Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-06-16
Gusch, Gosque
Strongly Back
Legal Aid Bill
BY JAMES G. DEANE
Star staff Writer

SNeA ohoh
A move by Washington judges
and prosecutors to set up a tax
supported legal staff to defend
indigents received a lukewarm
reaction from the District Bar
Association today.
Bar leaders at a House hear
ing advocated compensation Of
private lawyers with tax funds
instead of creating a proposed
legal aid agency to defend per-
sons unable to pay legal fees.
Other witnesses, however,
strongly backed the legal
agency idea as less costly and
more practical. Supporters in
cluded United States Attorney
Oliver c. GaSch, Corporation
Counsel Chester H. Gray, repre-
senting the District Commits
sioners. and c. Aubrey Gasque,
assistant director of the admin
istrative Office of United States
courts, speaking for Federal
judges.
Chief Judge David A. Pine
of Federal District Court and
a group of other judges and
Government legal officers IA
vor a bill sponsored by Rep
resentative Mcmillan, Demo-
crat of South Carolina, which
would set up the legal agency
plan at an annual cost esti-
mated by sponsors at about
$780, 900.
Bar Backs Foley Bill
The bar leaders are backing
a plan embodied in a bill spon-
sored by Representative Foley,
Democrat of Maryland, which
would create a legal assign
ment administrator to appoint
attorneys for indigentS and
compensate them with public
funds.
Kenneth N. Parkinson, chair
man Of a bar associations
Committee on Compensation
for Assigned Counsel, said the
association does not like the
Mcmillan plan, which has been
tagged as a public defender"
system. He said the associa-
ton has rejected the idea seven
times and had approved the
principle of the Foley bill with
out dissent.
Justin L. Edgerton, immedi-
ate past president Of the asSo-
citation, said in a statement
handed to House District Com
mittee members that the bar
recognizes the need for some
plan for defending indigents
without making lawyers carry
the burden. but that the as
Sociation's board of directors
would rather see any public
funds go directly to private
lawyers.
Fred A. Ballard, newly elect
ed bar president, said the as
ISOLATION as a body has not
recently considered the ques-
ton and that the new board
of directors has not done so
as yet. But he said there is
no present plan for any further
consideration.
Gasch Cites Need
Mr.. Gasch told a sub
committee headed by Repre-
sentative Davis, Democrat of
Georgia, that two-thirds of the
criminal defendants in District
Court are indigentS and that
legal aid must be provided free
TO those who cannot afford to
pay for it under the ConStitu-
ton. He said the Council on
Law Enforcement and the Ju-
diclal Conference Of the Dis
trict, both of which are backing
the Mcmillan bill, feel a staff
of nine defense attorneys in
District Court and three in
Municipal Court, and one each
for the Juvenile Court and the
Mental Health Division could
handle the problem with as
sistance which would be sought
from graduate law students.
Law schools already have
been approached with a pro-
posal to set up special grad
uate courses in trial practice
which would enable the courts
TO call on volunteer help from
members of the bar working
for masters degrees. he said.
Undergraduate law students
could also help, working as in
vestigators and researchers, he
said.