a Mission to Cuba

Members of the Louis D. Brandeis Law Society and Temple American Inn of Court gather in front of a Havana cathedral. a Mission to Cuba By Lauren A. Wilkinson

he Louis D. Brandeis Law Society and Temple American Inn of Court departed from Miami International Airport on Feb. 28 for a five-day T trip to Havana, Cuba. Led by Pennsylvania Superior Court Judge Anne E. Lazarus, Philadelphia Court of Common Pleas President Judge Pamela Prior Dembe, and Court of Common Pleas Judge Sandra Mazer Moss, we devoted the trip to gaining an understanding of the judicial system in Cuba, meeting with Cuban judges and lawyers, and exploring and learning about the island country that took center stage during the Cold War. Judge Lazarus said it was “fascinating not only to visit Cuba, but also to learn from local lawyers and judges and meet some of their prominent citizens. We could not have been more warmly welcomed. The food, rum, cigars, art and people were all wonderful and not necessarily in that order.”

On March 1, members of the Adath Israel El who not only acted as our resident experts, but Patronato Synagogue graciously hosted our group also affectionate storytellers. Stories including and we participated in their Shabbat service and friends’ attempted escapes from the island seemed Kiddush. The Philadelphia lawyers and judges daunting as ocean waves continuously crashed were granted temporary humanitarian-based visas onto the roadways, washing over the fifties-era providing assistance to Cuba’s Jewish population cars driving by. by donating clothes and school supplies consistent The first day, we visited the Place of the with the Temple Inn’s educational mission. Revolution, and drove through old Havana, Our group followed two Cuban tour guides, noticing vast areas of what were formerly

PHOTOGRAPHED BY Lauren A. Wilkinson handsome buildings now abandoned and open to the elements, is in Cuba. While they do not have jury trials, their ‘judges’ sit with missing windows, and once ornate stonework lying in in panels of three or five depending on the severity of the case. disrepair. This living museum romanced us as we visited It’s just another way of giving justice to the people.” houses turned restaurants, and dined on local cuisine and Former Chancellor Alan Feldman remarked that the “Cuban listened to live bands. legal courts in operation was an eye-opening contrast between Buildings and homes previously occupied by well-to- the mature rule of law as developed in the United States, and do Cubans who fled the country in the wake of Batista’s a rudimentary justice system that did not seem to be moored presidency from 1940-1944 (and later dictatorship from 1952- to any established legal principles. When we were told that 1959) or thereafter rise of Fidel Castro’s communist regime. panels of three ‘judges,’ only one of whom was law-trained, Former Philadelphia Bar Association Chancellor Abraham would instantly decide disputes after hearing from the parties “Abe” Reich noted the “fascinating dichotomy between by promptly voting for a ‘winner,’ I was reminded more of poverty of the Cuban people and their art, music and food, American Idol than any judicial proceeding I’ve ever seen.” and the zest with which the Cuban people applied themselves Much like a civil system that one finds in France or in these arenas, belied any notion of poverty.” Time stood Nigeria, the Cuban judicial system operates with one or still as we became part of this “communist museum,” largely two professional judges (specially trained at a certified unchanged since the 1980s, isolated from Americanized institution) and the others are lay-judges selected by their culture and television, and capitalism. The streets display a companies or their communities. Our group open-mindedly Cuban ambiance reminiscent of the film “Havana Nights,” observed the presentations of the court systems by Uníon with classic Chevys, Fords and Oldsmobiles circling the Nacional de Juristas de Cuba (UNJC), whose representatives airport as if in an antique car parade. provided insight into the system’s 313 recent constitutional A member of our group, David Korenstein, and his brother, changes and future Cuban-American relations. Judge Dembe came to the U.S. with student visas in May 1961 during the rise was “fascinated by the way the Cubans are preparing for of the Casto regime and their parents a return to normal relations with followed them through David’s efforts the U.S. and the great increase in and the HIAS program two years later. capitalism that will come with it. Korenstein remains deeply connected They are carefully watching the areas to his Cuban upbringing, listening to “We should keep this where free enterprise is permitted Cuban music and cooking traditional in order to change their legal system Cuban cuisine from his Pennsylvania exchange because as needed to cope with this. They home. “I had such a great childhood, its are very concerned not to repeat the something I can’t forget, I don’t want there are more disastrous unregulated capitalism that to forget…It’s in you…when you’re things that unite us occurred in Russia.” Notably, these a child, things stay with you.” The 313 constitutional alterations include trip enabled him, alongside daughter than separate us.” certain aspects of free enterprise, Noleen, to revisit his childhood home, agricultural and migratory reforms. elementary school and grandparents’ As one Havana lawyer in attendance gravesites. stated, “the legal system in which a The Cuban judges and lawyers we lawyer works doesn’t matter, we still met were very polite and very happy to share information have the same vocation for justice,” highlighting similarities about the Cuban judicial system. A Cuban judge stated, “We between Cuban and U.S legal systems. Drawing similarities should keep this exchange because there are more things that to attorney-client privilege, the Havana lawyer said “despite unite us than separate us.” They described their civil law living in a socialist state, Cuban attorneys do not have to system comprised of judges appointed by the legislature for give any information to anyone.” Thus, client confidentiality life terms and defendants who work in legal “collectives.” seems intact despite other major differences to our systems, Legal collectives raise money through nominal fees to clients such as the lack of private practice, regulated hourly rate, and and jurisprudence, they noted, is uninfluenced by political the educational system of judges and lawyers. The lack of agendas of the state. “When we met with the Cuban judges structure and the apparent absence of a written record make for and lawyers, some of us forgot that we don’t have same First a system where results are not predictable and errors that are Amendment rights in Cuba that we have in U.S. and the common in judgments cannot easily be corrected via appeal. atmosphere got a little tense,” said Chancellor Kathleen D. The intersection between legal education and humanitarian Wilkinson. “Judge Dembe and Judge Moss suggested I change assistance created a very interesting visit. The group met one the subject and talk about the Philadelphia Bar Association. attorney who represented an American who had been detained The mood lightened considerably.” by the Cuban government for building support within Cuba’s A member of our group expressed his appreciation for Jewish population and allegedly aiding the United States as an our hosts and noted, as lawyers, “we are superb problem informant. In 2009, Alan Gross was convicted and sentenced solvers, our sense of justice is what delivers solutions to great based on these charges and awaits some retribution for acts problems.” “We can build in these few days together, a bond of that should be protected under international principles of friendship and of problem-solving.” Judge Moss observed, “I human rights. The Philadelphia group included people who was especially interested in how egalitarian the justice system identify with Gross as fellow Jews who eagerly discussed

36 the philadelphia lawyer Fall 2013 A tour through Old Havana showed many nearly empty or empty buildings with the exception of a makeshift business on the first floor. Former Philadelphia Bar Association Chancellors Alan M. Feldman (left) and Abraham C. Reich were among the members of the delegation.

potential avenues for Gross with his attorney, hoping for his through her subtle expression of political messages. She return to the U.S. and due process. We also heard an emotional portrays her personal struggles by mirroring the ‘coming appeal from a mother of one of the “Cuban 5,” the five Cubans of ages’ dilemma through a portrait of a government-in- imprisoned in the U.S. transition. She symbolically ascribes herself to the children’s Some of these meetings revealed not only a striking novel using Alice’s thematic disorientation as parallel to her difference in justice for an American in a foreign country, but own experiences. Artist Kevin Lopez Nieves repurposed also a need to express our views cautiously on a caustic legal the gunshot-damaged signs stripped from Cuba in an effort issue that the U.S. Supreme Court has itself generated much to remove capitalistic influence. These signs advertising rhetoric and debate, and the importance to exercise discretion American enterprises including Texaco, Kodak and Shell Oil in stating our views, since we did not enjoy our normal First had bullet holes in them from the rise of the Castro regime. Amendment rights. Harnessing an artistic outlet produces powerful artistic In addition, Cuban artist Sandra Ramos Lorenzo displayed interpretations for these artists while giving onlookers a her symbolic self-depictions, in particular as Alice from deeper connection of the key role that politics has played in “Alice in Wonderland.” Her artistic expression takes flight the lives of Cuba’s citizens.

38 the philadelphia lawyer Fall 2013 We followed in Ernest Hemingway’s footsteps, visiting his home where he wrote “For Whom the Bell Tolls” and his beloved bar, La Floridita, where a life-size sculpture of the writer now Chancellor Kathleen D. Wilkinson with Judge stands at the bar waiting for his self- Anne E. Lazarus, one titled favorite, The Hemingway. The of the leaders of the writer loved Hotel Nacional de Cuba, trip to Cuba. which has beautiful views of the ocean, outdoor lounge, all well maintained with rich history. The hotel evokes an against the background of classic at the Café del Oriente, enjoying our early 1920s old-Hollywood ambiance, American cars, the incredible panorama last tastes, smells and memories of the easily envisioning the socialites that of historic truths – recurrent Cold War country through conversation, farewell enjoyed these same views, cigars, aged reminders of a past time very much still speeches and appreciation of our tour rums, in good company, years ago. present. The weather was overcast most guides, followed by a lively Cuban Postcards from the 1950s are displayed of the time we were there, adding to the band. While we were looking forward in glass shelves of the hotel’s history somber nature of some aspects of the to returning to the U.S. and the freedom room, along with posters of stars from trip. Temple Inn of Court members Jill and variety it has to offer, we also knew the U.S. who performed at the hotel. and Pete Jenkins noted the incredible that we would miss our new friends and The beautiful aura of the place is not juxtaposition of “the still fragile and in were left to wonder whether we will far distanced from political reminders; places destroyed infrastructure of the have another chance to visit the time bunkers on the property add speculation country” and the impressively inspiring capsule that is Havana. on whether nuclear warheads may have desire “to strive to better and want been on the grounds at one point. more out of their lives, in a society that Lauren A. Wilkinson is a student The view of Havana from our room is so structured by a government, for at Franklin & Marshall College. showed a city of visual and theoretical the people of Cuba.” She interned at Clear Channel contrasts, between the beauty of the On our last night, we dined in Old Communications and Cozen ocean and myriad architectural edifices, Havana on the Plaza de San Francisco O’Connor.

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