Centerfor · Constitutional "':I Rights • 1976~1977 Criminal Justice . .. .. .. 3 Women's ltigllts ................. 6 Government Misconduct .. .. .. .. .. 10 Grand Juries .. .. .. .. 12 International 14 .. Attacks on Lawyers .............. 16 Labor ................. 17 First Amendment ltigllts . .. .. .. 19 Table of fiiUf' "n<IV IH/IHf'•P 1'Hfllt tV AOft.IJPM fN1' Cases .................. 21 ll/IH1'$. THill "rllfY ~N/f'f!P .,.,t,lt 4"' ltl-ft!No~<~tNr Jli6HT"S Now 1'/tty Financial WM(f'" ALL nt£1/( Statements .. .. .. .. 22 fti&Hf'"J••• .. c:aa.- Once there was a very wise old man, and he could answer questions that was almost impossible for people to answer. Two young This Docket Report is dedicated people went to him one day, and said "We're to Fannie Lou Hamer Criminal Justice going to trick this guy today. We'regoing to (1917 -1977), a great leader catch a bird, and we're going to carry it to in the people's movement. this old man. We're going to ask him, 'This that we hold in our hands today, is it alive or dead?' If he says dead, we're going to turn it Her courage and determination loose and let it fly. But if he says alive, we're to speak the truth about Mississippi 1. State ofWashington v. Wanrow going to crush it." the criminal courts. In his judicial capacity, Judge Wright ad­ and the rest of the country In August, 1973, Yvonne Wanrow, a Colville Indian, was sen­ hered to the constitutional right to bail, refusing to use it as a So they walked up to this old man, and said, has been and continues to be tenced to twenty years in prison for fatally shooting a 62-year· system of preventive detention. He also broke "club rules" by ''This that we hold in our hands today, is it old known child molester, who attacked her son, and had pre· speaking out against the racism and venality of the criminal alive or dead?" He looked at the young an inspiration to us. viously raped her babysitter's 7-year-old daughter, giving her justice system. He became the target of a vicious campaign of people and he smiled. a venereal disease. smears, harassment, and ostracism, orchestrated by the court And he said, "It's in your hands. " Her legacy of struggle is in our hands. During the trial, she was represented by counsel from administration, prosecutors, police and the press. When these Spokane, Washington, where the incident took place, who measures failed to restrain him or drive him from the bench, From Fannie Lou Hamer'sspeech at the subsequently appealed the conviction. In August, 1975, the the court administration transferred him from criminal to NAACP Legal Derense Fund Institute Washington State Court of Appeals reversed her conviction, civil court where, presumably, he could do Jess "harm" on be­ in 1971. Excerpted in LNS. based on the illegal use of her tape recorded conversation to half of the oppressed. the police following the incident. The State, anxious that a CCR lawyers, together with attorneys from the National precedent not be set against using similar tape recordings in Conference of Black Lawyers and the National Lawyers the future, appealed the reversal to the Supreme Court of Guild, designed a federal civil rights action attacking the con· Washington. stitutionality of the transfer, and demanding Judge Wright's Wanrow came to the Center for help and CCR lawyers, as return to criminal court. Against a motion to dismiss, the fed­ Center for Constitutional Rights 853 Broadway New York, N.Y. 10003 [2121674-3303 part of an all woman defense team, argued in the Supreme eral district court upheld Judge Wright's claims that the Court against the use of the tape recording and submitted a transfer was instigated to punish him for his race, bail deci­ CooperaUn1 Attortt.,YI Offic:en And Board Or TI'Uiteel supplemental brief attacking the sex stereotyped instruc· sions and controversial public statements concerning the ad­ ROBERT BOEHM WILLIAM ALLISON WILLIAM HIGGS ,JENNIE RHINE tions on the issue of self defense submitted to the jury at the ministration of justice. Chairperson ur lhe Board Louisville, Ky. Washington, D.C. Oakland, Calor close of the trial. We argued that the judge's failure to direct After the suit was filed, the Criminal Courts Committee MORTON STAVIS DANIEL ALTERMAN PHILIP HIRSCHKOP DENNIS ,J. ROBERTS Presidenl New York, N.Y. Alexandria, Vo. On~lnnd , Calif. the jury to consider all the circumstances which led up to the of the Association of the Bar of the City of New York investi· ARTHUR KINOY MARK LEMLE AMSTERDAM MARY EMMA HIXSON CATHERINE RORABACK shooting from Wanrow's own perspective prejudiced her case, gated the traflsfer. The Association filed a report supporting WILLIAM M. KUNSTLER New York, N.Y. Luuisville, Ky. New Haven, Conn. and that failure to apply such individualized standards was Judge Wright's record, criticizing the court administration PETER WEISS WILLIAM J. BENDER LINDA HUBER ALLEN ROSENBERG Vice-Presidenls Seallle, Wash. WaRhinl(llon, D.C". BciSton, Mass prejudicial to all women claiming self defense. In a landmark and the bar, and urging his return to criminal court. This Re­ ABBOTT SIMON EDWARD CARL BROEGE SUSAN B. ,JORDAN DAVID RUDOVSKY ruling, the Washington Supreme Court, sitting en bane, up­ port, however, was not entirely candid. Under the direction of Secretarytrreasurer New Ynrk, N.Y. Son Franciscu, Calif. Philadelphia, Po. PEGGY BILJ.JNGS ALVIN ,J. BRONSTEIN PERCY L . •JULIAN ••JR. MICHAEL SAYER held CCR's arguments, and declared that Wanrow was en· Cyrus Vance, its president at that time, the Association HAYWOOD BURNS Washington, D.C. Madison. Wi~c. LiRhon Falls, Moine titled to have the jury consider her actions in the light of her refused to make public crucial information concerning there­ GREGORY H. FINGER RAMSEY CLARK DA VJD KAIRYS WILLIAM H. SCHAAP ,JUDY LERNER New York, N.Y. Philadelphia, Pa. Washinglon. D C. "perceptions of the situation, including those perceptions sponsibility and motivation of the State's highest ranking DAVID SCRIBNER which were the product of our nation's long and unfortunate judge and others in the judiciary. In a strategy reminiscent of MICHAEL STANDARD BRADY COLEMAN GJ.ADYS KESSLER PAUL SCHACHTER BRUCE C. WALTZER Austin, Texas Washingtun, D.C. New Yurk, N.Y. history of sex discrimination." This ruling, the first in the Nixon's coverup, the Association actually moved in court to MARTHA COPLEMAN C.B. KING BENJAMIN SCHEERER Nacol(dochcs, Texas AJioany, Ga. Cleveland, Ohio country recognizing the particular legal problems of women claim that this information was confidential and therefore Volunteer Stall' Attorney• TIM COULTER .JACK LEVINE HELENE E. SCHWARTZ who defend themselves or their children from male attack­ privileged against discovery by us. This motion was decisive­ ARTHUR KINOY Washingtun, D.C. Philadelphia. Pa. New Yurk, N.Y. M. ers, was again aflirmed by the Washington Supreme Court in ly rejected by the district court. WILLIAM KUNSTLER RALPH SHAPIRO MORTON STAVJS I.T. CRESWELL. ,JR. ROBERT LEWIS denying the prosecutor's petition for rehearing. PETER WEISS Washington, D.C. New Yurk, N.Y. New Yurk, N.Y. Discovery completed to date demonstrates the truth of CAMERON CUNNINGHAM BETH LIVEZEY TOBIAS SIMON Despite efforts by Wanrow's supporters to convince the our allegations in the lawsuit. The judges who ordered Judge Austin, Texas Lo .. An~telell, Calif. Miami. Fla. Stall' Attomeyo state not to re-try her, the prosecuting attorney has sched· Wright's transfer were concerned with his bail decisions, and RHONDA COJ>ELON WJLLIA,\t ,J. CUNNINGHAM, S.J. GEORGE LOGAN. IJI NANCY STANLEY ,JOHN W. CORWIN Santa Clara. Calif. Phoenix. Ariz. New Yurk, N Y. uled her new trial for September, 1977. CCR staff attorney his intolerance for and criticism of racism in the criminal jus­ .lOS£ ANTONIO LUGO MICHAEL I. DAVIS HOLLY MAGUJGAN MARTIN STOLAR Liz Schneider and local counsel Mary Alice Theiler will rep­ tice system. We are now proceeding with discovery against DORIS PETERSON New York. N.Y. Philadelphia, Pa. New York, N.Y. ELIZABETH M. SCHNEIDER ALAN DRANITZKE f>IARTHA McCABE NADINE TAUS resent her at trial. the PBA, the judges, and the district attorneys, who, in re· NANCY STEARNS WaRhingllon, D.C. Nacu~tdoches, Texas Newark, N ,J. (Liz Schneider, Nancy Stearns with Mary Alice Theiler) turn, are harassing us with massive counter-discovery. The MARY DUNLOP CHARJ.F..S VICTOR McTEER DANIEL T. TAYLOR. JJl case provides an opportunity to expose not only the discrimi· Stall' San Franci~~eo , Ca. Green\·illc. Mi~. J.uuisville, Kv. MARILYN BOYDSTUN CLEMENT BERNARD D. FISCHMAN HOWARD MOORE. ,JR. DORON WEINBERG natory motivation and collusion underlying Judge Wright's Directur New York, N.Y. Berkeley, Coli f. Son Francisro, C"olor. transfer, but to expose the attitudes and conduct of the ju­ ~:LIZABETH BOCHNAK DIANNE BRADFORD NANCY GERTNER MARGARET RATNER WENDY WILLIAMS 2. Wright v. Patrolmen's Benevolent diciary respecting defendants, counsel and the criminal jus· New York. N.Y. Wnllhit~~tt nn. D C. GEORGINA CESTERO Bustun, Ma.'IS. Association, BETI GARCIA •JANICE GOODMAN MICHAEL JlATNER et al. tice system generally. We hope to be ready for trial in 1978 . CYNTHIA GRAY New York. N.Y. New Yurk, N.Y. Honorable Judge Bruce McM. Wright is one of the few black (Rhonda Copelan, Liz Schneider and Morton Stavis, with LISA ROTH ,JEREMIAH GUTMAN DAVID REIN ,JOAN L. WASHINGTON New York, N.Y. Wnshinl(ton, D.C. criminal court judges in New York City. He is almost unique Lawrence Cumberbatch of the National Conference of Black in his refusal to collaborate with the racism and injustice Lawyers, Stephen Latimer of the National Lawyers Guild, which black, third world and poor defendants face daily in William H.