May 2019 (Vol. XXXI, No. 2)
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the bar Back issues from 2000 to the present and a comprehensive, searchable index are available THE NEWSLETTER OF THE online at www.westbar.org/thesidebar. sideWESTMORELAND BAR ASSOCIATION VOLUME XXXI, NUMBER 2 MAY 2019 Survey of Judicial Candidates Six Vie for County’s Court of Common Pleas Nominations Kyle M. Wayne P. Jessica Matt Michael J. Justin Baxter McGrew Rafferty Schimizzi Stewart II Walsh ditor’s note: As in past judicial elections, we have — Membership in other organizations, including made space available for all the candidates for the positions held and length of membership. ECourt of Common Pleas of Westmoreland County 3. Describe your practice, identifying particular areas to respond to a series of uniform questions, hoping that the of expertise, if any, and how your practice breaks down effort enables our colleagues to learn a little bit more about by percentage in areas of real estate, personal injury, those who seek a seat on the bench. insurance defense, general litigation, family law, etc. The questions we posed are: 4. If you claim litigation experience as a qualification, 1. What is the municipality of your residence? provide the names of three members of the bar who 2. Submit a CV that includes the following information have sufficient knowledge and/or experience regarding (The CV should be sent to the WBA with the understanding your litigation skills (Please make certain the three that it will be posted on its website [www.westbar.org] for individuals have consented to have their names listed viewing by our readers and the public.): in the sidebar in this fashion). — What secondary schools, college(s) attended, 5. Identify your single-most significant professional degree(s) earned, and any honors received. accomplishment and provide pertinent details. — Law school(s) attended, date of graduation, any You may omit any confidential information. honors earned or received, date of admission to 6. Why do you want to be a judge? the bar. 7. Why do you think you should be a judge? — Positions of employment since your admission to the bar and the dates of such employment. — Membership in any law-related organizations in The candidates answer our which you have been an active participant, describ- questions beginning on page 16. ing your participation and length of membership. Dicta New Jury To-Wit: IN President’s Pot Members Trial Under by S. THIS 2Message 3 Luck 7 Presented 9 Verdicts 12 Review 13 Sponte ISSUE 2 bar • side MAY 2019 President’s Message Whyby Joyce Law Novotny-Prettiman, Day? Esq. he theme for Law measure America’s knowledge Day 2019 is “Free of civics. Stay tuned for TSpeech, Free Press, those results. Free Society.” The American For several years, the Bar Association (ABA) on Annenberg Public Policy May 1 of each year celebrates Center conducted a civics Law Day to focus attention survey. During the survey on the conducted in August 2018, role of it was found that 67% of law in our those surveyed could not society. name all three branches of ABA government. The results David DeRose and Joyce Novotny-Prettiman visiting a classroom President showed better knowledge for Law Day 2018. Bob of some issues such as an assistant professor will run out of material from Carlson impeachment and pardons, of communication and the suggested topics when selected suggesting that these issues social influence at Temple I head out to a classroom, this year’s are in the news. University. I found this but I find that the time goes theme “We found a direct observation by Bruce Hardy quickly and there are usually “because these freedoms have relationship between basic to be compelling. more questions than can be dominated public discourse knowledge about the three Law Day in Pennsylvania answered in the time allotted. and debate recently.” branches of government and the materials compiled You are sure to get some This year will be the 61st and wanting to protect the by the Pennsylvania Bar memorable quotes. As one anniversary of Law Day and independence of the courts,” Association traditionally wise second grader once the ABA will release the first said APPC distinguished concentrate on reaching out announced during a survey it has conducted to research fellow Bruce Hardy, to children in Pennsylvania discussion about what rules classrooms. The observance had to be followed in school, % of people who can name the of Law Day is one of the “Don’t bring your parents’ three branches of government focuses of our Westmoreland guns or drugs to school!” Bar Foundation and many Who can disagree with that? of our members contribute Law Day is an opportu- to this effort by visiting nity to provide basic civics classrooms all over lessons to students in all Know all Westmoreland County. grade levels—this informa- three If you have not taken tion is important as it helps branches a couple of hours to students grasp basic concepts 32% Do not participate in Law Day and enables them to build know any in the past, I highly a foundation to appreciate branches recommend you do so in how the rule of law works 33% the future. The enthusiasm in America. The curiosity Know two that the students I have is out there, we just need branches talked with as a Law Day to help feed it! I 13% participant is inspiring. Know one These children want to branch know what lawyers do every 21% day and they are genuinely Refused interested in stories about 1% experiences lawyers have had in court and with their Source: Annenberg Constitution Day Civics Survey, August 8-12, 2018. Annenberg Public Policy Center clients. I usually worry that I bar 3 MAY 2019 side • favor of legalization. But the ravages toothaches. Over the next centuries, it of old age were too much to bear. With migrated to different regions around DICTA no other viable options, she “agreed” the world, finally being introduced to to give it a try. My mother’s story is North America in the early 1600s as a not unique, as the crowded waiting fiber from which to make clothing, room attests. With marijuana coming sails, and rope. Discovered to help full circle, its relevance as a medicinal digestive issues and calm the symptoms Pot Luck plant can finally replace the historical of cholera, cannabis by Pamela Ferguson, Esq. anomaly of the last 72 years during extract began being which it was reviled and feared. sold in pharmacies s I sat in the waiting room Since 4000 B.C., cultures across and doctors’ offices of Solevo, Greensburg’s first the globe have used and celebrated throughout the A medical marijuana dispensary, marijuana for its healing and spiritual United States by I was struck by the irony of my benefits. Considered one of humanity’s the late 1800s. presence. Unable to take traditional oldest cultivated crops,1 cannabis was In the early 1900s, pain medicine for her spinal stenosis widely used in religious and healing Mexican immigrants and too old to safely undergo major ceremonies in Asia. Introduced to encouraged its back surgery, my eighty-three year old India by invaders returning from recreational use; mother, who for thirty years had conquests in China, it became however, due to sanctimoniously espoused “reefer celebrated as one of the “five kingdoms the escalation of Pamela Ferguson madness” warnings of marijuana as of herbs … which release us from resentment toward immigrants and a gateway drug whose psychotropic anxiety.”2 The Vikings used it for racist fears toward Mexicans during effects encouraged suicide and murder, relieving pain during childbirth and the Great Depression, the federal was waiting to pick up her prescription government, through the Federal of “Illera’s Soothe and Dream” tincture 1 “Marijuana: The First Twelve Thousand Bureau of Narcotics, cracked down on Years” (Springer, 1980). and topical THC. Unwavering in marijuana’s recreational use, describing 2 “Marijuana’s History: How One Plant Spread her disapproval, she had refused to Through the World” (Live Science, October 17, cannabis as a very powerful addictive consider even rational arguments in 2014). drug that would lead to the downfall of the American youth. For the first time in its long history, marijuana was considered evil, no longer praised for its healing qualities. In 1937, marijuana was effectively “outlawed” through passage of the Marihuana (Marijuana) Tax Act: the first federal law to criminalize marijuana nationwide through a punitive excise tax on the sale, possession, or transfer of all nonindustrial hemp products. As head of the newly formed Federal Bureau of Narcotics and with the support of President Franklin D. Roosevelt, Harry Anslinger promoted his views of the evils of cannabis in propaganda films in which users were continued on page 4 the bar the sidebar is published bimonthly as a service for EDITORIAL BOARD members of the Westmoreland Bar Association. David J. Millstein, Esq., Editor Letters to the Editor should be sent c/o WBA, 129 Northside Pennsylvania Avenue, Greensburg, PA 15601-2311, fax 724-834-6855, The Hon. Daniel J. Ackerman, Unapologetic Luddite or e-mail [email protected]. the sidebar welcomes submissions from Pamela Ferguson, Esq., George C. Miller, Jr., Esq., members or non-members. Please submit to the Articles Editor, c/o WBA. Emily Shaffer, Esq., Susan C. Zellner, Associate Editors Back issues from 2000 to the present and a comprehensive, searchable index Diane Krivoniak, Managing Editor are available online at www.westbar.org/thesidebar. 4 bar • side MAY 2019 DICTA continued from page 3 depicted committing Potviolent crimes Luckhave now tried it sentences and the “three strikes” and acting irresponsibly and overly Are penalties too severe? law created crowded prisons and sexual.