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Bar Unveils Podcasts Bush to Be Judged on Iraq War ® 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.
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