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SERVING NEBRASKA, Omaha, Neb., Fri., January 8,1982
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unteer By Ellen Gordman Recognizing the value of dedicated volunteers who give service to the community, the J e w i s h F e d e r a t i o n of Omaha established the "Volunteer of the Year Award" in 1S79. In the past two years, 16 people have been honored. These people are representative of the hundreds of volunteers who give thousands of hours of time each year to the Omaha Jewish community. At the Federation Annual Meeting on Jan. 17 the names of seven people will be added to the "Volunteer of the Year" plaque displayed in the foyer of the Jewish Commmunity Center. Being honored are Jack Duitch, Feo and Isadorc Kahn, Carol Katzman, Sandy Nogg, Steve Nogg and Dr. James Wax. Jack Duitch was selected by the Federation Library as its "Volunteer of the Year." Mr. Duitch has been the Chairman of the Library Committee for the past three years. "Through Jack's efforts the scope of the Library has been broadened," said Murray
Frost, vice chairman of the Library Committee. "This i n c l u d e s an o u t r e a c h program, an improved Library image and an augmented public relations program throughout the community. He deserves to be our D e p a r t m e n t ' s recipient because of his untiring devotion to the goals of the Jewish Federation Library." The Older Adult program of the Bureau for the Aging has named Feo and Isadore Kahn. "Feo and Isadore are the Sunshine Committee of the Older Adult program" said Sally Venger, president. "They visit every older adult who has been hospitalized, no matter what the weather condition. They make weekly home visits to all shut-ins and tirelessly and charitably give of themselves all year long." As its nominee, the Jewish Community Center has selected Carol Katzman. "Carol volunteered to coordinate the Cultural Arts Department for five months when there was no director," said Steve Rod, executive director of the Jewish
Community Center. "She came to the J daily and supported the staff in maintaining continuity for our Cultural Arts program." Mrs. Katzman is active on the JCC Board, on the Jewish Cultural Arts Council and is art chairman of the Jewish Communiy Center. She was chairman of the 1981 Kallah Weekend. Sandy Nogg has been designated the "Volunteer of the Year" by the Bureau for the Aging. Mrs. Nogg is a member of the Board of Directors of the Bureau and a volunteer at the Dr. Sher
Steve Nogg
Home. She served as the chairman of the Nominating Committee for the 1982 officers and directors Mrs
James Wax
Nogg was co-chairman of the one hundred hours at the 1981 LOVE Banquet. Sher Home this year," said "Sandy and her daughter, Jack B. Cohen, chairman of Courtney, have spent over (Continued on Page 2)
Feo and Isadore Kahn
Nebraska case asks Supreme Court ruling Editor's Note: Omaha Attorney Bennett G. Homstein, In his role as Public Defender, is scheduled to appear before the United States Supreme Court on Jan. 18 to argue what has been described as possibly the most important bail case before the justices In a generation. The case has received nationwide attention and In the following article Jewish Press contributor Diane Wintroub provides the background. By Diane Wintroub "The question is: Is it fair to punish people before they've been convicted?" On Monday morning, Jan. 18, this question will come before the Supreme Court of the United States in case number 80-2165 - James M. Murphy v. Eugene L. Hunt. Counsel for Hunt, the Appellee, is Bennett G. Homstein, an Omaha attorney with Taylor, Homstein and Peters, and a Public Defender in Douglas County. Eugene Hunt was charged early in 1980 with four sexual assaults. He was denied bail by the Omaha Municipal Court in a decision upheld by Judge Murphy of Nebraska's 4th Judicial District. This case is being brought before the U.S. Supreme Court as a challenge to a section of the Nebraska Constitution that forbids bail for any defendant charged with rape where "the proof is evident or the presumption great". "This constitutional amendment was passed by a State referendum in 1978 after Dennis Sell, a Lexington, Nebraska factory worker, raped and murdered Ruth Eby, a county farm wife," said Mr. Homstein. "At the time of the murder, Sell was out on bail for another sex crime." Mr. Homstein fought the amendment at election time, appealed it unsuccessfully before the Nebrasjta Supreme court, and then took it to the Eighth U.S. Circuit Court of Appeals which struck down the law as a violation of the Federal constitution's ban on "excessive bail". The
Public Defender Bennet G. Homstein will appear before the United States Supreme Court Jan. 18 in a challenge to Nebraska law which forbids bail to a defendant charged with rape. At the time this photo was taken, a CBS camera crew was In Mr. Hornstein's office preparing coverage for the CBS evening news with Dan Rather,- scheduled for broadcast Jon. 18.
decision of the Appeals court will now be reviewed by the U.S. Supreme court. Originally, the law was taken to the Supreme Court in the case of Parker v. Roth, but the Court, having total discretionary jurisdiction, decided not to hear the case. "I would guess that the court decided to hear Hunt v. Murphy because of President Reagan's conservatism and leanings toward 'preventie detention'," said Mr. Homstein. "Traditionally, bail is used as a pre-trial detention," Mr. Homstein said. "Bail is supposed to assure the appearance of a defendant in court, not to punish him. Most courts now ask the defendant to post 10 percent of the bail with the court. That percentage is then returned to the defendant less approximately 1 percent for court fees - when he appears in court." The Eighth Amendment to the U.S. Constitution says: "Excess bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments be inflicted." "The first eight amendments apply to the Federal government only," said Mr. Homstein. "But the 14th amendment which provides for 'due process of the law' has been used to require States to obey some of the first eight amendments. The Supreme Court has never ruled explicitly, however, that the excessive bail provision must be obeyed by the States. The Court has never really even defined 'excessive bail'." What makes the Nebraska "no-bail" rape law unique and worthy of a review by the U.S. Supreme Court? "The law denies bail based on the crime committed, not on the individual dangerousness of the defendant," Mr. Homstein said. "The law is over-broad, too inclusive. "I am not defending rape. I am defending one of the most important. notions of American justice - that a defendant is innocent until proven guilty. Even if we assume that most defendants will be found guilty, we still run the risk of locking up innocent people." Continued on page 2
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