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The Lawyers Journal | Vol. 9 | 2007

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The Lawyers Journal | Vol. 9 | 2007 VOL. 9 NO. 21 The Journal of the Allegheny County Bar Association OCTOBER 12, 2007 Cappy to resign at the end of 2007 By Lisa M. Wolfe resolve the most complicated disputes.” said Cappy. “Although I will After a mostly quiet tenure on the leave judicial service at the ennsylvania Supreme Court Supreme Court, Cappy was placed into end of this year, I will Chief Justice Ralph J. Cappy the spotlight during the controversy always remain committed Pannounced on September 11 that over the 2005 pay raise. Cappy, howev- to the principles of judicial he would resign at the end of the year er said that the pay raise issue did not independence and judicial after 18 years on the state’s highest cause him to leave the court prior to the excellence. As importantly, court. Cappy disclosed his early retire- expiration of his term in 2009. I will always treasure the ment in a public statement and in a let- “Let me be clear: The fact is that the honor of having worked ter to Gov. Ed Rendell, who must name controversy played no part in this deci- with so many fine col- a successor to fill out the last two years sion,” he said. leagues who devote them- of his term. The governor’s choice will Cappy did not back down on his selves to these principles.” face confirmation by the state Senate in assertion that fair and adequate pay for Gormley said that Cappy early 2008. state judges is needed. While “we can- has been a dominant force of Cappy has been a member of the not hope to have judicial salaries that the Pennsylvania Supreme judiciary for nearly 30 years. He was compete with the private sector,” he Court since he ascended to an Allegheny County Court of Common said, “we must have salaries high the bench. Pleas judge prior to taking his seat on enough to attract and retain outstand- “He has been a leader in the Pennsylvania Supreme Court. ing people as judges.” establishing a body of law “After years of an extremely busy Cappy is proud of the improvements relating to the Pennsylvania work schedule, I believe it is time to in the Supreme Court during his five Constitution,” said Gormley. go,” he said in his statement. years as chief justice. “In Commonwealth v. Cappy had a hip replaced in July, “We have modernized. We have Edmunds, Justice Cappy set and during his recovery he decided it developed new programs to better out a protocol for judges and was time to move on. serve the people who use the courts. lawyers to follow in analyz- “I had time for reflection. I realized We have worked to address the needs ing state Constitutional that … the time had come for me to of families, women and minorities in cases so that a lasting body pass on the torch,” Cappy said. “My the courts. We have improved court- of law would develop in that health is still good. But I want to spend house security,” he said. area. He succeeded in doing Hon. Ralph J. Cappy more time with my family and to pur- Cappy said he will continue to serve that and his cases are now sue personal interests.” on the University of Pittsburgh’s board widely cited by courts across the coun- the seven-member high court in 2008. ACBA President Ken Gormley believes of trustees and on the University of try as leading examples of state Consti- Along with the justice appointed by Ren- that Cappy will leave a lasting mark on Pittsburgh Medical Center board, but tutional jurisprudence at its best.” dell to fulfill the rest of Cappy’s term, two Western Pennsylvania’s legal community. he intends to cut back on any other Justice Ronald Castille, the justice new justices will be elected in November “Chief Justice Cappy has been a public commitments. with the second longest tenure on the to replace Justice Cynthia Baldwin and dominant force in the Pittsburgh legal “I am proud of Pennsylvania’s Uni- court, will take over the role of chief Justice James Fitzgerald. Baldwin and community for decades,” said Gormley, fied Judicial System and all that we justice beginning in January. Fitzgerald are currently filling the terms a professor of constitutional law at have accomplished within the courts,” There also will be other changes on of former Justices Nigro and Newman. ■ Duquesne University School of Law. “He left a real imprint as the public defender in Allegheny County and then he established a real presence on the Court of Common Pleas. He was known as the judge who could resolve the most impossible cases.” “Chief Justice Cappy had a knack for Christian Legal Aid Society bringing people together, zeroing in on the core issue and finding a way to joins Pro Bono Center Address Service Requested 15219-1818 PA Pittsburgh, 436 Seventh Avenue Building, 400 Koppers The Allegheny County Bar Association By Jason Green an attorney with Eckert Seamans role of pro bono coordinator, I have had Cherin & Mellott. The volunteers coun- requests for legal services that just he Christian Legal Aid Society sel clients, providing advice and refer- were not covered by any of the member (CLA), a legal clinic that helps rals on a variety of non-criminal issues, organizations/projects of the Pro Bono Tlow-income and indigent individ- including estates and trusts, landlord- Center or were not conveniently locat- uals with civil law issues, has joined tenant, protection from abuse and ed to offer assistance,” she said. “I the Allegheny County Bar Foundation’s bankruptcy matters. Christian Legal have referred numerous clients to the Pro Bono Center. Aid members do not regularly accom- clinics in Oakland and North Side.” “The advantage is that we will have pany clients to court, Langton said. Albert said she has also provided better training for volunteers,” said Langton hopes the clinic will be able mentors to attorneys who work at the Livia Langton, the society’s president to acquire private funding to hire a clinics on occasion. and clinic manager. “We’ll have a paralegal, and eventually, an attorney, “It just made sense to make CLA a broader pool to pull from.” to staff the clinic on a full-time basis. Pro Bono Center member so that we The clinic, which opened in January As a member of the Pro Bono Cen- can join forces to help expand legal 2004, is staffed by 20 attorneys and 30 ter, resources will be available to the services to the community,” she said. University of Pittsburgh and Duquesne CLA. The resources include assistance CLA also expands the volunteer University law school students who with recruiting attorneys, providing opportunities that the Pro Bono Center volunteer their time on a monthly or malpractice coverage to the volunteers can offer. quarterly basis. It is open from 6 to 9 and providing the CLA with access to “In the way of volunteering, we have p.m. four evenings per month—at the free legal research through the Pro also discovered that one size does not Church of the Ascension in Oakland on Bono Center’s LexisNexis grant. fit all,” Albert said. “This offers anoth- the first Thursday of the month and at Lorrie Albert, the Allegheny County er volunteer opportunity for ACBA the Allegheny Center Alliance Church Bar Foundation’s director and former lawyers who may be interested in serv- in the North Side on the second, third pro bono coordinator, said the CLA will ing in such a clinic setting.” and fourth Tuesdays of every month. be an asset to the Pro Bono Center Langton said CLA can also be an The clinic is operated by two attor- because it offers a convenient location asset, taking clients that other agen- Non-Profit Org. Non-Profit neys and three law student staff mem- to city residents. cies, like Neighborhood Legal Services, Pittsburgh, PA Pittsburgh, Permit #130 Permit U.S. Postage bers each night it is open, said Langton, “For as long as I have been in the Continued on page 10 PAID visit the acba website at www.acba.org PAGE 2 LAWYERSJ OURNAL OCTOBER 12, 2007 Legal Reports lawyers Satellite sites not always a Journal “single site” under WARN The Lawyers Journal is published fortnightly by the Allegheny County Bar Association 400 Koppers Building By Maria Greco Danaher On Jan. 1, 2003, NLL’s parent com- their work was not assigned at the 436 Seventh Avenue pany merged NLL with another sub- Billings location; or (3) the employees Pittsburgh, PA 15219-1818 he Worker Adjustment and sidiary, Par Electric, transferring 70 did not report to the Billings site. While Editor: 412-402-6623/[email protected] Retraining Notification (WARN) employees onto the Par payroll. Within any one of those alternatives would Advertising: 412-402-6686/[email protected] Act requires employers to pro- 90 days, 58 of those employees were have qualified the diverse NLL loca- Address Changes: 412-402-6614 T Fax: 412-261-6438 vide 60 days notice to employees in the laid off, without any advance notice to tions as a single site under WARN, the www.acba.org event of a plant closing or mass layoff the employees and without notice to the court found that none of the three crite- Circulation 6,694 involving 50 or more employees at a state. A group of former NLL employ- ria applied, and upheld summary judg- © Allegheny County Bar Association 2007 “single site of employment.” An ees sued both NLL and its parent com- ment in favor of the employer.
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