Extend Special Counsel Law, ABA Study Says

The law authorizing the appointment of an independent counsel to investigate high-ranking government officials should be renewed by Congress next year, said a report given to the American Bar Assn. today.

The report to the Bar’s policy-making House of Delegates said the law, which expires next year, should be renewed to assure public confidence in government.

“The public’s perception of unfairness is as important as the unfairness itself because it undermines the public’s faith in the institutions that are charged with fairly and impartially administering justice,” the report said.

Permanent Renewal

The report calls for permanent renewal of the independent counsel law. Supporters said the importance of the statute has been proven and should “not have to be revisited every five years.”

The proposal also endorses the constitutionality of the law, which has been attacked by former White House aides Michael Deaver and Marine Lt. Col. Oliver L. North.

North, the former National Security Council aide who is the key figure in the Iran- contra investigation, and Deaver are targets of separate independent counsel probes.

“Our studies convince us that despite the recent highly publicized attacks on the constitutionality of this law, the independent counsel provisions . . . are fully consistent with the letter and the spirit of the Constitution,” the report said.

Strengthening the Law

The proposal also urges that the independent counsel law be strengthened to give greater authority to the special three-judge federal court that appoints lawyers to conduct such investigations.

The proposal urges that the court be allowed to broaden the scope of the independent counsel’s jurisdiction at the request of the counsel or of the attorney general.

Shortly before the meeting began, supporters withdrew a proposal to strengthen protection against AIDS discrimination, which was to have been presented to the House of Delegates. Proponents said the issue will be given further study by a special Bar commission.

The report on AIDS discrimination that was to have been submitted said the proposal was necessary to ensure that those with the AIDS virus will not be discriminated against in employment and other areas.

The report said the Reagan Administration has failed to take a strong enough stand to assure that fear of contagion of AIDS may not be the basis for discrimination.