY
MEN OF HIGH CHARACTER AND REASONED ABILITIES.
I HAVE BEEN ADVISED THAT fANY OF THE PUBLIC
UTILITY EXECUTIVES HERE TODAY ARE LAWYERS THOSE WHO ARE
THUS ARE TY CONSTITUENTS AND I AM THEIR SPOKESMAN. AS
LAWYERS EACH OF THEM IS OR SHOULD BE CONCERNED ABOUT
ALL THAT I DO AS PRESIDENT OF THE AMEPICAN BAR ASSOCIATION.
THE SAIE IS TRUE OF YOU IN YOUR RESPONSIBILITIES TO YOUR
STOCKHOLDERS YOUR EMPLOYEES YOUR. CUSTOMERS AND ABOVE
ALL THE GENERAL PUBLIC TO WHOM WE OWE THE HIGHEST PESPONSI-
BILITY OF ALL. I AM AS A MEMBER OF THE GENERAL PUBLIC -
A CONSTITUENT OF YOURS AND I AM INTERESTED IN WHAT YOU SAY
AND DO. IT IS NOT ENOUGH IN THE DISCHARGE OF YOUR PUB-
LIC DUTY TO RUN YOUR COMPANY WELL IT IS NOT EVEN ENOUGH
FOR YOU TO BE DEEPLY INVOLVED IN CIVIC AFFAIRS OR STATE

-15-

AND LOCAL POLITICS YOU NOW IlIST BE INVOLVEFi IN PUNNING
THE NATION, YOU MUST AS A RESPONSIBLE PUBLIC UTILITY
EXECUTIVE HELP IN EVERY POSSIBLE WAY TO SHAPE OUR SOCIETY
FOR THE ULTIMATE GOOD OF ALL.

-16-

-- it

"SOCIAL CONCERNS OF PUBLIC UTILITIES -
YESTERDAY, TODAY AND TOMORROW"

REMARKS OF:

BEFORE:

CHESTERFIELD SMITH
President-Elect, American Bar Association

SOUTHEASTERN ELECTRIC EXCHANGE
40TH ANNUAL CONFERENCE
BOCA RATON, FLORIDA

TUESDAY, MARCH 27, 1973

Public utilities as well as corporations and businesses in general are
being subjected to increasing attack on the grounds that they are not re-
sponsive to the public good and are inimical to the true needs of society.
Such challenges are by no means new. Anti-capitalism is a philosophy de-
veloped concurrently with capitalism itself. Objections to the concept of
profit as a legitimate motive for action long predate either. It seems
clear that the day when the corporate executive could ignore what vocal and
articulate people say is wrong with what he or his company does if such a
day ever existed has long passed.

Today the lexicon of corporate abuse includes such trigger words as consumer
protection and ecology. Even if the loudest complaints seem irrational -
or the most strident demands impossible I suggest that it would be a serious
mistake for a public utility executive to dismiss all of those who seek re-
form or to assume that the outcry for honest dealing and a wholesome en-
vironment is other than a legitimate and very real requirement.

Utility companies are and always have been the targets of reformers.
You of course know this better than anyone but as a lawyer I know that
they are good targets; they are highly visible; they deal in commodities
and services which are intimately and irrevocably involved in our total
economy; they daily touch the personal life of every individual; they are
regulated in a manner which quite easily permits the forum for dispute to
include both administrative and legislative arenas; and they are vulnerable
because their enormous capital requirements make them relatively inflexible.

In a generalized sense it seems to me that what is being required of public
utilities today by a responsible majority of both our citizens and our leg-
islators is that they assume a broader responsibility for all the consequences
of their activity. To produce a product or service efficiently and make it
widely available at the lowest cost is no longer sufficient justification
to that majority for the total activities of a public utility enterprise.

"Externalities" those external costs and benefits not reflected in the
market system must now be just as fully considered by the public utility
executive as they have long been considered by the economist and the political
theorist. A power plant process which removes cool water from a river heats
it and returns thermally polluted water to that stream is an example.
There is a cost a very real cost to such a process. The operation of such
a power plant does consume valuable resources cool water and clean air.
The difficulty has been that neither the water nor the air consumption has
traditionally been reflected in the accounting system utilized to determine
the ultimate fair price of the finished utility service. Because no one pays
in a specific sense for the cool water and clean air consumed society as a
whole must bear the cost. But of course, all of that has been under substantial
change for several years, and I for one think it is proper. Regulation in the
environmental field is increasingly compelling the internalization of what were
previously externalities; but a major movement which has not yet developed into
.a perceptible nationwide pattern is the increasing demand that public utilities
must be responsible for the externalities of the system as a whole that is -

-2-

that the public utility must be accountable for all of the consequences of
both the production and the use of electric power in general including the
quantity of power which may be used by consumers for specific purposes. In
any event, we can all readily acknowledge that public utilities are being
required to be increasingly involved in the welfare of the public at large -
at least as much as that of their stockholders their employees and their
customers and that that trend is on a geometrically increasing curve.

Since almost everyone under our system is a customer in some degree of public
utility companies the issues with which such companies are required to
deal are basic to all aspects of our economy and our society. It is now
common to speak of the "social responsibilities" of corporations. That
corporations have such responsibilities is not widely questioned. Many
companies spend enormous sums of money trying to fulfill these responsibilities
or at least trying to convince the public that they are doing so.

As an extreme example of so-called social responsibility electric public
utilities have been criticized by some tunnel-visioned environmentalists for
doing the very thing for which those public utilities were created that is,
generating electricity. Those critics quite often assert in the most
dogmatic of ways that the public interest would be best served by not ex-
panding or perhaps even contracting the existing electric power generating
facilities. They call for a return to an earlier and simpler way of life.
They suggest that the social responsibility of the public utility may prevent
it from considering potential demand as a major criteria in plotting its future.

On the other hand, even those who insist most strenously on the social re-
sponsibilities of corporations observe rigorous limits. Generally, they are
unwilling to grant to a public utility the unbridled power to control its own
activities. It is thought by them to be wholly improper and in some con-
texts illegal that public utility corporations should seek to influence
political and social decisions. Social responsibility is seen, therefore,
by them to be responsiveness to their own preconceived positions. The re-
sponsible public utility is one to them which is responsive to a broad range
of demands, but demands which they have by predetermined uneven and
largely undefined standards concluded to be areas of high societal concern.

Several approaches to increasing corporate responsiveness have been urged. It
has been argued that boards of directors ought to be restructured to in-
clude "public" members. Apparently, a "public" member is an individual whose
constituencies is.other than the corporate stockholders, but that is not quite
clear. If so, the consumer members of the board of directors might be
principally concerned with the interests of the corporation's customers while
presumably the environmental members would be accountable to society at large.
To me personally, it is quite clear that such a radical restructuring of a
public utility corporation is neither practical nor desirable. It should be
noted, however, that many corporations including public utilities have
undertaken to broaden the base from which directors are chosen by selecting
members of racial minorities younger persons and women. While such de-
velopments may result in boards with a wider experience and a greater variety
of approaches to policy decisions the basic obligations of all directors to
the company as an entity have not changed and that is as it should be.

Responsiveness has been required in the form of greater demands for full and
exacting information about corporate plans and operations. That is of course
an area which may be peculiarly sensitive for public utility companies. As
heretofore suggested, the massive capital investment essential in fixed oper-
ating plants make most public utilities significantly dependent on long-range
planning and commitment to specific courses of action.

The combination of the need to make firm long-range decisions and the massive
consequences of those decisions have produced the framework in which the
difficult and controversial problems facing public utility companies today
must be resolved.

No recent environmental issue has received more public attention or been the
subject of more litigation that the location or "siting" of power generating
facilities. A brief examination of that problem may illustrate several of the
issues which must be considered as part of a public utility's social responsiveness.

The initial problem is in describing that to w-ich, or to whom, the public
utility most respond. Yesterday, it was supposed that the ultimate response
was to the owners. Today, satisfaction of customers is sought as a device to
insure profit for stockholders and the company must also respond to its own
employees in ways which often go beyond a narrowly defined employment relation-
ship. Tomorrow, the yet unresolved, but immediate problem, will be to identify
the public that great mass segment pulled from our population as a whole -
to whose demands a public utility must respond. The difficulty of course is
the indisputable fact that there is no single public, nor even any large segment
thereof, with consistent demands.

Those environmentalists who now call for a return to a simpler way of life pose
difficult political and social consequences without suggesting the answer or
who is to answer them. Often it appears that white middle-class suburbanites
are arguing that ghetto residents really do not need air conditioners but
they demand that the public utility take that position rather than they. If the
total amount of available electric power is to be restructured by limiting any
expansion of existing generating plants the problem of public utilities in
distributing what is available will become acute but those who advocate that
course suggest no ways to fairly and equitably solve it. It seems to me that
the same principle is involved in the less extreme case by those who may elect
increased utility bills as a method of financing pollution abatement. This may
represent the actual priorities of those who can afford to make the choice -
but is the same true of those who cannot?

What are the rights of those who oppose the development of a power plant site
for electric generation in a remote undeveloped area on the grounds that it will
destroy physical and cultural amenity in that area relative to the rights of
the residents of a distant metropolis who would benefit from the greater avail-
ability of low cost power or cleaner air. Should the fact that the additional
electric power could be used for mass urban transportation or in other ways
which may have positive environmental consequences in the developed area be
balanced against the environmental impact in the undeveloped area? If so, how
is the determination to be made.

The classic delemma can be illustrated by the recent proposal by a public
utility to construct a massive facility into which it pumped and stored water.
The idea then was that excess electric power during non-peak load periods
would be used by the public utility to pump water into the man-made storage
area. During peak load periods the water would be used as a source of hydro-
electric power. The result in the opinion of the public utility would have
been an expansion of total power available which in turn would permit several
older power plant facilities to be abandoned. Those older facilities located
within a very large municipality were and in fact are among the major con-
tributors to the metropolitan air pollution problems. However, in the view of
some opposing environmentalists, the principal result of the project would have
been the massive destruction of natural and aesthetic values at the proposed
site of the pumping facility. Who should mediate between that part of our
society seeking to reduce air pollution in an urban center and that part urging
the preservation of nature and beauty in undeveloped areas?

The public utility company faces these problems in the context of overlapping
jurisdictures of federal state and local regulatory agencies. It has been
estimated that the new construction of a major fossil fuel generating plant
might require as many as thirty-two (32) separate discretionary permits from
governmental agencies. The situation may be even more extreme in the case of
a nuclear facility.

It seems to me that this is an area in which the legal profession as an entity
may be able to offer concrete assistance. One large local bar association in
New York -has already completed a study of the legal aspects of power plant
siting making a number of recommendations as to the structure of governmental
regulation in this area. The American Bar Association is now carrying out a
study of industrial plant location in general. It has been suggested that much
of what has been learned about power plant siting will have application to the
wider range of problems involving all new industrial construction which may
have a regional environmental impact. When the American Bar Association com-
pletes its study- I hope that you and other industrialists will carefully con-
sider its recommendation so that we might thereafter jointly attempt to im-
plement those changes in laws and regulations which our organizations and
other interested groups have concluded to be right and proper.

The issues surrounding the generation of electricity and its use as well as
issues involved in the use of other energy sources involve basic policies which
should only be determined by society at large.

Many public utility executives reasonably concerned with what increasingly
appears to be an energy crisis in this country have been shocked by what has
appeared to them to be the improper use by environmentalists of courts of law.
Obviously a system which requires multiple but separate governmental permits -
some at the local level some at the state and some at the federal en-
courages litigation filed only to impede or delay the construction of new
generating capacity and in many cases that has appeared to be prime or even
the sole purpose of the court action. On the other hand, the environmentalists
argue that presently there is no forum in which the fundamental issues of how

much power should be generated and to what purposes it should be put can
be presented and determined. Because there can be no joining of issue on
those fundamental matters the environmentalists "do what they can do"
otherwise and they apparently quite righteously feel that it is right and
proper that they use the courts for delay even though the court, in the
end, will not decide their issue or even consider it.

In my opinion neither the courts, nor the environmentalists nor public
utility executives should have either the responsibility or the privilege
of deciding these fundamental issues. That is not to say that these issues
ought not to be faced. Quite the contrary I submit that it is a matter of
urgent necessity that the decision-making process be restructured so that those
issues can be resolved by competent and fully informed public authority -
and that public utility executives should devote their great expertise and sub-
stantial influence to achieve that result.

Public utility companies should aid society in determining those issues by
continuing to be open in their dealings with legislatures with regulatory
bodies and with the public. I suggest that public utility executives have the
right the duty and the obligation to provide accurate information about
policy alternatives, but that in doing so they ought not to resort to scare
tactics to coerce selection among those alternatives. An extremely high standard
of corporate and personal ethical standards will not only make it possible for
informed decisions to be made but it will in time restore much of the public
confidence in public utilities which has in recent years been dissipated by
the recurring attacks motivated by ever-increasing rates and by ever-increasing
generating capacity and it has been dissipated regardless of whether any
of those attacks were m'ofEtibous. ~

You as chief executives of public utilities are obviously on the firing line.
But you have been there before and if you had not measured up then you
would not be here today. As a lawyer with both public utility ties and public
and professional responsibilities it seems to me that your primary interest
must now shift from the efficient generation of electricity to that of achieving
fair regulation of your own company. Fair regulations can only come about
through informed dedicated men who are elected appointed or otherwise en-
trusted with that public responsibility and it is up to each of us as citizens,
as public utility executives and as lawyers to see that the public utilities
are regulated only by men of high character and reasoned abilities.

I have been advised that many of the public utility executives here today are
lawyers those who are thus are my constituents and I am their spokesman.
As lawyers, each of them is, or should be, concerned about all that I do as
president of the American Bar Association. The same is true of you in your re-
sponsibilities to your stockholders your employees your customers and
above all the general public to whom we owe the highest responsibility of all.
I am, as a member of the general public, a constituent of yours, and I am
interested in what you say and do. It is not enough in the discharge of your
public duty to run your company well it is not even enough for you to be
deeply involved in civic affairs or state and local politics you now must -be
involved in running the nation. You must as a responsible public utility
executive help in every possible way to shape our society for the ultimate good
of all.

* * *

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 69

VOLUME V

ADDRESS OF:

CHESTERFIELD SMITH

PRESIDENT-ELECT

AMERICAN BAR ASSOCIATION

BEFORE:

AMERICAN JUDICATURE SOCIETY

CITIZENS CONFERENCE

DATE OF DELIVERY

THURSDAY, APRIL 5, 1973

TITLE:

TIME:

__ 1 ___ _1_

_~YII~~_~

.A PRIME RESPONSIBILITY OF ANY
C VILZED SOC IETY IS THE PROMPT, EVEN-
HANDED AND EFFECTIVE ADsINISTRATION
OF JUSTICE. EQUITABLE RESOLTI ON OF
( DISPUTES BETWEEN C TIZENS AND BETWEEN
.CITIZENS AND THE!R GOVERNMENT STRIKES
TO THE VERY HEART OF THE PROMISE OF
O':R DEMOCRATIC !'AY OF LIFE. CERTAINLY
O(R JUDICIAL INST IT'TI ONS AND AT
CENTER STAGE AMONG THESE !NST ITUT IONS,
OUR COURTS TOUCH MEN AT THE MOST
IMPORTANT MOMENTS IN THEIR LIVES -
IN TIES OF SEVERE PERSONAL CRISIS.

IF OUR NATION IS TO ENDURE WITHOUT
CHAOS OR GOVERNMENTAL OPPRESSION,
OUR CITIZENS MUST TRUST OUR SYSTEM
OF JUSTICE AND WITHIN THAT SYSTEM -
THE COURTS TRUST IT TO ENFORCE THE
LAW AND TO RESOLVE DISPUTES IN. A FAIR
AND EXPEDITIOUS WAY.
YET IN MANY PARTICULARS OUR JUSTICE
"SYSTEM OF TODAY JUST DOES NOT FULLY"
Olo0 L.- Ur iUUil i 0% E. i u I r L; I
MEASURE UP TO SUCH A STANDARD OF TRUST,
OR SO IT SEEMS TO ME. LARGE NUMBERS
OF OUR PEOPLE DO L00'( AT SOME ELEMENTS
OF OUR JUSTICE SYSTEM WITH MISTRUST AND
SCORN. IN MANY AREAS OF OUR COUNTRY,
SUBSTANTIAL SEGMENTS OF OUR OVERALL
JUSTICE SYSTEM HAVE LOST BOTH THE CO-
OPERATION AND THE CONFIDENCE OF LARGE

-3-

MASSES OF
MERELY REF

OL'R
ER

POPULATION. I DO NOT
TO THE MINORITIES AND

THE POOR. PEOPLE FROM ALL STATIONS
AND ALL WALY'S OF LIFE OPENLY AND VIGOR-
OUSLY EXPRESS THEIR DISSATISFACTION.
IT SEEMS TO ME THAT THAT ATTITUDE AT
LEAST ON THE PART OF SOME IS NOT WITH-
OUT FOUNDATION. IN MANY LOCALITIES
AND STATES, WE SIMPLY HAVE NOT MAINTAINED
MODERN, RESPONSIVE, .EQUITABLE JUSTICE
SYSTEMS. THE INDICES-OF FAILURE ARE
ALL TOO APPARENT THE RISING INCIDENCE
OF CRIME OVERCROWDED 'AILS AND PR ISOWS -
FLOODED COURT DOCKETS THE HIGH RATE
OF RECIDIVISM AMONG THOSE ALLEGEDLY
"CORRECTED" ALL INDICATE THAT SOME-
N.

--. - - .-. ''a *iA* -- -

-4-

THING IS TERRIBLY WRONG. I SUBMIT THAT
THE FAULT LIES PRIMARILY IN THE CURRENT
STRUCTURE OF THE SYSTEM OF JUSTICE
ITSELF. T.AT IS NOT TO SAY THAT THE
PEOPLE WHO ADMINISTER JUSTICE INSTI-
TUTIONS THE JUDGES, POLICE, PROSECU-
TORS, .DEFENDERS, PRISON PERSONNEL, PAROLE
AND PROBATION OFFICERS, HAVE NOT THROUGH
PERSONAL DERELICT IONS, DISHONESTY, UN
MISFEASANCE CONTRIBUTED IN MANY INSTANCES
TO THAT CONDITION, BUT ON THE 'HOLE,
IT IS CLEAR TO ME THAT THE OVERWHELMING
MAJORITY OF THOSE IN PUBLIC SERVICE IN
THE JUSTICE SYSTEM HAVE WORKED BEYOND
ALL REASONABLE EXPECTATIONS TO MA E IT
WORK. I REITERATE THEN THAT IN MY
JUDGMENT THE MAJOR PART OF THE PROBLEM

WITH 1R

.'elSTICE SYSTE-MS

IS NOT IN

-5-

THOSE WHO ADMINISTER
STRUCTURE OF THE SYS
AT THE HEART OF
ARE THE COURTS. MOS

LOOK EXCLL
THEY THINK
BE THE WRC
WHEN THEY

OVERWORKED
I INORDINATE
IN JAIL -
ATING PRAC
PLEA BARGA

IT,
TEM
OUR
T OF

SIVELY TO THE
OF JUSTICE.
NG DIRECTION T
DO LOO AT THE

AND
COURT
UN I MP
TICES
INING

BUT IN THE
ITSELF.
JUSTICE SY
OUR CITIZEN
COURTS WHEN
THAT PMAY WE
0 L00 ', BUT
COURT, THE

STEM
NS

LL

Y

WETH CROWDED COURTS -
UNDERPAID JUDGES -
T DELAY -, LONG WAITS
RESSIVE AND DISCRIMIN-
IN INFERIOR COURTS -
THEY SEE A BENCH WH

ERE

THE BEST MEN. AVAILABLE ARE NOT ALWAYS
JUDGES. THEY SEE A SYSTEM WHERE SLOW

-6-
MOTION JUSTICE HAS BECOME T
NOT THE EXCEPTION. OUR COL
ARE NOT PROPERLY ORGANIZED
TO MEET THE MODERN NEEDS OF
SOCIETY.
I SUBMIT THAT A GOOD C
CAN BE MEASURED BY A SIMPLE
MENTAL TEST WHETHER IT DI
JUST ICE OF A U IC QUI'AL ITv T

AND INEXPENSIVE. IT IS PRO
ON A CONTINUING BASIS, EXAM
COURT SYSTEMS AGAINST THAT
VE CAN SEE 'HAT I S LACKING
IMPROVEMENTS.
, FIRST, THE QUALITY OF
MOST STATES BEARS A DIRECT

HE RULE AND
RTS SIMPLY
AND MANAGED
A COMPLEX

COURT SYSTEM
AND FUNDA-
SPENSES
.4 T Io%.flf iflT

PER THAT WE,
INE OUR
TEST SO THAT
AND -A'E

JUSTICEE IN
RELAT ION SH IP

-7-

TO THE PERSONS WHO SERVE AS JUDGES.
HIGH QUALITY JUSTICE CAN BE DISPENSED
ONLY IF.. THE MOST COMPETENT AND PRO-
FICIENT LAWYERS AVAILABLE ARE ON THE
BENCH.
IT HAS BEEN SAID "A GOOD MAN IS

HARD TO FIND."
WOULD RESTATE TH
"A GOOD JUDGE IS
EVEN HARDER TO K
IN TALENT OR CHA
SHAMBLES OF THE
JUDICIAL PROCESS
CONSUMMATE SK ILL
RETAINED AS JlUDG

FOR MY P
IS MAXIMA
HARE TO
EEP ." A
RACTER C
MOST FIN
MEN 0
MUST BE
ES TO MA

PURPOSES I
AND SAY THAT
FIND AND
JUDGE LAC!' ING
AN MAKE A
ELY CONTRIVED
F WISDOM AND

SELECTED AND
W

SYSTEM FUNCTION PROPERLY.
%"3`T~~~~~~~~ E\a;Ft 0P"'

IS, OF COURSE, NO SINGLE

SYSTEM FOR SELECTING
GUARANTEE TO US WISE
WE DO, HOWEVER, ALL
IN A JUDGE; 'WE KNOW'
WE WANT MEN WHO HAVE
THEMSELVES BOTH IN T
AND IN THE WIDER PUB
run itnit C.L" o-NIIflRL L
DOM, JUDGMENT AND FA
GOVERN A VIABLE LEGA
JUDGES, OF COURSE, S
OUR BEST LEGAL MINDS
OUR JUDGES CERTAINLY
SUCH A STANDARD, THE
THERE ARE ALSO MANY

JUDGES THAT WILL
AND GOOD MEN.
KNOW WHAT WE WANT
- ABOVE ALL THAT
D IST INGUIISHED
HE FIELD OF LAW'
LIC CONSTITUENCY
OUbiNf OllN OF wiS-
IRNESS THAT MUST
L SYSTEM. OUR
SHOULD IDEALLY BE
WHILE MANY OF
DO MEASURE UP TO
SAD FACT IS THAT

WHO,.DO NOT.

THE

DIFFICULT Y

IS NOT CAUSED

'8Y A LACK

-8-

THERE

-9-

C OF QUALIFIED LAWYERS.
THERE IS AN ABUNDANCE OF OUTSTANDING
LEGAL TALENT IN ALL OF OUR STATES.
CERTAINLY TO MY KNOWLEDGE THERE IS IN
UNFORTUNATELY NOT ENOUGH OF
THAT TALENT REACHES THE BENCH.
I SUBMIT THAT THE MANNER OF SELEC-
TION, THE ATTRACTIVENESS OF JUDICIAL
c PeOI TO ANND TEJr E& AN AMJ OF DEll.UTTI!nAJ
ARE CRUCIAL IN PROCURING THOSE MEN THAT
WILL MAKE FOR A SUPERIOR JUDICIARY IN
ANY STATE.
MANY IMPROVEMENTS IN OUR PRESENT
PROCEDURES COULD BE MADE. IT APPEARS
TO M!E THAT .EFFORTS SHOULD BE HADE IN
ALL.STATES TO REMOVE THE SELECTION BY
EXECUTIVE APPOINTMENT OF JUDGES FROM
THE POLITICAL SPOILS SYSTEM. I AM NOT

-10-
SAYING THAT A MAN ACTIVE IN POLITICS
CANNOT BE A GOOD JUDGE OR THAT A

MAN APPOINT
SERVICES TO
TIVE MAY NO
OF OUR BEST

ED BECAUSE OF HIS PAST
A GOVERNOR OR OTHER EXECU-
T SERVE ADMIRABLY. SOME
JUDGES FREQUENTLY HAVE

LONG RECORDS OF VIGOROUS AND EFFECTIVE
SERVICE IN PUBLIC LIFE. I DO BELIEVE
HOWEVER, THAT THE !!DICIAI IA lITI'C
OF SCHOLARSHIP BALANCE AND RESTRAINT -
ARE NOT NECESSARILY THOSE THAT CONTRI-
BUTE TO SUCCESSFUL POLITICAL ACTIVITY.
I SUGGEST THAT THE ADVANCES MADE IN
MANY STATES BY THE USE OF JUDICIAL
NOMINATING COMMISS IONS COMPOSED OF THE
MOST ABLE JUDGES, LAWYERS AND LAY CITI-
ZENS OFFER AN EFFECTIVE MEAS OF SELEC-

-11-
TING THE FINEST MEN FOR VACANCIES ON
THE BENCH.
TURN INS TO THE QUESTION OF
POLITICAL ELECTIONS AS A METHOD OF
SELECTING THE JUDICIARY. IN MY OWN
PERSONAL JUDGMENT, THE POLITICAL PROCESS
OF A CONTESTED RACE BETWEEN TWO OR MORE
LAWYERS WHO SEEK ELEVATION TO THE
BENCH IS THE WORST POSSIBLE WAY OF RE-
TAINING AND SELECTING A HIGHLY COMPE-
TENT JUDICIARY. THE WORK OF A JUDGE
IS BASICALLY REFLECTIVE AND THE CASES
BEFORE HI ARE RARELY FLAMBOYANT. THE
QUALITIES -OF MODESTY SCHOLARSHIP -
RESTRAINT AND REFLECTION ARE NOT
ALWAYS COUPLED WITH THE SKILLS OF A
POLISHED) CA PhA INE. A JUDGE OF THE
f~~~f 1!~'. i ~ i~t t t lM v' i

-12-

HIGHEST CALIBER MAY LACK CROWD APPEAL.
IF THE JUDGE DOES POSSESS THOSE TRAITS
WHICH MAKE HIM OR HER A FINE JUDGE BUT
A POOR CAMPAIGNER AND, ADDITIONALLY,
IF HE OR SHE IS OF MODEST MEANS -
POLITICAL OPPOSITION MAY FORCE THE
FUNDING OF A FAR FLUNG CAMPAIGN FOR

WHICH HE OR SHE HAY
or 1 R S P2 % If- I l s 8 a a A et -.
I cLrr. iiL- i ILLY A tIlU
GOOD CAMPAIGNER CAN
GOOD JUDGE AS HAS
DEMONSTRATED BUT
THAT A JUDGE CANNOT
JUDICIAL SERVICE AT

BE ILL-EC
9 Z S a am s ^ a a a
INANUI ALL
OF COURSE
BEEN REPE
T IS IRRE
RENDER EF
THE SAME

R'UIPPED
.Y. A
:MAKE A
:ATEDLY
FUTABLE
FECTIVE
TIME THAT

HE IS RUNNING AN EFFECTIVE

FOR RE-ELECTION.

CAMPA IGN

CANDIDATES AND INCUM-

-13-

JUDGES

ALIKE ARE IN A POOR

POSITION TO ACCEPT POLITICAL CONTRI-

BUT IONS

- USUALLY FROM LAWYERS WHO WILL

APPEAR BEFORE HIM.

THE JUDGE MAY

SUBCONSCIOUSLY BE PREDISPOSED TOWARD
A MAN WHO HAS DEDICATED TIME AND EFFORT

OR MONEY TO HIS ELECTION.

PERHAPS A

MORE FREQUENT PROBLEM' IS THAT OF THE

JUDGE HO" 0

LEANS

OVER SO FAR TO COMPEN-

SATE FOR ANY POSSIBLE FAVORITISM TO A

BENEFACTOR THAT HE

OR SHE IN FACT

DISCR IMI ,NATES AGAINST A

F ORMER

SUPPORTER.

POLITICAL ELECTIONS TAKE A GREAT DEAL

OF VALUABLE TIME FROM A

ii '

AND THE ATTENDANT JOB INSECURITY
FURTHER MITIGATES AGAINST THE CONTESTED

POLITICAL

PROCESS.

CERTAINLY, THE

BENT

Inn,, r

-14-

CITIZENS, WHOM THE JUDGE

SERVES

SHOULD

HAVE A VO
DISCHARGE
SEEMS TO
AND RETEN
VARIOUS S
ALLEVIATE
DANT TO J
dUU IU IAL
APPO I 1TME'
THE JUDGE
M ITTED TO
ESTABLISH H

ICE I
THE
ME TH
TION
STATES
S THE
UDICI

N WHETHER HE CONTINUES
JUDICIAL FUNCTION, BUT
AT THE MERIT SELECTION
PROCESS NOW USED IN
IS THE ONLY ONE WHICH
MANY PROBLEMS ATTEN-
AL CAMPAIGNING. A

y"tt-A-A1 SnULD BE
1T FROM A MERIT PA
APPO INTED SHOULD
SERVE ONLY LONG E
A JUDICIAL RECORD

FIL
NEL
BE
NOU
*

TO
IT

LED B
AND
PER-
GHI TO
THAT

JUDGE THEN
THE PEOPLE.
AND IF THE
AGAIN, THEY

SHOULD SUBMIT HIMSELF TO
0N HIS JUDICIAL RECORD,
PEOPLE WANT HIM TO SERVE
SHOULD VOTE TO RETAIN

-15-

HIM IN OFFICE. IF THE PEOPLE CONCLUDE
THAT THE JUDGE'S RECORD IS DEFICIENT
AND THAT THEY DO NOT WANT HIM RETAINED
IN OFFICE,- TIEY QSO VOTE AND THE OFFICE
BECOMES VACANT, WITH THE VACANCY TO BE
FILLED AGAIN BY APPOINTMENT FROM A
PANEL OF LAWYERS SELECTED SOLELY ON
MERIT.

H IGHL
OTHER
BUT I
THE R
A JUD
CEPTA

OB.TA I

rl/ 1 .i t i "
Y QUALIFIED
,ISE ACCEPT
T RETAINS,
EIGHT OF THE
GE WHO DOES
NCE AN'D APP
WHILE SUCH
A THE F IES

I S ATTRACATiV or
10 AI I LAWYERS WHO WOULD NO
JUDICIAL APPO INTENT
AS IT PROPERLY SHOULD
ELECTORS TO D ISCHAFRG
NOT HAVE PUBLIC AC-
ROVAL.
A SYSTEM WILL HELP TO
T POSSIBLE, JUDICIARY,

T

E

-16-

IT ALONE IS NOT ENOUGH.

WE MUST ALSO

INSURE TO OUT SITTING JUDGES ADEQUATE
COMPENSATION, JOB SECURITY, AND RE-
TIREMENT BENEFITS IF WE ARE TO ATTRACT

AND KEEP THE BEST PEOPLE

- THE BEST

LAWYERS AS JUDGES.

OUR MOST

SUCCESS-

FUL, AND OFTEN OUR BEST LAWYERS, WILL
USUALLY TAKE A SUBSTANTIAL CUT IN

INCOME IF THEY BECOME

JU-DGES.

A PER-

SON WE. HAVE PERSUADED TO DON JUDICIAL

ROBES SHOULD BE RELATIVELY SECURE
OFFICE DURING GOOD BEHAVIOR. THE

ATTORNEY WHO

BECOMES

A JUDGE HAS

RIS ED HIS ECONOMIC'' C

ACCEPTING A. POSITION ON
HIS CLIENTS HAVE BEEN A

OTHER LAWYERS .

SECURITY BY

THE BENCH;

BSOfRED

SY

IF THE JUDGE IS

IN

-17-

THEREAFTER TURNED
MUST ONCE AGAIN S
DEVELOPING A PRAC
JUDGES, IF WE ARE
THE BEST, MUST RE4
AND BENEFITS THAT
WITH WHAT A JUDGE
PRIVATE PRACTICE.
QUALiTY JUST

A SYSTEM THAT C
EFFIC IENT SERVI
EFFORTS MUST BE
COURT ORGANIZAT
TION TO IMPROVE
MORE EFFECTIVE
OF COURT ADMINI
OPINION HELP SO
PROBLEMS. CH IE

AN
CE
-A
ION
OUL
AND

LVE

F

OUT OF OFFICE, HE
SUFFER THE PANGS OF
TICE. I REITERATE
TO ENTICE AND HOLD
CE IVE COMPENSATE ION
COMPARE FAVORABLY
COULD EXPECT IN

IC- ALO E" "ENDS ON
itL AL U UtLVL. U

ASSURE PROMPT AND
FOR THE LITIGENTS.
DE IN AREAS OF
AND ADMINISTRA-
R PRESENT SYSTEM.
NW WIDESPREAD USE
ATORS WILL IN MY
MANY OF THESE

JUST ICE

WARREN

-18-

BURGER IN

DISCUtSSING

THE NEED FOR COURT

REFORM HAS ASKED
JUSTICE TAKE SO
HIS OWN QUESTIONS
LEAST A PART OF
OF UP-TO-DATE PR
FOR ADMINISTRATION
ESPECIALLY THE L
AaDtM; elTnATORfln.
Ai-r v vlb I i I% I 'AIA, I it/ %)AO

"WH
LONG
BY
THE
OCED
ON A
ACK

58 ASTRONAUTS CAPABLE 0
THE MOON, BUT 4NOT THAT
TIC COURT ADMINISTRATOR
SERVE IN THE STATE AMD
GREAT EFFORT SHOULD BE
TRAINED COURT ADMINISTR
MODERN METHODS OF COURT
A LONG STRIDE IN THAT D

Y DOES AMERICAN
?" HE HAS ANSWERED
SAYING THAT AT
PROBLEM IS A LACK
URES AND STANDARDS
ND MANAGEMENT AND
OF TRAINED COURT
SSAI ... r A VE
S lu, ... r. HAtVE

F FLY-ING TO
MAN, Y AUTHEN-
S AVAILABLE TO
FEDERAL SYSTEMS.
MADE TO USE
ATORS AND MORE
ADMIN ISTRATI ON..
i EC T ION CAN BE

~I~UYC1Imr~

MADE BY
SYSTEMS
NOW BEI
STATES.
AND DIS
VARIED
TIONS A
SINGLE
UUN DZ..
THE FAC
STYLED
WITH LI
ITSELF,
PEOPLE
OF THESE
MINISTER
MORE D!

THE SIMPLIFICATION OF OUR COURT
BY COURT UNIFICATION PROPOSALS
NG USED OR CONSIDERED IN MANY
THE PUBLIC IS OFTEN CONFUSED
ORIENTED BY THE MYRIAD AND
COURTS OF DIFFERING JURISDIC-
'ND DIFFERING NAMES. A UNIFORM
TRIAL COURT SYSTEM HELPS ATTRACT
T LAV'IYES TO THE TRIAL BENCH.
T THAT A COURT IS NAMED OR
AS A LO.;ER OR INFERIOR COURT
MITED JURISDICTION, IN AND OF
PREVENTS MANY OF OUR BEST
FROM WANTING TO SERVE AS JUDGES
E COURTS. FURTHER, COURT AD-
AT ION AND FINANCING IS MADE
FFICULT WHEN THERE ARE TOO

-19-

-20-

MANY LEVELS OF TRIAL AND APPELLATE
COURTS FINANCED AND MANAGED BY
VARIOUS MUNICIPALITIES, COUNTIES,
AND OTHER GOVERNMENTAL ENTITIES.
IT APPEARS TO ME THAT THE LOWER
COURTS, WHICH HAVE THE MOST FRE-
QUENT CONTACT WITH OUR CITIZENS,

SHOULD M
THOSE CO
THAT WE '
FAIRNESS
AND SIMP
THAT 1'OU
AND QUAL

ERIT
'RTS
CA"
AND
LIFI
LD I
ITY

COURTS, COULD
HIGHER STAND

nfl!)

GREATEST

DESERVE THE
DO TO INSURE
EFFIC IENTY,
ED TRIAL COU
NCR EASE THE
OF THE LOWlER
D AUGUR WELL
ARD OF JUST!I

ENDlRSE IT WITHOUT

RESER
err)J-3

T CONCERN.
VERY BEST
DIGNITY,
A UNIFIED
,T SYSTEM
DIGNITY
TRIAL
FOR A
CE. AND I

VAT ION.

-21-

OF COURSE, MANY OTHER MATTERS
T YOUR ATTENTION AND CONCERN.
COURT SYSTEMS NEED MORE EFFEC-
RULE-MAKING PROCEDURES. THE
TIONSHIPS BETWEEN THE COURTS AN
VARIOUS COURT SUPPORT AGENCIES
AS PROBATION AND PAROLE OFFICE

WELFARE DEPARTMENTS,
HISSiONS, MENTAL HEA
AND VARIOUS VOL'UNTEE
VICE ORGANIZATIONS -
FIRMLY ESTABLISHED.
COURTS MUST BE MADE
TO THE LITIGANT WITH
BY MAKING T.HE COST 0
BURDEn!SOME. ('E CA"
RESERVE OUR FORUMS 0

CORRECTIONS CON-
LTH FACILITIES,
R COMMUNITY SER-
MUST BE MORE
ACCESS TO THE
MORE AVAILABLE
MODEST RESOURCES
F LITIGATION LESS
FOT MAID M"tIT 4!nT
F JUSTICE FOR O,,LY

MER I
MOST
TIVE
RELA
THE
SUCH

D

-S
S,

/

-22-

THE VERY RICH AND THE VERY POOR.)

THE

LIST OF POSSIBLE AREAS FOR YOUR CON-
CERN MAY BE INEXHAUSTIBLE FOR IT SEEMS
TO ME THAT THE CONTINUED EXAMINATION
AND SUBSEQUENT IMPROVEMENT OF OUR COURT
SYSTEMS IS AN ABSOLUTE NECESSITY.
MEASURED AGAINST OUR FUNDAMENTAL
TEST THAT OUR COURT SYSTEM MUST BE
PROMPT, FAIR, AIND I INVltPENsi, MANY
OF THE COURT SYSTEMS IN OUR STATES,
BOTH CRIMINAL AND CIVIL, SIMPLY DO
NOT M MEASUREE UP. THE TRUTH IS THAT
TODAY OUR JUDICIAL SYSTEM IS BEING
TESTED AS NEVER BEFORE. INDEED THE
SYSTEM IS IN CRISIS. THE VOLUME AND:
CHARACTER OF THE CASES IN OUR COURTS
ARE WITHOUT PECE DENT IN HISTORY. THE

. .. .....

-23-

ISSUES INVOLVED

RANGE

FROM COMPLEX

QUESTIONS OF CONSTITUTIONAL LAW TO
NEW STANDARDS OF CRIMINAL JUSTICE.
AND ACROSS T -E NATION NOT ONLY THE
LEGAL PROFESSION BUT THE ENTIRE
CITIZENRY IS ENGAGED IN HEATED DE-
BATES ABOUT COURT DECISIONS AND
COURT PRACTICES.

LLI M

< SASG S-
n U rfl

a a a AT A Ms
IU TUU IMAI A I

SUCH A TIME AS THiIS, ONLY THE MOST

CONCERTED

EFF T T

BY CITIZENS SUCH

AS Y OUlSELVES TO REF ORM O UR, JUST ICE

SYSTEMS CAN SUCCEED
FAITH OF OUR PEOPLE.

IN RESTORING THE
YOUR TASK IS

NOT EASY, BUT COURT REFORM HAS AL-

WAYS BEEN A DIFFICULT TASK.

THE

FRUITS, WHOEVER,

OF "JUSTICE

FOR ALL

-24-

IS, I SUBMIT, WORTH THE TOIL AND EF-
FORT. IT IS A LONG ROAD TO TRAVEL
AND THE FIRST PART IS UPHILL, BUT
IF YOU GO, LIKE ALL ROADS AND ALL
HILLS, THERE IS A POINT WHERE THE
GOING GETS EASIER AND THE DESTINA-
TION IS REACHED. IT WILL BE MOST
REWARDING TO THOSE WHO MAKE THE
TIPD I 'OPE THAT YOA DO
gs it $ jitf-D a I vfl I t4 IUj .

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 70

VOLUME V

# 7o

ADDRESS OF:

BEFORE:

CHESTERFIELD SMITH

PRESIDENT-ELECT

AMERICAN BAR ASSOCIATION

ALUMNI DAY

NORTHWESTERN SCHOOL OF LAW

OF LEWIS AND CLARK COLLEGE

LEWIS AND CLARK COLLEGE

PORTLAND, OREGON

DATE OF DELIVERY:

TITLE:

SATURDAY, APRIL 21, 1973

3:30 P.M.

PROFESSIONAL UTILIZATION THE NEED

FOR LAWYERS IN THE FUTURE

FIFTEEN MINUTES

TIME:

T IS PROJECTED THAT BY 1985 OUR

LEGAL PROFESSION WI
CERTAINLY STATISTIC
THIS PROJECTION. I
APPROXIMATELY 286,0
COUNTRY. BY 1970,
BY ALMOST 25% TO 35
AND A HALF BETWEEN
WILL, HOWEVER, SEE
IN OUR PROFESSION..
THIS ANTICIPATED GR
THE ENROLLMENT AND

LL DOUBLE IN SIZE.
S SEEM TO BEAR OUT
N 1950 THERE WERE
00 LAWYERS IN OUR

THAT
5,00
1970
THE
AN
OWTH
APPL

NUMBER
0. THE
AND 198
GREATEST
INDICATE
CAN BE
ICATION

HAD GROWN
DECADE
5
GROWTH
ON OF
SEEN IN
FIGURES

FOR OUR LAW1 SCHOOLS. LAW SCHOOL
ENROLLMENTS INCREASED FROM 53,000
STUDENTS IN 1950 TO 97,000 STUDENTS IN
1971, WITH THE GREATEST PORTION OF THAT

INCREASE OCCURRING BETWEEN 1968
AND 1971. TODAY ONE OUT OF EVERY
TWELVE MALE COLLEGE GRADUATES OF
22 YEARS OF AGE IS IN LAW SCHOOL.
THE NUMBER OF APPLICANTS TAKING THE
LAW SCHOOL ADMISSIONS TEST HAS
INCREASED FROM 50,000 IN 1968 TO
OVER 130,000 THIS PAST YEAR. BY
1975, IT IS ESTIMATED OVER 30,000
LAW GRADUATES PER YEAR WILL BE ENTERING
SOCIETY. IN SHORT, OUR PROFESSION IS
EXPERIENCING A PERIOD OF UNPRECEDENTED
GROWTH AND THERE IS NO REASON TO BELIEVE
THAT THIS GROWTH WILL ABATE IN THE
NEAR FUTURE.

-2-

INHERENT AND ATTENDANT TO THIS

GROWTH WILL BE
OF THE PROFESS

MORE OF
OF THOSE
TERMED
WOMEN WI
OF THE B
AMER ICAN
EXAMPLE
ONE-THIR
LAWYERS
THE AGE

A CHANGE I
ION ITSELF.

OUR PROFESSION WI
WHOM WE HAVE TRA

YO
LL
AR
B
OF
D
OF
OF

A

0]

NG LAWYERS. M
MAKE UP A GREAT
THE MEMBERSHIP
R ASSOCIATION I1
THINGS TO COME.
F THE MORE THAN

THE COMPLEXION
MORE AND
L BE COMPOSED
ITIONALLY
INOR CITIES AND
ER PROPORTION
P OF THE
S A STRIKING
TODAY OVER
160,000

OUR ASSOCIATION ARE UNDER
THIRTY-FIVE, AND THE NUMBER

3

OF MINORITY AND WOMEN MEMBERS
MORE THAN DOUBLED IN THE PAST
SERIOUS QUESTIONS MAY BE
AS TO HOW THIS GROWTH AND CHA
EFFECT OUR PROFESSION. IN LI(
THE FINDING THAT OUR COUNTRY I
ENTERING A PERIOD OF ZERO POP
GROWTH, ONE MAY ASK, WHAT AS
GOING TO DO WITH SO MANY LAWY
THERE ROOM IN THE PROFESSION ,
MANY NEW FACES ?
THE ANSWER, I SUBMIT, TO
QUESTIONS IS TIED INEXTRICABLE

(
I

(

HAS
YEAR.
ASKED
NGE WILL
3HT OF
MAY BE
ULATION
RE WE
:RS? IS
'OR SO

THESE
f TO

-4-

~ ~_______

THE UNFOLDING NATURE OF OUR PROFESSION
AND SOCIETY. RECENT YEARS HAVE SEEN
VAST CHANGES TAKE PLACE IN THE LEGAL
BUSINESS. LAW FIRMS ARE INCREASINGLY
USING MODERN MANAGEMENT AND TECHNOLOGICAL
TOOLS. COMPUTERIZED LEGAL RESEARCH IS
ALMOST A REALITY. SERIOUS EXPERIMENTS
IN AREAS SUCH AS PREPAID AND GROUP
LEGAL SERVICES, CERTIFICATION OF
SPECIALISTS, AND CLINICAL EDUCATION
ARE WITH US. WE HAVE SEEN THE
ESTABLISHMENT OF LEGAL AID CLINICS-

-5-

THE EXPANSION OF LAWYER REFERRAL
PROGRAMS-THE RISE OF THE PUBLIC
INTEREST LAW FIRM-THE ABANDONMENT
OF FEE SCHEDULES-THE ORGANIZATION OF
STORE FRONT LEGAL CLINICS-AND THE
MATURITY OF NEW SUBSTANTIVE LEGAL AREAS.
SUCH AS ENVIRONMENTAL LAW. CERTAINLY
OUR PROFESSION HAS, AND IS, CHANGING.
IT SEEMS TO ME THAT THESE CHANGES
IN OUR PROFESSION ARE-NECESSARY
REACTIONS TO THE INCREASING COMPLEXITY
OF OUR MODERN SOC IETY.. ADVANCES IN
TECHNOLOGY-THE CRUSHING AVAILABILITY

-6-

*Uhrl~ llrt itc tn - *-*--

OF INFORMATION-THE UNABATED GROWTH OF
URBANIZATION-AND TIE ATTENDANT REORDERING
OF LIFESTYLES HAVE ALL MADE LIFE IN

THIS AGE INCREDIBLY
SOCIETAL SHIFT FROM
SERVICE ORIENTATION
INTERPERSONAL AND LE
BETWEEN CITIZENS. I
THAT SOCIETAL CHANGE
IN GEOMETRIC PROPORT
AND ANXIETY THAN EVE
PLACED ON MODERN MANk
WITH HIS ENVIRONMENT

COMPLEX. THE
A PRODUCTION TO A
HAS INCREASED THE
GAL DIFFICULTIES
T SEEMS TO ME
IS ACCELERATING
IONS. MORE PRESSURE
R BEFORE ARE BEING
IN ORDER TO COPE
. TRADITIONAL

INSTITUTIONS

AND IDEAS SUCH

AS MARRIAGE,

-7-

THE FAMILY, AND LIFETIME JOB SECURITY
ARE BEING REPLACED WITH EMOTIONALLY
TRYING CONCEPTS OF SOCIAL AND JOB
MOBILITY. PSYCHOLOGICAL ALIENATION AND
DISORIENTATION ARE POSSIBLE RESULTS.
WITH COMPLEXITY AND PRESSURE COMES
PROBLEMS, AND PROBLEMS ARE THE MAJOR
CONCERN OF LAWYERS. LAWYERS, BECAUSE
OF THEIR TRAINING AND EXPERTISE, ARE
UNIQUELY QUALIFIED TO GRAPPLE WITH
NEW SITUATIONS. LAWYERS HAVE ALWAYS
BEEN THE COIMMUNITYS PROBLEM SOLVERS.
IT APPEARS TO ME THAT SOCIETY, IN
ADDRESSING ITSELF TO THE EVER-EXPANDING

-8-

COMPLEXITIES OF MODERN LIFE. WILL

HAVE AN INCREASING NEE
TRAINED PERSONS. THE
RATHER THAN DECREASING
SURGE OF NEW LAW GRADU
INSTEAD DECREASE OVER
OLD PRACTICES AND
METHODS OF LAWYER UNTIL
HOWEVER, NEITHER MEET
NOR THE AMBITIONS OF T
IN A REPORT AT THE AME
ASSOCIATION ANNUAL MEE
OF LAST YEAR, THE TASK
PROFESSIONAL UTILIZATI

D FOR LEGALLY
NEED FOR LAWYERS,
BEFORE THE
ATES, WILL
THE NEXT DECADE
TRADITIONAL
IZATION WILL,
SOCIETAL NEEDS
'E NEW LAWYERS.
RICAN BAR
TING IN AUGUST
FORCE ON
ON, A GROUP OF

-9-

OUTSTANDING LAYERS AND EDUCATORS
SPECIALLY COMMISSIONED BY THE ABA

TO STUDY FUTURE NEEDS
PROFESSION, SAID THAT

WILL BE
LAWYERS,
POSITION
TRAD IT IO0
OR IN SO
THOSE WH
THE NEED
LAWYERS

A

NA
'ME

NEED IN T
...THERE
IN THE NE
L FIELDS
GEOGRAPHY

HE
MA
AR
OF
IC

OF THE
, WH I LE
FUTURE
Y NOT B
TERM I
LEGAL
AREAS

LEGAL
THERE
FOR MORE
E SUFFICIENT
N SOME OF THE
PRACTICE
FOR ALL

0 MAY SEEK SUCH POSITIONS.
FOR LEGAL SERVICES IS CHANGING.
WILL BE NEEDED IN NEW POSITIONS

AND IN NEW GEOGRAPHICAL AREAS. THEIR WORK

-10-

WILL ENCOMPASS NEW TYPES OF PRACTICE
SOMEWHAT DIFFERENT FROM THE TRADITIONAL
ROLES.
DEMAND FOR THE SERVICES OF THE
NEW LAWYERS WILL COME FROM MANY AREAS.
THE LAST DECADE HAS SEEN OUR LAW FIRMS
GROW AND PROSPER. PARALLEL TO THIS
GROWTH HAS BEEN A NEED FOR NEW MEMBERS.
THIS WILL CONTINUE. THIS DECADE HAS
ALSO SEEN THE PROVISION OF LEGAL
SERVICES FOR THE POOR AND DISADVANTAGED.
I PREDICT THAT THESE SERVICES WILL BE
EXPANDED IN THE FUTURE AND THAT THE
"NEED FOR LAWYERS IN THIS AREA WILL
ESCALATE. GOVERNMENTAL POSITIONS WILL,

-11-

AS IN THE PAST, CONTINUE TO PUT A
HIGH PREMIUM ON LEGALLY TRAINED

TALENT.
IN THE CR
IN RELATI
PRECIPITA

I FORCES
LAWYERS
CASES I
AND IN
OF CHIL
USE OF
STATE A
PUBLIC

THE
IHI
ON
TE

R
NA
TO
A

EE THE
IN THE
NVOLV IN
LITIGAT
DREN.
LAWYERS
ND FEDE
CONCERN

THE ENVIRONMENT

EIGHT TO COUNSEL DECISIONS
L FIELD; PARTICULARLY
THE LOWER COURTS, WILL
NEED FOR MORE LAWYERS.
INCREASED NEED FOR
JUVENILE COURTS, IN
G THE MENTALLY ILL,
ION INVOLVING THE RIGHTS
I FORESEE THE INCREASED
IN DEALING WITH BOTH
RAL REGULATORY AGENCIES.
WITH SUCH TOPICS AS
T, CONSUMER PROTECTION,

-12-

TAXES, ELECTION LAWS, WAGE AND PRICE
CONTROLS, OCCUPATIONAL SAFETY, AND
TENANT RIGHTS ARE SPAWNING NEW AREAS
FOR LAWYERLY EXPERTISE AND A RESULTING
NEED FOR NEW TALENT.
PERHAPS THE MOST LEGALLY NEGLECTED
GROUP, AND PROBABLY THE MOST FERTILE
FIELD FOR FUTURE LAWYER PLACEMENT, IS
IN PROVIDING LEGAL SERVICES FOR THE
CITIZEN OF AVERAGE MEANS. WHILE THE
VERY RICH CAN AFFORD THE HIGHEST PRICED
AND BEST LEGAL TALENT AND WHILE, THROUGH
LEGAL AID PROGRAMS, THE VERY POOR CAN
RECEIVE LEGAL ASSISTANCE THE MIDDLE-

CLASS

AMERICAN OF AVERAGE MEANS HAS,

-13-

HERETOFORE, BEEN LARGELY UNSERVICED
BY THE LEGAL COMMUNITY. THE VAST
MAJORITY OF AMERICANS NEVER CONSULT
AN ATTORNEY. LITIGATION HAS SIMPLY
BEEN TOO EXPENSIVE FOR THE AVERAGE

HIS IS N
INCOME
LTIES WH
HAT THEY
ADVICE.
VIEWED L
IMPOSS IB
RESULT

OT T
CITI
ICH
MAY
MOST
EGAL
ILIT
D IN

MISINFORMATION, THE SAD
LEGAL SERVICES HAVE BEEN

0 SAY THAT
ZENS DO NOT
CALL FOR LEGAL
NOT BENEFIT
AMERICANS
COUNSEL AS
Y. WHILE THIS
PART FROM
FACT IS THAT
FINANCIALLY

-14-

AMERICAN. T
OUR AVERAGE
HAVE DIFFICU
COUNSEL OR T
FROM LEGAL A
HAVE SIMPLY
AN ECONOMIC
ATTITUDE HAS

OUT OF REACH FOR TH
IT SEEMS THAT THIS
WILL CHANGE IN THE
ESTABLISHMENT OF PR
LEGAL SERVICE PLANS
IS DIRECTED TO MEET
THE AVERAGE CITIZEN
POSSIBILITY THAT A
INSURANCE, AVAILABLE
CITIZENS, PATTERNED
BLUE CROSS BLUE S
INSURANCE, MAY SOON
THE LARGE NUMBER OF
AVAILABLE BY SUCH A

E AVERAGE AMER
SITUATION MUST
COMING YEARS.
EPAID

ACROSS
ING THIS

. I F
TYPE 0
E TO A
SOME
HI ELD
BECOME
NEW C
PROGR

OR
F
LL
HA
ME
A
LI
AM

CAN.
AND
THE

THE COUNT
NEED OF
ESEE THE
LEGAL
OUR
T LIKE
DICAL
REALITY.
ENTS MADE
WILL

REQUIRE LARGE NUMBERS OF NEW ATTORNEYS.

-15-

RY

I ALSO FEEL THAT INCREASED

SPECIALIZATION IN

WILL TEND
FOR MORE
"GENERAL I
BECOME A
WILL HAVE
AND EVEN I
OF THE LA
INCREASE
ATTORNEY
CASES. B
EXCLUSIVE

TO INCRE
LAWYERS.
ST IN THE
THING OF
TO BE SP
CERTIFIED
!. SPECI,
THE ABILI
TO HANDLE
Y INTENSE
PRACTICE

THE
ASE
THE
LAW
THE

E
9
A
T

AREA, AN ATTORNEY
REQUIREMENTS, STREAK
OFFICE TECHNIQUES,

:CIF
IN
LIZ
Y 0
MOR
FAM
IN
CAN
MLI
AND

THE TIME DEMANDS OF INDIVIDUAL
-16-

CASES.

LEGAL PROFESSION
THE DEMAND
DAY OF THE
f MAY RAPIDLY
PAST. LAWYERS
ICALLY TRAINED,
SPECIAL AREAS
ACTION WILL
F A SINGLE
E CLIENTS AND
ILIARITY AND
A LIMITED LEGAL
MINIMIZE RESEARCH
NE AND SPECIALIZE
OTHERWISE LOWER

- ~ jl~ ~ ~-- - ..Z- -~-~--- Xt~-'.' - ---- -*

IT SEEMS
TO HANDLE
A LOWER IN
SERVICE.
CHARGE LE
IF SO THE
LEGAL SER
SERVICES
AVAILABLE
UNSERV ICE
MAY NECES

TO HE THAT
MORE CASES
G IN THE PR
SPECIALIST
SS BECAUSE
LOWERING I
VICE WILL I
OF LAWYERS
TO LARGE N
D CITIZENS.
SARILY REQU

THE INCREASED ABILITY
PER DAY MAY CAUSE
ICE OF THE LEGAL
S MAY BE ABLE TO
OF INCREASED VOLUME.
N THE COST OF THE
N ITSELF MAKE THE
MORE READILY
UMBERS OF PREVIOUSLY
IT SEEMS THAT THIS
IRE ADDITIONAL

ATTORNEYS TO MEET THE NEEDS OF THESE
NEW CLIENTS.
TODAY WE SEE MORE AND MORE LAWYERS
FILLING EXECUTIVE AND CORPORATE BOARD

-17-

Y

POSITIONS IN THE BUSINESS WORLD.
BECAUSE OF THE INCREASINGLY COMP
NATURE OF BUSINESS AND INDUSTRY,
THE INCREASED INTERRELATION BETW
BUSINESS, LAW, AND GOVERNMENT, I
FORESEE A CONTINUED AND GROWING
FOR LEGALLY TRAINED BUSINESSMEN.
IT ALSO SEEMS TO ME THAT TH
IS WIDE OPPORTUNITY FOR NEW LAWY
IN RURAL AND SEMI-RURAL AREAS.
ARE VAST SECTIONS OF OUR COUNTRY
TODAY WHICH ARE UNDERSTAFFED WIT
LAWYERS. THESE AREAS OFFER OPPO
FOR BOTH ECONOMIC AND PROFESSION
SUCCESS FOR THE YOUNG ATTORNEY.

LEX

AND
EEN

DEMAND

ERE
ERS
THERE
EVEN
H
RTUN CITIES
AL
OF.

-18-

COURSE, LAWYER PLACE
PROVIDED BY LAW SCHC
ORGANIZED BAR WILL I
AND SOPHISTICATED TC
PROFESSIONALS WITH 1
I AH ACQUAINTED WITHIN
BAR ASSOCIATIONS ACR
ALREADY DEALING WITl
SERVICES.
THE FUTURE, IT
INDEED BRIGHT FOR TH
THE ORGANIZED BAR, I
SERVICE RESPONSIBILI
PUBLIC AND THE LEGAL
GRAPPLING .WITH THESE

MEANTT SERVICES
)OLS AND BY THE
IAVE TO BE EXPANDED
ACQUAINT THE NEW
FHESE OPPORTUNITIES.
I LAW SCHOOLS AND
!OSS THE COUNTRY
EXPANDING THESE

SEEMS TO ME, IS
IE LEGAL PROFESSION.
N DISCHARGING ITS
TY TO BOTH THE
PROFESSION, IS
NEW DEMANDS FOR

-19-

PROFESSIONAL UTILIZATION. THE CHALLENGE
OF DEVELOPING NEW INSTITUTIONS AND
METHODS TO MAKE FULL USE OF THE NEW
CROP OF LEGAL TALENT AND TO MEET THE
ENORMOUS SOCIAL AND ECONOMIC PROBLEMS
OF THE FUTURE IS ONE WHICH, I FEEL,

WE MUST, AND WILL,
OF THE LAW WILL BE
OURS IS A NOBLE PR
HISTORY OF DEALING
OF MAN. I WELCOME
INTO OUR LEGAL COM
THEIR ADDITION CAN
OUR PROFESSION AND

ACCEPT. THE CHALLENGE
EVER WITH US. BUT
OFESSION 'WITH A PROUD
WITH THE PROBLEMS
THE NEW PROFESSIONALS
UNITY AND FEEL THAT
ONLY AUGUR WELL FOR
THE PUBLIC.

-20-

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 71

VOLUME V

ADDRESS OF:

BEFORE:

DATE OF DELIVERY:

TITLE

TIME:

CHESTERFIELD SMITH

PRESIDENT-ELECT

AMERICAN BAR ASSOCIATION

KEYNOTE ADDRESS

LAW DAY CONFERENCE ON EAST-WEST

TRADE

UNIVERSITY OF GEORGIA LAW SCHOOL

ATHENS, GEORGIA

FRIDAY, APRIL 27, 1973

MORNING SESSION MEETING

EAST-WEST TRADE AS A HARBINGER

OF WORLD PEACE

FIFTEEN MINUTES

mi:'">*uy^-"j.-^ j* ^-'"^*^*^^^v^'w'^'r';-.^*;^^^^^

LAW DAY USA, INAUGURATED BY THE AMERICAN BAR ASSOCIATION ON

MAY 1, 1958, IS DESIGNED AS A DAY WHEN OUR CITIZENS REAFFIRM THEIR

DEDICATION TO THE RULE OF LAW AND TO THE LIBERTIES SAFEGUARDED BY

OUR JUSTICE SYSTEM. WE HONOR THE LAW ON THIS DAY BECAUSE WE BELIEVE

THAT LAW PRESERVES OUR CIVILIZED SOCIETY, PROTECTS THE DIGNITY OF

THE INDIVIDUAL, AND INSURES PERSONAL LIBERTY. LAW DAY USA IS NOT,

AS SOME HAVE CLAIMED, SIMPLY A KIND OF ANTIDOTE TO THE MILITARILY

INSPIRED MAY DAY OBSERVED IN SO MANY OTHER COUNTRIES. RATHER, IT IS

A DAY DESIGNED TO REMIND AMERICANS OF THEIR RESPONSIBILITY IN

MAINTAINING AND IMPROVING OUR JUSTICE SYSTEM THROUGH PERSONAL INTEREST

AND INDIVIDUAL PARTICIPATION. THIS YEAR'S LAW DAY THEME, "HELP

YOUR COURTS -- ASSURE JUSTICE", FOCUSES UPON CITIZEN INVOLVEMENT IN

MODERNIZING AND IMPROVING OUR COURTS IN ORDER THAT THE JUSTICE

SYSTEM MAY BETTER CONFORM TO THE NEEDS OF THE EXISTING SOCIETY. OUR

TRADITIONAL GOAL OF EQUAL JUSTICE UNDER THE LAW FOR ALL OF OUR

CITIZENS REGARDLESS OF SOCIAL POSITION, ECONOMIC STATUS, OR

IDEOLOGICAL BELIEF IS EVER BEFORE US,. YET IN MANY WAYS IT REMAINS

ELUSIVE. LIKE ANY CIVILIZED SOCIETY, WE ACKNOWLEDGE THE ABSOLUTE

NECESSITY OF CONTINUALLY REEVALUATING, REANALYZING AND RESTRUCTURING

OUR INSTITUTIONS TO DETERMINE HOW SUCH GOVERNMENTAL DEVICES CAN

BETTER MEET THE LEGITIMATE AND EVER-EXPANDING NEEDS OF OUR CITIZENS.

ACROSS OUR COUNTRY -DURING THIS WEEK IN WHICH WE CELEBRATE LAW DAY USA,

THE EXAMINATION OR REEXAMINATION OF OUR COURT SYSTEMS IS BEING

HIGHLIGHTED BY HUNDREDS OF CITIZEN CONFERENCES, MEETINGS, AND

EDUCATIONAL PROGRAMS, CONDUCTED UNDER THE LEADERSHIP OF THE ORGANIZED

BAR. I AM VERY PROUD OF THE ROLE OF THE AMERICAN BAR ASSOCIATION IN

INSPIRING AND LEADING THIS LAW DAY RECOGNITION.

BUT THIS ABA CONFERENCE TODAY IN ATHENS, GEORGIA, WHILE IT

IS A LAW DAY OBSERVANCE, HAS A SLIGHTLY DIFFERENT CHARACTER AND

EMPHASIS. ALTHOUGH CENTERED AROUND THE LAW DAY CONCEPT, ITS SCOPE

IS BROADER, ENCOMPASSING THE RULE OF LAW AS IT PERTAINS TO THE WORLD

COMMUNITY OF NATIONS. I AM ADVISED THAT THIS IS THE THIRD YEAR THAT

THE AMERICAN BAR ASSOCIATION'S STANDING COMMITTEE ON EDUCATION ABOUT

COMMUNISM HAS SPONSORED OR CO-SPONSORED A CONFERENCE SUCH AS THIS

AT A UNIVERSITY LAW SCHOOL. I COMMEND THE COMMITTEE AND THE AMERICAN

IBAR ASSOCIATION'S SECTION ON INTERNATIONAL LAW FOR INSPIRING THIS

CONFERENCE,ON WHAT IS OBVIOUSLY A MOST TOPICAL AND TIMELY SUBJECT -

NAMELY, THE PROSPECTS AND POTENTIAL FOR EXPANDED EAST-WEST TRADE.

IT SEEMS TO ME THAT THE SIGNIFICANCE OF EAST-WEST TRADE LIES NOT

ONLY IN THE BASE ECONOMICS OF TRADE BALANCES OR EVEN IN IMPORT-EXPORT

QUOTAS, PERHAPS OF MOST IMPORTANCE IS THE REAL PROBABILITY THAT SUCH

TRADE WILL ENHANCE MUTUAL UNDERSTANDING AND COOPERATION BETWEEN THE

COMMUNIST AND NON-COMMUNIST WORLDS. IT HAS BEEN SAID THAT THE FAMILY

WHICH PLAYS TOGETHER STAYS TOGETHER. CERTAINLY IT MUST BE EQUALLY

TRUE THAT A GROUP OF NATIONS WITH TRADE ALLIANCES ARE MORE PRONE TO

HAVE HARMONIOUS RELATIONS THAN ARE NATIONS WHICH HAVE NO VIABLE

COMMERCIAL TIES.

THE PAGES OF HISTORY ARE RIDDLED WITH EVIDENCE OF THE SUFFERING

AND ANGUISH WHICH SEEM INEVITABLY TO RESULT TO THE PEOPLES OF THOSE

NATIONS WHICH OVER A-LONG PERIOD FAIL TO COMMUNICATE AND

COOPERATE WITH ONE ANOTHER; YET, IT SEEMS TO ME WE IGNORE THOSE

LESSONS OF HISTORY WHEN WE RING OUR NATIONS WITH RESTRICTIONS ON FREE

COMMERCIAL INTERCOURSE. THIS CENTURY HAS SEEN TWO MASSIVE, AND

i~______O________rl__CI____l_____l~ 11 111~nlll~l~l 1~1~*1-.~r~-.11--I-T1II1PI~~~--.. --~-

COUNTLESS SMALLER YET NO LESS TERRIBLE WARS BETWEEN THE PEOPLES

OF OUR WORLD. WHILE MOST OF THOSE NATIONS WHICH ENGAGED IN THOSE

WARS HAVE SOMEWHAT SIMILAR INTERNAL SYSTEMS AND METHODS OF RESOLVING

DIFFERENCES AND SETTLING DISPUTES; THE SAD FACT IS THAT WARFARE WAS

STILL CONSIDERED BY MANY, IF NOT MOST OF THOSE NATIONS, TO BE THE

HIGHEST AND BEST TOOL FOR RESOLVING THEIR INTERNATIONAL DISPUTES.

WE ALL READILY ACKNOWLEDGE THAT TODAY FEAR AND MISTRUST STILL

CHARACTERIZE THE RELATIONS BETWEEN THE POWERFUL GOVERNMENTS OF OUR

WORLD. THE SPECTRE OF NUCLEAR WAR HAS TOO LONG HUNG HEAVY OVER US.

CYNICS ARE OFTEN FOND OF SAYING THAT INTERNATIONAL CONFLICT AND

WARFARE ARE INEVITABLE AND THAT WARS WILL OCCUR WITH CYCLICAL

CERTAINTY. I REJECT THAT POSITION I CONFIDENTLY ASSERT THAT

MANKIND IS MADE OF STRONGER STUFF THAT IN TIME AND POSSIBLY THAT

TIME IS IN THE NEAR FUTURE MANKIND WILL DISCOVER THE MEANS TO

RESOLVE DIFFERENCES BETWEEN NATIONS AND CLARIFY RELATIONSHIPS AMONG

THEM WITHOUT RESORTING TO ARMED CONFLICT. A WORLD EQUIPPED WITH THE

ABILITY TO PERMIT 'A HUMAN-BEING TO DRIVE A LAND ROVER ACROSS THE

SURFACE OF THE MOON SURELY SHOULD BE CAPABLE OF DEVISING INSTITUTIONS

AND MEANS FOR PEACEFUL WORLD COEXISTENCE AND I BELIEVE THAT IT

SOON WILL. JUST AS MANY SINGLE NATIONS.HAVE THROUGH VARIOUS FORMS

AND MEANS OF LEGAL INSTITUTIONS, LAW, AND GOVERNMENT DEVISED METHODS

TO SOLVE INTERNAL DISPUTES TO RESOLVE ON A CONSENSUS IN DIRECTION

FOR ALL OF ITS PEOPLE TO PUT ASIDE INDIVIDUAL ASPIRATIONS FOR THE

COMMON GOOD SO, TQO I FEEL CAN NATIONS SIMILARLY SUCCEED AT

THE INTERNATIONAL LEVEL, AND IF THAT TIME IS NOT NOW, IT CANNOT BE

TOO VERY FAR AWAY.

RECENT EVENTS SEEM TO POINT IN THAT DIRECTION. WITHIN THIS

PAST YEAR, OUR PRESIDENT HAS CONCLUDED CONFERENCES AND AGREEMENTS

WITH CHINA AND THE SOVIET UNION WHICH PORTEND A NEW ERA OF

COOPERATION AND COMMUNICATION BETWEEN THOSE COUNTRIES. MOST FAVORED

NATION TRADE STATUS IS NOW BEING CONSIDERED IN OUR CONGRESS FOR

NATIONS WHICH NOT LONG AGO WERE UNDER COMPLETE TRADE EMBARGO; IN

MY OPINION, THE INCREASED AND BENEFICIAL CONTACTS PRIVATE,

COMMERCIAL AND GOVERNMENTAL BETWEEN THE U.S. AND THOSE NATIONS,

'WHICH WILL OF NECESSITY OCCUR, CAN ONLY BRING BENEFICIAL RESULTS.

IT SEEMS ABSOLUTELY CLEAR TO ME AS A PRIVATE-PRACTICING TRIAL LAWYER -

WITHOUT INTERNATIONAL CONTACTS, OR SPECIAL INTEREST OF KNOWLEDGE IN

EITHER FOREIGN AFFAIRS OR INTERNATIONAL LAW, THAT TRADE, AND THE

INTERNATIONAL EXCHANGE OF GOODS, BETWEEN THE COMMUNIST NATIONS AND

THE UNITED STATES CAN ONLY FURTHER THE CAUSE OF PEACE IN THE WORLD.

THROUGH TRADE COMES UNDERSTANDING AND THROUGH UNDERSTANDING COMES

MUTUAL RESPECT. THE INCREASED INTERRELATION OF THE PEOPLES OF THE

NON-COMMUNIST AND COMMUNIST WORLDS THROUGH BUSINESS AND TRADE

RELATIONS WILL NECESSARILY REQUIRE THE FORMATION OF STRUCTURES AND

MEANS FOR SETTLING BUSINESS DIFFERENCES AND CONFLICTS RESULTING FROM

SUCH RELATIONS. UNDOUBTEDLY, THE OUTCOME HAS TO BE A STRONGER

RELIANCE UPON INTERNATIONAL LAW STRUCTURES AND AGREEMENTS UPON

INTERNATIONAL COURTS OR ARBITRATORS UPON RESOLUTIONS OF DIFFERENCES

BETWEEN COUNTRIES UNDER THE RULES OF A UNIVERSALLY ACCEPTED COMMERCIAL

LAW. IF THE EARLY EXPERIENCE OF COMMERCIAL AND TRADE RELATIONS AMONG

OUR OWN SOVEREIGN STATES UNDER THE FEDERAL SYSTEM IS ANY CLEAR GUIDE

OR PRECEDENT, INCREASED-TRADE AND INTERDEPENDENCE WILL ONLY SPAWN

RULES AND LEGAL INSTITUTIONS WHICH MAY EVENTUALLY REPLACE FORCE AS A

MEANS OF SETTLING DIFFERENCES.

- ~-'n'- rt'tCrIYt ~ ~tV~rrr rn

."`:':.'.f TC'E~::r~r~~.T~:~~.;.;,l-I1L .i'r ~i r:-.~iiJ~:3~??1:l~:rl:'Vr~c~h.~ii~:: .il' -7_*.?~.~CIPC~l~Cv7

I AM SURE THAT WE ALL AGREE THAT AMONG THE FOREMOST GOALS OF

MANKIND IS A PEACEFUL WORLD ORDER WITH JUSTICE, AND THAT WE ARE

FURTHERING THE REALIZATION OF THAT GOAL BY FREQUENT COMMERCIAL

CONTACTS BY THE PEOPLES OF THE WORLD. TRADESMEN IN THE SOVIET UNION,

CHINA, AND THE UNITED STATES HAVE NO DESIRE TO ENGAGE IN ANY WARS

WITH ONE ANOTHER THEY OBVIOUSLY AND SIMPLY WISH TO TRADE IN PEACE

AND HARMONY TO CONDUCT THEIR BUSINESSES AND DERIVE THE BENEFITS

OF THEIR LABOR. THESE MEN AND WOMEN CLEARLY WANT ONLY TO LIVE THEIR

LIVES WITHOUT DISCORD AND TRAVAIL. OUR GOAL AS MEN OF THE LAW -

WHICH IS ATTAINABLE MUST BE SOON TO DISCOVER EFFECTIVE MEANS WHEREBY

EVERY MAN, .WOMAN, AND CHILD CAN LIVE, TRAVEL, AND DO BUSINESS ANYWHERE

AND ANYPLACE IN-THE WORLD AT ANY AND ALL TIMES IN THE PEACE, DIGNITY,

AND FREEDOM. WILL ROGERS, THE COMMON SENSE PHILOSOPHER OF THE 1930'S

MADE PERHAPS HIS MOST REMEMBERED STATEMENT WHEN HE SAID "I'VE NEVER

MET A MAN I DIDN'T LIKE," THE BEST OF HUMAN TRAITS EMERGE WHEN MEN

INTERACT FOR A COMMON PURPOSE. TRULY, THE PEOPLES OF THE WORLD CAN,

I FEEL, "LIKE" EACH OTHER IF THEY "MEET" EACH OTHER WITH A

RESULTING BENEFIT OF SUBSTANTIALLY INCREASED COOPERATION IN ALL

AREAS. GOVERNMENTS MAY AND QUITE OFTEN DO HAVE DIFFERING

IDEOLOGIES AND FORMS, BUT THE INDIVIDUALS I HAVE PERSONALLY KNOWN

FROM OTHER COUNTRIES SEEM TO ME TO EXHIBIT NO VAST DIFFERENCES FROM

MY ACQUAINTANCES HERE. WHEN YOU'RE SPEAKING ON AN INDIVIDUAL LEVEL,

PEOPLE ARE PEOPLE THE WORLD OVER REGARDLESS OF WHAT COUNTRY THEY

CALL "HOME."

THE TASK OF WORKING OUT THE PARTICULARS OF TRADE BETWEEN OUR

COUNTRIES IS THE BUSINESS OF BUSINESSMEN AND GOVERNMENTS BUT IT CAN

BE GREATLY REINFORCED AND FOSTERED BY CONFERENCES SUCH AS THIS.

FROM THIS MANIFESTATION BY PRIVATE CITIZENS OF A DESIRE TO ENGAGE

IN MORE FOREIGN TRADE AND COMMERCIAL TRANSACTIONS, IT IS EASY TO

ENVISION A REAL BEGINNING TO A NEW ERA OF PEACE ON OUR GLOBE. I

HAIL THE WORLD-WIDE SPREAD OF COURT ADMINISTERED JUSTICE WHICH I

FORESEE AS A LOGICAL SEQUENCE TO A FULL-BLOWN ECONOMIC RELATIONSHIP

BETWEEN ALL NATIONS OF THE WORLD AND I SALUTE THOSE WHO ARE HELPING

TO BRING IT ABOUT. THE AMERICAN BAR ASSOCIATION AS THE NATIONAL

VOICE OF THE LEGAL PROFESSION IN THE UNITED STATES HAS LONG

ADVOCATED THE ABILITY OF THE LAW TO SUPPLANT BRUTE FORCE AS AN

ORGANIZATIONAL TOOL OF MANKIND. WE HAVE LONG RECOGNIZED THAT OUR

RESPONSIBILITY, AS MEN WHO HONOR AND CHERISH THE LAW, TRANSCENDS THE

BOUNDARIES OF OUR OWN COUNTRY THAT TRULY IT EMBRACES ALL PEOPLES -

ALL NATIONS ALL MANKIND. THE TIME HAS COME FOR US AS MEN OF- THE LAW

TO UNITE IN AN EFFORT TO BRING ALL OF THE PEOPLES OF THE WORLD CLOSER

TOGETHER AND UNDER THE RULE OF LAW. THAT GOAL IS INDEED WITHIN REACH

IF WE CAN MUSTER THE AID OF THE INTERNATIONAL LEGAL AND BUSINESS

COMMUNITIES IN THAT EFFORT. I, FOR ONE, AM DELIGHTED WITH THIS

CONFERENCE. FROM SUCH BEGINNINGS, THERE IS MUCH HOPE FOR A BRIGHTER

FUTURE.

(THANK YOU.)

?~Th't~'"fX.W.t"~'?4' rw'~t-~r--Ic-rn-

IT~M*PI-,;i~rry ilr~*nrr;~.m~;l~ll~~rrm:rrr r~nm~**cr~-nr*rr3r~-r*-*--r*rsr

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 72

VOLUME V

ADDRESS OF:

CHESTERFIELD SMITH

PRESIDENT-ELECT

AMERICAN BAR ASSOCIATION

BEFORE:

LAW DAY

WASHTENAU COUNTY BAR ASSOCIATION

ANN ARBOR, MICHIGAN

DATE OF DELIVERY:

TUESDAY, MAY 1, 1973

TITLE:

TIME:

AN INVOLVED AND ACTIVE CITIZENRY

IS AN ESSENTIAL

PREREQUISITE TO ANY

HAPPY AND CONTENTED DEMOCRACY.

CITIZEN CONCERN,

VOICED THROUGH

REPRESENTATIVES AT ALL

LEVELS

IDEALLY,

ELECTED

INSURES

THAT SOCIETAL INSTITUTIONS

ADEQUATELY RESPOND

GOVERNMENT DEVOID

INVOLVEMENT

AND LAWS

TO PUBLIC NEEDS.

ACTIVE CITIZEN

IN ITS MULTIFARIOUS PROCESSES

CANNOT LONG ENDURE WITHOUT

DISCORD

, AND OPPRESSION.

FORTUNATELY,,

A CONCERNED AND ACTIVE CITIZENRY HAS

DISORDER,

~*~-.~lxrrt;mm;ll;srT'C`:l:

BEEN THE STRONG

THE FABRIC 0

WE AMERICANS

F OUR AMERICAN

TRADITIONALLY

WAY OF LIFE.

HAVE BEEN A

"CAN DO"

PEOPLE

-- RESPONDING

PROMPTLY

FREELY

AND EFFECTIVELY

AND POLITICAL

CYNICISM

PROBLEMS.

AND CRITICISM

TO GOVERNMENTAL

DESPITE THE

OF MANY, IT

SEEMS

CLEAR

TO ME

THAT OUR

NATION

STILL

STANDS

AS THE WORLD'S

PROUDEST

EXAMPLE

OF LIBERTY

AND SELF-DETERMINATION.

LAW DAY 1973 IS TARGETED

BY THE

AMERICAN

BAR ASSOCIATION

AT ENLISTING

-2-

FIBER IN

HISTORICALLY

POWER AND ENERGY

OR AT LEAST

MITIGATING,

A MAJOR

GOVERN-

MENTAL

DILEMMA

FACING

OUR NATION

TODAY.

THE LAW DAY THEME,

"HELP

YOUR COURTS

ASSURE

JUSTICE"

IS AN EARNEST

CALL TO

UNINVOLVED

AMERICANS

TO JOIN WITH

CONCERNED

LAWYERS

JUDGES,

AND CITIZENS

IN IMPROVING

OUR SYSTEM

OF JUSTICE

IN PARTICULAR

OUR COURTS.

CERTAINLY

, NO ONE ASPECT

OF OUR

NATIONAL

LIFE

OF BOTH DOMESTIC

S BEEN A GREATER SOURCE

AND INTERNATIONAL PRIDE

-3-

C ri- q9""Z-^r.l- ~:n~-~72~~ ~'l"%'l'

AND,

i~ll~n~3UUa~i~RLrrm4~n*~D1XI1~-wrr~NI~ ~a~Canuln*--nlr-~r.(.*r.lrr-nr~~~I ninr~r~l~~Fli n;.;~ye~tl~15~5r~~I/

IN CURING

THAT CITIZEN

--

THAN OUR PROFESSED GUARANTEE OF "FREEDOM

AND JUSTICE FOR ALL."

SADLY,

IT SEEMS

E THAT

THAT PROUD STANDARD IN MANY

- AND IN MANY RESPECTS

MORE AND MORE A BOGUS GUARA

- IS BECOMING

NTEE TO LARGE

SEGMENTS

OF OUR POPULATION.

OUR JUDICIAL

INSTITUTIONS

IN MANY PARTICULARS

SIMPLY FAILING

TO MEET'

THE MINIMUM NEEDS

OF MODERN

SOCIETY.

INDICATIONS

OF THAT

PARTIAL FAILURE ARE

READILY APPARENT

TO

EVEN THE MOST CASUAL OBSERVER.

OUR PRISONS ARE FILLED

TO OVER-

-4-

----- --- -c-r~r 7n~~rr~ Nt ;.W-r.,* I~W~*Q,9,wti; r lwi*.: 'W*"t'7.

TO M

WAYS

ARE

	Table of Contents
	1973 medicolegal symposium
	Social concerns of public utilities...
	American Judicature Society - Citizens...
	Professional utilization - The...
	East-West trade as a harbinger...
	Law day
	The role of the American Bar Association...
	Societal crisis - The case for...
	Judicial selection: A question...
	Law school administration...
	The supportive role of the practicing...
	Law - The protector of international...
	National association of college...
	National college of the state...
	Paraprofessionals in the future...
	Lakeland and Bartow, Florida chamber...
	Joint meeting of bar associati...
	The legal profession and the...

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