Four Appellate Court Jurists Retained ...... page 10 Issue 4, 2013

newsletter of the administrative office of pa courts

Sizing up the judiciary Talks are underway to assess the number of trial judges needed. The statewide “right sizing” effort follows similar work in the minor courts. by Joseph Mittleman

The Supreme Court has embarked on a venture never case types, (e.g., criminal, civil, family, orphans, juvenile), on before attempted in Pennsylvania — an evidence-based the general lengths of time cases take to complete, and on study to calculate how many Common Pleas Court judges reviewing the results. are needed to handle the workload in each judicial district. The first committee meeting took place November 15 in “Right sizing” the Commonwealth’s judicial complement the Pennsylvania Judicial Center with members outlining to has been a concern for a number of years. the NCSC consultants the desired structure of the study. Having the right number of judges in each judicial district The study requires Pennsylvania’s Common Pleas Court is an economic imperative and fundamental to ensuring judges, using a secure, Web-based system, to report for that Pennsylvania’s courts can continue to provide a high one month the amount of time they spend on various level of quality service. cases and tasks they perform. For example, time spent on Studies of this kind are also known as weighted caseload holding hearings, conducting settlement conferences or studies since they measure not only the number of cases writing opinions, as well as non-case-related activities like handled by each court, but also the amount of a judge’s administrative duties. time needed to perform the various tasks related to a case. The time measurement — when considered along with The National Center for State Courts (NCSC) has been a judicial district’s caseload — will indicate the number of hired to perform the study. Suzanne Tallarico, NCSC judges needed to handle the work of that district. principal court management consultant, will serve as NCSC staff will travel throughout the state to provide project director, assisted by John Douglas, also from NCSC. training for the judges participating in the study and to Tallarico and Douglas have done similar work in 16 other answer any questions. states. The final product will provide a data-based standard for A judicial steering committee, composed of Common the number of judicial positions needed for each judicial Pleas Court judges from different sized counties across the district. The resulting calculations will give the General state — along with AOPC staff — is overseeing the project. Assembly an objective measure to assess the necessity of The committee will advise the NCSC on identifying general (continued on page 3) Transitions

New to the Judicial Branch Retirements Kathy M. Manderino, Esq. - reapptd. to Interest on Lawyers Trust Account Board County County Joy G. McNally, Esq. - apptd. to Committee on Rules of Evidence Paul Hindmarsh - Luzerne - deputy court Joseph Lanzalotti - Philadelphia - Leonard Packel, Esq. - reapptd. official administrator deputy court administrator reporter for Committee on Rules of Rayna Kitchen - Bradford - deputy court Cathy Marburger - Berks - deputy court Evidence administrator administrator Hon. Jacqueline L. Russell - apptd. to Robert Pollock - Bucks - deputy court Interest on Lawyers Trust Account Board administrator Resignations James C. Schwartzman, Esq. - apptd. chair of Interest on Lawyers Trust Account Board AOPC County Tiffany Elizabeth Sizemore, Esq. - apptd. to Juvenile Court Procedural Rules Committee Christina Brown - Judicial Services - clerical Alan M. Black - Lehigh - sr. Common Pleas Hon. Carol L. Van Horn - reapptd. to assistant Court judge Domestic Relations Procedural Rules Melvin Colins - Judicial Automation - Jesse J. Cramer - Fayette - magisterial Committee IT specialist district judge Hon. Margherita Patti-Worthington - apptd. Kathryn Ersoz - Judicial Automation - Deborah Higgins - Huntingdon - vice chair of Interest on Lawyers Trust IT specialist district court administrator Account Board William Fonticoba - Judicial Automation - Joseph R. Lefaiver - Erie - magisterial business analyst district judge Other Boards/Committees Colin Haviland - Legal - staff attorney - Timothy McCullough - Washington - litigation deputy court administrator Eugene J. Dooley - reapptd. to Judicial Richard Michaels - Judicial Automation - Joseph I. Papalini - Philadelphia - Conduct Board database developer sr. Common Pleas Court judge Hon. Jayne F. Duncan - apptd. to Judicial Ryan Seiders - Judicial Automation - Conduct Board AV technician AOPC Hon. Jack A. Panella - apptd. to Court of Judicial Discipline Appointments Scott Black - Judicial Automation - AV technician Deaths County Brenda Ickes - Finance - accountant Jennifer Keagy - Judicial Automation - Patti S. Bednarik - Board of Law Examiners Brian W. Edgcomb - Tioga - magisterial systems trainer staff district judge - sr. judge Prutha Pathak - Judicial Automation - Matthew W. Bullock Jr. - Philadelphia - David B. Harding - Lehigh - sr. magisterial student IT intern former Common Pleas Court judge district judge Shan Shanmuganathan - Judicial John J. Chiovero - Philadelphia - former Rick A. Williams - Mifflin - Common Pleas Automation - Crystal Reports developer Common Pleas Court (sr.) judge Court judge - sr. judge Matthew Somerville - Judicial Automation - James M. Cox - Bradford - former district EDI programmer analyst justice Appellates H. Warren Hogeland - Bucks - former (sr.) Supreme Court Committees magisterial district judge Correale Stevens – Supreme Court Justice Eleanor Martin – Supreme Court – former John T. Bender – elected Superior Court Hon. Donna R. Butler - apptd. to Minor stenographer/typist president judge Court Rules Committee Anna O. McCall - Erie - former district James W. Diehm - apptd. to Committee on justice Rules of Evidence Thomas G. Peoples Jr. - Blair - former Thomas Dolgenos, Esq. - reapptd. to Common Pleas Court (sr.) judge Committee on Rules of Evidence Frances I. Rhodes - Warren - former district Hon. Justin M. Johnson - reapptd. to justice Interest on Lawyers Trust Account Board Joseph T. Labrum Jr. - Delaware - Lawrence M. Kelly, Esq. - apptd. to former Common Pleas Court judge Disciplinary Board Edwin L. Snyder - Jefferson - Donna M. Malpezzi, Esq. - apptd. to former Common Pleas Court (sr.) judge Continuing Legal Education Board Robert C. Wyda - Allegheny - magisterial district judge

What’s Happening? AOPConnected is looking for stories from the AOPC and Pennsylvania Judiciary. Do you know of a court-related community project or award? Contact Art Heinz, editor, with the scoop! Email him: [email protected]

2 Into the light by Zig Pines

The Puritans of New England never really had a chance. celebrated They had denounced Christmas as a popish invention the feast of without biblical basis, and they had forbidden the use Saturnalia as a of evergreens, viewed by them as a symbol of heathen victory of light superstition. The Puritans sought a life of austerity and over darkness. darkness, while others sought joy and light. Eventually, the Candles on forces of light prevailed. trees (a danger The celebration of the winter solstice holiday season is a requiring a nearby reflection of culture and character. While the holiday season pail of water) was an old English tradition before has historically been more secular than sectarian, there has the advent of electrical lighting in the late 1880s. In the always been a strong moral underpinning. midst of our winter, we take delight in the magical radiance of the menorah, the evergreen tree dressed in starlike orbs In 1867 Charles Dickens made a spectacularly successful of colorful lights and the solitary candle against a window tour of the United States as he read A Christmas Carol pane. We are reminded that the light, which brilliantly to enraptured audiences. They understood the important illuminates our houses and homes, reflects the light within social message of the Cratchit family tale. As Professor ourselves. Karal Ann Marling’s wonderful book on the history of Christmas noted, the tale was a charity sermon, It is no accident that we couple our season’s greetings emphasizing an important social message — the need for with wishes for a happy new year. We journey through a renewed spirit of benevolence, kindness and generosity. the receding darkness of the season and cross the portal Years later we recognize the same spirit when we see into a new year, one that brings the promise of rebirth Frank Capra’s 1946 film, “It’s a Wonderful Life.” and renewal. As with nature, silent and stark in its skeletal simplicity, we gravitate toward the light of a new year and There are symbols of the season that possess a the hope that it symbolizes. transformative power. The exchange of cards and colorfully wrapped presents, the joyful music, the Salvation Army The editorial staff and I extend our best wishes for a kettle, glass ornaments on trees, and, as Professor Marling joyful holiday and a new year filled with good again noted, “the green leaves and red berries of the holly works and good will. tree remind[ing] squire and peasant alike that hope could flower, even in the depths of winter.” The great paradox of the holiday season is the light, (Zygmont Pines is the Court Administrator of Pennsylvania.) a source of both joy and inspiration. Ancient Romans

(continued from cover) filling judicial vacancies and/or creating new judgeships. It also will give the Supreme Court data to enable it to use senior judges more efficiently. Judicial districts can use the results to match their existing judicial resources as efficiently as possible. Studies of this sort are typically usable for five to eight years and can be updated annually with new caseload data. Funding for the project is being provided in part through a grant from the State Justice Institute.

Judicial Needs Assessment Committee Members: Judges AOPC Staff Mark Bernstein Philadelphia Amy Ceraso AOPC Judicial Automation Jeffrey Manning Allegheny Barb Holmes AOPC Judicial Automation Thomas DelRicci Montgomery Kim Nieves AOPC Research & Statistics Tina Polachek Gartley Luzerne Laurie Sacerdote AOPC Research & Statistics Todd Hoover Dauphin Amy Kehner AOPC Judicial Programs Margherita Patti Worthington Monroe Joe Mittleman AOPC Judicial Programs Dudley Anderson Lycoming John Cascio Somerset John Foradora Jefferson Michael Sholley Snyder/Union (Joe Mittleman is Director Nathaniel Nichols Delaware of Judicial Programs.) 3 Scottish links A Pennsylvania judge observes similarities and differences to the US court system during a visit to the United Kingdom by Judge Richard A. Masson

My wife, Marti, and I were on vacation in Edinburgh, Scotland, in September during the city’s Doors Open Days — a yearly event that provides free access to buildings that are normally not open to the public. Parliament Hall

It gave us an opportunity for a behind-the- Evidence is presented and closing arguments are given, scenes look at several court- and city-related then the jury deliberates whether to find the defendant offices. guilty, not guilty, or not proven — meaning the jurors Court administration staff were happy to talk believe the defendant may be guilty but are not convinced about their work and the Scottish court system, beyond a reasonable doubt. particularly when they learned I was a judge. The High Court of the Justiciary, composed of 34 judges, Interacting with them was a highlight of our trip. is also the appeals court. A new three-judge panel assigned Marti and I learned much about the Scottish from the pool of judges hears the appeals from the trial justice system. court level. After the police file charges, the procurator fiscal High Court judges also travel throughout Scotland to — the public prosecutor in Scotland — determines preside in other cities, traveling with a clerk and a macer, if enough evidence exists to take a case to court who carries a mace to each court. I found it interesting that and where a case will proceed: either in the the judges travel from court to court, as I do between Elk sheriff’s court, where sentences of less than six and Cameron counties, but their circuit encompasses the years can be handed down by the sheriff, who is whole of Scotland. a judge, or in the High Court of Justiciary, where longer sentences can be imposed by a panel of While not all larger communities have a High Court, most three judges, who are addressed as lords. towns have a sheriff’s court and/or justice of the peace court. Once the determination is made that the case will proceed to trial a jury must be selected. Summonses Interestingly, there are no dependency courts. Local are sent to 60 people, and after the usual excusals and children’s committees will intervene in dependency matters, deferments, 30 names are placed in a glass bowl. Fifteen listening to family members, social workers and educators names are pulled from the bowl and those individuals are before recommending a plan to address the issue. seated as the jurors. There is no voir dire; conflicts between Many of the same problems courts see in the US are jurors and the defendant are raised on appeal. There also evident in Scotland. Drugs, alcohol and mental health are no alternate jurors, so if a juror cannot continue on the issues contribute to criminal behavior, and treatment is panel during the course of the trial, the trial is cancelled sometimes hard to come by. and another panel is selected for a later date. Domestic violence is handled through the criminal court. Before the start of a trial, the mace, an ornate gold or If, as a result of their investigation, the police file criminal silver staff representing the Queen’s authority, is brought charges for domestic violence, the police also establish the into the courtroom by the macer and displayed behind the initial bail/no contact. However, if a victim does not contact bench. The macer, also a court official, then opens court the police, s/he does not receive any type of protection by loudly announcing, “Court,” and the three-judge panel order. When told of Pennsylvania’s civil PFA laws, victim is seated, each dressed in red robes with cream mantles services personnel wished a similar remedy was available and short wigs. (Red mantles are worn for civil matters.) The in Scotland because most victims do not want to advocates are dressed in black robes and wigs, with the contact law enforcement for help. senior advocates also wearing the required blue and white (Judge Richard A. Masson is President Judge of Elk striped shirts with white-winged collars. and Cameron counties. His wife, Martha Masson, is district court administrator.) 4 About AOPConnected “Dash”ing through court data Published quarterly A new way of displaying court statistics provides Managing Editor Art Heinz quick comparisons among Pennsylvania counties. Copy Editor It also can be used to guide court operations. Gina L. Earle

A new feature soon will debut on the Pennsylvania judiciary’s website to Executive Editor make it quicker and easier for everyone to see how the state court system is Jim Koval doing. Contributors Multiple dashboards — or interactive online displays of court data — Amy Kelchner are being developed by the AOPC’s Research and Statistics and Judicial Steve Schell Automation departments to provide timely information in a visually engaging Gina L. Earle way. Though the information has long been available online, the dashboards Rhonda Hocker that are going up present the court statistics in a way so that they are easier to find and understand. Graphic Design Gretchen Hallman The judiciary will join other government entities that have online dashboards — including the governor’s budget office and various state agencies. Publishers Dashboards are now a standard analytic Tom Darr online tool for regularly reporting on and Andrea B. Tuominen evaluating performance. (Photos by Jeff Lyons, Dashboard (n) - Philadelphia Bar Association) Kim Nieves, AOPC director of research Court Administrator of PA an interactive way to and statistics, with assistance from Zygmont A. Pines Kimberly Cataldo and Laurie Sacerdote, present and interpret All content is collected, written research analysts, are developing and edited by the AOPC dashboards displaying civil case data. Communications Office statistics at a glance Kelly McClain, a lead systems analyst unless noted. in judicial automation, is developing You may reach the office dashboards for criminal case data. by calling: (717) 231-3300 The dashboards will include: the top 10 counties with the highest rates of or by emailing: repeat juvenile offenders; the most common types of civil cases in any county [email protected] statewide and the most frequent way they are resolved; areas with the fewest For more information about number of mortgage foreclosure cases; and counties with the most civil cases Pennsylvania’s courts, visit the UJS that are two years old or more. website at: www.pacourts.us A medical malpractice dashboard will chart the steady spiraling of case filings Twitter feed for general court over the last decade and include an interactive map showing areas with the information is: @PACourts most and fewest number of verdicts for plaintiffs. Supreme Court of Pennsylvania A protection from abuse (PFA) dashboard will display how often a county approves or denies a temporary restraining order and what counties have Ronald D. Castille the most or fewest number of requests for such orders filed. It is being built Chief Justice of Pennsylvania with input from the Pennsylvania Coalition Against Domestic Violence and the Pennsylvania Commission on Crime and Delinquency Victim Advocates office to Thomas G. Saylor help identify key performance measures for professionals in the field. Justice Judges, court staff and others are expected to use the dashboards to make J. Michael Eakin more informed decisions about their operations. Average caseload size and Justice age for different classes of counties, for instance, allow judicial districts to assess whether their statistics are typical or atypical. Also, medical malpractice Max Baer and mortgage foreclosure data historically have been topics of high interest to Justice the media, state legislature and advocacy groups. Debra M. Todd Justice The dashboards will appear on the Research and Statistics page of the website: http://www.pacourts.us/news-and-statistics/research-and-statistics Seamus P. McCaffery Justice

Correale F. Stevens Justice 5 (L to R:) Kelly McClain, Barb Holmes and Steve Crouse AOPC staff head workshops at national conference Annual event draws more than 1,200 for three days of educational sessions and exhibits about how technology can help court operations

Four AOPC staffers shared Pennsylvania’s judicial the level of professionalism and expertise in Pennsylvania’s automation successes with the rest of the country at court automation.” the National Center for State Courts’ Court Technology Ceraso has been automation director since 2000 and Conference 2013 in Baltimore. oversees technological support for the court system. She The annual event, which draws judges, court previously was the deputy prothonotary for the Western administrators, technology experts and others for three District of the Supreme Court of Pennsylvania, a staff days of professional development, education and attorney to the Judicial Automation Department and law networking. This year’s program covered six themes: clerk to former Justice Stephen A. Zappala. self-represented litigants, court technology use by judicial Barb Holmes, a design architect in the AOPC’s Judicial officials, managing court information technology, video- Automation Department, and Steven Crouse, a systems remote interpretation, court technology benefits and new analyst, jointly presented a panel on using software to case management systems. rapidly develop court applications. Kelly McClain, lead Amy Ceraso, the AOPC’s director of Judicial Automation, systems analyst, gave a presentation on the use of software helped recruit presenters for six conference sessions and to display data that measures court performance, in a co-hosted one of her own, “Case Management Systems digital display format commonly known as a “dashboard.” and Data Management Systems: What’s the Big Idea?” Holmes manages analysts and database staff for “Those attending the conference found the discussion statewide court case management systems and is the of new programs, and approaches to operational problems, recipient of the first Court Technology Innovation Award helpful in finding solutions to the challenges we face every from the Court Information Technology Officers Consortium day,” Ceraso said. “To have this type of representation at (CITOC). She also is a member of the Global Justice and such a well-regarded national conference is a testament to CITOC Standards committees. Crouse has been the lead analyst for the courts’ electronic filing system, known as PACFile. He also is the lead analyst for the courts’ nationally recognized interpreters software application and the Call Manager Project—a replacement for courts’ call-tracking system. McClain supervises teams designing and supporting electronic content management, online payments and statistical reporting. He also has been involved in a public access project focused on providing court data to the public and governmental entities.

Photo stream from NCSC: photo by the National Center for State Courts http://www.flickr.com/photos/statecourts 6 (L to R:) Isabelle Wozniak, Jeanne Rensberger, Jordan Lane, Amy Vaccaro Making Scents A growing community of state workers are doing something about their surroundings

Few people stop to smell the roses along a busy “We just wanted to make it look beautiful,” said walkway in downtown Harrisburg. But no one would blame Rensberger, who helped coordinate the activity that began Pennsylvania Judicial Center employees and visitors if they in the spring and ran through early summer. did. The Adopt-A-Bed program is being enlisted through Thanks to state court system staffers, a small area of donations and volunteer labor in the capital city under an otherwise cavernous concrete the auspices of the state Department pedestrian plaza between the judicial of General Services to enhance center and the state Department the appearances of approaches to of Health and Welfare Building was government buildings. Last year, transformed into an oasis of plants and employees from the state Department flowers. of Labor and Industry reworked 18 beds The five women — four from the and planters at Forster and Seventh Superior Court of Pennsylvania and streets, where trees had been cut down one from the Interest on Lawyers Trust or died, with assorted flower gardens. Account (IOLTA) — volunteered their The AOPC’s Administrative Services time, money and resources to create Department began soliciting interest in a more pleasing environment for the such a project for the PJC in the fall 2012. hundreds of people using the plaza on a A spirited group of volunteers quickly daily basis. emerged from folks who saw the work Jeanne Rensberger, Amy Vaccaro, as an extension of their home gardening. Jordan Lane and Mary Graybill from the Superior Court The planter areas were small enough so as to not be and Isabelle Wozniak, of IOLTA used their own money and overwhelming, yet large enough to permit variety. volunteered their time to make it happen. They toiled in Compliments from passersby, and eye-catching blooms the soil before work, after work and on their lunch hours made the work rewarding. to landscape two flower bed areas as part of the PJC’s first “When everybody works together, no one person has to “Adopt-a-Bed” program. bear the burden,” Lane said.

7 Photos worth a thousand gestures

A judge’s reflections first mission trip in 2012, when she worked with crews that installed on work, worship and floors and stoves and assisted water in Guatemala in medical and eyeglass clinics. During that first trip, she also helped distribute nearly 4,000 pounds of Cambria County Judge Linda donated clothing and shoes to needy Fleming found an unusual way to help villagers. impoverished families in Guatemala. Crews also ran a Vacation Bible She took pictures. School for children under the auspices of Now-Is-The-Time, a faith- based organization that sponsored the mission. “Although I was physically exhausted from the travel and the long days, my spirit was renewed, and I returned home with a newfound appreciation for the blessings we all take for granted — clean water, an abundance of everything, even flushing toilets,” Judge Fleming said. “You perform mission When she volunteered for a work because you second trip, the judge was asked to be mission photographer. Although want to give, but you somewhat reluctant to take on what end up receiving more she thought was a relatively “cushy” assignment, she quickly learned love than you ever it required long hours and was important to the overall mission. imagined.” When she initially volunteered for Judge Fleming’s duties included a second mission trip to the Central documenting work projects at every evening worship. Then she uploaded American country, Judge Fleming stage of completion, photographing photographs to the Internet, allowing imagined a week of manual labor. each team member at work, and the volunteers’ families and friends to Instead, the jurist — who happens capturing the cultural experiences of view the week’s activities back in the to be an amateur photographer — Guatemala. States. was asked to document events and Each afternoon, she assembled people through her camera lens. When all was said and done, Judge her best photos into a slide show that Fleming had documented every It was quite a change from her was played for the missionaries after aspect of the mission experience and But her greatest takeaway came Judge Fleming’s photographs can be taken nearly 3,000 pictures. from the Guatemalan people, who viewed on YouTube at Now-Is-The- Despite the availability of software warmly welcomed the American Time: Santa Maria de Jesus. and other tech tools, the volume of volunteers into their community. She hopes to return in 2014. pictures and short period of time (Judge Fleming was elected in discouraged her from much editing. “You perform mission work because 2009 to the Court of Common The mission director’s notion that you want to give, but you end up Pleas and is Cambria County’s “done beats undone” was something receiving more love than you ever first female trial-court judge.) the judge said she uses today as a imagined,” she said. source of inspiration when faced with writing judicial opinions.

9 information technology manager, are the newly certified staffers. “This course has proven to be a good tool for our staff to upgrade their management, project and interpersonal skills as well as to expose them to activities going on in other government agencies,” said Amy Ceraso, AOPC automation director. “They’ve also had the opportunity to hear from IT leaders in various aspects of the industry.” The three are the latest of six staffers who’ve earned the nationally recognized professional certifications through a specialized program at Harrisburg University. Course work included lectures, interactive exercises, case studies and group discussion. Classes were held two days per week over a 10-month period. The employees (L to R:) Sonja Waters, Lisa Polonia, Jeffrey Dunlap continued work commitments and project responsibilities during the course period. Hard work pays off for AOPC “The program taught me to think on a broader scale and to be more cognitive about looking at the AOPC as automation employees a whole when working on projects, finding resolutions, Credentialing program upgrades technical and or making improvements,” Polonia said. “The way the people skills program integrated the learning aspects of the curriculum with a real life project proposal was a valuable and The Pennsylvania Judiciary continues to boost its ranks of rewarding experience.” certified technology managers to provide employees with the Each student was required to identify a business issue skills they need to better manage statewide court automation relevant to judicial automation and develop a plan to systems. address it using the core curriculum presented throughout Three AOPC Judicial Automation employees recently the program. Practical application of the course material joined the number of employees who have completed was invaluable, the staffers said. the Certified Government Chief Information Program at “This program gave me the tools to prepare for Harrisburg University of Science and Technology. managing the constant expanding and changing Jeffrey Dunlap, information technology services manager; infrastructure within AOPC,” Dunlap noted. Lisa Polonia, an information technology manager for the AOPC staffers Mark Rothermel, Damon Kline and Magisterial District Judge system and Sonja Waters, an Denise Aylward completed the program in 2012.

Stabile elected to Superior Court of Pennsylvania

Vic Stabile, a Harrisburg-area attorney, the appellate courts,” the Pennsylvania Bar Association was elected to the Superior Court of said in its pre-election recommendation for the court seat. Pennsylvania in what was the only “He is held in high regard by his peers, who have noted his statewide race on the November ballot. intellect, strong work ethic and integrity. He also serves as Judge-elect Stabile has worked at the a township supervisor and has an exemplary record of pro law firm of Dilworth Paxson since 1987 and bono and community service.” has been a partner since 1992. A resident Also in the November election, Chief Justice of of Cumberland County, he began his Pennsylvania Ronald D. Castille and Justice Max Baer were career as an appellate court clerk in Commonwealth Court retained by voters and will continue to serve on the state’s and also served in the attorney general’s office, litigating on highest court. Chief Justice Castille, who was first elected behalf of state agencies. to the Supreme Court in 1993, will remain chief justice until He served for more than 10 years as a Middlesex the end of 2014 when he reaches the mandatory retirement Township Supervisor and was a founding member of a age of 70. Justice Baer has been on the state’s highest regional planning task force. Judge-elect Stabile graduated court since 2004. from the State University of New York at Stony Brook, and On the Superior Court, Judge Susan Peikes Gantman Dickinson Law School in Carlisle in 1982. and Judge Jack A. Panella were retained. Both have served Judge-elect Stabile “has strong writing skills, on Superior Court since 2004. administrative ability and experience in handling cases in 10 A Namath guarantee: Judge James was one of the best Beaver County Senior Judge George James was among and as an assistant district attorney and assistant county five people inducted into the Circle of Achievement at solicitor. He became a senior judge in January 2008 after the Sports Museum at the reaching mandatory Carnegie Free Library of retirement age. Beaver Falls. This has been a special Judge James was year for the senior jurist. In recognized for the all-star March, he celebrated his recognition he achieved as 50th wedding anniversary a scholar-athlete at Beaver with his wife, Regina. Falls High School in football, During the same month, basketball and baseball. He he commemorated his accepted a full academic 50th year as a member scholarship to Westminster of the Pennsylvania Bar College where he played Association. football and baseball. Those in attendance Judge James, known to support Judge James affectionately as “Tookie” at this year’s Circle of by his classmates, later Achievement induction turned down offers to play (L to R): Joe Namath, Regina James and Judge George James ceremonies included Joe professional baseball to attend Namath, a former Beaver Dickinson School of Law. Falls High School quarterback who later achieved fame as a He was elected to the Beaver County Court of Common Super Bowl champion and screen star. Pleas in November 1999 following work in private practice

Public access to records in trial and appellate courts By Andrea B. Tuominen “All courts shall be open; and every man for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law, and right and justice administered without sale, denial or delay .…”

The principle that our courts shall be open dates back as practical, administrative ramifications when drafting its to the Declaration of Rights contained in the Pennsylvania proposal. Constitution of 1790. It has been interpreted in case law to Long removed are we from the days when court secure a general right of public access to court proceedings proceedings were held in taverns or at the town square. and records — but it is not an unfettered right. The judiciary’s caseloads have geometrically grown, along It is, however, this presumption of openness that underlies with Pennsylvania’s population. Today e-initiatives and the the Supreme Court’s public access policies. Over the last 24/7 expectation of access in our world certainly heightens decade, the AOPC has worked to develop policies governing the tension between openness, privacy and efficient access to court records. With the Supreme Court’s approval, administration. it has implemented statewide protocols for access to To accomplish its charge, the working group is assessing: electronic case records in the statewide case management the applicable statutes, rules and other legal authorities that systems (2007); magisterial district court case records (1994, impact accessibility of certain court records; established last amended in 2010) and financial records maintained by access procedures and best practices, within and outside of the judiciary (2007, last amended in 2012). Pennsylvania; what type of sensitive data are contained in An e-filing project for the appellate courts, along with trial and appellate court records; what sensitive data should similar endeavors in some of the judicial districts, prompted or must be restricted — by what method and by whom; the recent formation of a working group to develop a and what practical and ethical concerns may arise for court proposed policy on access to the case records of the trial personnel, lawyers and parties in a case, with regard to and appellate courts. Co-chaired by Commonwealth Court sensitive data. Judge Renée Cohn Jubelirer and Montgomery County The members of the working group have already met Common Pleas Court Judge Lois E. Murphy, the working several times to tackle these complex issues. In the coming group is composed of a diverse group of individuals including year it is anticipated that a proposal will be published for judges, state-level and local court personnel, attorneys and public comment, consistent with the judiciary’s AOPC staff. past practice on this topic. The working group will consider the constitutional presumption of openness of trial and appellate court records and issues related to personal privacy and security as well (Andrea Tuominen is the Assistant Court Administrator of Pennsylvania.) 11 Confidential help for judges in distress Impaired lawyers and judges aided by statewide assistance program

A program that has helped lawyers laying the groundwork for a group “I was in a position to do something and their families battle ills like drug exclusively devoted to those on the about it,” he said, crediting Justices and alcohol abuse is expanding bench: Judges Concerned for Judges J. Michael Eakin and Max Baer with its reach by offering similar aid (JCJ). The judge had been moved strong support for the idea. specifically tailored for judges. to action because of his familiarity Here’s how it works: judges can call Lawyers Concerned for Lawyers with the work of LCL in Montgomery a confidential hotline with questions (LCL) has gotten plenty of notice in County. or seek online advice from the newly the legal ranks since the non-profit created JCJ website. Judges can group’s creation in January 1988, simply get information and referrals, by helping Pennsylvania attorneys “If we save one or direct conversation with a trained deal with substance abuse, stress, colleague if desired. depression and other troubles. life with this, if Kenneth Hagreen, executive By providing a menu of support director of LCL/JCJ, is putting whose key tools are an informational we save just one word out about the aid programs website and statewide confidential at conferences for trial judges and hotline, the organization has helped career with this, magisterial district judges. In addition an estimated 6,000 people during the to the conferences, word-of-mouth last 25 years. if we’ve saved has accelerated interest. Use of the Despite the successes one pool of JCJ helpline has increased over the participants was noticeably absent: one client from previous year, Hagreen noted. judges. Proponents are anxious to build on Troubled jurists were reluctant to getting a bad the momentum and encourage those seek help from the ranks of lawyers needing help to call. who may come before them to try result — we’ve “If we save one life with this, if we cases. Although the program is save just one career with this, if we’ve confidential, the fear among jurists succeeded.” saved one client from getting a bad had been that word or suspicion of result — we’ve succeeded,” Judge impairment might taint impressions of — Judge Thomas DelRicci DelRicci concluded. their ability to make sound decisions. “No judge is ever going to call a For more information contact Kenneth While serving as president of lawyers’ group and ‘out’ himself,” J. Hagreen, Esq., LCL/JCJ Executive the Conference of State Trial Court Montgomery County Judge Thomas Director at 800-335-2572 or ken@ Judges, Judge DelRicci spearheaded DelRicci said. “It‘s just not going to lclpa.org. Call the Judges Confidential the development of a plan for such a happen.” Helpline (888) 999-9706 or visit the group to the Supreme Court, which It was Judge DelRicci who first JCJ website at: www.jcjpa.org approved the concept in May 2012. took steps to help bridge that gap by

12 which had experience with creating just the sort of Philadelphia courts database the judges were seeking. Dr. Arthur Evans, commissioner of the Philadelphia Department of Behavioral take creative steps to Health and Intellectual Disability Services, had a similar database for mental health resources and allowed the court promote public safety to use the database’s existing platform. The site was originally envisioned as a resource for case and curb recidivism managers and social service providers, but has shown New program boosts efforts to itself to be valuable for former inmates and their families as well. It contains a wide variety of information, from contacts prepare inmates and families for to social services organizations, to a place for inmates to their return to society. Supporters keep private health records, from information about the say the trail-blazing successes can justice system, to ways to become involved with legislative advocacy on issues that affect former inmates, and from be duplicated elsewhere. educational information, to forums and blogs. Judges Lisa Rau and Michael Erdos have been working A desire to help inmates re-entering society has led to on a mentoring program for returning inmates and have the development of a first-of-its-kind program in the First expressed interest in the site, and it has been suggested Judicial District. that it might be used by probation officers for monitoring The program, accessible via the Internet, gathers into probationers and parolees. one place a plethora of information to give ex-inmates The site is hosted by the Department of Behavioral the resources they need to succeed upon release. The Health and Intellectual Disability Services and partly program is the brainchild of Common Pleas Court Judge managed by the Pennsylvania Prison Society. Information Ramy Djerassi, President Judge Sheila Woods-Skipper comes from the prison society, the Philadelphia Adult (former criminal division supervising judge) and Judges Probation and Parole Department and the U.S. District Daniel Anders, Denis Cohen, Ellen Ceisler and Linda Court for the Eastern District of Pennsylvania’s re-entry Carpenter. court. Hoping to create a bench book of referral services, “The site has received good feedback thus far,” Judge Judge Djerassi had court interns research re-entry sources. Djerassi said. With help from the Pennsylvania Prison Society, the interns discovered that a number of organizations had already Because all 67 counties have the same mental health developed such resources, but that no one had thought to resources database as Philadelphia, developing similar bring them together in one place. programs in other districts would not be difficult, mainly involving a commitment of time to assure that the resource The judges ultimately realized that because providers information is kept up to date. and requirements for various programs change often, keeping a bench book up to date would be difficult. A website made more sense. For more information visit Staff learned of a company, Trilogy Integrated Resources, http://philadelphia.pa.networkofcare.org/

2013-2014 State Trial Court Officers Monroe County President Judge Margherita Patti-Worthington (center) is serving as president of the Pennsylvania Conference of Trial Court Judges following her election to the post during the organization’s summer conference in Hershey. Others pictured left to right: Lycoming County Judge Dudley N. Anderson, immediate past president; Delaware County Judge George A. Pagano, secretary; Northampton County President Judge Stephen G. Baratta, president-elect; Judge Worthington; Allegheny County Administrative Judge Kim Berkeley Clark, first vice president; Philadelphia Administrative Judge Kevin M. Dougherty, second vice president and Jefferson County President Judge John H. Foradora, treasurer. 13 Honors & Cosgrove to head AOPC legal department A veteran Luzerne County attorney has been named chief legal Dispatches counsel for the AOPC’s Legal Department, Court Administrator of Pennsylvania Zygmont A. Pines has announced. Supreme Joseph Cosgrove, who briefly served on the Luzerne County Court Justice bench, has more than 30 years of experience as a private J. Michael practitioner, public defender, conflict counsel and educator. He Eakin received succeeds A. Taylor Williams, who served as acting chief legal the inaugural counsel after Howard Holmes retired earlier this year. Holmes, a 25- Commonwealth year veteran of the legal department, had been chief legal counsel of Pennsylvania since 2000. Williams is AOPC’s chief of litigation. Pro Bono Service “I am confident that Joe’s experience and expertise will benefit the Provider AOPC and judiciary immensely,” Pines said. “I also want to take this Award from opportunity to acknowledge the superior and dedicated efforts by the Widener Taylor during this time of transition.” School of Law. Cosgrove is a graduate of the University of Notre Dame Law School. He received Widener a master's degree in theology from Notre Dame, and a master of arts degree from introduced Marywood University in Scranton. He also has been an adjunct faculty member at the new award to honor members of the King’s College in Wilkes-Barre for more than 20 years. He also has served on the ethics Pennsylvania legal community, as part of committee at Misericordia University near Scranton. a National Pro Bono Week observation. Cosgrove served as a judge of the Luzerne County Court of Common Pleas, an interim Justice Eakin’s honor recognized his appointment he accepted from former Gov. Ed Rendell. He replaced former Judge Mark work to create pro bono opportunities for Ciavarella. Widener students. Law students at the In addition to providing general counsel to the Supreme Court and the AOPC, the Legal awards ceremony shared their recent pro Department supports nearly 2,000 jurists and staff of Pennsylvania’s Unified Judicial bono experiences with Justice Eakin. System, primarily in the areas of litigation and transactional law. The university also gave an inaugural Pro Bono Recognition Award to Sandra Ballard, Esq., pro bono/public services coordinator for the Dauphin County Bar Northampton County Judge Edward G. some of these seniors will need help with Association. Smith was nominated by President Barack their affairs as they age.” Obama to a judgeship on a federal district Two nationally certified local guardians “I hope Sandra Ballard and Justice Eakin court. serve as an inspiration to fellow members will work with court staff, Judge Blackwell of the bar,” Law Dean Linda L. Ammons Judge Smith has served on the county and an advisory panel composed primarily said. “They are examples of what is court since January 2002 and was elected of local attorneys and officials with possible when attorneys put the words to a second 10-year term in November the county aging office in developing ‘and justice for all’ into action.” 2011. The president tapped him to serve the program. Under the program local on the U.S. District Court for Eastern attorneys, at no cost, monitor local *** Pennsylvania. He must be confirmed guardianships to protect against fraud and by the U.S. Senate before he can begin other forms of financial malfeasance. serving on the federal bench. *** Judge Smith earned a bachelor’s degree Philadelphia from Franklin and Marshall College and a Judge Frederica law degree from Dickinson Law School. Massiah-Jackson A Navy veteran of the Iraq war, where was presented with he served a seven-month combat tour the 2013 University in 2007, Judge Smith is a commanding of Pennsylvania officer of the Naval Reserve Naval Justice Law School Alumni School. Supreme Court Justice Max Baer joined Award of Merit. other jurists and community leaders in *** The award is speaking before a Pennsylvania Senate A new program under development by presented each Judiciary Committee public hearing on the York County Court of Common Pleas year to a Penn Law “Civil Legal Representation of the Indigent: will be used as a statewide model to help graduate who has Have We Achieved Equal Access to educate individuals and organizations on shown significant achievement throughout Justice?” at the Allegheny County Bar the duties and rights of legal guardians. a career coupled with outstanding service Association in Pittsburgh. Guardians are responsible for the care to the law school. She was presented with Others making presentations included and property interests of incapacitated the honor at an alumni awards ceremony Westmoreland County President Judge individuals. The goal of the new training and reception held at the law school in Gary Caruso and Allegheny County Judge program is to help prepare both York Philadelphia. Kathryn Hens-Greco. County and Pennsylvania to accommodate Judge Massiah-Jackson was elected in Sponsors said the hearing was designed the projected growth in guardians. 1983 to the Common Pleas Court where to promote awareness of the need “The Pennsylvania Data Center projects she presides over medical malpractice for civil legal services by low-income that York County will be home to nearly and products liability cases, commercial Pennsylvanians confronting legal 98,000 seniors by 2015,” York County litigation and personal injury matters. problems. Judge Penny Blackwell said. “We have an She served as president judge of the obligation in York County and throughout First Judicial District from 2001 to 2006, *** overseeing its $110 million budget, 250 14 Pennsylvania to prepare for the fact that employees and more than 130 judges. *** than 30 years of As president judge she coordinated The First Judicial District hosted the 2013 experience in the employee appreciation events, increased National Conference of Metropolitan judicial system. pay for court-appointed counsel, opened Courts. The conference, which attracted She practiced law an information center and promoted top court leaders from around the country, for 15 years with race and gender fairness within the court addressed challenges facing urban Neighborhood system. courts. Participants shared management Legal Services, *** strategies and discussed problem-solving the Pennsylvania skills. Human Relations Commission and the Former Philadelphia President Judge Allegheny County Pamela Pryor Dembe and District solicitor’s office prior Court Administrator Joseph Evers to serving as a judge. helped develop the program, which commemorated the conference’s 50 years She served 17 years as a trial judge in of service. Allegheny County prior to her election to Superior Court in 2007. In 2002, Gov. A special session was held on ways Mark Schweiker appointed her to the to secure grants for pilot projects and Pennsylvania Supreme Court’s Juvenile experimental changes. Another session Court Judges Commission. focused on how to nurture leadership Erie County Judge Stephanie Domitrovich skills and recruit productive and capable Judge Allen has received numerous was honored by the Women’s Care Center employees in the midst of a lackluster awards for her efforts on behalf of children of Erie County Inc. for her contribution economy. and families, including the Juvenile to family-related matters over the last 20 Court Judge’s Commission Award, the years. The organization is committed to Pennsylvania Commission for Women’s enhancing the administration of justice History Month Award, and the Allegheny The center, which serves parts of western in metropolitan courts by strengthening New York and northeastern Ohio in County Bar Association’s Juvenile Justice leadership, modernizing court processes, Award. She was the keynote speaker for addition to northwestern Pennsylvania, technology and facilities, streamlining recognized the judge at the group’s Penn State’s 2013 Law and Education Day, performance and promoting trial court hosted by the Dickinson School of Law annual banquet “in gratitude and sincere innovation. appreciation for presiding over birth and the College of Education. parent and adoptive family hearings with *** *** integrity, wisdom and compassion.” The The AOPC’s Judicial Programs, Judicial Joseph D. Seletyn, organization also lauded the judge’s Security, Communications and Audio- Esq., was appointed dedication and commitment to making the Video departments collaborated on a prothonotary of the courtroom a welcome place for all of the multimedia project to help largely rural Superior Court of participants at adoption hearings. judicial districts deal with high-profile Pennsylvania by Judge Domitrovich was elected to the cases. President Judge Erie Court of Common Pleas in 1989 and The result was an hour-long video, and John T. Bender. retained twice by voters to additional corresponding PowerPoint presentation A native of terms. She is a former president of the and discussion, given at several county Lackawanna Pennsylvania Conference of State Trial court security committee workshops by County, Seletyn Judges and a former secretary of the Kyle Ramberger, AOPC judicial security earned degrees at National Conference of State Trial Judges. specialist and James Hazen, judicial the University of *** security advisor. Scranton and the Duquesne University Patricia Miles, counsel to the Domestic In the video Centre County President School of Law. He has interned for the Relations Procedural Rules Committee, Judge Thomas Kistler and McKean district attorney of Allegheny County was awarded the 2014 Domestic Relations County Senior Judge John Cleland both and clerked for Allegheny County Judge Association of Pennsylvania’s (DRAP) discussed the impact the Sandusky case Livingstone M. Johnson. Seletyn began President’s Award. played on court operations. Maxine his career in the Superior Court in 1998 Ishler, county district court administrator, as a judicial law clerk, and later serving, The award, presented at the group’s discussed the impact of the case both as chief judicial clerk for Judge Justin M. annual training conference in Harrisburg, on the selection of jurors and on other Johnson. is given to an individual who has made unrelated court business. Jim Koval, Following Judge Johnson’s retirement, significant contributions to DRAP and AOPC communications manager and Pennsylvania’s Child Support Enforcement Seletyn continued with Judge Bender Steve Schell, an AOPC communications as chief judicial clerk, and later became program. DRAP is a nonprofit statewide coordinator, talked about managing corporation of more than 1,400 child administrative assistant to the president trial media. The video was produced by judge. support professionals dedicated to Richard Pierce, an AOPC judicial programs improving child support services in administrator, and Leo Perrong, an AOPC He also serves as an ex officio member of Pennsylvania. AV technician. the Supreme Court’s Appellate Procedural Rules Committee, and as a voting member “Ms. Miles has given countless hours of *** time and energy at the annual conference of the AOPC’s Public Access Working over many years, providing the Superior Court Judge Cheryl Lynn Allen Group, and the E-Filing Implementation membership with Rules of Civil Procedure was among 22 Penn State alumni honored Committee. Seletyn is a member of the updates concerning child support,” said for their professional accomplishments Allegheny County and Philadelphia Bar Ann Marie Oldani, DRAP president. “She and given the lifelong title of Alumni associations and currently resides in has been a dedicated supporter of DRAP Fellow, the highest award given by the Pittsburgh. through her presentations, knowledge and Penn State Alumni Association. helpful guidance.” Judge Allen has served on the Superior Court bench for six years and has more 15 601 Commonwealth Avenue

Harrisburg, PA 17120

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services solicitor. solicitor. services handling high-profile cases. Elizabeth Elizabeth cases. high-profile handling

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