if J IT
Hill . . . "The judicial
system in this country has
to make some drastic
changes."
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H
ill sees problems,
challenge
When Federal Judge Irving
Hill came to Lincoln for
Masters Week, walking into the
Nebraska Union was an event
he had looked forward to for
35 years.
As president of NU's
student council in his
undergraduate days, Hill helped
convince the Regents "during
the worst of the depression" to
approve construction of the
Union. He saw it for the first
time last weekend.
The former Innocents
Society member and Corn Cobs
president is now a U.S. District
Judge in Los Angeles.
"IT'S ALWAYS BEEN my
ambition to be a federal
judge," he said. "But since
getting it I've never worked so
hard in my life."
Hill got his federal
appointment in 1964, after 15
years of private practice in
Beverly Hills and three years in
California's state court system.
"The whole atmosphere of
trials in federal courts is more
dignified, more of a search for
truth." he said. "State courts
deal more in battles of wit and
oratory."
"The federal court system
has always been several notches
ahead of the state courts," the
1939 cum laude graduate ot
Harvard Law School continued.
"Especially in the area of
procedural reforms."
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in courts
federal courts have the most
advanced rules and best people
working on them, Hill noted,
the "immense explosion" in
federal jurisdiction since 1960
keeps him "working night and
day to keep pace."
"Every time Congress sees a
new field for federal
intervention it makes new
federal crimes for us to
handle," Hill explained, citing
recent gun control and civil
rights legislation as his
examples.
"Congress can't keep
loading work on the federal
system in huge chunks without
enlarging it drastically," he
said.
THE RECOURSE STATE
prisoners have to federal courts
in habeas corpus and state trial
procedural complaints, is
another reason for the
increased workload of the
federal courts Hill said. "We get
100-150 of these a month in
our court."
But Hill said he can still
keep his head above water in
Los Angeles, "I can offer a man
a trial in two weeks over a
minor case or within a month
in a major case.
The state courts are another
matter, according to Hill. "The
state judges and supporting
personnel aren't paid as well,"
he said. "But their jurisdictions
are larger." He noted the
number of automobile and
alcohol cases state courts have
to handle.
"THE JUDICIAL SYSTEM
in this country has to make
some drastic changes," Hill
said.
And the former assistant to
the U.S. District Attorney and
legal adviser to the U.S. United
Nations delegation has some
changes he would like to see
made:
-Take auto litigation out of
the courts and handle it with
administrative tribunals.
-Eliminate the right to a
jury trial in auto accident cases.
-Make court -clogging crimes
like drunkenness, vagrancy, and
"perhaps" marijuana
non-criminal.
-Cut jury size from 12 to
six.
--End requirement for
unanimous juries so that 10
votes out of 12 would be
sufficient to render a decision.
--More computers,
mechanical aids, and
better-trained administrators.
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Kuklin . . . throwing bombs defeats the whole movement.
Kuklin: law schools
gaining awareness
Becoming an assistant dean
of the distinguished University
of Michigan Law School at age
29 must be some kind of
record, right?
"Oh, no," answered Bailey
Kuklin, 1963 NU graduate here
for Masters Week. "The trend is
toward youth these days."
Kuklin only graduated from
the Michigan Law School in
1966. He's back there as an
assistant dean after one year at
Stanford on a teaching
fellowship, two years as a Peace
Corps technical assistance
volunteer in Nepal and one
year with the Legal Aid Society
in White Plains, N. Y., where he
helped low income people with
legal problems.
When he left Michigan in
1966 the "law school was two
years behind the undergraduate
schools in social awareness,"
Kuklin said. "But now there is
an ever-increasing number of
law students aware of the need
for social change."
Kuklin is glad about the
increasing awareness because
"any change that comes has to
come from within the system,"
he said. "People who get out of
the system spend a few years of
frustration beating their heads
on the wall, then they start
throwing bombs. Throwing
bombs defeats the whole
movement."
Change is badly needed in
the country's prisons, Kuklin
thinks. "They're in a disastrous
condition," he said. He blamed
poor laws and a general lack of
money for this condition.
"Punishment is supposed to
provide rehabilitation as well as
being retributive and
exemplary," Kuklin explained.
"Now it is simply retributive
and exemplary."
"Soft criminals become hard
in our prisons," he continued.
"The idea of putting alcoholics
in prison is disgraceful."
But there are no other
institutions available now for
treating alcoholics, d. ug addicts
and other social criminals,
Kuklin added. "Prisons are
used by judges because there's
no other place to send them."
Kuklin also sees problems in
the judicial system. "Local
judges often are elected, and
have to be too directly involved
in local politics," he said.
"They don't have the overview
of federal judges."
On the whole the federal
judiciary system outshines state
systems, according to Kuklin.
"Federal judges are appointed,
and therefore of higher
quality," he said. "A broader
base of selection is used in
choosing federal juries, and
they are tetter paid."
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WEDNESDAY, MARCH 10, 1971
PAGE 6
THE DAILY NEBRASKAN
111 -ww V v
