The Writs Spring 2015

32
WRITS THE OFFICIAL PUBLICATION OF THE BUCKS COUNTY BAR ASSOCIATION the SPRING 2015 COURTROOM TECHNOLOGY The Bucks County Justice Center The History of Pro Bono Legal Aid

description

The Spring Issue of the Bucks County Bar Association

Transcript of The Writs Spring 2015

Page 1: The Writs Spring 2015

WRITSTHE OFFICIAL PUBLICATION OF THE BUCKS COUNTY BAR ASSOCIATION

theSPRING 2015

COURTROOM TECHNOLOGY

The Bucks CountyJustice Center

The History of Pro BonoLegal Aid

Page 2: The Writs Spring 2015

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contentsSPRING 2015

WRITSTHE OFFICIAL PUBLICATION OF THE BUCKS COUNTY BAR ASSOCIATION

the

CONTACT INFO

PresidentJoanne M. Murray

President ElectGrace M. Deon

SecretaryJessica A. Pritchard

TreasurerMarijo Murphy

Editorial StaffScott L. Feldman

Writs CommitteeH. Paul Kester

Dianne C. MageeChristopher J. Serpico

Meg GroffDavid J. Truelove

Scott I. Fegley

Bar Association OfficeDeanna Mindler,

Executive Director135 East State Street

Doylestown, PA 18901215.348.9413

www.bucksbar.org

email submissions [email protected]

PUBLISHERHoffmann Publishing Group, Inc.

2921 Windmill RoadReading, PA 19608610.685.0914 x201

HoffPubs.com

Advertising ContactsMark Schelling

610.685.0914 x205 [email protected]

Karen Zach610.685.0914 x213

[email protected]

Maureen Keyte610.685.0914 x212

[email protected]

The Bucks County Justice CenterAfter many years of planning, negotiating, designing, and constructing over three phases, the Bucks County Justice Center is a reality.

The New Court House of 1962Recollections of an earlier major project completed by the County of Bucks – the erection in 1962 of a new Court House on East Court Street.

2015 Election Selection Committee As the 2015 campaign season kicked off earlier this year, the Bar Association’s Merit Selection Committee was convened to plan for and organize its election-related tasks.

The History of Pro Bono Legal AidCelebrate Bucks County legal community’s long history of providing legal assistance services to the poor.

COURTROOM TECHNOLOGY IN THE BUCKS COUNTYJUSTICE CENTER

The written and visual contents of this magazine are protected by copyright. Reproduction of print or digital articles without written permission from Hoffmann Publishing Group, Inc., and/or the Bucks County Bar Association is forbidden. The placement of paid advertisement does not imply endorsements by Bucks County Bar Association. 10% Post Consumer Waste

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President’sMessage

The Tough Way to Get a Copy of the New Orphans’ Court ManualThe process for delivering the manual has been an interesting journey.

Community RootsHow like the life of that tree my own life has been.

Movie Review - “The Judge”The Judge “spoke” to me. It was familiar—simultaneously comforting and unnerving.

Page 4: The Writs Spring 2015

President’s MessageIt’s been a busy year so far for

the Bucks County Bar Associa-

tion, with more great things on

the horizon. The year began

with a once-in-a-lifetime event:

the exhibition of 45 portraits

of past and present Bucks

County judges at the James

A. Michener Art Museum.

A Judicial Legacy: Portraits from the Bucks County

Court was the culmination of many months of hard

work by our Past Presidents, led by Larry Grim, Frank

Gallagher, Adrian Meyer and Judge Hart Rufe, with

the assistance of Past Presidents, Jeff Trauger, Brian

McGuffin and Barbara Kirk. The project was also

supported by the Bucks County Bar Foundation,

under Maureen Carlton’s leadership. As usual,

Executive Director Deanna Mindler and her staff

are to be commended for their exceptional efforts.

The portraits will be displayed in the new Bucks

County Justice Center.

The new Justice Center opened in mid-January with

an inspirational dedication ceremony, followed by an

opportunity for members and the community to tour

the new facility. The Justice Center will provide our

community with access to justice in a secure, state-

of-the-art environment for many years to come.

BCBA has worked hard with County judges and

officials to make sure that our members have

convenient access to the facility, along with a

comfortable lounge where you can relax and/or

work during breaks between court appearances.

In February, BCBA members celebrated the annual

Opening of the Assizes with a British-themed cocktail

reception. The theme was a nod to our jurisprudential

roots, particularly in light of the 800th anniversary

of the Magna Carta. While the turnout for this event

was impressive, we unfortunately did not have a

sufficient number of members attend to vote on

proposed amendments to our Bylaws, which will

be presented at a later date.

Our Young Lawyers’ Division recently hosted the

annual Bucks County high school Mock Trial competi-

tion. Once again, I had the pleasure of serving as a

juror and as usual was impressed with the dedication

and talent of the students and their coaches. Many

thanks to all of our members who logged many hours

coordinating and volunteering for this time-consuming

but rewarding event.

We continue to look for new member benefits and services to maximize the value of your membership.

Our various committees, sections and divisions are hard

at work planning programs and events for our mem-

bers, as well as diligently working behind the scenes

on policies, procedures, and an updated strategic plan.

Our CLE schedule is packed with informative programs

in key substantive areas. We continue to look for new

member benefits and services to maximize the value of

your membership. We are excited to announce that our

annual Bench-Bar Conference will be returning to the

beautiful Hyatt Regency Chesapeake Bay Golf Resort,

Spa and Marina on Maryland’s Eastern Shore from

October 1-3.

4WRITSthe

Joanne M. MurrayBucks County Bar Association President

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Save the date for our third annual Dinner and a Movie

event on Thursday, May 14th. Be sure to check your

email for an opportunity to win free tickets. We’ll

announce the movie soon – it’s a real crowd-pleaser.

We’re working on a couple of other events to squeeze

in before the Summer begins so stay tuned.

I encourage you to check out BCBA’s newly revamped

website – www.bucksbar.org. Make sure you complete

your profile so your information is up to date, including

your committee, section and division selections.

Deanna and her staff are available to help you with

this process, although the website is very user-friendly

and it truly takes just a few minutes to update your

information. The website allows you to register for

events and CLEs online and update your calendar

automatically.

As always, I welcome your input and suggestions –

feel free to call or email me any time. Thank you for

choosing to be a member of the Bucks County Bar

Association. n

5 SPRING 2015

Need A Lawyer?Welcome to the Bucks County Bar

Association’s Lawyer Referral and Infor-

mation Service (LRIS) serving all of Bucks

County. The LRIS is a public service of the

non-profit Bucks County Bar Association.

Each year the LRIS responds to thousands

of callers, referring them to attorneys with

experience in the appropriate area of law or

to area agencies able to provide assistance.

The Bucks County Bar Association has

established its Bucks County Bar Association’s

Lawyer Referral and Information Service to

assist persons willing and able to pay usual

and customary attorney fees in securing

appropriate legal representation by referral

to participants in the BCBA LRIS program.

LRIS will endeavor to help an inquirer

determine if the problem is legal by screening

and when possible, refer non-legal matters

to county, government or consumer agencies

as appropriate. Persons identified as needing

legal representation and who do not claim

inability to pay an attorney will be referred

by LRIS to a participating attorney. LRIS

participation is open to all Bucks County

Bar Association members having their

primary office in Bucks County.

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6WRITSthe

ts here! After many years of planning, negotiat-

ing, designing, and constructing over three phases,

the Bucks County Justice Center is a reality. On Janu-

ary 10, 2015, the largest public works project in Bucks

County history opened its doors. 100 North Main

Street, and its adjoining parking garage, is here to stay,

a proud and impressive structure mere steps away from

its older counterpart across the street.

Its 285,000 square feet of usable interior space is

already bustling. Its green features, improved traffic

flow and array of Moravian tiles are noteworthy. The

transition of judicial systems and facilities to the new

location seemed smooth. According to Bucks County

General Services, the move required some 72 tractor

trailer loads and 5,064 moving crates.

There seems to be something for everyone to be ex-

cited about. The Courtrooms are functioning and the

bench and bar are well accommodated.

We enjoy discovering shiny, new places and things. But

will our collective quality of life improve? Or, at the end

of the day, is the Justice Center simply a new place to

go to work for hundreds of Bucks County employees?

Is it just a new address for citizens to apply for pass-

ports, report for jury duty or appear for legal proceed-

ings? Is it anything more than a new building for attor-

neys and their staff to file pleadings, present motions

and represent their clients? Is the Justice Center any

more stimulating to us or the community at large than

a new football stadium (coming soon to Central Bucks

The Bucks CountyJustice Center

Scott L. Feldman

I

feature

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7

feature

East High School) or a new

mega-restaurant/bar (at the old

railroad warehouse)?

These questions and our collective

impressions and attitudes will surely

develop over time. In the meanwhile,

enjoy reading Sean Gresh’s primer on

the technology featured in all

Courtrooms and Frank Gallagher’s

recollection of the construction and

opening of the “new” Courthouse

a mere 50 plus years ago.

In addition, here are some others’

initial comments and observations.

Thomas P. Donnelly:

With the completion of the Bucks County Justice

Center the residents of Bucks County have a beautiful

and useful modern facility fitting of the community.

The new landscape supports the notion that maintain-

ing location was of paramount importance. Tying in a

historical perspective is a nice touch and renders the

building special to those of us that love where we live

and work.

Pat Zimmerman, Prothonotary’s Office:

We are still adjusting to our layout. We used to occupy

a square box, so things were laid out a certain way.

Now our space is larger, so there is more walking. Our

area is also quieter with better acoustics. Our desks and

equipment are new and top of the line. Best of all, the

Prothonotary now has shared use of a kitchen (with

Family Court) and a proper place to eat.

John D. Lemonick, Montgomery Co. Attorney:

Kudos to the Doylestown Borough Council, the County

Commissioners and Architect, HOK. The new Justice

Center is a smashing success. Soaring tastefully over

the town center, the attractive brick, steel and glass

façade structure projects a sense of modern sophistica-

tion and prominence. The Courtrooms are comfortable,

well appointed, have excellent acoustics and feature

increased technological capabilities. The concourses

abutting the courtrooms are spacious, include great

views of the surrounding Borough environs and let

in an abundance of natural light. I believe the Justice

Center sets the new standard by which all county court

facilities will be measured.

Barbara M. Kirk:

The new Justice Center is impressive and beautiful in

the décor. I was very impressed with the use of the

various decorative tiles throughout the building. I am

concerned that the courtrooms appear to be smaller

than those in the old courthouse. Otherwise, since the

transition has just occurred, we need to wait and see,

and be patient for all of the “kinks” to be resolved.

Douglas R. Praul, Court Administrator:

Anyone entering the new Justice Center will first be

struck with its sense of space and light. Unlike the

old Courthouse, the new building brings daylight into

hallways, offices and even courtrooms. The light in turn

imparts a feeling of spaciousness.

SPRING 2015

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8WRITSthe

feature

There are more office areas, storage space, courtrooms

and assembly areas. But individual offices are smaller,

hallways are adequate, but not expansive, and even

judges’ chambers are diminished. Most notably, the

courtrooms are compact, noticeably smaller than most

of the courtrooms left behind. Even the one large

courtroom is not substantially larger than Courtroom

1 in the old building.

But the building does not give the feeling we have

down-sized. The nature of the site forced the designers

to make efficient use of every space, and eliminate any

areas that did not serve a necessary function. The overall

result is a building that is relentlessly efficient. It is a

building meant for work.

For the first time, most offices have all their people

in one room. This has created a few transition

tensions, but in most cases, friendly new neighborhoods

have sprung up as people learn how to

work together in ways they haven’t ever been

able to before. The spirit of cooperation has been

contagious and energizing. And while it is too

soon to be certain, it is probable that productivity

will increase as well.

Most importantly, security has been greatly en-

hanced. This is apparent when you first step in the

door, and see the screening area. But hidden away

are numerous other security features. There are

security cameras, secure doors and areas where

access is limited. Prisoners move through the

building without contacting either court staff or the

public. Judges and court staff work in offices that are

no longer open to the general public. It is a build-

ing in which every practical precaution was taken to

safeguard both visitors and staff.

If you have not stopped by for a visit, please do so

soon. Come and create your own first impression.

n

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Page 9: The Writs Spring 2015

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Page 10: The Writs Spring 2015

10WRITSthe

he recent dedication of the Bucks County Justice

Center and the logistical complications of moving

into it brought to mind recollections of an earlier major

project completed by the County of Bucks – the erection

in 1962 of a new Court House on East Court Street.

I first came to Doylestown to practice with Eastburn &

Gray in February of 1958. Construction of the new Court

House began in July, 1958 and ended around 1962.

From my office at 20 East Court Street, next to the

Family Court Building, I was in a good position to

observe all the activity.

But the breaking of ground for the new building was

almost an anticlimax after all the discussion of the

contentious issues it gave rise to. The most serious issue

was its location. Some people argued that it should be

erected at the Doylestown Fairgrounds at East Court

Street and Swamp Road, across from Fonthill Castle and

on the land where the neighborhood known as Belmont

Square stands now. They urged that this location would

cause less congestion, would have space for parking and

expansion, and would avoid the necessity for destroying

the 1878 Court House.

Others contended that the new building should be

placed at the site of the existing one. Proponents of

this site included lawyers with offices in the vicinity and

Doylestown merchants and restaurateurs who feared the

loss of the foot traffic created by visitors to the Court

House and by employees of lawyers and other businesses

that would cluster around it. As things have turned out

both sides were correct. The lack of space has remained

a problem, though relieved for now by the erection

of the parking garage and the Justice Center. And

Doylestown’s business district has thrived – at

least partly thanks to Court House traffic.

Another issue was the architecture of the new build-

ing. Rather than the International Style proposed by the

architects, some thought it should fit in better with the

existing buildings in the town. Proponents of the modern

style argued that those other buildings were designed

in the styles in vogue when they were erected – Gothic,

Federal, Georgian, neoclassical, Victorian, etc., so the

new Court House should use the architecture of its time.

The architects won.

An additional issue was the need to tear down the old

Court House of 1878. (For present purposes I will use

“new” to refer to the 1962 building and “old” to refer

to the 1878 building.) The old Court House sat approxi-

mately where the judicial wing of the new one is located.

It was designed by famed Philadelphia architect Addison

Hutton in what he called the Early French Gothic style. Its

footprint may have served as a model for the architects

of the new building since it consisted of a rectangular

administration wing and a circular judicial wing.

T

annals of history

New Court House of 1962Frank Gallagher

The

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11

One entered it from Court Street through a small lobby

into an impressive two-story high gallery (with no eleva-

tor). To the right or east was the office of the Prothon-

otary. On the second floor, above the Prothonotary,

was the office of the Sheriff. It also housed the Clerk of

Courts, Register of Wills and Orphans Court. The Re-

corder of Deeds had earlier been banished to the former

Scheetz Department Store Building at Main Street and

Shewell Avenue.

Continuing through the gallery one entered the judicial

wing. Most of its space was occupied by the main court

room. The first Judge Biester once remarked that it was a

difficult room in which to tell a lie. Its shape was octago-

nal. On the wall behind the bench with its chairs for the

three judges were arrayed portraits of many of the early

Bucks County judges. Dark wood benches for spectators

were arranged in amphitheater style facing the bench.

The room was surmounted by a stained glass skylight.

Occasionally a wayward pigeon fluttered around in the

upper reaches. I was present one day when attorney

John Justus Bodley, while standing at the lectern before

the bench, interrupted his argument, glanced up toward

the rafters, and used a handkerchief to wipe his bald

head.

In the 1950s the historic preservation movement was

not nearly as strong as it has become, but still there were

voices crying out for the preservation of the old building.

It was clearly outdated. It was constructed when there

were only one or two judges, so there was a shortage of

court rooms. Row offices were jammed with desks and

filing cabinets. So there was certainly a need for a new

building. If the new building were built at a different

location, of what use would the old one be? So the dif-

ficult decision was made to demolish it.

Since the architect’s plans for the new building envi-

sioned a park between the Court House and the point

near the Civil War Memorial, disposition had to be made

of the buildings located there. In all, the following

buildings were relocated or demolished: the former

Doylestown National Bank, the Ross law office built in

1829, and a ticket window for the Philadelphia/Easton

trolley.

Ground was broken for the administration wing of the

new building in July 1958. Its seven stories made it by far

the tallest structure in the area. Once the administration

wing was completed, the various governmental functions

were transferred into it. Temporary court rooms were set

up on the second floor. I tried a case before Judge Sat-

terthwaite in the space that became the Prothonotary’s

office.

Then came the sad day! From a high floor of the shiny

new building I watched as a wrecking ball tore apart the

dark brown stones of the hallowed old one.

However, a few weeks later, from the same spot I

watched a crane meticulously position the sixteen or so

long vertical girders that form the circular framework

of the judicial wing. Soon the construction there was

completed, the judicial functions moved across the ramps

connecting the two wings, and the life of County gov-

ernment settled into the groove which it followed for

53 years, that is, until when the growth of the county

required the move of the judicial functions into the new

Justice Center.

According to Doylestown Old and New published in

1904 by General W.W.H. Davis, the contract for the

construction of the 1878 Court House had a price of

$71,000. The cost of the 1960s construction? As I recall

it was $7,000,000. The cost of the Justice Center?

$87,000,000. When will the next expansion be needed?

Perhaps never. Technological innovations may require

fewer employees. Paperless operations may eliminate the

need for filing cabinets. Who knows? n

SPRING 2015

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COURTROOM TECHNOLOGY IN THE BUCKS COUNTY JUSTICE CENTER

Sean M. Gresh

s the speed, power, and accessibility

to portable technology increases, so

does its importance in presenting your

case in a courtroom. At the same time,

more and more of the evidence we

need to present those cases is being

stored and transferred digitally. Whether

it be video surveillance in a retail theft matter,

a voicemail message in a custody hearing, or a

detailed spreadsheet prepared by an expert witness

in a civil jury trial, technology now permeates almost

every presentation to a judge or jury.

For the last several years, practitioners have found it

difficult to present this evidence. Our “old” court-

house’s cornerstone was laid in 1960. That is 10 to

15 years before the development of the personal

computer. Even when PCs did come out, they were

not portable enough to bring with you into a court-

room. The first “laptop,” as we know the term, didn’t

come out until the early 1980s and weighed over 20

pounds. Obviously, the designers of the Court Street

building could not contemplate the heavy reliance

we would have on technology today, and designed

its courtrooms for their analog world. Luckily, the

courtrooms of the new Bucks County Justice Center

are designed to handle and help practitioners manage

the complex digital evidence with which we are now

confronted.

Dealing with a new evidence presentation system for

the first time can be a daunting task. Before the offi-

cial opening of the building, County Officials held sev-

eral technology training sessions for

attorneys to become more comfort-

able with the new systems that have

been installed in the Justice Center.

Below is a little of what I (and others

who attended) picked up from those

sessions.

First, let’s talk about internet connectivity. Each

counsel table in the courtroom has two (2) internet

connections. One connects to the County network,

and the other directly to the Internet. These are col-

or coded (blue and white), and cables are provided

at the table. These are the standard CAT-5 internet

cables that we are all used to using in our homes

and offices. As of now, there is no wireless internet

connectivity provided in the Courtrooms.

While there is Wi-Fi in the building, it is limited right

now to two areas: 1) the Jury lounge; and 2) the At-

torney’s lounge. Both of these areas are located in the

upper of the two basement levels, one level below the

main entrance floor. So, if you will be in a courtroom

on floors 2-5, you will need to plan accordingly. This

would not seem to be a big issue for evidence presen-

tation, as if it is intended to be admitted as evidence for

the record, you will need to have a hard copy with you

anyway.

If you wish to present evidence through a portable

device, you may connect directly to the presentation

system by two different methods, VGA or HDMI. VGA

is the blue connector that most of you will recognize

12WRITSthe

technology

A

Page 13: The Writs Spring 2015

as the cable that connects your computer and monitor at

your desk. HDMI is the connection that you probably

use to connect your cable box and your HD television

at home. Both types of cable are provided in the

Courtroom: simply plug in and use. One word

of warning, however, VGA does not carry audio.

In other words, if you wish to use your device

to display something that has a sound

component and cannot use the HDMI

connection, you will need a separate audio

cable to play sound through the system. Many full size

laptops (Macbook Pro, IBM compatibles) now come with

HDMI ports. Almost all IBM styled laptops also have a

VGA port, but the current Macbook Pro does not.

All of these connection options will pose a problem for

those of us who are using some of the most popular

current products like the Microsoft Surface Pro 3, or the

MacBook Air. Neither of these two computers has VGA

or HDMI. Nor do they have an “Internet” port that can

accept a CAT-5 connection for wired Internet. Both the

MacBook Air and Surface Pro 3 are designed to be largely

wireless. However, both do have USB 3.0 ports and Mini-

Display Ports. Luckily, adapters are available through many

manufacturers to give you display capability (you will

need a Mini-Display Port to HDMI adapter) and Internet

connectivity (you will need USB 3.0 to CAT-5 adapter). My

advice is to plan out your evidence well in advance of trial

so you can best prepare for your presentation needs.

Likewise, there are no connections present in the court-

room for use of IPads or other tablets, nor Android

phones that do not possess HDMI ports, nor IPhones.

Each of these will need a specific connector/adapter if

you wish to connect it to the system.

If, however, your evidence is of a less complex nature,

the presentation system in the courtrooms is designed to

allow you multiple avenues to manipulate and show this

evidence to the finder of fact. The system inside the lec-

tern in each room contains: a document camera (ELMO);

Blu-Ray/DVD/CD player; VHS tape player; and an interface

screen that allows the user to choose who to show the

document to, and allows the user to mark up or highlight

a specific portion of the evidence.

The ELMO camera is of particular use in jury trials, as it

vastly improves the process and speed by which one can

publish a document to the jury. This is a real-time digital

video camera under which you can place a document or

item of evidence, thus allowing everyone to see it on the

screen at the same time.

There is a screen on the witness stand for review and

highlighting of evidence by the testifying witness. There

are also review screens at each counsel table, and of

course, one on the bench for the Judge. It is of note,

however, that the Judge’s screen maintains exclusive con-

trol over what is shown to the jury. The system is set up

so that the Court must approve and admit any evidence

before the Jury can see it.

Unfortunately, space prohibits us from detailing each

and every use and issue presented with this new system.

These preceding paragraphs are meant as a primer, and

are in no way a complete explanation of this system or

its uses. If you have any specific questions regarding your

equipment, and how it will integrate with the Justice

Center’s systems, please contact the Court for more

information. n

13 SPRING 2015

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14WRITSthe

merit

s the 2015 campaign season kicked off earlier this

year, the Bar Association’s Merit Selection Committee

was convened to plan for and organize its election-

related tasks. Those tasks concern the judicial candida-

cies upon which Bucks County’s electorate will vote in

both the May 19 primary election and the November

3 general election. Two seats on the Court of Com-

mon Pleas will be on the ballot, as will the retention of

President Judge Finley. 2015 is the tenth and final year

of Judge Finley’s initial term on the bench and with his

retention, His Honor will serve an additional ten years.

While Judges Brian McGuffin and Ray McHugh have

been appointed to the Bench, those appointments will

last only through this calendar year. Their Honors are

both running for election to a full ten year term which

would commence January 1, 2016.

The primary mission of the Merit Selection Committee

is to provide a forum within which the electorate can

educate itself with regard to judicial candidates and

thereby assist them in making informed decisions in

the voting booth. Being as intimately familiar as we are

with the judicial system and, particularly, the traits that

make a good judge “good,” the Bar Association as a

public service shares with the community its members’

assessment of the candidates for judicial office. It

is the Merit Selection Committee that oversees the

multi-step process that results in the issuance of the

views of its membership.

First, the Association asks all candidates for judicial

office to complete a detailed questionnaire, in which

the candidates share details of their personal and

professional backgrounds and other information to

assist voters in learning more about our candidates.

The Merit Selection Committee has asked candidates

to complete the questionnaires and return them

shortly after the last day for submitting nominating

petitions, which was March 10, 2015. The completed

questionnaires were then posted on the “Community

Resources” page of the Bar Association’s website.

The Association will then mail out to its members its

judicial plebiscite. All members are eligible and

encouraged to vote, indicating whether a particular

candidate is highly recommended, recommended or

not recommended for the position of judge of the

Court of Common Pleas. The plebiscite will be mailed

2015 ElectionSelectionCommitteeTim Duffy

A

Page 15: The Writs Spring 2015

15

out only after nominating petitions are due to make

sure that every candidate had the opportunity to

receive and respond to the questionnaire.

The public will then be invited, along with the mem-

bership of the Bar Association, to a judicial candidates’

night at the Bar Association. The candidates will be

asked a series of pre-determined questions developed

by the Merit Selection Committee. Questions will also

be entertained from those in attendance, the intent

being to allow those in attendance to see and hear for

themselves the candidates. The Judicial Candidates’

Night presently is scheduled for Tuesday, April 28,

and will be held at the Bar Association. More details

will follow.

Members will be required to complete and submit their

plebiscite shortly thereafter. The last day for completed

plebiscites to be received at the Bar Association is

May 4, 2015. Please note this is the date by which

completed plebiscites must be received, not placed in

the mail. The results will thereafter be tabulated and

a press release will be issued by the Merit Selection

Committee announcing the results of the plebiscite

to the public. n

Brian McGuffin Ray McHugh

SPRING 2015

Page 16: The Writs Spring 2015

16WRITSthe

yld

he 2015 High School Mock Trial Competition

recently concluded, capping off one of the most

successful years to date. The statewide competition

is organized locally by the BCBA Young Lawyers’

Division (YLD). Each year more than 300

student teams from across the Commonwealth

compete to earn the title of state champion.

The winning team goes on to represent

Pennsylvania nationally.

Locally, organization of the competition is a major

undertaking. This year, eleven teams from across the

county competed for the chance to advance in the

statewide competition. Most teams begin practicing in

late November, with the competition culminating in a

series of mock trials in late January and early February.

Each team is given the opportunity to participate in

two mock trials, which take place before actual judges

in actual courtrooms. Winning teams advance through

a series of rounds.

YLD coordinates every aspect of the competition, in-

cluding scheduling the competition’s many match-ups.

That task was made even more daunting this year as

snow, ice and school closings required many trials to be

rescheduled. The move to the new Justice Center also

presented unique challenges as YLD coordinated with

courthouse staff to accommodate the event.

YLD also recruits the many volunteers who are key to

the competition’s success. This year, over forty BCBA

attorneys served as bailiffs, jurors and coaches. For

2015 Mock Trial CompetitionA Resounding Success

Erin Kernan

the first time ever, YLD offered CLE credit vouchers to

participating attorneys. Local judges also volunteer to

preside over the trials.

The result is a rewarding experience not only for the

students, but for the volunteers as well. Larry Scheetz,

YLD Chair Elect, commented, “This year’s competition

was a huge success, and YLD is pleased to offer this

invaluable opportunity to local students. We would

like to thank the students, coaches, judges, attorney

volunteers and courthouse staff for making this year’s

competition one of the most successful to date.”

In the final round of the competition, Central Bucks

West High School squared off against Central Bucks

South High School, with West earning the opportunity

to move on. Win or lose, all the students enjoyed the

chance to be attorneys for a day. n

T

Page 17: The Writs Spring 2015

17

yld

JUDGESJudge BaldiJudge BatemanJudge BenzJudge FinleyJudge FriedmanJudge FritschJudge GambardellaJudge McMasterJudge RufeJudge Snow

JURY, BAILIFFS, COACHESHugh AlgeoRusty AllenMaureen AndersonJudge Regina ArmitageRyan BeckerDenise BowmanMeredith BuckJulianna BurdoLaura CampbellMelissa CantwellKathryn CarlsonMaureen CarltonJoanna CerinoJim ClarkHarry CooperStephen CornellAnne Scheetz DamonGrace DeonJeff DiAmicoCameron DomanTom DonnellyTim DuffyJoe DuomeMark EastburnSarah EastburnLaura FeitelsonScott FeldmanTim FenninghamAbigail FillmanChris FinelloGarrett GummerShelby HahnFelicity HanksJohn HartElissa HeinrichsBrandon IngrahamColin Jenei

Olivia JollyChuck JonasShannon KanavyDan KeaneBrittney KernErin KernanGina KileyPatti KingEmma KlineRob LabarGavin LaboskiAndy LevinKim LitzkeVince MagyarJohn MarquisBrian MarriottJoe McGinleyJoe McGinley, Sr.Matt McHughMike MeginnisKristine MichaelJoanne MurrayBreandan NemecWill OetingerJon PavlocakMichael PetersSue PontiousJessica PritchardBob RepkoBianca RobertoJennifer RyanSteve SailerRodlena SalesNick SalterTodd SavareseLarry ScheetzCarol ShellyMike SheltonStephanie SikoraCharles SipioMindy SnyderHerbert SudfeldAdam TankerTyler TomlinsonJess VanderKamLisa VellanKeith WilliamsJeff WongDavy YockeyKevin Zlock

2015 Mock Trial Volunteers

Governor Wolf proposes a 6.6% sales tax on many

professional services, including legal services. The Governor

called his plan an alternative approach to last session’s

Senate Bill 76, which received bipartisan support and sought

to impose a 7% sales tax on legal services.

The PBA strongly opposes this aspect of the Governor’s

proposed budget for the very same reasons we fought hard

to prevent the passage of Senate Bill 76 last year. For many

Pennsylvanians, hiring a lawyer is a necessity and not a luxury

item. Access to justice is a basic constitutional right that

should not be taxed and treated as a commodity. Increasing

the cost of effective legal representation by imposing a sales

tax would impact persons of limited means who often need

a lawyer to:

• Obtainworkers’compensationorsocialsecurity benefits that have been wrongly denied

• Fightapropertyassessmentactionbytheir local government

• Dealwithahostilelandlordortenant

• Haveasimplewillwrittenorprobatethewill of a loved one

• Avoidahomeforeclosure

• Gaincourt-orderedprotectionfroman abusive spouse or parent

• Obtainfairandequalaccesstofundamentalrights

Please take a moment now to reach out to your state

legislators to ask them to vote AGAINST this proposed tax.

In writing your message, feel free to use the points above to

show the harsh impact any new tax will have on our clients.

Of course, feel free to include your own concerns or examples

that are pertinent to the issue. Even a very short message

expressing opposition is important and effective!

Governor Wolf Proposes A

6.6% Sales Tax On Many

ProfessionalServices,Including

Legal Services.

SPRING 2015

Page 18: The Writs Spring 2015

18WRITSthe

human interest

s the new courthouse prompts us to celebrate the

history of the Bucks County judicial system, let us also

celebrate Bucks County legal community’s long history

of providing legal assistance services to the poor.

The history of attorneys providing legal help to the

poor is as old as the legal profession itself. Long before

there were government funds to support the work of

legal aid organizations, attorneys assisted those who

lacked the means to hire legal help. In the second half

of the 1900s attorneys concerned about the lack of

access by many to the judicial system began to orga-

nize their efforts into societies, the first being the

Legal Aid Society of New York.

In 1919, Reginald Heber Smith, a graduate of Harvard

Law School and counsel to Boston Legal Aid Society,

published a book titled Justice and the Poor. In it he

challenged the private bar to do its part to ensure that

justice was accessible to all, without regard to ability

to pay. “Without equal access to the law,” he wrote,

“the system not only robs the poor of their only protec-

tion, but it places in the hands of their oppressors the

most powerful and ruthless weapon ever invented.”

National, state and local bar associations responded to

Smith’s call to service. The ABA established a Standing

Committee on Legal Aid and Indigent Defendants and

state and local bars all over the country sponsored legal

aid programs. By the 1960s every major city had a legal

services organization.

The Bucks County legal community itself has a proud

tradition of pro bono service and support of legal ser-

vices to the poor and vulnerable. For many years lead-

ing up to 1967, the Pro Bono Committee of the Bucks

County Bar Association (BCBA) responded to requests

for help from poor county residents. When federal

funding for legal services to the poor became available

in 1967 members of this committee quickly applied for

the funding and established the Bucks County Legal

Aid Society (BCLAS), now part of Legal Aid of South-

eastern Pennsylvania.

One of the first acts of the BCLAS board of directors

in 1967 was to hire a full time director at a salary of

$11,000 and two part-time attorneys. Another was

The History of Pro BonoLegal AidElizabeth Wood Fritsch, Esq.

A

Page 19: The Writs Spring 2015

19

to find space in Doylestown, Bristol and Warminster

from which to serve clients. In 1969, the directors were

pleased to report that its budget was now $60,000

and outreach offices were planned for Quakertown

and Ottsville. This did not mean that the issue of

financing legal services to the poor was over. In fact,

finding sufficient funding to sustain operations and

services has continued to be the greatest challenge

for Legal Aid and all who support it.

Over the years, many prominent and well respected

Bucks County attorneys, many of them Bar Presidents

and leaders in the legal community, have been involved

in leadership of legal aid in the county. Judges VanArts-

dalen, Robert Mountenay, John J. Rufe, Oscar Bortner,

and Clyde Waite served as employees, directors and

presidents of the board. And many, many hundreds of

bar members have given of their time and their money.

The resulting impact of all these efforts by legal aid

staff, volunteers and supporters is almost beyond

measure. Looking at our records for just the last 20

years (as long as we have kept records on computer),

Legal Aid has handled 37,354 cases for low income

and vulnerable county residents. And 12,661 of these

were handled by volunteers! As a result, 9454 victims

of domestic violence and family members have gotten

protection orders, 3097 have obtained or preserved

custody or visitation arrangements with their children,

and 1053 have achieved the protection of federal

bankruptcy. Other benefits gained for those in need

include obtaining of unemployment compensation,

preservation of medical benefits and Social Security Dis-

ability, mortgage renegotiation, expungements, family

reunification, preservation of rental housing, wills and

powers of attorney. Attorneys have tremendous power

to use their skills and expertise to do good. And they

have used it in Bucks County generously and effective-

ly. Now this is a history of which we should all be truly

proud. n

Looking at our records for just

the last 20 years (as long as we have kept records on computer), Legal Aid has handled

37,354 cases for low income and

vulnerable county residents.

SPRING 2015

Page 20: The Writs Spring 2015

he fourth edition of the Orphans’ Court Manual is

now available for purchase from the Bucks County Bar

Association. The process for delivering the manual has

been an interesting journey. One might say, much like

herding cats. The trip has been interesting and replete

with detours and setbacks. Would I take on the chal-

lenge again had I known how challenging it would be?

Let me reflect on that.

When I joined the Orphans’ Court Section as a new

attorney I wanted, and in fact needed, to buy a manual

explaining procedures and providing sample forms. The

third edition, published in 2005, was no longer avail-

able and had been under revision for about five years.

The only way I could see to actually get an updated

manual was to volunteer to corral the disparate parts.

Getting my arms around this project was a challenge.

While reports suggested that most of the chapters had

been updated, edited and reviewed, no one was able

to produce an electronic copy of the manual. Many

of the chapters were “lost” in cyberspace when the

responsible administrative person left the firm she

worked for. Paper versions with marked up edits exist-

ed, as did short Word documents containing additions

to the manual. The issues were tackled one at a time.

For some unknown reason, there was no electronic

copy of the third edition to use as a starting point.

Although some of the author/editors had working

copies of their assigned chapters, no one had the time

or wanted to retype the chapters that existed only on

paper. For these chapters, clean copies were scanned

into pdf files and then, using Adobe Acrobat, convert-

ed to Word files. Now anyone who has ever used this

approach is aware of how un-user-friendly these docu-

ments can be. The straight text of the chapters didn’t

take too long to fix formats, spacing, text compression,

and problem tabs. Then the additions and corrections

were applied to all fifteen chapters.

Converting the 88 forms from paper to pdf to usable

Word documents turned out to be much more difficult!

It was like a law school assignment to draft documents,

The Tough Way to Get a Copy of the NewOrphans’ Court ManualCarolyn Newsom

20WRITSthe

human interest

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21

but was an incredible way to learn about Orphans’

Court procedures. Fixing converted Word documents

turned out to be more difficult and time consuming

than retyping the documents from scratch. While this

took many hours it did make it easy to give the forms

a more standard and undated look.

Revising the standard look of the documents

may turn out to be a point of contention.

I asked for permission to make the documents

have a standard look, but I did not ask for

approval of the standard that was adopted.

No one thought to ask. Studies have shown that

it is easier to read san serif than serif fonts. Thus the

standard font for the fourth edition of the manual

is Ariel rather than the standard of the legal profession,

Times New Roman. It is not difficult to change the font

back to the old standard but documents may need

additional spacing adjustments. My apologies for any

inconvenience caused.

So, would I take on the challenge again? Yes! I worked

with an interesting and talented group of

attorneys, including some of the most pleasant

procrastinators I’ve ever met. And finally, I now

have my own copy of the fourth edition of the

Orphans’ Court Manual. n

James C. Schwartzman, Esq.• MemberoftheSupremeCourtofPennsylvaniaJudicialConductBoard

• FormerChairman,DisciplinaryBoardoftheSupremeCourtofPA

• FormerChairman,ContinuingLegalEducationBoardoftheSupremeCourtofPA

• FormerChairman,SupremeCourtofPAInterestonLawyersTrustAccountBoard

• FormerFederalProsecutor• Selectedbyhispeersasoneofthetop100SuperLawyersinPAandthetop100SuperLawyersinPhiladelphia

• NamedbyhispeersasBest Lawyers in America2015PhiladelphiaEthicsandProfessionalResponsibilityLaw“LawyeroftheYear,”andinPlaintiffsandDefendantsLegalMalpracticeLaw

1818 Market Street, 29th Floor • Philadelphia, PA 19103 (215) 751-2863

Representation,consultationandexperttestimonyindisciplinarymattersandmattersinvolvingethicalissues,baradmissionsandtheRulesofProfessionalConduct

AttornEy DiSCiplinAryAnD EthiCS mAttErS

StAtEWiDE pEnnSylVAniA mAttErS no ChArGE For initiAl ConSUltAtion

SPRING 2015

Page 22: The Writs Spring 2015

mong the works of art that adorn the walls of my

apartment, there is a pen-and-ink drawing of a tree,

made by my oldest daughter in 1975 when she was an

art student in college. The drawing is of a Locust tree

that stood in our backyard. It was drawn as the tree

appeared in the winter, barren of leaves and seed pods.

There must have been snow on the ground because

there is no grass showing. So intricately are the trunks,

limbs, branches and twigs drawn that the picture

appears to be three dimensional.

Several years ago I rearranged some of the pictures in

my apartment and when I put the tree drawing in its

new place, I inadvertently hung it upside down. I didn’t

notice it at the time, and, some time later a friend said,

“Paul, the tree is upside down.” I looked at it for a

moment and said, “No, the tree is gone. What you see

is the root system that was left behind.” Fifteen years

after the drawing was made, a hurricane blew the tree

over. So clean was the break that there was no hole to

fill or stump to be removed. All that was needed was

about a bushel of dirt raked over the site and seeded,

and the next year there was no sign that there had

ever been a tree there.

One evening, recently, the “root system” caught my

eye. As I looked at it, the thought occurred to me –

”How like the life of that tree my own life has been.”

The trunks, limbs, and branches – even the twigs,

leaves, blossoms and fruits – of the visible tree repre-

sented the communities of which I had been a part,

and, the root system was responsible for the nurturing

of my life in those communities. After all, I had been

born into a community – a family. The family was part

of a Quaker community – Newtown Meeting. The fam-

ily lived in the community of Newtown. The schools I

attended, Newtown Public School, George School and

Earlham College, were all communities. The army was

a community, as was Temple Law School. I became a

lawyer and as such was a part of the legal community.

I became the Court Administrator for the Bucks County

Courts and was not only a part of the Court commu-

nity, but the County government community, as well.

A

22WRITSthe

community

Paul Kester

COMMUNIT Y ROOT S

Page 23: The Writs Spring 2015

23

I became active in a number of other communities. I

started one of my own – a family. And there were a

number of other organizations with which I became

involved.

“How like thelife of that tree

my own life has been.”

As I entered each community, the first thing that I did

was to start sending down roots. I became acquainted

with the culture and purposes of the community. I

learned the routines and rules of community life. I

made new associations and friendships with other

members of the community. Some of these ripened

into deep and lasting friendships.

The longer I was involved with each community, the

deeper the roots went. Some of the roots went back

hundreds of years – family, Quakers, and Newtown and

Bucks County, for example. These roots drew nourish-

ment from the soil that was then passed up into the

trunks, limbs, branches and twigs of the tree. That

nourishment sustained and enhanced the life of this

tree and brought forth its blossoms, leaves and fruits.

This tree has lasted for a long time.

So, when the Woodsman comes with his sharp blade

and separates me from those roots, I will no longer be

visible. The root system will eventually decay, but it will

have left its mark on the communities that I supported

as the tree. And that is my legacy. It matters not that I

may not be identifiable. What matters is that the com-

munities I cared about the most will continue to thrive

and grow. That’s all I need to know. How about you?

n

John B Henry is an established dealer of fine antique (pre 1898) firearms and rare collectibles that celebrate the history and artistry

of exceptional discoveries from around the globe. We are actively seeking to purchase single pieces or entire estates for inclusion

in our collection. We are interested in firearm collections of all kinds, with a focus on military and antique items.

Our team of skilled experts is equipped to provide qualified evaluations, and we are happy to provide professional references upon request.

Referrals are appreciated and valued. Please call on us for a further discussion of how we can work together successfully.

Contact us at 610-566-5200 or [email protected]

John B Henry | P.O. Box 435 | Media, PA 19063

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Fine Antique Firearms & Rare Collectibles LLC

SPRING 2015

Page 24: The Writs Spring 2015

24WRITSthe

education

Join Us For Another Marathon CLE Day!Earn up to 6.0 CLE credits in one day on 5 different topics!

Course Descriptions: Avoiding Legal Malpractice- 1.0 eth.

In this intermediate level seminar you will learn how to

avoid malpractice suits and in addition to earning 1.0

ethics credits, you may also earn a 5% discount on your

malpractice insurance! “To qualify for the 5% discount,

you must meet the following criteria: 1) a one-three

person firm must have at least one attorney attend; 2) a

four or more person firm requires half of the practicing

attorneys to attend, or a minimum of one-quarter if at

least one of the attendees is a partner. This discount is

not available to insureds under the Corporate Attorney

Policy Form. The discount will be applied only to the policy

renewal which is next processed following this program.

Existing policies of renewal quotations cannot be

“re-issued.” The discount does not apply to part time

policies. Attendees must be on time and stay for the

entire program in order to get full credit and the

insurance discount.

Where? The Bucks County Bar Association • When? April 22, 2015

Defending Environmental Enforcement Actions- 1.0 sub.

A discussion of strategies and practice tips for represent-

ing clients faced with civil or criminal environmental

enforcement actions. Topics include Role of the state

and federal government in environmental enforcement;

Examination of the civil and criminal environmental en-

forcement process; Overview of state and federal enforce-

ment statutes; Identifying current trends in environmental

enforcement; Case studies of several recent major civil

and criminal enforcement actions (Chevron gas well pad

fire, Exxon Mobil Marcellus Shale frack water spill, Nor-

folk Southern tank car derailment and spill); Discussion

of recent changes in the Pennsylvania Oil & Gas Act (Act

13) and DEP’s updated 2014 Enforcement & Compliance

Policy; Strategies for avoiding and defending a civil or

criminal enforcement actions; Practice tips for handling a

case before the Environmental Hearing Board (EHB); and

Practice tips for representing a client before a federal or

state Grand Jury.

Time Topic Presenter

9:00 a.m. – 10:00 a.m. Avoiding Legal Malpractice Nicole Antos, Esquire PBA

10:00 a.m. – 10:15 a.m. Break/Registration

10:15 a.m. – 11:15 a.m. Defending Environmental Glenn A. Parno, Esquire Enforcement Actions Capozzi Adler, Attorneys at Law

11:15 a.m. – 11:30 a.m. Break/Registration

11:30 a.m. – 12:30 p.m. Strategic Planning Ellen Freedman, CLM Pennsylvania Bar Association

12:30 p.m. – 1:00 p.m. Lunch/Registration

1:00 p.m. – 2:30 p.m. Time Management for Solo Ellen Freedman, CLM and Small Firm Attorneys Pennsylvania Bar Association

2:30 p.m. – 2:45 p.m. Break/Registration

2:45 p.m. – 4:15 p.m. Getting Paid Combo – Ellen Freedman, CLM Basic and Advanced Concepts Pennsylvania Bar Association

Page 25: The Writs Spring 2015

25

education

Strategic Planning – 1.0 eth.

Developing a successful methodology for analyzing and

implementing change at the firm.

Time Management for Solo and Small Firm

Attorneys – 1.5 eth.

This face-paced session will provide solid tips, tools, and

tricks for taming information overload, managing proj-

ects, maintaining effective communications with clients

and staff, and working smarter instead of harder.

Getting Paid Combo- Basic and Advanced

Concepts – 1.5 eth.

How do you ensure you will get paid for the work you

do? Unfortunately, there is no single magic secret to

share as to why some firms get paid and others don’t.

Rather, there is a proven methodology you can and

should follow. This course will take you through the series

of essential steps which are guaranteed to reduce your

receivables and improve your cash flow. Covered topics

include the emotional issues connected to managing re-

ceivables for both attorneys and clients; performing credit

checks; engagement agreements; timing issues; billing

follow- up; communications; and when to put the pen

down. This course additionally includes details on how

to create an automated receivable follow-up program;

taking credit cards; liens on files; reporting non-paying

clients to credit bureaus; and pros and cons of bring-

ing suit to collect fees. (Note: this course is also suitable

for bookkeepers or other key office personnel who are

involved in the receivable management process.)

n

CLE COURSE REGISTRATIOn InFORMATIOn

________________________________________ ______________________________________ __________________________________ ______ Attorney ID # Last Name First Name M.I.

______________________________________________________ ______________________________________ __________ _________________ Street Address/P.O. Box City State Zip Code

_____________________________________________________________ ___________________________________________________________ Daytime Phone # Fax #

Please check the course(s) that you plan to attend:

o # 305 Avoiding Legal Malpractice

oBCBA Member ($30) oNon-Member ($45) oNon-Attorney ($15)

o# 306 Defending Environmental Enforcement Actions

oBCBA Member ($30) oNon-Member ($45) oNon-Attorney ($15)

o# 307 Strategic planning

oBCBA Member ($30) oNon-Member ($45) oNon-Attorney ($15)

o# 308 Time Management for Solo and Small Firm Attorneys

oBCBA Member ($45) oNon-Member ($70) oNon-Attorney ($30)

o# 309 Getting Paid Combo- Basic and Advanced Concepts

oBCBA Member ($45) oNon-Member ($70) oNon-Attorney ($30)

On-site registration for all courses when seating is available; food and materials not guaranteed.Registration begins ¼ -hour prior to listed course time.

Amount Enclosed: $________ Check #: ________

Dietary/Accessibility Needs? If so, please explain:

______________________________________________Refund Policy: When a cancellation is necessary, please contact the BCBA at least 3 days prior to the course date for a full refund.Course Cancellation: Due to circumstances beyond our control, such as low enrollment or speaker cancellation, the BCBA reserves the right to cancel a scheduled course with a full refund to reg-istrants. In the event that a cancellation is necessary, you will be notified as soon as the decision has been made.On-Site Registration: When seating is available, you may register for a course as a walk-in. Food and materials are not guaranteed for those who register within 24 hours of a program. Pre-registration is encouraged and appreciated.Questions? Please call our MCLE Coordinator at 215-348-9413 x110.

“These CLE programs have been approved by the PA CLE Board for the amount of credit hours listed for each indi-vidual course in the substantive law practice and procedure area as well as ethics.”

SPRING 2015

Page 26: The Writs Spring 2015

26WRITSthe

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Enjoy the ambiance of this 1879 mansion while:

• Bidding on exciting silent auction items

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Page 27: The Writs Spring 2015

27 SPRING 2015

Page 28: The Writs Spring 2015

28WRITSthe

entertainment

Film Review—“The Judge”David Truelove

his review is being written in the wake of the recent

Academy Awards’ broadcast, so if the tone is tired and

a little “filmed-out,” I offer a mea culpa. I am not a

cinephile, as is my good friend and contemporary, Chris

Serpico. I cannot offer in-depth analysis or some per-

spective gained from familiarity with different directors

or genres. Nevertheless, for a few reasons which will

become apparent, The Judge was an enjoyable movie

experience, and one which was very personal, on a

number of levels.

A caveat: The Judge is not a great film. It did not win

any major film awards (though Robert Duvall was

nominated for Best Supporting Actor). The movie is,

in an ironic way, a terrific diversion and escape.

It boasts a top-notch cast (Duvall, Robert Downey, Jr.,

Billy Bob Thornton, Vincent D’Onofrio, and others), and

is beautifully filmed. Some critics found its plot formu-

laic and clichéd, which are probably valid observations.

However, as an attorney (a recovering litigator), and an

Indiana native (yes, a “Hoosier”) and who after several

decades has experienced some of the rigors of balanc-

ing personal and professional lives, The Judge “spoke”

to me. It was familiar—simultaneously comforting and

unnerving.

The story begins with a courtroom scene in Chicago,

where high-priced criminal defense attorney Hank

Palmer (Downey) is outmaneuvering a frustrated

prosecutor in a pre-trial motion hearing. After the

hearing Hank receives a call from his older brother,

Glen (D’Onofrio), calling from their southern Indiana

hometown, telling him that their mother has just died.

The next few scenes display the physical and emotional

journey Hank embarks

on, flying from

Chicago to Evansville,

Indiana (my mother’s

home town), then

driving on two-lane

roads dividing

elephant-high cornfields to the

hometown, a nearby county seat. We learn that Hank

and his wife are on the verge of separation, and upon

his arrival in “Carlinville,” Hank has not been home

for years, and has not spoken to his father, the local

county judge (Joseph Palmer, played by Duvall),

for the same duration. As a decades-long jurist,

Duvall casts a large shadow at home

and in the community. His own

boys refer to him not as “Dad,”

but as “The Judge.”

T

Page 29: The Writs Spring 2015

29

The father-son estrangement is explained gradually

during the film, revealing that Hank was a ne-er do

well (though talented and intelligent) middle son,

whose teenage reckless driving cost his older brother

a shot at a major-league baseball career. We also meet

their younger brother, Dale, who is mentally chal-

lenged, but who has a knack and obsession for film-

making, and watching old family movies. After their

mother’s funeral, Hank is ready to return to Chicago

and attempt to patch up his failing marriage (and

spend more time with his young daughter), when the

Judge is himself named a suspect in a homicide involv-

ing a former criminal defendant who appeared before

the Judge several years before, but in this instance is

killed in a vehicular incident (but allegedly not an

“accident.”)

What transpires over the next several scenes is the

unfolding of several sub-plots, dominated by the

eventual prosecution of the Judge, in a trial presided

over by a jurist brought in from

out of county (played by the

“White Shadow,” Ken

Howard), and prosecut-

ed by an out-of-county

district attorney,

played by Billy Bob Thornton, in an unusually under-

stated, but effective presentation. As the main theme

is developed, other stories also unfold. Hank reunites

with an old high-school flame, who now runs the

local diner. Glen’s unrealized baseball career aspira-

tions are also explored. Most significantly, Hank and

the audience learn that the Judge is suffering from

a terminal cancer, and that he has been undergoing

chemo treatments for months, up to this point an

ailment and prognosis known only to his wife. The

chemo treatments potentially compromise some of his

judicial decisions and affect both his memory and the

potential level of claimed criminal intent, with respect

to the underlying charges, which include First Degree

Murder, and Voluntary Manslaughter.

Hank eventually represents his father at the trial.

The trial preparation scenes present parallel paths:

the personal re-connection between father and son,

and the development of tremendous (if not initially,

grudging) professional respect. The trial scenes are

fairly realistic (although the time between arrest and

jury selection appears extremely short, even by

efficient Hoosier standards), and of course the

denouement occurs during the Judge’s riveting and

revealing testimony. I won’t issue a spoiler alert—

you’ll have to see the movie for yourself, in order

to discovery the result.

In the end, The Judge explores some well-worn,

but still interesting themes: family tension, lost

opportunity, regret, reflection and resolution.

The film also highlights the concept that being

in the legal business is a commitment on many

fronts, and that balancing personal and profes-

sional lives can be precarious. As I walked out

of the theater, I thought again that perhaps a

bumper sticker should adorn all of our vehicles:

“Lawyers are People, Too.” n

SPRING 2015

Page 30: The Writs Spring 2015

30WRITSthe

calendar

The MUSIC SNOB’S Top Five List

Thursday –May 14, 2015 • ThirdannualDinnerandaMovieevent

Be sure to check your email for an

opportunity to win free tickets. We’ll

announce the movie soon – it’s a real

crowd-pleaser.

Wednesday – June 3, 2015 • FederalCourtsAdmissionCeremony

and Reception

4:00 pm to 7:00 pm

Friday – June 12, 2015 •AnnualGolfOuting

Young Lawyers

Will last yearswinners repeat?

Thursday – June 25, 2015 • SeasonedLawyersvsYoungLawyers

Softball Game

Hampton Chase Park, Jamison

First Pitch 5:00 pm

Seasoned Lawyers

MUSIC SNOB

The top five recording artists

shunned by the Rock and

Roll Hall of Fame:

1. Yes

2. The Moody Blues

3. Chicago

4. Little Feat

5. (tie) King Crimson/ Jethro Tull

Page 31: The Writs Spring 2015

Spend 10 jazz- and blues-filled days and nights in the Greater Reading area! Over 120 scheduled events, plus great shopping and dining in one area, make the 25th annual Boscov’s Berks Jazz Fest your perfect spring getaway.

For tickets, call Ticketmaster toll free at 1-800-745-3000 or visit www.ticketmaster.com to order online.

JAZZ AT LINCOLN CENTER ORCHESTRA WITH WYNTON MARSALIS • DAVE KOZ • INCOGNITO • BRIAN CULBERTSON • DIANNE REEVES • BONEY JAMES • PIECES OF A DREAM

MINDI ABAIR & THE BONESHAKERS WITH SWEETPEA ATKINSON • THE SOUL OF JAZZ FEATURING JEFFREY OSBORNE, NAJEE, MAYSA, NICK COLIONNE, GERALD VEASLEY, BRIAN SIMPSON

NEW YORK VOICES AND THE READING POPS ORCHESTRA • BILLY COBHAM ‘SPECTRUM 40’ BAND FEATURING DEAN BROWN, GARY HUSBAND, RIC FIERABRACCI • GERALD ALBRIGHT

GOSPEL ACCORDING TO JAZZ CELEBRATION: KIRK WHALUM, YOLANDA ADAMS, KEVIN WHALUM, JOHN STODDART AND THE DOXA GOSPEL ENSEMBLE • MARC ANTOINE • ALEX BUGNON

STRINGS ATTACHED FEATURING LARRY CORYELL, JIMMY BRUNO, VIC JURIS, JACK WILKINS, JOE COHN • PHILADELPHIA JAZZ ORCHESTRA DIRECTED BY TERELL STAFFORD

REMEMBERING JOE SAMPLE: BOBBY LYLE, WILTON FELDER, RAY PARKER JR., JEFF BRADSHAW, NICHOLAS SAMPLE, LIONEL CORDEW, LIZ HOGUE • BRIAN BROMBERG

NICK COLIONNE • JAZZ ATTACK: RICK BRAUN, PETER WHITE, EUGE GROOVE, ELLIOTT YAMIN • MARION MEADOWS • PAUL TAYLOR • JAZZ FUNK SOUL: CHUCK LOEB, JEFF LORBER,

EVERETTE HARP • FOURPLAY: BOB JAMES, NATHAN EAST, HARVEY MASON, CHUCK LOEB • KIND OF NEW: JASON MILES, INGRID JENSEN, RAY RODRIGUEZ, MIKE CLARK, JERRY

BROOKS PLUS SPECIAL GUESTS LIONEL LOUEKE, GARY BARTZ • PAT MARTINO TRIO WITH PAT BIANCHI, CARMEN INTORRE • LIVE AT THE FILLMORE: TRIBUTE TO THE ORIGINAL ALLMAN

BROTHERS • URBAN JAZZ COALITION • TOMMY KATONA & TEXAS FLOOD • FRANK VIGNOLA & VINNY RANIOLO • THE JOST PROJECT: TONY MICELI, PAUL JOST, KEVIN MACCONNELL,

ANWAR MARSHALL • ROYAL SOUTHERN BROTHERHOOD FEATURING DEVON ALLMAN, CYRILL NEVILLE, CHARLIE WOOTEN, YONRICO SCOTT, BART WALKER • JAMES HUNTER SIX • MIKEY

JUNIOR BAND • ANDREW NEU WITH CAROL RIDDICK, DAVID P STEVENS • DANCE HALL DOCS FEATURING BRENT CARTER • THE UPTOWN BAND FEATURING ERICH CAWALLA & JENIFER KINDER

GREG HATZA & TIM PRICE ORGAN QUARTET • PAT TRAVERS BAND • CRAIG THATCHER BAND • THE ORIGINAL GROOVEMASTERS • REGGIE BROWN AND BUNCH A FUNK

THE ROYAL SCAM • DJANGOHOLICS ANONYMOUS: JOSH TAYLOR,CHRIS HESLOP, BILL NIXON, MICHAEL NIKOLIDAKIS, TREY LARUE • SAX SUMMIT: NATHAN BELLOTT, SETH EBERSOLE,

ANDY MOHLER, GREG WILSON • RANDY HANSEN • CELEBRATE SINATRA: LOU DOTTOLI AND THE SOUNDS OF SUNNYBROOK DANCE BAND • U.S. ARMY JAZZ AMBASSADORS AND MORE!*

* LINEUP AS OF 11/26/14. SUBJECT TO CHANGE

James Hunter

Six Dave Koz

Terell Stafford

Incognito

Wynton Marsalis

Yolanda Adams

Boney James

Brian Culbertson

Follow us on Twitter@berksjazzfest

April 10-19, 2015Reading, PA

berksjazzfest.com

PROUD SPONSOR OF THE BOSCOV’S BERKS JAZZ FEST

Page 32: The Writs Spring 2015

We chose MileStone Bank.

We’ve been around the block more than a

few times... and we never left the neighborhood.

MileStone Bank1980 South Easton Road • Doylestown, PA 18901 • 866.672.2655

www.milestonebank.com

Together we make a promise, a pledge and a covenant to help you

achieve fi nancial success now and in the future.

Don Worthington, Chairman

Former Co-founder and board member of FirstService Bank and

CEO, President and Chairman of National Penn Wealth Management.

Kelley Cwiklinski, Executive VP/Chief Lending Offi cerFormer Senior VP of Commercial Lending

at Team Capital Bank.

Patricia A. Markel-Mulligan, Sr. Banking Executive

Former Regional President of Team Capital Bank

and Senior VP at FirstService Bank.

Linda J. Bishop, Executive VP/Market Planning

Former Senior VP of Sales and Marketing and

Retail Banking at Univest Bank.

John Spier, President & CEO

Former Co-founder, President and CEO of FirstService Bank

and President and CEO of Buck County Bank and Trust.