September 24, 1975 (8 pages)

6 The Nevada County Nugget Wed. September 24, 1975 Earl Waters Organ recital 1 s set Justice court for Trinity Episcopal , ‘They called them Justice Courts. They were presided over by Justices of the Peace. They were simple men. Seldom was one a lawyer. Many had little or no formal education. There were no such requirements. But in their plain-spoken ways they meted out a form of justice which was usually more fitting to the occasion than that which often results from the more sophisticated courts of today. For the justices were selected by the community and, operating informally and unfettered by all of the refinements of courtroom procedures and rules which govern trial courts, reflected the mores of the community. It was a system of adjudicating minor criminal and civil conflicts which prevailed in California and the West for many years. It-still exists in 102 jurisdictions in the state. But not for long. For Governor Jerry Brown, pressed by the Judicial Council and Chief Justice Donald Wright, has vetoed the measure which would hve allowed nonlawyer justices now in office to remain. The result will be that only lawyers may stand for election to those courts next year. It culminates an effort which has been on-going for many years to rid the courts of non-lawyer judges. And it ignores the fact that there is no requirement for the Chief Justice of the United States to be a lawyer. There are many who point to the absence of such a requirement for the nation’s top judicial office and scathingly remark that “You don’t have to be a lawyer to be Chief Justice and Earl Warren proved it.” Actually Warren did graduate from law school and was duly admitted to practice but many feel his lack of judicial experience should have barred him from consideration for appointment to the highest court. The movement to eliminate lay judges from the judicial system in California: got underway innocuously. As areas of the state transformed from Rotate, Inflate and Inspect All 5 Tires for $1.88 RECAPPING SERVICE PLAZA TIRE CO. ING, BEHIND SPD 265-4642 . rural to urban the minor courts were changed to police courts and small claims courts. These eventually became municipal courts: fn the formation of these courts the requirement fdr attorney judges was included. But there remained the justice courts for most of California. Amajor “reform” occurred in the late 1940’s when the Judicial Council, headed by Chief Justice Phil Gibson, secured legislation authorizing the formation of municipal courts in jurisdictions of 40,000 or more population. This left undisturbed the justice ‘courts throughout California in the more rural areas. Gibson, at first, attempted to bar non-lawyers from the newly formed municipal courts. He resisted arguments that this was unfair to those who had served well in the justice courts to be converted to municipal courts. But when evidence was presented as to how some of the lay judges had achieved better records than their lawyer judge counterparts, he relented. He accepted an amendment permitting justices of the peace with 20 years service to continue as municipal court judges. It was a “grand-daddy” amendment. His retreat from a seemingly adamant position was done with class. Although he stood firm for the transition of justice courts to municipal courts in the more populous areas, he pointed out that many of the “JP’s’” had served faithfully and well and named Ray Baugh of Monterey and Warren Steele of Bakersfield as two of the outstanding Justices of the Peace. Nevertheless, the war on lay judges continued. Every boo-boo committed in a justice court was jumped upon and heralded around the state. One of the classics involved a _ case represented by a lawyer who sought to plead his client not guilty in a minor traffic violation. , “You can’t do that,” the JP said, ‘“‘I’ve talked to the arresting officer and he told me your client is guilty.” “Just the same,” said the lawyer, ‘I’m pleading my client not guilty and we demand a jury trial.” “You can’t do that,” said the ‘judge, ‘I don’t know how to impanel a jury,” and thereupon dismissed the case. An incident which was a major setback to those wanting to continue the lay justice . system occurred in Sacramento County wien a JP was caught pocketing fines and subsequently it was discovered he was not a citizen. This led to the pre-requirement examination system for JP candidates. Len Gilbert FARMERS INSURANCE GROUP HEFFREN INSURANCE AGENCY _. P.O Box 1934 Grass Valley, Ca. Christopher Nelson will present an organ recital at Trinity Episcopal Church in Nevada City on Sunday Sept. 28 at 8 p.m. Mr. Nelson, organist and choir director at Trinity for the past year, will perform on the 18-rank tracker-action pipe organ at the church. Though designed for playing of Baroque-type music, it is an instrument suitable for music of the Romantic and Modern periods also, as will be shown in the recital. The program opens with the familiar Tocatta and Fugue in d minor by J.S. Bach, followed by Sigfrid Karg-Elert’s Three Pastels, chromatic pieces of German lyricism. The second part includes works by three modern French composers: Prelude in e flat minor by Maurice Durufle; Rosace by Henri Mulet; and Choral in a minor . by Cesar Franck. “Chris” Nelson, as he is familiarly known to his many friends, teaches organ and piano in addition to his duties as music director. He studied music at the University of the Pacific in Stockton, and received the Master of Sacred Music degree at Union Theological Seminary at New Christopher Nelson York City. He lives in Nevada City with his wife and two daughters. All who are interested in the organ will find the program is diverse, varying from the classical Bach to the Romantic Franck. The recital is open to the public without charge. Nevada City garbage is ‘misunderstood’ 265-6166 An apparent misunderstanding between the Nevada City Council and Nevada City Garbage Service owner Art Gagliardi has resulted in another delay for the franchise holder’s rate increase request. After approaching the council last week asking-for the 50-cent increase, Gagliardi was asked to attend Monday’s meeting with a general income and expense statement. When he returned Gagliardi had only the financial breakdown of operating expenses and nothing substantiating the company’s income. Councilman Richard Womack said he was inclined to agree the rate hike ~ was justified but could not take, a definite move without a complete operational breakdown. “I feel we’re entitled to. the full financial picture,’’ noted Councilwoman Ise Barnhart, ‘‘after all this franchise is a non-competitive situation.” ‘This is my mistake,” Gagliardi exclaimed. “I thought you only wanted the expense percentages broken down to dollars and cents.” At last. week’s meeting Gagliardi informed the council that diesel fuel over the past two years has increased 200 percent; tires and parts for the trucks, 35 percent; workmen’s compensation, 114 percent with an additional. 25 percent hike expected in January; and salary increases for his employes totaling 25 percent.” After indicating that his proposed increase may not be sufficient for a long period. pf.time, Womack told, , Gagliardi ‘If 50-cents is a borderline hike maybe the complete figures will indicate a larger increase; we need to take a close look.” Councilman Bob Paine, in answer to the applicant’s requerest to make the increase retroactive if granted after Oct. 1, said he was not “receptive to that idea.” The remainder of the council agreed. Gagliardi was asked to return again with a more complete accounting of his financial situation. The Pioneer Park’s tennis court construction project appears to be moving toward a beginning after the council unanimously adopted a resolution approving plans, specifications and contract documents and okaying publishing of a notice to contractors calling for bids. Bids for construction of two double tennis courts must be filed before 8 p.m. Oct. 6 and will be opened during that evening’s meeting. Mrs. Barnhart was concerned with drainage on the courts and the surrounding area. Sierra Western Engineering’s documents show three alternate plans for the drainage system with the final determination to be made during grading. Currently they do not plan a drainage network under the courts since it will ‘be above the existing lawn; they feel drains around the outer edge.will.---+saeneinneinet suffice. In other action, the council: ~Viewed a sketch from architect Francis Lloyd for a plaque to be installed on the John J. Looser fountain presently under construction at» Pioneer Park. °°)” . eae

6 The Nevada County Nugget Wed. September 24, 1975 Earl Waters Organ recital 1 s set Justice court for Trinity Episcopal , ‘They called them Justice Courts. They were presided over by Justices of the Peace. They were simple men. Seldom was one a lawyer. Many had little or no formal education. There were no such requirements. But in their plain-spoken ways they meted out a form of justice which was usually more fitting to the occasion than that which often results from the more sophisticated courts of today. For the justices were selected by the community and, operating informally and unfettered by all of the refinements of courtroom procedures and rules which govern trial courts, reflected the mores of the community. It was a system of adjudicating minor criminal and civil conflicts which prevailed in California and the West for many years. It-still exists in 102 jurisdictions in the state. But not for long. For Governor Jerry Brown, pressed by the Judicial Council and Chief Justice Donald Wright, has vetoed the measure which would hve allowed nonlawyer justices now in office to remain. The result will be that only lawyers may stand for election to those courts next year. It culminates an effort which has been on-going for many years to rid the courts of non-lawyer judges. And it ignores the fact that there is no requirement for the Chief Justice of the United States to be a lawyer. There are many who point to the absence of such a requirement for the nation’s top judicial office and scathingly remark that “You don’t have to be a lawyer to be Chief Justice and Earl Warren proved it.” Actually Warren did graduate from law school and was duly admitted to practice but many feel his lack of judicial experience should have barred him from consideration for appointment to the highest court. The movement to eliminate lay judges from the judicial system in California: got underway innocuously. As areas of the state transformed from Rotate, Inflate and Inspect All 5 Tires for $1.88 RECAPPING SERVICE PLAZA TIRE CO. ING, BEHIND SPD 265-4642 . rural to urban the minor courts were changed to police courts and small claims courts. These eventually became municipal courts: fn the formation of these courts the requirement fdr attorney judges was included. But there remained the justice courts for most of California. Amajor “reform” occurred in the late 1940’s when the Judicial Council, headed by Chief Justice Phil Gibson, secured legislation authorizing the formation of municipal courts in jurisdictions of 40,000 or more population. This left undisturbed the justice ‘courts throughout California in the more rural areas. Gibson, at first, attempted to bar non-lawyers from the newly formed municipal courts. He resisted arguments that this was unfair to those who had served well in the justice courts to be converted to municipal courts. But when evidence was presented as to how some of the lay judges had achieved better records than their lawyer judge counterparts, he relented. He accepted an amendment permitting justices of the peace with 20 years service to continue as municipal court judges. It was a “grand-daddy” amendment. His retreat from a seemingly adamant position was done with class. Although he stood firm for the transition of justice courts to municipal courts in the more populous areas, he pointed out that many of the “JP’s’” had served faithfully and well and named Ray Baugh of Monterey and Warren Steele of Bakersfield as two of the outstanding Justices of the Peace. Nevertheless, the war on lay judges continued. Every boo-boo committed in a justice court was jumped upon and heralded around the state. One of the classics involved a _ case represented by a lawyer who sought to plead his client not guilty in a minor traffic violation. , “You can’t do that,” the JP said, ‘“‘I’ve talked to the arresting officer and he told me your client is guilty.” “Just the same,” said the lawyer, ‘I’m pleading my client not guilty and we demand a jury trial.” “You can’t do that,” said the ‘judge, ‘I don’t know how to impanel a jury,” and thereupon dismissed the case. An incident which was a major setback to those wanting to continue the lay justice . system occurred in Sacramento County wien a JP was caught

pocketing fines and subsequently it was discovered he was not a citizen. This led to the pre-requirement examination system for JP candidates. Len Gilbert FARMERS INSURANCE GROUP HEFFREN INSURANCE AGENCY _. P.O Box 1934 Grass Valley, Ca. Christopher Nelson will present an organ recital at Trinity Episcopal Church in Nevada City on Sunday Sept. 28 at 8 p.m. Mr. Nelson, organist and choir director at Trinity for the past year, will perform on the 18-rank tracker-action pipe organ at the church. Though designed for playing of Baroque-type music, it is an instrument suitable for music of the Romantic and Modern periods also, as will be shown in the recital. The program opens with the familiar Tocatta and Fugue in d minor by J.S. Bach, followed by Sigfrid Karg-Elert’s Three Pastels, chromatic pieces of German lyricism. The second part includes works by three modern French composers: Prelude in e flat minor by Maurice Durufle; Rosace by Henri Mulet; and Choral in a minor . by Cesar Franck. “Chris” Nelson, as he is familiarly known to his many friends, teaches organ and piano in addition to his duties as music director. He studied music at the University of the Pacific in Stockton, and received the Master of Sacred Music degree at Union Theological Seminary at New Christopher Nelson York City. He lives in Nevada City with his wife and two daughters. All who are interested in the organ will find the program is diverse, varying from the classical Bach to the Romantic Franck. The recital is open to the public without charge. Nevada City garbage is ‘misunderstood’ 265-6166 An apparent misunderstanding between the Nevada City Council and Nevada City Garbage Service owner Art Gagliardi has resulted in another delay for the franchise holder’s rate increase request. After approaching the council last week asking-for the 50-cent increase, Gagliardi was asked to attend Monday’s meeting with a general income and expense statement. When he returned Gagliardi had only the financial breakdown of operating expenses and nothing substantiating the company’s income. Councilman Richard Womack said he was inclined to agree the rate hike ~ was justified but could not take, a definite move without a complete operational breakdown. “I feel we’re entitled to. the full financial picture,’’ noted Councilwoman Ise Barnhart, ‘‘after all this franchise is a non-competitive situation.” ‘This is my mistake,” Gagliardi exclaimed. “I thought you only wanted the expense percentages broken down to dollars and cents.” At last. week’s meeting Gagliardi informed the council that diesel fuel over the past two years has increased 200 percent; tires and parts for the trucks, 35 percent; workmen’s compensation, 114 percent with an additional. 25 percent hike expected in January; and salary increases for his employes totaling 25 percent.” After indicating that his proposed increase may not be sufficient for a long period. pf.time, Womack told, , Gagliardi ‘If 50-cents is a borderline hike maybe the complete figures will indicate a larger increase; we need to take a close look.” Councilman Bob Paine, in answer to the applicant’s requerest to make the increase retroactive if granted after Oct. 1, said he was not “receptive to that idea.” The remainder of the council agreed. Gagliardi was asked to return again with a more complete accounting of his financial situation. The Pioneer Park’s tennis court construction project appears to be moving toward a beginning after the council unanimously adopted a resolution approving plans, specifications and contract documents and okaying publishing of a notice to contractors calling for bids. Bids for construction of two double tennis courts must be filed before 8 p.m. Oct. 6 and will be opened during that evening’s meeting. Mrs. Barnhart was concerned with drainage on the courts and the surrounding area. Sierra Western Engineering’s documents show three alternate plans for the drainage system with the final determination to be made during grading. Currently they do not plan a drainage network under the courts since it will ‘be above the existing lawn; they feel drains around the outer edge..will.---+saeneinneinet suffice. In other action, the council: ~Viewed a sketch from architect Francis Lloyd for a plaque to be installed on the John J. Looser fountain presently under construction at» Pioneer Park. °°)” . eae