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Greenleaf Hearing Agenda and Testimony

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Greenleaf Hearing Agenda and Testimony PENNSYLVANIA SENATE JUDICIARY COMMITTEE PUBLIC HEARING “Civil Legal Representation of the Indigent Have We Achieved Equal Access to Justice? Tuesday, October 29, 2013 Allegheny County Bar Association, 9th Floor Grant Room 436 Seventh Avenue, Pittsburgh, PA 15219 1:00 p.m. to 4:00 p.m. AGENDA Honorable Max Baer Justice, Pennsylvania Supreme Court Forest N. Myers, Esq. ...............................................................................................................4 President, Pennsylvania Bar Association Kathryn M. Kenyon, Esq. ........................................................................................................9 Chair, Pittsburgh Pro Bono Partnership Pietragallo Gordon Alfano Bosick & Raspanti, LLP Honorable Gary Caruso ............................................................................................................14 President Judge, Westmoreland County Court of Common Pleas Ken Gormley, Esq. .....................................................................................................................19 Dean and Professor of Law, Duquesne University School of Law Honorable Kathryn Hens-Greco ..............................................................................................24 Judge, Allegheny County Court of Common Pleas, Family Division John Lovelace .............................................................................................................................28 President, UPMC for You Sonya Butts Rainey ....................................................................................................................31 Client of Neighborhood Legal Services Association, Medical Legal Collaborative for Patients Shirl Q. Regan ............................................................................................................................37 President/CEO, Women’s Center & Shelter of Pittsburgh Heather Arnet.............................................................................................................................44 Chief Executive Officer, Women and Girls Foundation of Southwest Pennsylvania 1 | P a g e David Spurgeon, Esq. ................................................................................................................47 Allegheny County Deputy District Attorney Michelle DeBord, Esq. ...............................................................................................................51 Managing Attorney, Neighborhood Legal Services Association Andrew Scherer, Esq. ................................................................................................................55 Senior Fellow, Furman Center for Real Estate and Urban Policy, New York University Law School and Wagner School of Public Service Principal, Andrew Sherer Consulting Steve Grumm, Esq. ...................................................................................................................65 Director, Resource Center for Access to Justice Initiatives, American Bar Association Findings and Recommendations of the Civil Legal Justice Coalition: .................................74 Jennifer R. Clarke, Esq., Executive Director, Public Interest Law Center of Philadelphia James W. Creenan, Esq., Creenan & Baczkowski, PC; President-Elect of the Allegheny County Bar Association Samuel W. Milkes, Esq., Executive Director, Pennsylvania Legal Aid Network Tri-Chairs, Civil Legal Justice Coalition WRITTEN TESTIMONY Honorable Dick Thornburgh ....................................................................................................81 Former Governor, Commonwealth of Pennsylvania, and former U.S. Attorney General William M. Carter, Jr., Esq. .....................................................................................................87 Dean and Professor of Law, University of Pittsburgh School of Law Max W. Laun, Esq. ....................................................................................................................90 Vice President and General Counsel, Alcoa James D. Schultz, Esq. ...............................................................................................................94 General Counsel, Office of the Governor Barbara Penner, M.S. ................................................................................................................97 Associate Director of Member Services, Standing Firm Natalia Rudiak ...........................................................................................................................103 Pittsburgh City Council Dr. Jon Pletcher .........................................................................................................................106 Clinical Director, Division of Adolescent Medicine, Children’s Hospital of Pittsburgh of UPMC 2 | P a g e Ellen Kramer, Esq. ....................................................................................................................110 Legal Director, Pennsylvania Coalition Against Domestic Violence William Higgins, Esq. ................................................................................................................118 District Attorney of Bedford County Jane Charlton, Esq.....................................................................................................................121 Pro Bono Attorney William Ingold ............................................................................................................................125 Client of Neighborhood Legal Services Association Judith A. Muscante ....................................................................................................................127 Client of Neighborhood Legal Services Association, Medical Legal Collaborative for Patients Kathleen Jasek, MSN, RN, ACM .............................................................................................151 UPMC McKeesport Hospital Ibrahim Isaac Ghobrial, MD, FACP, MRCP..........................................................................136 Program Director Internal Medicine Residency Program Clinical Assistant Professor of Medicine, University of Pittsburgh UPMC-McKeesport Hospital 3 | P a g e Forest N. Myers, Esq. President, Pennsylvania Bar Association 4 | P a g e Testimony of Pennsylvania Bar Association Forest N. Myers Before the Senate Judiciary Committee Regarding Access to Justice October 29, 2013 Good afternoon, Senator Greenleaf, Committee members and staff. I am Forest Myers, Pennsylvania Bar Association (PBA) President, representing the 27,000 members of the Association. Thank you for inviting us to testify at this third and final hearing regarding civil legal representation of the neediest among us across Pennsylvania. My predecessor, Tom Wilkinson, testified at the opening of these hearings. Tom laid out the history of the PBA’s support of access to justice and highlighted our support of civil legal aid. He also discussed some of the innovations pursued for achieving that goal. I am here not to repeat his testimony but rather to underscore the ongoing support of the PBA for access to justice for all. That Tom and I are the bookends of these hearings is fitting. Tom is a big-city lawyer from a large law firm in Philadelphia. I am a solo practitioner from mostly rural Franklin County. Both Tom and I come from counties with significant civil legal aid resources. Both Philadelphia and Franklin counties also have strong pro bono cultures with lawyers and judges who care about the poor, by donating time, money and other resources. Yet far too many people who qualify for legal aid in both counties still go without any help from an attorney. 5 | P a g e Your first two hearings highlighted the problem powerfully with stories of people whose lives changed for the better because they received help from a legal aid program or a pro bono lawyer. You also heard stories of people who struggled, often unsuccessfully, because they could not get help from a lawyer. That many of those people had cases that were winnable – had they been helped by any sort of representation – speaks of a great tragedy for those of us who care about justice. I often hear of how we are only doing legal aid “triage,” working as best we can with limited resources to help as many as we can, knowing some will fail before relief comes. However, there is a difference between medical triage and what is happening today as legal aid programs are cut, further and further, suffering a 10% funding decrease here, a multi-million dollar reduction in IOLTA funds there. In medical triage, relief is on its way. In civil legal concerns, there is often no relief on the horizon. Triage is the normal state of affairs. Unfortunately, too often justice is a matter of luck. If you are poor in Pennsylvania with a civil legal aid matter, you might be lucky enough to be represented by one of the legal aid programs or by a pro bono attorney and have a great chance to win your case. Our legal aid and pro bono lawyers are very good at what they do. But, as you heard at earlier hearings from MidPenn Legal Services Executive Director Rhodia Thomas, cutbacks to her program make it likely that MidPenn is only helping one in ten persons with legal aid needs who qualify at the poverty level. To win at one in ten odds, luck surely is needed. These hearings have done an excellent job of bringing the concept of “Civil Gideon” to public awareness, making clear the importance of providing representation to those who are facing crisis situations in critical areas such as
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