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April 2006 The Monthly Newspaper of the Philadelphia Bar Association Vol. 35, No. 4 Liasson: Bar Unveils Podcasts Bush to Be Judged on Iraq War
by Jeff Lyons
President Bush’s legacy will be deter- mined by the outcome of the war in Iraq, National Public Radio political cor- respondent Mara Liasson told members of the Association at the March 23 Quar- terly Meeting and Luncheon. The Association also honored Immed- iate-Past Chancellor Andrew A. Chirls at the event. Chancellor Alan M. Feldman lauded Chirls for his accomplishments during 2005, including his outreach to immigrant communities and his com- mitment to judicial independence. Feldman presented Chirls with a gold box, an exact replica of the one present- ed to Andrew Hamilton for his defense of John Peter Zenger in 1735. The box is presented annually to the immediate- past Chancellor and is in-scribed with the message “acquired not by money, but by character.” “In 2005, we tried to narrow the gaps Photo illustration by Kate Maxwell between our immigrant communities in Association Programs Available for Download Philadelphia and the legal system. We wanted justice to speak all languages,” by Mark A. Tarasiewicz er Programs, Chancellor’s Column, above categories and automatically continued on page 13 Member Benefits, Legislative Update, download the latest podcasts to your Members can now take the Phila- Hot Interviews with Very Cool People, MP3 player, such as an Apple iPod. delphia Bar Association “on the go” Career Corner and Law Practice You can now download the Bar In This Issue ... with the official April 1 launch of the Management. Together, they feature meeting you missed and listen to it Association’s comprehensive new more than 35 original podcasts pro- on your train ride home, or while 4 Guidance Available Podcast Center, offering a large audio duced by the Philadelphia Bar exercising at the gym or laying on 6 library of interviews, speeches, panel Association. Additional categories will the beach. You also can listen to int- Judge Staying Active discussions, Chancellor’s columns and be added in the future. erviews with the region’s top “movers 8 27th Charity Run more available for free download at Association podcasts can be lis- and shakers” in and outside of the philadelphiabar.org. tened to directly on your computer legal community, hear about the lat- 11 Law Week 2006 Eight podcast categories are avail- using your media player software, or est updates to your Association- able on the site: Major Events, Speak- you can “subscribe” to one of the continued on page 12 14 High-Profile Trials
KNIPES-COHEN COURT REPORTING Celebrating 40 Years of Service to the Legal 215-928-9300 Com umunity. ROBERT COHEN, PRESIDENT COURT REPORTING • VIDEOGRAPHY • VIDEOCONFERENCING 400 Market St., 11th Floor, Philadelphia, PA 19106 (P) 800-544-9800 • www.knipescohen.com • (F) 215-627-0555 PHILADELPHIA 2 APRIL 2006 / BAR REPORTER Dangerous Plan Would Make Criminal Files Public by Alan M. Feldman “Innocent until proven guilty.” FRONTLINE Arrest records can’t be used legitimately to make employment decisions. Perhaps no legal precept is better They can’t be introduced in a court of law as proof of a criminal history. known or more widely appreciated by the American people. This simple but And they have no place online as part of a person’s “criminal record.” powerful legal maxim, in four short words, describes our nation’s funda- mental legal philosophy: that until a accessible. Particularly in an age when is to falsely suggest that an innocent person’s guilt is proven by the state, anyone can create a Web site or post a person has a criminal record. Such that person must be considered an blog, access to sensitive personal infor- mistakes are all the less tolerable when innocent man or woman. mation can lead to unhappy conse- the misinformation will be published That’s why the Philadelphia Bar quences in the virtual world of the to the world and is easily accessible on Association was concerned when the Ginzburg), the ACLU (Larry Frankel), Web, where it’s hard to tell the differ- the internet. Administrative Office of Pennsylvania Pennsylvanians for Modern Courts ence between fact and fiction or gossip For these reasons, we ask that Int- Courts proposed to put all criminal (Shira Goodman), the Philadelphia Dis- and truth, and where the “author” of a ernet posting of criminal records (even court records on the Internet, with easy trict Attorney’s Office (Ron Eisenberg) post may be difficult to identify. those leading to conviction) not occur (and free) access for all. Our largest and others, and myself (representing Arrest records can’t be used legiti- until safeguards are in place to provide concerns about this plan were these: the Bar Association) were there in Har- mately to make employment decisions. for reasonable accuracy of the records, • The Internet records would in- risburg, before a panel chaired by re- They can’t be introduced in a court of and for a simple and expedient clude arrest records, even where there tired state Supreme Court Justice Ste- law as proof of a criminal history. And method to correct mistakes. was no subsequent criminal convic- phen Zappala, to submit written mate- they have no place online as part of a Correct attribution of crimi- tion. rials and offer testimony. To my knowl- person’s “criminal record.” Just as a nal records. Finally, and on a related • Although errors in criminal court edge, no other Bar Association partici- woman can’t be a little bit pregnant, so topic, if criminal court records are to records are a frequent occurrence, pated or commented on the proposal. we should not permit the implication be posted online, it is important that there were insufficient safeguards to Here are the positions we took, and that a person can be a little bit guilty. sufficient identifying information be assure accuracy of online records, and why: But this is what would happen if arrest continued on page 15 no procedure for correction of mistakes. Arrest records on the Inter- information, amounting to no more • It was too easy to misidentify the net. Is it wrong to allow the public to than a suspicion of guilt, can be dis- person to whom an internet criminal learn when someone has been charged covered by anyone. And the tarnished record belonged, since the only identi- with a crime? Of course not. Newspa- reputation that will be the likely result fying information was the person’s last pers and other media announce such is nearly impossible to change - even if name and year of birth. things all the time. But these are news or when criminal charges are quickly Editor-in-Chief In actuality, by the time we learned reports about alleged criminal activity dismissed or the person is acquitted. Molly Peckman, Esq. about this project, the AOPC had al- happening right now. The individual Stated simply, we should not permit ready posted criminal court records to rights concern is not impacted until the improper taint of criminality that Associate Editors Sunah Park, Esq. the Internet in almost all Pennsylvania later. If, as a result of subsequent ev- would arise from posting arrest records Lawrence S. Felzer, Esq. counties. Perhaps in part based upon ents, the charges are dropped, the case that never lead to conviction. Any Heather J. Holloway, Esq. our Association’s resolution in October is dismissed or the person charged other course is simply inconsistent Stacey Z. Jumper, Esq. of 2005 expressing the concerns des- with the crime is acquitted, is it fair to with our American tradition of justice. Asima Panigrahi, Esq. cribed above, the AOPC deferred post- maintain that person’s arrest record on Correction of errors. Studies Contributing Editor ing records to the Internet for Philadel- the Internet forever? Should that indi- have shown that criminal records are Richard Max Bockol, Esq. phia and Allegheny Counties. We were vidual, never convicted of a crime, be often inaccurate. Incorrect criminal his- also pleased to learn that the AOPC tainted with the suspicion of being a tories can disrupt the lives of law-abid- Advisory Editors was accepting public comment on its criminal for the rest of his or her life? ing citizens, and even create unreason- Bruce H. Bikin, Esq. proposal and would convene a public We say no. Citizens could lose (or able problems for the guilty. After all, it Merih O. Erhan, Esq. Marc W. Reuben, Esq. hearing on March 2. Along with Com- not be hired for) jobs, may be denied is just as wrong to record and publish munity Legal Services (thanks for your housing and can suffer other forms of that a person committed a crime other Director of New Media and Publications Mark A. Tarasiewicz leadership, Sharon Dietrich and Janet harassment if arrest records are easily than the one he was convicted of, as it Managing Editor Jeff Lyons
Chancellor’s Forum on Judicial Selection April 28 Copy Editor Kate Maxwell State Sen. Anthony Williams, who diverse bench for Philadelphia County in the upcoming weeks. represents Pennsylvania’s 8th District, through creation of (a) specified criteria The Chancellor’s Forum will be held Director of Public Affairs and External Communications will be among the and (b) a judicial selection committee in the 11th floor Conference Center of Beth Huffman panelists at the for potential judges for the Common Bar Association headquarters, 1101 Executive Director Association’s Chan- Pleas and municipal courts.” Market St. For more information, visit Kenneth Shear cellor’s Forum on Other panelists will be announced philadelphiabar.org. The Philadelphia Bar Reporter (ISSN 1098-5352) is Judicial Selection published monthly and available by subscription for on Friday, April 28 $45 per year by the Philadelphia Bar Association, 1101 Market St., 11th fl., Philadelphia, Pa. 19107-2911. from 12 to 2 p.m. Periodicals postage paid at Philadelphia, Pa. POST- Sen. Williams is Tell Us What You Think! MASTER: Send address changes to Philadelphia Bar The Philadelphia Bar Reporter welcomes letters to the editors for publication. Reporter, c/o Philadelphia Bar Association, 1101 one of the sponsors Market St., 11 fl., Philadelphia, Pa. 19107-2911. Williams Letters should be typed. There is no word limit, but editors reserve the right to Telephone: (215) 238-6300. Association Web site: of Senate Bill 100, www.philadelphiabar.org. Newspaper e-mail address: which would amend the Pennsylvania condense for clarity, style and space considerations. Letters must be signed to [email protected]. The editorial and other views verify authorship, but names will be withheld upon request. Letters may be expressed in the Philadelphia Bar Reporter are not nec- state Constitution to adopt a new judi- essarily those of the Association, its officers, or its cial selection system for Philadelphia. mailed, faxed or e-mailed to: Jeff Lyons, Managing Editor, Philadelphia Bar Reporter, members. Advertising rates and information are avail- Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107- able from Howard Hyatt at Media Two, 22 W. The bill would establish “a means to Pennsylvania Ave, Suite 305, Towson, Md., 21204. Telephone: (410) 902-5797. better ensure a strong, qualified, and 2911. Phone: (215) 238-6345. Fax: (215) 238-1267. E-mail: [email protected].
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PHILADELPHIA BAR REPORTER / APRIL 2006 3 Section/Committee Spotlight: Professional Guidance Answers to Ethics Questions Just a Phone Call Away by Jeff Lyons the phone calls. A caller may have an fact that they came to us in good faith issues, conflicts of interest. If you can ethics question but there may be and relied on it will certainly be taken think of it, over the past 18 years I’ve As staff counsel to the Association’s something that he or she is doing that into consideration,” he said. had a call about it. People avoid prob- Professional Guidance Committee, Paul puts him or her at risk for a malprac- “If someone calls the Disciplinary lems by asking what to do. That’s how J. Kazaras fields between 300 and 400 tice suit. That needs to be pointed out. Board to ask a question, the Board we all learn. I do worry about those phone calls a year from members look- The opinions are advisory only and refers them to us. That’s the best source who move ahead when they are not ing for advice about their own con- are not binding. “If someone depends of referrals,” he said. sure of the ethical issues involved. That duct. on our advice and the Disciplinary “Questions cover every conceivable isn’t good for them or for the profes- “People call and say ‘this is my situ- Board thinks that advice is wrong, the area — solicitation, advertising, fee sion,” Kazaras said. ation and this is what I’d like to do, is it ethical for me to do it?’ ” said Kazar- as, the Association’s assistant executive director. Kazaras said he gives informal guidance over the phone, but pointed There’s nothing like having the right that, “we also get requests for formal written opinions, which are the ones that are posted on the Web site and in Pennsylvania form … right at your fingertips. the Bar Reporter.” Kazaras tells all callers that their communications regarding guidance questions are strictly confi- dential. That way “callers are able to speak freely about their concerns.” When a request for a formal opin- ion is received, Kazaras assigns it to a member of the committee to research and present to the committee at its monthly meeting. “Once the issues are discussed and a consensus reached, a formal opinion is written and sent to the inquirer and that’s what gets pub- lished.” Before a formal guidance re- quest goes out to the committee, Kaz- aras redacts it so no personal informa- tion is revealed. When the committee offers a formal opinion, members don’t know to whom it is being rendered. “It’s completely anonymous,” he said. Under the direction of former Chancellor Abraham C. Reich, chair of the Committee in 1987 and 1988, the Committee’s operations were revamp- Find just the right form in a fraction of the time with new ed and for the first time guidance was LexisNexis® Pennsylvania Online Forms. rendered in a “hotline” format handled in-house. “At that time, in addition to the calls we received 30 to 40 requests Go Beyond Cases & Codes Talk about legal ease … now you can identify and retrieve just for written opinions a year. Starting in the right Pennsylvania form with just a few clicks of your mouse. 1988, new ethics rules took effect, and Manage Your Practice there was no body of formal opinions LexisNexis Pennsylvania Online Forms help you proceed on any topic. Over the years, as our Grow Your Practice with confidence knowing you have the most up-to-date form library of opinions has grown, people that fits most any point of law, factual situation or transaction. call or they look on the Web site and Comprehensive, current and court-proven, our online collection find an opinion that’s on point,” Kazar- of over 7,000 forms features key titles from the names you know as said. The committee has about 25 active and trust—Dunlap-Hanna Pennsylvania Forms, Bongiovanni’s members, including a federal judge. Featuring Pennsylvania Transaction Guide: Legal Forms and more. “It’s mostly private practitioners. On Dunlap-Hanna You can even use these time-saving forms as a starting point occasion we’ve had the involvement of Pennsylvania Forms those who work as in-house counsels for related online research. Link directly to on-point case law, as well. The members are a mix of authoritative analytical resources and indispensable practice large-firm lawyers, people from medi- guides from the model form you’ve selected. um-sized firms and sole practitioners. “On the phone, there’s a give and Find out how LexisNexis Pennsylvania Online Forms take in what is addressed because of can add a little legal ease to your online research. the nature of a personal call. A lot of Visit www.lexisnexis.com/paforms or call times I explain the differences between 877-810-5324 and mention code 203640. professionalism and ethics, because a lot of time the callers are asking about professionalism rather than ethical LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. matters,” Kazaras said. There also is a It’s How You Know is a trademark of LexisNexis, a division of Reed Elsevier Inc. Other products and services may be trademarks or registered trademarks of their respective companies. AL8610 lot of risk management that goes on in © 2005 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.
PHILADELPHIA 4 APRIL 2006 / BAR REPORTER Appellate Courts Committee Judge Rendell Urges Protection of Courts by Brian K. Sims by Republicans and Democrats alike to describe and debase judges at all lev- If you are an attorney in Pennsylva- els. nia, regardless of your politics or your As Judge Rendell pointed out, her practice area, U.S. Third Circuit Court court “decides cases, not issues,” and of Appeals Judge Marjorie O. Rendell the label “activist judge” is simply has a message for you: Protect the jud- unfair in the vast majority of rulings iciary. handed down from the bench. She Speaking to the Association’s Ap- points to the highly publicized Schiavo pellate Courts Committee on March 8, case that was touted by many in the Pennsylvania’s first lady asked all in media as the “Right to Die” case. attendance to be wary of sensational- While the issue may have been ism in the media surrounding judicial about an individual’s right to die, the decisions at all levels. actual case itself had little to do with Specifically, Judge Rendell pointed brain damage or feeding tubes, and to the effects that both the media and much more to do with legislative auth- partisan politics have had on the prac- ority and procedural fairness. This was tice and perception of U.S courts in a fact that seemed lost in the nation- recent years. Speaking from an extre- wide press coverage that focused on mely unique position as both a re- the issues in the state court case. nowned member of the judiciary as “Appellate courts decide about the well as the wife of Pennsylvania Gov. reasoning of the lower court’s decision, Edward G. Rendell, Judge Rendell has a not the result,” said Judge Rendell. “We vantage point unlike any other mem- Photo by Jeff Lyons don’t have a result in mind. If you do ber of the Third Circuit. have a result in mind, then you’re an “It’s somewhat frustrating to hear Judge Marjorie O. Rendell of the U.S. Third Circuit Court of Appeals urged Bar members to activist judge.” people talk about the appellate courts be diligent in defense of the bench. Judge Rendell likened appellate with a total lack of understanding of members of the judiciary by members duced in President Bush’s 2004 State of practice to “painting by numbers or what judges do, and how judges decide of the media and the political arena. the Union address, and which has painting within the lines.” She cases,” said Rendell, referring to the The “activist judge” label is a rela- quickly become a part of the political described the intricate maze by which “activist judge” label placed on many tively new moniker that was first intro- landscape. The term has been adopted continued on page 17
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PHILADELPHIA BAR REPORTER / APRIL 2006 5 the National Judicial College,toattract delphia forjudges,primarilyfundedby course, “Advanced Evidence,” inPhila- toholdaweeklong in mind,hehopes my andgrowth ofthecity. With that many thingstodofostertheecono- this city. thereare Hefirmlybelieves need fortheparticulardivision. should gettheeducationthatthey’ll education,” itishisopinionthatjudges family court.Asa“stickler forjudicial in especially andexperience, expertise – thosewhohave aninterest,acumen, judgesinthosedivisions gets thebest judges, hesaidwouldmakesure sions ofthecourt.Inhisdeployment of signs newjudgestothevarious divi- hesaid. come intoourcourtrooms,” assmartthoseofyou who ges tobe onusasjud- course. “Itisincumbent and travels thecountryteaching that cases fortheNational Judicial College Jones teaches how tohandlecapital public confidenceinthejudges.Judge diciary, which inturnfostershigher ju- dicial educationmakesforabetter ment tojudicialeducation.Hesaidju- hiscommit- said heisadamantabout onMarch 1,Judgetion Section Jones president judge. lines” duringhisfive-year termas he canremainactive “onthefront trialsso the courtsandconductbench hasvowed tositineveryII divisionof Pleas PresidentJudge C.DarnellJones by SunahPark New PresidentJudge Takes Active Role Section State CivilLitigation APRIL2006/BARREPORTER 6 In addition,heisstrongpromoterof As presidentjudge,Judge Jones as- In remarkstotheStateCivilLitiga- Philadelphia CourtofCommon INVOLVING ETHICAL ISSUES AND THE 2ULES OF 0ROFESSIONAL #ONDUCT 2EPRESENTATION CONSULTATION AND EXPERT TESTIMONY IN MATTERS &ORMER