monday, ncsvember 24, 1975 volume 99 number 52 lincoln, nebraska
ByRexSeline
A Nebraska Bar Association advisory
committee ruling, first revealed Nov. 8,
modified an earlier, stricter ruling con
cerning lawyers who serve as public of
ficials and at least one law firm is in a
quandary because of it.
The latest ruling effectively reverses the
first that said public officials could not
practice law in courts in which they had a
legislative effect.
The former ruling said a county board
member could not practice law in county
courts, a city councilman could not prac
tice hi municipal courts and a state senator
could not appear before the State Supreme
Court. The ruling also applied to law firm
partners of public officials.
The latest ruling, solicited by Lincoln
City Councilman Max Denney and Omaha
State Sen. John Cavanaugh HI in response
to the first, outlines three guidelines to
avoid conflict of interest for lawyers in
government, Denney said.
They include:
-Attorneys may not use their official
positions for the special advantage or for
their clients.
-Attorneys cannot represent a client in
any situation that could come before them
in their governmental position.
-All other laws or Bar Association
Canons of Ethics pertaining to conflict of
interest must be followed.
Law partnership broken
The former ruling was solicited by Lan
caster County Commissioner Bruce Hamil
ton and City Councilman John Robinson,
consequently breaking up their law part
nership with Doug German.
The Bar -Association Advisory Commit
tee is made up of lawyers appointed by the
State Supreme Court.
"We're kind of in a quandary " Hamil
ton said. "We've already closed our firm
down and I don't think well be putting
it back togethef again."
Hamilton said he preferred the first
ruling.
He said, as a county board member, he
setj county judges' salaries and votes on
matters which could later be brought up in
court, resulting in a potential conflict of
interest.
Hamilton's former partner Robinson
had the same problem in voting on city
ordinances which might go to municipal
court-with Robinson a possible lawyer in
the case.
Uncomfortable position
"If it's not an ethical conflict, then it
certainly puts us in an uncomfortable po
sition (with county and municipal judges),"
Hamilton said.
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Orange peels and a tombstone were only shadows of what was in store
for Nebraska Saturday as the Oklahoma So oners buried the Huskers
35-10. The Huskers accepted a bid to the Fiesta Bowl Sunday. See
pictures on pages 6 and 7, stories on page 10.
He intends to avoid practicing in county
courts despite the latest decision, although
he said he might practice in municipal
courts since Robinson is no longer a
partner.
Denney said he was pleased with the
latest decision, but raised another question
for the advisory committee when he asked
for clarification 'of the first ruling.
"If I had decided to dissolve my part
nership, if I had taken my name off the
letterhead and the partnership, could I
then stay in the same suite of offices and
just rent an office?" Denney asked.
He said the committee told him the
answer would come in the near future.
Slow lawyers down
"It's going to make lawyers look at run
ning more carefully to see how it would ef
fect their practice," Denney said. "It will
slow lawyers down."
Cavanaugh, one of three Legislative
attorneys, said the first decision would
have precluded lawyers from running for
office because they would suffer too great
a loss of income not practicing law while
in office.
"The idea of eliminating conflicts of
interest is desirable," he said. "It would
certainly be improper of rne to take legal
clients who wanted legislation passed (in
the Unicameral).
Cat, mouse game ends
"What the first ruling was trying to say
that if you had jurisdiction over making
laws you had a conflict of interest-is not
demonstrated in actual fact."
Joined Denney
Cavanaugh said he joined Denney in
?.sking for the second ruling because if the
first ruling was expanded to include state
legislators, he would have to leave the
Legislature.
The decision will have less effect on
Cavanaugh because he said he will not run
for the Legislature again. Cavanaugh plans
on running for the second district congres
sional seat in 1976, now held by John Y.
McCollister, who is running for the Senate.
Lincoln State Sen. Roland Luedtke, an
attorney, said the second decision was
"very good, very positive."
"It acknowledges the place for lawyers
in government and the legislative arena,"
he said.
"You can't do something for a client in
the Legislature without violating ethical
responsibilities.
"You don't just have to think about the
few (lawyers) who messed up in the Water
gate thing. There are lawyers who have
done a lot of good for this country," he
added.
Sen. John DeCamp of Neligh, the third
lawyer in the Unicameral, was unavailable
for comment.
Hibler to appear in court
By Lorraine Hughes
The cat and mouse game between David
Hibler, a UNL English professor, and
the Lincoln Police Dept. may finally come
to an end-police say Hibler has agreed to
appear in court.
On Nov. 3, an arrest warrant was issued
by Municipal Court because Hibler refused
to appear to face criminal charges for
allowing three goats to graze in Wilderness
Park.
Hibler said Park Ranger Don Jenkins,
who issued the citation in response to a
complaint filed by a park employe about
the wandering goats, had no authority
to arrest him on his own property for a
noncrime committed by goats that were
not his.
According to Hibler, a horse belonging
to Jenkins had escaped from Meisinger
stables six weeks ago and had done
considerable damage to his fence and
corral gate which he alleged has not yet
been repaired by Jenkins.
Since the arrest warrant has been issued,
Hibler said he has noticed numerous
policemen in the vicintiy of his home and
office.
Nov. 13, two campus policemen and
one city policeman attempted to arrest
. Hibler in Andrews Hall, according to
Campus Police Sgt. Al Broadstone.
Broadstone said he passed Hibler in the
hall and followed him to third floor,
where he disappeared. Thinking Hibler
retreated to his office, Broadstone said
they asked a custodian to unlock Hibler's
door.
"Nothing was disturbed or touched,"
Boradstone said, "and we made no search
of his office." He said Hibler was not in lus
office and they were in the room for about
15 seconds.
Hibler, however, said he was in his
office and when he heard the officers
coming, he stood behind the door where
he was hidden when the door was opened.
He claimed the officers looked at some
papers on his desk and made an illegal
search of his office.
In a letter to the warrant officer of the
Lincoln Police Dept. concerning the goats,
Hibler said this incident, as well as other
recent events which have transpired
between police and citizens, should give
"reasoning men and women serious cause
for concern over the seeming erosion of
civil liberties."
Fiesta lottery hside
begins Dec. 2
Assistance center bids are opened
Bids were opened Friday on proposed
construction of the Campus Assistance
Center in the current television lounge of
the Nebraska Union, according to Allen
Bennett, Union director.
The center, planned for completion by
early next year, was approved by the
Union Board at its meeting last week.
Low bid for the general contract was
by Judds Bros. Construction Co. of
Lincoln at $14,418.
Bennett said bids now would be
analyzed by UNL's Purchasing Dept. and
Physical Plant before being awarded.
Student applications for tickets to the
1975 Fiesta Bowl Dec. 26 in Tempe,
Ariz., will be taken Dec. 2 through 4 from
9 a.m. to noon and 1 p.m. to 4 pjn.
at the ticket office in the South Stadium.
The lottery tickets, offered to full-time
students only, are to be paid for ' by
personal check, cash or money order when
applied for. Each student must present his
own student ID, and students wishing to sit
together as a group (not to exceed six)
must all be present and apply together.
Students may apply for one ticket per ID,
and married students may apply for two.
Winning lottery numbers will be
published in the Dec. 8 Daily Nebraskan,
and the tickets may be picked up Dec. 9
through 1 1 st the ticket office. Each
student must call for -end sign for his own
ticket, presenting his application receint
and his ID. Married students will be
required to show a certificate of marriage.
Consulting firm: To study "very
subjective" Lincoln police
entrance exam standards .... p. 1 1
Last year's "Hotline": Still
valuable minority directory. . . p.2
Also Find:
Editorials P4
Arts and Entertainment p. 8
Sports P-10
Short Stuff p.3
Crossword p. 5
Weather
Monday: Cloudy and windy. Chance of
snow accumulation. Temperatures ranging
from the low to mid-20$.
Monday night: Mostly fair and cold.
Temperatures in the low teens.
Tuesday: Partly cloudy and cool. Highs
in the upper 20s to low 30s.