Vol. XIX, No. 5
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the side bar THE NEWSLETTER OF THE WESTMORELAND BAR ASSOCIATION VOLUME XIX, NUMBER 5 OCTOBER 2007 WBA Members Vote “Yes” for Retention of Hathaway, Ober Editor’s note: Voters teacher and a mother fostered an January 2004, and has been a judge in in Westmoreland awareness of issues facing children in the Criminal Division since January County will be our society, and sparked an interest in 2004. asked on Tuesday, becoming an advocate for children and She has been a member of or November 6, 2007, other victims of crime. Prompted by active in the following professional whether they wish the desire to find a way to better serve organizations: American Bar to retain Common the needs of abused children, she Association; Pennsylvania Bar Pleas Court Judge Rita enrolled at Duquesne Law School, and Association; Ned J. Nakles American Donovan Hathaway and graduated in 1988. She was hired by Inn of Court; Westmoreland County Judge William J. Ober, who will each then-District Attorney John J. Driscoll Multi-Disciplinary Team on Child be completing a ten-year elected term of as a prosecutor that same year. In her Abuse and Neglect; Subcommittee of office in January 2008. Westmoreland capacity as an Assistant District PA Supreme Court Committee on County attorneys—in a poll conducted Attorney, she was the Supervisor of the Racial and Gender Bias in the Justice earlier this year by the Westmoreland Bar Sexual Crimes and Child Abuse Unit System; Pennsylvania District Association—have already cast their vote. from 1991 through 1997, as well as Attorneys Association; Commissioner A solid majority voted “Yes, both Judges Chief Trial Attorney from 1995 for County Probation and Parole should be retained.” through 1997, when she was elected to Officers’ Firearm Education and the bench. She officially Training Commission, and the THE HON. RITA assumed her duties as a Duquesne Law Alumni Association. DONOVAN HATHAWAY Judge in January of 1998. he Hon. Rita “I loved my job in the THE HON. WILLIAM Donovan D.A.’s Office,” says Judge J. OBER T Hathaway was Hathaway, “and I would he Hon. born in 1950 in Boston, have stayed there had I not William J. Mass. She attended Boston been elected [to the bench T Ober was State College, and gradu - in 1997]. I sincerely believe born in 1939 in ated in 1972. During her that I have been called to Derry, Pa., and high school and college was educated in the L public service.” years, she worked as a While on the bench, (now) Derry Area The Hon. Rita D. clerk in a grocery store, and Judge Hathaway was the School District. Hathaway L continued in that position Judicial Liaison for the He graduated from The Hon. William J. while her children were young. After Westmoreland County Children’s Dickinson College Ober both of her children were enrolled Bureau from 2000 –2004, and the in 1961 (B.A., in school, Judge Hathaway took a Administrative Judge of Domestic Economics) and Dickinson School of position as an elementary school Relations from 1998 –2003. She was Law in 1964. Upon graduation, he teacher at Mother of Sorrows School a judge in the Family and Juvenile began his long career as a trial lawyer in Murrysville. Her experiences as a Division from January 1998 until continued on page 4 IN In Memoriam AlterEgo: To-Wit: Jury Senator THIS President’s Leonard R. B. Earnest by S. Trial Edgar ISSUE 215Message 3 Reeves 9 Long 11 Sponte 13 Verdicts Cowan 2 • sid ebar OCTOBER 2007 President’s Message As Time Goes By by James E. Whelton, Jr., Esq. t is amazing at how fast time We have also received commitments television advertisements. As I goes by. I know that all of us, from Enterprise Rent-A-Car, ComDoc, mentioned in a previous message, I from time to time, have some Lapels, and Smail Automotive to the WBA is a partner in this effort. recognition that the clock seems to participate in this new program. As a Some changes have also been made be moving faster and faster. We wake WBA member, you will enjoy savings with the state bar PAC. More changes up one day and, for whatever the on the products or services offered by are coming and the result will be a reason, find ourselves asking where our partners, and your support of much more effective organization to did the time go? those partners will provide additional help protect and advance the interests I had one of those income to the Bar. Complete details of our profession. days recently and will be announced soon. One issue still percolating that will realized that I am We continue to make significant affect all lawyers is the proposal to halfway through my progress utilizing new technology to impose a sales tax on attorneys’ fees. term as president. provide new and improved member This is an issue that, like the legislation Having had that services. Our new web page is nearly intended to eliminating the need for realization, it occurred ready to launch and soon you will law journal advertising, continues to me that something be able to register and pay for CLE to be revived. The WBA has been along the lines of seminars online. We will also soon very active in opposing both of these a mid-year report have listservs, exclusive to WBA efforts in the past by working with might be appropriate. members, and are considering offering and following the lead of the PBA. As everyone is well aware, the CLE presentations for our The PBA is aware of the continued financial strength of the members to download to current efforts by some association is always of paramount portable devices. legislators to move the concern. Our treasurer, Chris DeDiana, There are, of course, tax issue forward and is explained at the last annual meeting statewide issues that meeting those efforts that most of our revenue is derived hit close to home. The head on. It may, how - from our law journal. With that in WBA continues to ever, be necessary that mind, the board has been actively enjoy a very strong we ask you to become developing non-dues related income relationship with the PBA directly involved in helping to sources. leadership, and we have partnered defeat this proposed tax. We will soon launch our own with the PBA on a number of All in all, the last six months has Affinity Program. This program will well-conceived, well-executed been somewhat of a whirlwind, and I provide both savings to our members initiatives. really can’t believe how the time has on products or services that each of us For instance, the PBA initiated a gone by. It truly is an honor to serve buys and uses, and a new revenue program to educate voters in advance as president of this association and I stream of income for the association. of the upcoming retention elections. thank you for the opportunity. I do We are thrilled to have successfully As some of you may be aware, there not ever forget, however, that it is both teamed up with Staples as a partner in is one group promoting the idea the individual and collective efforts of our Affinity Program. Office supplies that every sitting trial and appellate all of you that make this association as are certainly something that we all use judge should be voted out of office, strong as it is. There are so many who on a daily basis, and this new program not retained. As lawyers, we, more give so much for the collective good. will allow our members to save on than most, know that such a proposal In my opening message, I invited every single item that Staples offers. It is unwarranted and is nothing more you to contact me (or any of the will also provide easier online ordering than a knee-jerk reaction. Thanks in board members) if you have an idea and flexibility in billing. We are large part to the PBA, local media of how we can improve service to already enjoying the savings at bar outlets have condemned this our members or headquarters, and by participating in outrageous proposal for what it is. increase member this program my firm is projected to The PBA continues with its benefits. The save (on average) 26% on the cost of commitment to improve the public’s invitation still quality office supplies. perception of our profession with stands. OCTOBER 2007 sid ebar • 3 Remembering Leonard Reeves Editor’s note: Leonard R. Reeves, founding partner of Reeves & Ross in Latrobe, • He had an impact on the lives of passed away on September 2, 2007. In addition to the WBA and PBA, Leonard was the nine precious ones to whom he a member of the Pennsylvania Trial Lawyers Association, where he served two terms was known as “PaPa.” I know some as president, the Christian Legal Society, and the Pennsylvania Defense Institute. He of them only as Daisy, LuLu, Nellie, was a deacon, Sunday school teacher, and short-term missionary for the Independent Kicker, and Bitsy. I do not know Baptist Church, in Blairsville. Leonard is survived by his wife, Patricia; five children, their real names. Kevin Reeves and wife, Colleen, of New Alexandria, Becca Reeves, of Wheaton, Ill., • He had an impact Jennifer Saksa and husband, Steve, of Medina, Ohio, Molly Enos and husband, on the lives of the Keith, of Derry, and Patrick Reeves and wife, Jennifer, of New Alexandria; and nine five to whom he grandchildren. The following eulogy was given at his funeral on September 6, 2007.