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Guardianship Tracking
Issue 3, 2018 newsletter of the administrative office of pa courts Guardianship Tracking After careful research, design and development, Pennsylvania’s much-anticipated Guardianship Tracking System (GTS) is now live in almost every county. (continued on page 2) With the new Guardianship Tracking System, everyone wins After careful research, design and development, Pennsylvania’s much-anticipated Guardianship Tracking System (GTS) is now live in almost every county. Developed by AOPC/IT Court-appointed guardians of months, sometimes years. Among its and the Office of Elder incapacitated adults can now receive many benefits, the GTS will ensure that Justice in the Courts automatic reminders about important potential guardianship problems are under the direction filing dates and deadlines. They can identified and responded to quickly. and supervision of the file inventory forms and annual reports Advisory Council on online rather than having to go to Additionally, the GTS integrates Elder Justice in the Courts, the GTS their county courthouse to file reports guardian information into a statewide is a new web-based system in which manually. database rather than separate, guardians of adults of all ages, court individual county databases. staff, Orphans’ Court clerks and judges Historically, court staff in each county “This statewide collection of data will can file, manage, track and submit have been tasked with manually not only eliminate the potential for guardianship reports. scanning and filing guardians’ inventories and annual reports. an unsuitable guardian to relocate to The new system is designed with the However, the Elder Law Taskforce other counties, but will also generate goal of monitoring guardian activity noted in its final report to the Supreme information about guardianship trends in Pennsylvania while streamlining Court that the majority of Orphans’ that will help decision makers draft and improving the guardianship filing Court clerks reported that they do not laws and establish procedures to process. -
Issue 2, 2018
Issue 2, 2018 newsletter of the administrative office of pa courts Engaging families to combat truancy Pennsylvania schools and magisterial district courts focus on improving school attendance. 1 1 Magisterial district courts: Engaging families to combat truancy Research shows that roughly nine • The restriction of truancy 60-90 days, and if there are no further percent of Pennsylvania students are disciplinary actions that result problems, I’ll dismiss the case,” he said. habitually truant with many of these in excluding students from the truancy cases beginning in elementary regular classroom and middle school, according to the “We’re not just judges. Pennsylvania Department of Education. • Considerable discretion for magisterial district judges to In some of these cases, Following passage of a new truancy impose appropriate penalties in we’re social workers . law in 2016, Pennsylvania schools and individual cases. magisterial district courts continue to and counselors to these focus on improving school attendance Both Judge Corbett and Magisterial students.” using approaches that best help truant District Judge David H. Judy, from – Judge David Judy students by engaging their families Dauphin County, were involved in to support attendance and preserve discussions concerning the 2016 family unity. truancy law during their time as He said that more often than not in members of the Pennsylvania State truancy cases, there are deeper family Roundtable’s Educational Success and problems that explain the root of the “With the new truancy Truancy Workgroup launched in 2009. student’s attendance issues, and his goal is to help solve those problems law, truancy cases The group was tasked with identifying rather than just fine the student or the systemic issues in Pennsylvania have become more parent. -
In the Supreme Court of Pennsylvania Middle District ______Docket No
Received 2/5/2018 9:39:17 AM Supreme Court Middle District Filed 2/5/2018 9:39:00 AM Supreme Court Middle District 159 MM 2017 IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT _________________________________________________________________ DOCKET NO. 159 MM 2017 _________________________________________________________________ LEAGUE OF WOMEN VOTERS OF PENNSYLVANIA, ET AL., Petitioners, v. THE COMMONWEALTH OF PENNSYLVANIA, ET AL., Respondents. __________________________________________________________________ ANSWER OF RESPONDENT, LT. GOVERNOR MICHAEL J. STACK, III TO APPLICATION FOR DISQUALIFICATION OF JUSTICE DAVID WECHT AND FOR FULL DISCLOSURE BY JUSTICE CHRISTINE DONOHUE __________________________________________________________________ Clifford B. Levine Pa. Id. No. 33507 Alex M. Lacey Pa. Id. No. 313538 Alice B. Mitinger Pa. Id. No. 56781 Cohen & Grigsby, P.C. 625 Liberty Avenue Pittsburgh, PA 15222-3152 (412) 297-4900 Lazar M. Palnick Pa. Id. No. 52762 1216 Heberton Street Pittsburgh, PA 15206 (412) 661-3633 On behalf of Respondent Michael J. Stack III, in his Capacity as Lieutenant Governor of Pennsylvania and President of the Pennsylvania Senate I. INTRODUCTION With its majority decision, this Court has held that the 2011 Plan “plainly, clearly and palpably” violates the Pennsylvania Constitution. All parties, including the Legislative Respondents, exhaustively briefed the issues associated with a constitutional challenge to the gerrymandered congressional map, which was created with obvious partisan intent. This Court conducted an extraordinary session for oral argument, which lasted for over three hours, and thoroughly discussed the issues involved in the challenge. Now, after the Court has rendered its decision, the Legislative Respondents seek disqualification of Justice David Wecht and “full disclosure” from Justice Christine Donohue. Their demand is untimely and should be summarily dismissed. -
Report on Regional Economies of Pennsylvania and COVID-19
SENATE MAJORITY POLICY COMMITTEE Senator David G. Argall (R-Schuylkill/Berks), Chairman REPORT ON REGIONAL ECONOMIES OF PENNSYLVANIA AND COVID-19 Senate Majority Policy Committee Report on Regional Economies of Pennsylvania and COVID-19 Table of Contents Introduction ................................................................................................................................... Page 1 The Safe Re-Opening of Western Pennsylvania’s Economy ........................................................ Page 2 Northeastern Pennsylvania’s Economy and COVID-19 ............................................................... Page 3 Southeastern Pennsylvania’s Economy and COVID-19 ............................................................... Page 4 Southcentral Pennsylvania’s Economy and COVID-19 ............................................................... Page 5 Our thanks to all who testified before the Senate Majority Policy Committee on this issue ........ Page 6 Introduction In March 2020, the first cases of COVID-19 were confirmed in the Commonwealth of Pennsylvania. On March 19, Governor Wolf ordered that all non-life sustaining businesses in the state needed to close physical locations in order to slow the spread of the virus. Those businesses that did not comply with the Governor’s mandate faced potential legal actions including citations, fines, and license suspensions. Many businesses applied for waivers to stay open during the shutdown and claims were solely handled by the Department of Community and Economic Development. -
Pdfaclu-PA Opposition to HB 38 PN 17 House
MEMORANDUM TO: Pennsylvania House Judiciary Committee FROM: Elizabeth Randol, Legislative Director, ACLU of Pennsylvania DATE: January 12, 2021 RE: OPPOSITION TO HOUSE BILL 38 P.N. 17 (DIAMOND) Background House Bill 38 (PN 17) is a proposed amendment to the Pennsylvania Constitution that would create judicial districts for the purpose of electing judges and justices to Pennsylvania’s appellate courts. While judges and justices on the Commonwealth, Superior, and Supreme Courts are currently elected at-large across the state, the proposed amendment would allow the legislature to draw geographic districts based on population. The stated reason for this amendment is to create a more geographically diverse judiciary and limit the number of judges and justices from Allegheny and Philadelphia counties.1 Proposed constitutional amendments must pass with identical language in two consecutive sessions. Having passed last session, if HB 38 passes for a second time this session, it could be placed on the ballot for ratification as early as the May primary. If approved by a simple majority vote of electors, it would become part of the Pennsylvania Constitution. On behalf of over 100,000 members and supporters of the ACLU of Pennsylvania, I respectfully urge you to oppose House Bill 38 (PN 17). Bill Summary House Bill 38 would: ■ Create seven districts for the election of Supreme Court justices, one for each justice on the Court; ■ Create judicial districts for the election of Superior Court judges, in a number determined by the 2 legislature; -
Legislative Journal
COMMONWEALTH OF PENNSYLVANIA Legislative Journal TUESDAY, JANUARY 3, 2017 SESSION OF 2017 201ST OF THE GENERAL ASSEMBLY No. 1 SENATE might see their work as Thy righteous calling to protect us in the manner of Thy guardian angels and care for us in the manner of TUESDAY, January 3, 2017 the Good Samaritan. Preserve Thy servants and all Thy people The PRESIDENT. This is the constitutional day and hour for in peace, safety, and health. Deliver us from every snare of every the convening of the 201st Regular Session of the General As- enemy, both visible and invisible, and grant to all of us all Thy sembly. good things which are expedient for us as we always offer praise and thanksgiving unto Thee. To the Father, and to the Son, and The PRESIDENT (Lieutenant Governor Mike Stack) called to the Holy Spirit, now and ever, and unto the ages of ages. the Session to order at 12 m., Eastern Standard Time. Amen. PRAYER The PRESIDENT. The Chair thanks Father Johnson for a beautiful prayer. He is the guest today of Senator-elect The Chaplain, Very Reverend GEORGE JOHNSON, Pastor Langerholc. of St. John the Baptist Orthodox Church, Johnstown, offered the following prayer: PLEDGE OF ALLEGIANCE Before the regular prayer, I first ask everyone to join in ob- (The Pledge of Allegiance was recited by those assembled, serving a moment of silent prayer for slain Pennsylvania State led by the gentlewoman from Washington, Senator Trooper Landon Weaver. BARTOLOTTA.) (Whereupon, those assembled stood in a moment of silence PERMISSION TO ADDRESS in solemn respect to the memory of State Trooper LANDON WEAVER.) The PRESIDENT. -
OPPOSITION to EMERGENCY APPLICATION for STAY PENDING RESOLUTION of APPEAL to THIS COURT ______To the Honorable Samuel A
No. 17A795 __________________________________________________________________ In The Supreme Court of the United States ________________ Michael C. Turzai, in his capacity as Speaker of the Pennsylvania House of Representatives, et al., Applicants, v. League of Women Voters of Pennsylvania, et al., Respondents ________________ Emergency Application for Stay Pending Appeal to the Supreme Court of the United States from the January 22 and 26, 2018 Orders of the Pennsylvania Supreme Court (159 MM 2017) ________________ OPPOSITION TO EMERGENCY APPLICATION FOR STAY PENDING RESOLUTION OF APPEAL TO THIS COURT ________________ To the Honorable Samuel A. Alito, Jr. Associate Justice of the United States and Circuit Justice for the Third Circuit Clifford B. Levine Lazar M. Palnick Counsel of Record Supreme Court Bar Id. No. 178614 Supreme Court Bar Id. No. 206304 1216 Heberton Street Alice B. Mitinger Pittsburgh, PA 15206 Alex M. Lacey (412) 661-3633 Cohen & Grigsby, P.C. [email protected] 625 Liberty Avenue Pittsburgh, PA 15222-3152 (412) 297-4900 On behalf of Respondent Michael J. [email protected] Stack III, in his Capacity as Lieutenant Governor of Pennsylvania and President of the Pennsylvania Senate TABLE OF CONTENTS I. INTRODUCTION ................................................................................................... 1 II. ARGUMENT ........................................................................................................... 2 A. Applicants’ Attack On The Integrity Of The Pennsylvania Supreme Court Is Unfounded And Offensive, And Has Been Waived .................. 3 1. The Applicants Failed To Seek Recusal Before The Pennsylvania Supreme Court And Have Waived Any Issue .............................. 4 2. Even If Applicants Had Not Waived This Argument, Their Insinuation Of Bias Is Unprofessional And Inconsistent With This Court’s Understanding Of Bias In The Context Of An Elected Judiciary .......................................................................... -
PA Supreme Court Announces New Work Product Doctrine Waiver Analysis with Regard to Dissemination of Information to Third Parties
PA Supreme Court Announces New Work Product Doctrine Waiver Analysis with Regard to Dissemination of Information to Third Parties Healthcare Alert | June 24, 2019 By: Daniel Ferhat and Laura Hutchinson On June 18, 2019, the Pennsylvania Supreme Court announced a new attorney work product waiver analysis in BouSamra v. Excela Health. The central holding of the Supreme Court’s decision in BouSamra is that the attorney work product doctrine is not waived by disclosure unless the alleged work product is disclosed to an adversary or disclosed in a manner which significantly increases the likelihood that an adversary or anticipated adversary will obtain it. The work product doctrine, codified in Pennsylvania Rule of Civil Procedure 4003.3, protects the disclosure of mental impressions, conclusions, opinions, notes or summaries, or legal theories of a party’s attorney, respecting the value or merit of a claim or defense or respecting strategy or tactics. Considering confidentiality is not a cornerstone of this privilege, disclosure to a third-party does not always undermine the purpose of the work product protection. Prior to BouSamra, the Pennsylvania Supreme Court had declined to comment on the work product doctrine waiver issue. However, in BouSamra, Justice Sallie Updyke Mundy, who wrote the opinion on behalf of the majority, pointed out that the work product doctrine has become confused or conflated with the standards applied to the attorney-client privilege. The Supreme Court explained that the attorney-client privilege is designed to protect confidentiality, such that any disclosure outside the attorney-client relationship is inconsistent with the privilege. By contrast, the work product protection is invoked against adversaries and does not exist to protect a confidential relationship. -
Winning Lawyer Says Pa. Supreme Court Ruling Clears up Deadlines
Winning Lawyer Says Pa. Supreme Court Ruling Clears Up Deadlines for Both Sides, Opponent Says Not So Much "In arguing this before the Supreme Court, all you can hope for is a rule that's fair for both plaintiffs and defendants," said the winning lawyer, Joseph Mayers of The Mayers Firm. "I think Justice Baer outlined such a rule." By Katheryn Tucker I April 02, 2021 The first word in deadline is dead. Period. That's the bottom line of an opinion from the Pennsylvania Supreme Court throwing out a lawsuit over missing the deadline for notifying the other side. “We hold that a trial court has the discretion to dismiss a complaint when a plaintiff fails to offer proof that she diligently attempted to serve process on a defendant in a timely manner and there is no evidence to indicate that the defendant had actual notice of the commencement of the action in the relevant time frame, regardless of whether the plaintiff acted or failed to act intentionally," Justice Max Baer wrote in a March 25 ruling (http://www.pacourts.us/assets/opinions/Supreme/out/J-74- 2020mo%20-%20104727496130809348.pdf?cb=1). He was joined by Justices Thomas Saylor, Debra Todd and Kevin Dougherty. They upheld the trial court and the Pennsylvania Superior Court in tossing a lawsuit Rhasheena Gussom filed against Maurice Teagle in 2018 over injuries from a 2016 car wreck. The lower courts dismissed her complaint saying she had failed to serve notice by the deadline imposed by the two-year statute of limitations. The record shows she tried to serve him in Pennsylvania, but heard he'd moved to Virginia and doesn't say what happened after that. -
April 9, 2016 (Pages 1773-1882)
Pennsylvania Bulletin Volume 46 (2016) Repository 4-9-2016 April 9, 2016 (Pages 1773-1882) Pennsylvania Legislative Reference Bureau Follow this and additional works at: https://digitalcommons.law.villanova.edu/pabulletin_2016 Recommended Citation Pennsylvania Legislative Reference Bureau, "April 9, 2016 (Pages 1773-1882)" (2016). Volume 46 (2016). 15. https://digitalcommons.law.villanova.edu/pabulletin_2016/15 This April is brought to you for free and open access by the Pennsylvania Bulletin Repository at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Volume 46 (2016) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Volume 46 Number 15 Saturday, April 9, 2016 • Harrisburg, PA Pages 1773—1882 Agencies in this issue The Governor The Courts Department of Banking and Securities Department of Environmental Protection Department of General Services Department of Health Department of Labor and Industry Department of Transportation Executive Board Insurance Department Patient Safety Authority Pennsylvania Public Utility Commission Philadelphia Regional Port Authority State Board of Education State Employees’ Retirement Board Detailed list of contents appears inside. Latest Pennsylvania Code Reporter (Master Transmittal Sheet): Pennsylvania Bulletin Pennsylvania No. 497, April 2016 TYPE OR PRINT LEGIBLY Attn: 800 Church Rd. W. 17055-3198 PA Mechanicsburg, FRY COMMUNICATIONS, INC. COMMUNICATIONS, FRY CUT ON DOTTED LINES AND ENCLOSE IN AN ENVELOPE CHANGE NOTICE/NEW SUBSCRIPTION If information on mailing label is incorrect, please email changes to [email protected] or mail to: mail or [email protected] to changes email please incorrect, is label mailing on information If (City) (State) (Zip Code) label) mailing on name above number digit (6 NUMBER CUSTOMER NAME INDIVIDUAL OF NAME—TITLE OFFICE ADDRESS (Number and Street) (City) (State) (Zip The Pennsylvania Bulletin is published weekly by Fry PENNSYLVANIA Communications, Inc. -
Senate of Pennsylvania
Senate of Pennsylvania August 27, 2021 The Honorable Max Baer The Honorable Thomas Saylor Chief Justice Justice Supreme Court of Pennsylvania Supreme Court of Pennsylvania Pennsylvania Judicial Center Pennsylvania Judicial Center 601 Commonwealth Avenue 601 Commonwealth Avenue Harrisburg, Pennsylvania 17106 Harrisburg, Pennsylvania 17106 The Honorable Debra Todd The Honorable Christine Donohue Justice Justice Supreme Court of Pennsylvania Supreme Court of Pennsylvania Pennsylvania Judicial Center Pennsylvania Judicial Center 601 Commonwealth Avenue 601 Commonwealth Avenue Harrisburg, Pennsylvania 17106 Harrisburg, Pennsylvania 17106 The Honorable Kevin Dougherty The Honorable David Wecht Justice Justice Supreme Court of Pennsylvania Supreme Court of Pennsylvania Pennsylvania Judicial Center Pennsylvania Judicial Center 601 Commonwealth Avenue 601 Commonwealth Avenue Harrisburg, Pennsylvania 17106 Harrisburg, Pennsylvania 17106 The Honorable Sally Updyke Mundy Justice Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue Harrisburg, Pennsylvania 17106 Dear Justices of the Supreme Court: We are writing to request the court take action to halt evictions for those individuals who have applied for one of the emergency rental assistance programs but the submitted application has not yet been reviewed. As you may be aware, Congress has appropriated more than $1.5 billion in emergency rental assistance to the Commonwealth to address rent and utility delinquencies created due to the COVID-19 pandemic. Unfortunately, the United States Supreme Court recently invalidated the Centers for Disease Control’s (CDC) eviction moratorium. Very few counties had a rental assistance program ready for the sudden influx of money for emergency rental assistance from the Consolidated Appropriation Act of 2020 and the American Rescue Plan. The lack of existing programs required counties to build new programs before assistance could begin flowing to landlords and tenants. -
PUBLIC NOTICES Jennifer Mccullough 215.557.2321 [email protected]
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