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Associate Justice Ruth Bader Ginsburg of the Supreme Court of the United States of the Supreme Court of the United States 19331933 – - 20202020

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Associate Justice Ruth Bader Ginsburg of the Supreme Court of the United States of the Supreme Court of the United States 19331933 – - 20202020 OCTOBER 2020 VOLUME 44 • NUMBER 3 Associate Justice Ruth Bader Ginsburg Associate Justice Ruth Bader Ginsburg of the Supreme Court of the United States of the Supreme Court of the United States 19331933 – - 20202020 DSBA BAR JOURNAL OCTOBER 2020 | VOLUME 44 • NUMBER 3 PRESIDENT Michael F. McTaggart EXECUTIVE DIRECTOR Mark S. Vavala EDITORIAL BOARD Laina M. Herbert Jason C. Powell Benjamin A. Schwartz Seth L. Thompson EXECUTIVE COMMITTEE LIAISON Charles J. Durante EDITORIAL ADVISORY COMMITTEE FEATURES Valerie A. Caras Denise Del Giorno Nordheimer Katherine M. Devanney 2 The 2020 Christopher W. White Distinguished Access to Adria B. Martinelli Jennifer L. Smuts Justice Awards Ceremony Announcement Victoria R. Sweeney Holly O. Vaughn Wagner CELEBRATE PRO BONO PUBLICATIONS EDITOR Rebecca Baird 23 Volunteering During a Time of Crisis PUBLICATION ASSISTANT BY JANINE N. HOWARD-O'RANGERS, ESQUIRE Susan Simmons The Bar Journal is published and distributed 24 Supporting Vulnerable Delawareans by the Delaware State Bar Association 405 North King Street, Suite 100 BY DOUGLAS B. CANFIELD, ESQUIRE Wilmington, DE 19801 P: 302-658-5279 F: 302-658-5212 28 Louis Redding and Civil Rights www.dsba.org BY LELAND WARE, ESQUIRE © Copyright 2020 by the Delaware State Bar Association. All Rights Reserved. 30 Remembering Justice Ginsburg The Bar Journal is the independent journal of the Delaware State Bar Association. It BY RANDY J. HOLLAND is a forum for the free expression of ideas on the law, the legal profession and the administration of justice. It may publish articles representing unpopular and controversial points of view. Publishing and editorial decisions are based on the quality of writing, the timeliness of the COLUMNS article, and the potential interest to readers, and all articles are subject to limitations of President’s Corner Access to Justice Spotlight good taste. In every instance, the views 4 20 expressed are those of the authors, and Editor’s Perspective From The DSBA Sections no endorsement of those views should be 6 26 inferred, unless specifically identified as the Tips on Technology Book Review policy of the Delaware State Bar Association. 12 32 The Bar Journal is published monthly with a 14 Ethically Speaking 34 The Judicial Palate combined July/August issue. 16 DE-LAP Zone 38 The Last Word All correspondence regarding circulation, subscriptions, or editorial matters should be 18 Bankruptcy Update mailed to: Editor, DSBA Bar Journal Delaware State Bar Association 405 North King Street, Suite 100 Wilmington, DE 19801 or emailed to: [email protected] DEPARTMENTS Letters to the Editor should pertain to recent articles, columns, or other letters. Unsigned letters are not published. All letters are 8 Side Bar 11 Section & Committee Meetings subject to editing. Send letters to the address above, Attention: Editor, Bar Journal. 9 Of Note 36 Bulletin Board For Advertising Opportunities 10 Calendar of Events Call (302) 658-5279, ext. 102 Email: [email protected] Read The Bar Journal online at www.dsba.org Cover Photo Credit: Supreme Court of the United States / Ruth Bader Ginsburg, 2016 portrait DSBA Bar Journal | October 2020 3 PRESIDENT’S CORNER | BY MICHAEL F. MCTAGGART, ESQUIRE n October, we recognize National Celebration of Pro ters and protection from abuse hearings. The Family Court Bono Week. This is a week celebrated throughout the also has attorneys who work under contract for low rates of country to recognize and acknowledge the hard work of compensation to provide legal representation in other matters the attorneys in Delaware and across the country who within the Court’s jurisdiction. Of course, there is always a Iwork to help represent the poor and those in need. need to represent tenants who often face the threat of eviction. In a typical October, the DSBA would have scheduled One of the issues that I have heard in the past is the in- the Christopher W. White Distinguished Access to Justice ability for lawyers to find and identify pro bono opportunities. Awards Breakfast to honor those law firms and lawyers who I agree that this is an issue and one that we need to address. have gone above and beyond in the field of pro bono work. I have asked the DSBA staff and IT specialists to create a At the time of this writing, the DSBA is working on a Chris webpage that would list all pro bono openings throughout the White awards ceremony that will be held virtually. State. For now, a good starting point to search for pro bono I want to take this time to congratulate in ad- vance all of our winners for this year’s Chris White Without the Bar’s volunteered hours, Access to Justice Awards. The DSBA typically receives multiple nominations for these awards, there would be many more people in need which reflects the Delaware Bar’s commitment to who would be left to fend for themselves pro bono representation. in a court case or some other proceeding. Chris White worked his entire career at the Community Legal Aid Society, Inc. (“CLASI”). Legal Services Corporation of Delaware (“LSCD”) and opportunities might be the DVLS website (www.dvls.org/ Delaware Volunteer Legal Services (“DVLS”) constitute the attorney-volunteer-opportunites). This page currently lists other non-profit legal aid programs in Delaware. The law- pro bono needs for the following: PFA Pro Bono Program, yers at CLASI, LSCD, DVLS, and the Office of the Child Pro Bono Partnership Program, Attorney Recruitment Panel, Advocate work tirelessly to represent various segments of our Family Law Mentor, Limited Pro Bono Assistance Program, population in various forms of legal issues. Many of these and Senior Assistance. lawyers, like Chris White, have dedicated their entire careers I should also note that the United States District Court in to representing clients in need. For example, Doug Canfield 1999 issued a Standing Order titled “In re The Establishment has served as the Executive Director of LSCD for 25 years, of a Federal Civil Panel to Provide Legal Assistance to Indi- which is the longest tenure for any director in the 80-year gent Parties in Certain Civil Litigation.” Attorneys who agree history of Delaware legal aid programs. to be on the Federal Civil Panel provide a service to indigent In 2019, CLASI, LSCD, and DVLS combined to handle litigants who cannot otherwise afford counsel and provide a 6,436 cases for 5,802 clients.1 A significant portion of the service to the Court. As a State of Delaware attorney, I tried DVLS cases was handled by their list of pro bono volunteers a number of District Court cases against attorneys appointed from our Bar, although there is a sizable number of cases by the Court under this provision. In all of those trials, the that are turned away due to a variety of resource-related is- court-appointed attorneys provided excellent representation sues. Without the Bar’s volunteered hours, there would be to their clients and gained valuable trial experience. Anyone many more people in need who would be left to fend for interested in participating in this program should contact the themselves in a court case or other proceeding. Given the District Court’s Clerk’s Office. current pandemic conditions, I would suspect that the un- I have also heard that lawyers are sometimes intimidated met need for pro bono legal representation of those in need by a possible pro bono assignment due to lack of familiar- is even greater today. ity with the subject matter. In this regard, DSBA recently Our Family Court does have a continuing need for pro held a free Zoom CLE titled “The Basics of Defending a bono appointments to represent clients in guardianship mat- Residential Eviction Action 2020.” The DSBA also recently 4 DSBA Bar Journal | www.dsba.org held a CLE called Understanding the PFA Process, that is The following statement was written on Monday, Septem- available on video. I have also asked the DSBA staff to put ber 21, 2020 in response to the passing of Justice Ruth Bader together an updated CLE course for attorneys who receive Ginsburg and is reprinted here: a new pro bono matter in Family Court. The Delaware State Bar Association mourns the loss of a When we discuss pro bono work of the Delaware Bar, I great jurist, U.S. Supreme Court Justice Ruth Bader Gins- do think of the annual Christopher W. White Distinguished burg who died Friday night at the age of 87. Justice Ginsburg Access to Justice Awards Breakfast and I think of Chris was a friend to DSBA and was honored at a 2018 event White, the person, who was a great Delaware lawyer and in Washington, D.C., at which she was made an honorary advocate for those in need. I met Chris White on a few member of the Women and the Law Section of our associa- DSBA-related matters and it was always a pleasure to work tion. RBG, as she became affectionately known, exemplified with him. The Honorable James G. McGiffin, Jr., who the best in judicial jurisprudence and the search for justice. worked closely with Chris at CLASI, once noted that Chris White “was recognized throughout the state as a leading Her steadfast passion championing rights of women and oth- advocate for disadvantaged people generally and housing ers without power or influence was admirable, irrespective rights in particular.”2 of one’s agreement with her stand. And many of the fights she fought were to gain recognition for rights which are now I would like to again congratulate the winners and nomi- routinely accepted. She was an icon whose personality and nees for this year’s Chris White Awards.
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