N; iffe 4i ia ea* t Eighty-three years of editorial freedorn Edited and managed by students at the University of Michigan Politics threatens legal aid program 420 Maynard St., Ann'Arbor, Mi. 48104 News Phone: 764-0552 WEDNESDAY, NOVEMBER 7, 1973 Real input put out in the cold TJHE LSA FACULTY has once again smashed a proposal which would have allowed students a significant voice in college affairs. It is hardly surprising: periodically, post mortems must be made of proposals which would give students even a small amount of decision-making power. But the similarity of Monday night's literary faculty vote to previous actions denying students any kind of self-deter- mination does not make it any more palatable. Whatever liberal faculty mem- bers may say of the "need for student input," their refusal to give that input teeth makes a mockery of those pious statements. The governance plan offered Monday by English Prof. Marvin Felheim and LSA Student Government Vice President Chuck Barquist would have established a representative unit of 50 faculty mem- bers elected from their departments and 50 members elected from the student body. ISTORY PROF. SIDNEY Fine said the plan would result in a "conflict of in- terest," since students would have a role in determining academic requirements. That criticism applies at least as well to the faculty, since at present they can decide what their teaching-their pro- duct-will be like without consulting the students who pay for their services. Fine apparently views the monthly fac- ulty meetings more as social gatherings than as decision-making forums. He commented that the faculty meet- ings were "virtually the only opportunity faculty members have to get together," and that he'd "hate to see that go down the drain." Unfortunately, there is no opportunity at all for faculty and students to get to- gether and rationally discuss the issues affecting them both, and both segments of the community can ill afford this ex- clusive kind of comraderie among the faculty. FACULTY MEMBERS can hardly be ir- ritated at student apathy and lack of interest in academics if they deny stu- dents the opportunity to participate in making decisions which affect their lives and futures. And Philosophy Prof. Carl Cohen ut- tered the mind boggling opinion that, "It does not follow that everyone who has an important role is entitled to an equal voice." Cohen said that the matter of student participation was "put to rest for the third and-I hope-the last time." As one student pointed out after the meeting, "As long as this issue is not sat- isfactorily resolved, you can be sure that it will come up again." By TERRY ADAMS (Editor's Note: The following is the second article in a three part series on legal services for the lower classes.) THE ORIGINAL NIXON administration proposals to create a National Legal Services Corporation in order to "remove the program from politics" were very sim- ilar to those proposed by Congressional lib- erals. Most people were convinced that only some slight compromise to give the Presi- dent fuller authority to appoint the Cor- poration's Board of Directors was necessary to get a bill that would allow local project attorneys to go ahead doing what they had been doing with less fear of local politicians' complaints. But, no one foresaw that after the 1972 elections the Office of Economic Opportun- ity would be taken over by the Young Americans for Freedom's Howard Phillips. He became acting director (since his name was never submitted to the Senate for con- firmation, he held the office illegally) and appointed a covey of old colleagues from the right-wing group to staff and "consul- tant" positions. J. Laurence McCarty became acting di- rector of the Office of Legal Services with- in OEO; he's an insurance company law- yer from Boston with no experience in the legal services program and a founder of the American Conservative Union. Per- haps more important was the appointment of Marshall Boarman as director of the Evaluation Services Division within OLS; he's not a lawyer, but is a Ph.D. candidate in philosophy at the University of Pennsyl- vania. You can get a look at what appeatls to be a first draft of his dissertation in the March 1, 1973 issue of the Congressional Record, page H1291, kindly inserted for the public by Representative Jack Kemp (R- Buffalo Bills). THIS REMARKABLE document, and a later more elaborate version, is Boarman's evaluation of the present legal services program. Although couched in abstract and befuddled terminology, the point is as sim- ple as Russell Long states it - "The gov- ernment shouldn't pay people in one agency to sue people in other agencies or to try to change the system that supports them." Making public policy is for legislators, not courts. So the upshot is a recommendation to design a legal services system that will never challenge the political or economic status-quo in the course of its handling of cases for the poor. The technique of the Boarman report is strikingly similar to that of the Uhler Re- port to Governor Reagan two years be- fore. Factual assertions are compounded with misquotation, anonymous assertions of wrongdoing, and blatant distortions. The vision of how the legal services program really works at the local level and how a legal case arises seems composed of equal parts of Perry Mason and paranoid fan- tasies about cabals of revolutionist poor people and their lawyers. USING THE UHLER report as ammuni- tion, Phillips began pressuring the White House for a new approach and began feed- ing speeches to sympathetic Congressmen about "abuses" in the present program. The approach Phillips favored is typically called "Judicare", in which the client can' go to any lawyer in the community and attorney jobs thoroughly unattractive to politically-minded lawyers by prohibiting them from engaging in any form of politi- cal activity on their own time. Second, the bill limited the sorts of legal representation that could be given - no lobbying of any sort, no representation of groups of poor people, and no advising of clients to engage in strikes, boycotts, or picketing. And third, the bill attemptea 'to destroy the major source of information and assist- ance available to project attorneys in con- ducting law reform litigation by prohibit- ing any funds from going to the legal services "backup centers" which specialize ip various areas of poverty law. ...:.....:.... . 1 . ,. ...... . :t { V": .. 1 ....A ". ..... .. N. % .. 4:S .. "The Boarman report's vision of how the legal services pro- gram really works at the local level seems composed of equal parts of Perry Mason and paranoid fantasies about cabals of revolutionist poor people and their lawyers." .1".:": :::a ."i{"} {imA'%g .}X 4" Vj