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Transcript of The Writs Spring 2015
WRITSTHE OFFICIAL PUBLICATION OF THE BUCKS COUNTY BAR ASSOCIATION
theSPRING 2015
COURTROOM TECHNOLOGY
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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
Maureen Keyte610.685.0914 x212
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
Please Recycle
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.
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
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.
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
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
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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2921 Windmill Road, Reading, PA 19608HoffmannPublishing.com
Advertise in the WritsBucks County Bar Association’sQuarterly Magazine
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For Advertising Information, please contact one of our media associates below.
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
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
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
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
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
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
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
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
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
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
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
T
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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
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
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
www.johnbhenry.com
Fine Antique Firearms & Rare Collectibles LLC
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
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
26WRITSthe
Media SponsorSUNDAY, MAY 3, 2015 5-8PMKNOWLTON MANSION 931 Rhawn StreetPhiladelphia, PA 19111
Enjoy the ambiance of this 1879 mansion while:
• Bidding on exciting silent auction items
• Savoring luscious hors d’oeurves & buffet, wine, champagne and a specialty drink
• Sampling tantalizing candies and desserts created by noted area pastry chefs and chocolatiers
• Participating in fun, country-themed activities!
• Enjoying country music & entertainment!
2 015 16 t h A N N UA L
G O E S C O U N T R YA U C T I O N G A R D E N PARTY
For tickets or information contact Lisa Radin [email protected] 609.970.9157
800.272.3900 alz.org/delvalProceeds benefit the Delaware Valley Chapter
27 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
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
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
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
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.