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Philadelphia ® The Monthly Newspaper of the Philadelphia Bar Association Vol. 43, No. 6 June 2014 Access to Justice Panel Urged for Pa. n By Joseph A. Sullivan The creation of a first-ever Access to Justice Commission to serve as a vehicle for studying and implementing measures to expand access to justice in the com- monwealth is among the key recommen- dations released by the Pennsylvania Civil Legal Justice Coalition. Photo by Jeff Lyons There are a staggering number of unrep- Mother Bethel A.M.E. Church Pastor Rev. Mark Tyler (from left), Barristers’ Association President Amber Racine, Chancel- lor William P. Fedullo and The Philadelphia Inquirer Editorial Page Editor Harold Jackson at the May 2 Brown v. Board of resented low-income litigants in civil legal Education 60th anniversary event. matters, and that lack of representation by lawyers adversely impacts the quality of justice for everyone in the Pennsylvania 60 Years After Brown, Education Gaps Remain continued on page 14 n By Jeff Lyons school, I never heard them say it,” said who criticized the lack of state funding Jackson, the keynote speaker at the May provided to The School District of Phila- Five years after the historic BROWN 2 program “Remembering the Legacy: delphia. A 16-minute video, featuring v. Board of Education ruling, Philadelphia Brown v. Board of Education 60 Years Philadelphia attorneys and judges and Inquirer Editorial Page Editor Harold Later” at Mother Bethel A.M.E. Church. their recollections of the impact of the Jackson started first grade at an all-black The program was sponsored by the Brown decision on their lives, was also elementary school in Birmingham, Ala. Philadelphia Bar Association and the Bar- premiered. Those interviewed on the vid- “If my parents ever thought the Brown risters’ Association of Philadelphia. eo include Clarence D. “Clay” Armbris- decision meant my four brothers and The program also included remarks ter, president, Girard College; Nolan N. I might one day attend an integrated from former Gov. Edward G. Rendell, continued on page 18 Philadelphia Bar Association Annual Gold Sponsors Judges McKee, Moss Headline at June 9 Quarterly Luncheon In This Issue Judge Theodore A. McKee, chief on the Philadelphia Court of Common judge for the U.S. Court of Appeals Pleas, will receive the 2014 Sandra Day 4 Federal Bench-Bar for the Third Circuit, will deliver the O’Connor Award at the event. McKee Moss 5 Documenting City Judge A. Leon Higginbotham Jr. Judge Moss, now a distinguished Sandra Day O’Connor Award is conferred Memorial Public Interest Lecture at the neutral with Dispute Resolution Institute, annually on a woman attorney who 10 Bar Foundation Philadelphia Bar Association’s June 9 was the 2007 recipient of the Philadelphia has demonstrated superior legal talent, Quarterly Meeting and Luncheon. Judge Bar Association’s Justice William J. achieved significant legal accomplishments 13 35th Annual 5K Sandra Mazer Moss, a longtime judge Brennan Distinguished Jurist Award. The continued on page 19 BORGATA | ATLANTIC CITY REGISTER TODAY AT PHILABENCHBAR.COM SAVE THE DATE | OCTOBER 17-18, 2014 2 Philadelphia Bar Reporter June 2014 philadelphiabar.org Frontline Marriage Equality Ruling a Sweeping Editor-in-Chief Heather J. Austin, Esq. Endorsement of Equal Rights in Pa. Associate Editors Regina Parker, Esq. “We are a better people than what these I know we all spent By William P. Fedullo marry the person whom Thomas L. Bryan, Esq. laws represent, and it is time to discard them time discussing with they love. It is that simple Julia Swain, Esq. Angie Halim, Esq. into the ash heap of history.” other delegates from and that compelling. Mary-Kate Breslin, Esq. – U.S. District Court Judge John E. Jones other counties the need May 20 was something Benjamin F. Johns, Esq. III to pass this resolution of a magical day for the Annie Kelley, Esq. There is a well-known proverb and thankfully it did Philadelphia Bar Associa- James R. Nixon Jr., Esq. Lauren A. Strebel in the law – “the wheels of justice turn pass. tion and especially for our Amanda Dougherty, Esq. slowly, but grind exceedingly fine.” I was going to thank brothers and sisters in Elisa C. Advani, Esq. However, sometimes the opposite is those who spoke at that the LGBT community. true. Sometimes things happen quickly. recent Pennsylvania Bar When we found out about Advisory Editor Molly Peckman, Esq. When I began writing this month’s col- Association meeting Judge Jones’ ruling, we umn, the subject matter was to be mar- in Hershey, including issued a statement that Senior Managing Editor, riage equality in Pennsylvania. The plan past Pennsylvania Bar urged Gov. Corbett not to Publications was to advocate strongly on behalf of the President Bob Fiebach and our Board of appeal the decision, “so that those who Jeff Lyons Philadelphia Bar Association’s resolution Governors member Larry Felzer. Both have suffered from inequality under the Director of Communications that was passed unanimously in January spoke eloquently and forcefully about law can at long last enjoy the full protec- and Marketing 2014, supporting marriage equality, and the need to support marriage equality in tions that the Constitution guarantees. Meredith Z. Avakian-Hardaway to present all the compelling arguments Pennsylvania. To be sure, unlike in our We are finally joining our brother and Executive Director on behalf of marriage equality. delegation, there were some dissenters sister states of Delaware, New York and Mark A. Tarasiewicz You may remember that in my among some of the other delegations but New Jersey in recognizing the fundamen- inaugural speech in December 2013, I the resolution passed by overwhelming tal right to marry, so that lesbian and gay The Philadelphia Bar Reporter (ISSN 1098- 5352) is published monthly and available by referenced the fact that we were the first voice vote. couples and their families will rightfully subscription for $45 per year by the Philadel- bar association anywhere to form an Of course, the struggle to achieve receive the many legal and financial pro- phia Bar Association, 1101 Market St., 11th LGBT Rights Committee and one of marriage equality did not begin this year. tections afforded to heterosexual couples. floor, Philadelphia, PA 19107-2911. Periodicals postage paid at Philadelphia, PA POSTMASTER: the first to endorse marriage equality. We There have been many mothers and As the Pennsylvania Constitution pro- Send address changes to Philadelphia Bar Re- spoke about the fact that this is truly the fathers of this issue and they all deserve vides, all people have the right to pursue porter, c/o Philadelphia Bar Association, 1101 bar association of inclusion and that we our thanks and praise. My thought was to their own happiness.” Market St., 11th floor, Philadelphia, PA 19107- 2955. Telephone: (215) 238-6300. Association planned a Chancellor’s Forum to discuss salute them and to advocate for quick and Thankfully, a few hours later, Gov. Web site: philadelphiabar.org. Newspaper e- the landmark Windsor case. We noted decisive action. Corbett made a reasoned and principled mail address: [email protected]. The edi- torial and other views expressed in the Phila- that “justice is for all, or it is for none.” Thankfully, as we saw on May 20, decision not to appeal Judge Jones’ ruling delphia Bar Reporter are not necessarily those It was also my intention to note how the law sometimes acts quickly and despite his own misgivings about mar- of the Association, its officers or its members. proud I am of our Board of Governors sometimes the eloquence and the force riage equality. Advertising rates and information are available from Don Chalphin at American Lawyer Media, which in January passed that very strong of an argument by a brilliant jurist is so I think it is important to respect 1617 JFK Boulevard, Philadelphia, PA, 19103. resolution in favor of marriage equality. I all encompassing that all you can say is the feelings of those like Gov. Corbett Telephone: (215) 557-2359 or e-mail dchal- also wanted to thank the members of the “please read this opinion.” Judge Jones, and some of those in the Pennsylvania [email protected]). Page 1 skyline photo by Edward Savaria, Jr./PCVB Philadelphia delegation to the Pennsyl- by his opinion, has provided a sweeping delegation who for religious reasons had vania Bar Association for advocating on endorsement of marriage equality. His misgivings. But it is equally important to behalf of a very similar resolution before opinion recognizes the tide of history. reiterate that we belong to a country that the Pennsylvania Bar Association. Pennsylvanians now have the right to continued on page 21 Earn 8.5 CLE Credits at Oct. 17-18 Bench-Bar Tell Us A total of 8.5 continuing legal as the Court of Common Pleas and $379 for members and $229 for Young What You Think! education credits will be available at the Philadelphia Municipal Court. Program- Lawyers Division members, public inter- The Philadelphia Bar Reporter Philadelphia Bar Association’s Bench-Bar ming will be presented by the Criminal est and government attorneys. Registra- welcomes letters to the editors for & Annual Conference at Borgata in At- Justice Section, Family Law Section, State tion for non-members is $529. Early publication. Letters should be typed. lantic City, N.J. on Friday and Saturday, Civil Litigation Section, Public Interest bird registration is available until Friday, There is no word limit, but editors Oct. 17-18. Section, Real Property Section, Work- Sept. 19. Registration includes all CLE reserve the right to condense for The Bench-Bar & Annual Conference ers’ Compensation Section, Law Practice programing and all sponsored meals and clarity, style and space considerations.