September 2014
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the side bar Back issues from 2000 to the present and a THE NEWSLETTER OF THE comprehensive, searchable index are available WESTMORELAND BAR ASSOCIATION online at www.westbar.org/thesidebar . VOLUME XXVI, NUMBER 4 SEPTEMBER 2014 Reflections on the Career of The Hon. Alfred B. Bell Editor’s note: The Hon. Alfred B. Bell retired from the Court of Common Pleas of by Dante Bertani, Esq. Westmoreland County effective July 18, 2014, after fourteen years on the bench. have known Al Bell for forty by Henry Lee Moore, Esq. bench. However, few of you, if any, years, first as a defense attorney are familiar with the Al Bell I know I in the Public Defender’s t was December 2, 1990, when personally. Here are my thoughts. office for eight years from Al Bell, Sam Testa, and I met They say you can count the number March 25, 1974, until January I in Al’s basement for a political of true friends you have in life on one 4, 1982; then as a prosecuting meeting to begin organizing for the hand. How true. If that is the case, Assistant District Attorney 1991 judicial election. Little did I Al Bell would be my index finger. from 1982 until his election know then what I know Let me explain. to the bench in 1999. now—that it would take On the night my mother Al Bell has always been a three grueling election died, “my pal Al” and Mike “no nonsense” type of lawyer cycles, and ten years before Brajdich (current Chief of and judge, true to the tradition “my pal Al” would be the Westmoreland County of a long-ago TV personality, sworn in as a jurist on the Detective Bureau) were Dragnet ’s Sergeant Joe Friday, Westmoreland County the first two people at “Just the facts, ma’am, nothing Court of Common Pleas. my back door. They loved but the facts!” During those ten years, my mother dearly and she As a defense lawyer, Al was never have I met so many loved them. I can’t tell you hard working and diligent in wonderful people who truly love how much that still means to me to the preparation of his cases and his representation of his Al, Bonnie, and Brittany. Al’s wife, this very day 23 years later. Sadder clients in court. He did not Bonnie, is a county court reporter, still, Al’s mother had died one month complain about the caseload, and Brittany is their very beautiful earlier. It was an extremely stressful or the seriousness or difficulty daughter and the apple of her dad’s and difficult time. The recent election of the case (often the short eye. I have known Al for approximately loss only amplified the situation. The notice to prepare for hearings 30 years now and his devotion to his continued on page 20 or trial because of the family and his dedication to his job substantial caseload). He dug are attributes I only wish I had. SPECIAL REPORT in and did what was necessary Most of you are probably familiar in the best interest of his with Al’s professional career: first, as Mediation’s Place in Family Court: client. an Assistant Public Defender for As a prosecuting Assistant Dante Bertani, then as an Assistant That Was Then, District Attorney, Al Bell did not hold District Attorney and First Assistant This Is Now anything back. He did not play District Attorney for John Driscoll games. He considered the facts and (now Senior Judge) and current DA See Page 3 continued on page 21 John Peck, before ascending to the IN Special In Memoriam Q&A with To-Wit: Jury THIS President’s Report: Gene E. Henry by S. Trial ISSUE 2Message 3Mediation 8 McDonald 11 Moore 13 Sponte 15 Verdicts 2 • sid ebar SEPTEMBER 2014 President’s Message Time Is Money— And A Whole Lot More by Joseph W. Lazzaro, Esq. y cardiologist, Dr. Subhashish its leadership ascension, and the they believe in the professional value of Pal, gave me good news last election process, devoting their time. It comes from their week following a successful headed by John Ward. good hearts. Over 60 attorneys have M 1 stress test of my heart. To underscore the importance of pledged to devote at least /2 day to do With the great-health go-ahead, I these Planning Committee projects, pro bono service, and the number of immediately planned for more time any income disruption to the WBA dedicating attorneys rises each week! on the kayak, more time cycling, more caused by potential legislative changes Past president Mike Stewart time fishing with my son, and more or state-wide bar association policies/ focused much of his leadership on time doing all of the activities that practice changes would constitute a promoting attorneys’ commitment to I love with my wife, major financial blow to our Association. education in our local schools. It was my children, and my An income disruption is a real risk, and likely his commitment that stimulated friends. our Board is focused on preparedness this year’s outpouring of support for Our time is for long-term prosperity. Law Day visits to the Westmoreland precious. If you are a Our most valuable asset—our school districts where about 4,000 member of the WBA, building—must be well cared for and students experienced great education I know that your time should be used to its best potential. delivered by over 50 of our members is also particularly Our Board is taking the long-awaited teaching in local classrooms—opening valuable. steps to preserve its value, and to meet young minds and freely sharing the In my last column, the rapidly changing dynamics, needs, values of law that we hold dear. I asked you to consider and requirements of this Association. While these great altruistic efforts gifting some of your valuable time to As for the Board structure and are being advanced in our community, our Association. You could devote that election process, many have found President-Elect Maria Soohey has been gift of your time by participating in it to be cumbersome and awkward working hard to make the practice of the committees that you care about, for professionals who are trying to law easier—and more efficient and in pro bono, in Bar social functions, volunteer their time. We want and modern—in our county by leading the and in leadership roles during this need future volunteers from our Bar’s E-Filing Committee to assist and challenging time for the WBA. profession to continue to devote partner with Westmoreland County With pride, I report to you that their valuable time as leaders here. To Prothonotary Christina O’Brien in our members are doing more than accomplish that goal, our organization advancing the County’s court filing just stepping up to the plate—we must remain an inviting, apolitical, and system in technology and automation. are doing so enthusiastically. modern conduit of professionalism Other counties across Pennsylvania Last month, Bill McCabe, Dan and collegiality. have moved forward by introducing Joseph, and Tim Geary led the Those above projects in no way electronic filing systems. Westmoreland Planning Committee to tackle some of diminish the importance of our County could potentially offer break - the major projects of our Association, commitment to the pro bono work through progress in the near future. including: in our profession. Under the new The Westmoreland Bar Association • Cultivating alternative income leadership of David Millstein , our is often recognized as a leader generators for the WBA, commitment to pro bono is serious among Pennsylvania’s 67 headed by Jim Antoniono; and substantial. Over 244 visitors counties. This year, your • Guiding our Board of Directors and sought assistance in the WBF Pro dedication and commit- the Building Committee with new Bono office in August. With David’s ment to our Association priorities for building usage, upkeep, leadership, all those who need and are putting us on and the preservation of its value, qualify for help are really finding help. the cutting edge of headed by John Ranker; That help comes in important ways, professional progress. • Creating a better, more workable including from WBA members who With pride and structure for our Board of Directors, signed up to donate their time because thanks to you, SEPTEMBER 2014 sid ebar • 3 SPECIAL REPORT Mediation’s Place in Family Court: That Was Then, This Is Now by Pamela Ferguson, Esq. and Visitation Disputes Under the In response to favorable statistics, New Mandatory Mediation Law,” other states followed California’s wenty-five years ago, under Cal. Law, January 1982 at 41.) lead, enacting their own mediation increasing pressure to address Notwithstanding the obvious programs. Pennsylvania, slow to enter T the unique needs of a changing benefit to the courts’ burgeoning the race, enacted Act 20 in 1996 family demographic by providing a calendar, mandatory mediation was (codified at 23 Pa.C.S. § 3901, et non-adversarial means of resolving not without its opponents: advocates seq.). Careful to avoid the pitfalls of family disputes, Pennsylvania’s for victims of physical and mental California’s program, Pennsylvania’s Legislature turned to mediation. abuse cried foul when they discovered Legislature refused to mandate Citing studies showing the harmful that battered women were being statewide mediation, electing instead effects of pitting parent against parent subjected to mediation and victimized to allow local courts to choose to on the emotional again by their abuser. mediate or not; exempted victims of well-being of “Given these domestic violence the parties and circumstances, A growing body of and child abuse; and their children, our agreements made ordered mediation research suggests Legislature decided through mandatory attendance only with it was finally time to mediation are not that mediation the consent of the follow those states the product of may be the more parties.