DOCSLIB.ORG

‌Issue 4, 2019

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
‌Issue 4, 2019 Issue 4, 2019 newsletter of the administrative office of pa courts Is living and working on site Has few or no personal possessions RECOGNIZING SIGNS OF HUMAN TRAFFICKING Shows signs of poor hygiene, malnourishment, and/or fatigue Is not paid directly Owes a large debt and is unable to pay it off ??? Shares scripted, confusing, or inconsistent stories (continued on page 2) In the MJEB training, Pizzi went on to explain that traumatic responses HUMAN TRAFFICKING ON are subjective and may vary between victims. JUDICIAL EDUCATION RADAR Like traumatic responses, coercion is A number of recent judicial education programs focus on recognizing, understanding also subjective and may depend on and addressing human trafficking crimes – including 14 Minor Judiciary Education Board the tactics the abuser used – which is (MJEB) trainings for the 2019-2020 curriculum tailored to magisterial district judges, why some of the statute definitions are and a Continuing Judicial Education (CJE) seminar in November for trial and appellate intentionally vague. judges. Both of these programs were paid for using STOP Grant funds, a federal violence against women grant, see pages 4 and 5. HUMAN TRAFFICKING AND The Villanova Law Institute to Address Commercial Sexual Exploitation (CSE), SAFE HARBOR LAWS in conjunction with MJEB Executive Director Susan Davis and Judicial Programs Administrator Amy Kehner, developed the MJEB trainings. In the federal Trafficking Victims Protection Act (TVPA) enacted in 2000, Superior Court President Judge Jack Panella was lead faculty for the four-hour CJE a commercial sex act is defined as “any seminar, which featured a variety of presenters from prosecutors, to doctors and other judges. sex act on account of which anything of value is given to or received by any person.” RECOGNIZING SIGNS AND “While on the Pizzi explained that anything of value IDENTIFYING VICTIMS could apply to housing, money, drugs, surface, a case etc. – whatever the abuser may be Dr. Marita Lind from St. Christopher’s could look like a holding over a victim. Hospital for Children in Philadelphia prostitution or was invited to speak at the Nov. 7 CJE Both program presenters outlined seminar about the commercial sexual domestic violence the details of Act 105 of 2014, which exploitation of children, explaining to case, the key was the first comprehensive human- judges where and how it can occur. components to trafficking law in Pennsylvania. She spoke to the myriad of factors recognize in human “Our goal is to educate judges about that contribute to vulnerability in child trafficking crimes the relatively new human trafficking trafficking which are often taken into law in Pennsylvania. It was adopted in account when traffickers are recruiting are force, fraud 2014, but has taken quite a while for us their victims – this includes a potential and coercion.” and law enforcement to get used to it victim’s age, family, community and and figure out how to enforce it,” Jamie Pizzi, Esq., medical factors. PJ Panella said when speaking about Justice for Victims the CJE seminar. Potential victims are often recruited Fellow in places like malls and jails, but it’s In the MJEB session, Pizzi said the first becoming increasingly prevalent for conviction by a jury trial under this Act traffickers to target their victims online. Law enforcement is beginning to was in Lehigh County – debunking the understand the signs that could myth that human trafficking just occurs Jamie Pizzi, Esq., Justice for Victims indicate when an individual who in major metropolitan cities. Fellow at Villanova CSE Institute, has been prostituted, is actually presented at three of the October themselves a victim,” she said. Both trainings also offered insight into MJEB trainings. Pennsylvania’s Safe Harbor Law (Act In fact, continually getting convicted of 130 of 2018), which aims to protect, not In the MJEB training, Pizzi explained prostitution could point to underlying prosecute, child victims. that in order to get justice for these human-trafficking crimes. victims, they first need to be identified as victims. “72 percent of human-trafficking APPLICATION OF HUMAN survivors have already had prior court “Many victims don’t understand the TRAFFICKING LAWS TO THE interaction,” Pizzi said. difference between domestic violence COURTS and human trafficking, which leads While on the surface, a case could look to a lot of human trafficking victims like a prostitution or domestic violence Philadelphia Common Pleas Judge Lori thinking they were just in an abusive case, the key components to recognize Dumas created a specialty court called relationship,” Pizzi said at the MJEB in human-trafficking crimes are force, Working to Restore Adolescent Power training. fraud and coercion. (WRAP) Court in 2014, prior to the 2 passing of safe harbor legislation. enhancements for certain human- trafficking charges. At the CJE seminar, she explained how WRAP court was designed Another issue judges face is Rule of HUMAN to address the specialized Evidence 404(b), which may allow needs of trafficked children in a a defendant’s prior bad acts to be TRAFFICKING compassionate, trauma-informed brought up, but only to prove a manner – a crucial aspect to material fact at issue – not to prove VICTIMS MIGHT: understand in these types of cases. bad character. 1. Not be allowed to speak Having heard one of the first human Pizzi, in the MJEB session, had to anyone alone or make trafficking cases in Pennsylvania, explained that using a victim’s prior independent plans Northampton County Judge criminal record to discredit them Stephen Baratta also addressed is unfair because in many cases, 2. Not have access to some important issues for judges to that record is actually proof of their prepare for and be aware of in these victimization. their own travel or ID types of proceedings. documents Wrapping up the CJE seminar, Some of those include understanding Superior Court Judge Mary P. Murray 3. Not be in control of their the sensitive dynamics of a discussed some of the main issues own financial records, human-trafficking trial; protecting presented on appeal. victims from any pre-trial publicity; money or bank account anticipating evidentiary objections; and reviewing the sentence 4. Have very few personal possessions and limited UPCOMING: clothing options The Villanova CSE Institute will be presenting one-hour webinars covering 5. Work excessively long/ topics similar to the MJEB trainings on Jan. 14 and Jan. 21 for interested unusual hours with little or county court staff. Additionally, their Survivor Symposium will be held on April no pay 2, for which AOPC is offering scholarships to five interested judges and court staff to attend. 6. Not be able to clarify their address/living situation more INFORMATION For more information visit cseinstitute.org Saving time, paper and postage costs On March 8, 2020, a new process, and that courts should “This system enhancement will expungement process for both have the ability to complete the streamline the process by eliminating magisterial district and Common Pleas expungement process on their own. unnecessary passing of paper between Courts will take effect. the courts and AOPC/IT,” said Russel The enhancement automates all Montchal, AOPC/IT assistant director. The time-consuming nature of the the tasks that court users would “It allows the courts to select and existing expungement process traditionally need to perform to process the cases to expunge directly requires county and magisterial complete an expungement. Major within the case management system district court staff to generate and mail benefits of this new process include – eliminating the need to produce a thousands of paper expungement significant savings in staff time, paper Request for Expungement form.” requests each month. AOPC/IT staff and postage costs, as well as reducing then review all of the requests and the overall time for completing the Magisterial district courts will also perform the final steps to accomplish expungement process. soon be allowed to expunge truancy expungement in the case management offenses. The new process will be systems. Expungement orders will now be replicated in the Magisterial District treated like any other court order Judge System to permit those courts to After review, it was determined that where court staff can independently similarly expunge cases directly. it is not necessary for AOPC/IT staff take action without AOPC/IT to perform this lengthy confirmation involvement. 3 How can STOP Grant help fund your project? What is STOP Grant? Who might have access to STOP Grant funds? The STOP Grant is a federal violence • All AOPC departments and offices against women grant that stands • Judicial districts for Services, Training, Officers and • Judges • Court administrators Prosecutors (STOP). • Managers/supervisors of domestic relations • Probation and parole The AOPC uses the annual • Clerks and prothonotaries funding to provide support • Family legal services • Professional PA associations and enhance court services where membership includes court/court-related staff: for victims of domestic and • Domestic Relations (DRAP) sexual violence, human • District Attorneys • Pretrial Services trafficking or stalking. • Chiefs of Police • Court Management (PACM) STOP Grant funds are frequently used In 2018, the federal Office of to support court participation in Violence Against Women (OVW) gave totaling coordinated community responses out 56 awards over to foster collaborative
Load more

Recommended publications
  • Ralph J. Cappy.....13 Bridget Sedlock Chief Staff Writers: Two Women, Two Benches, Timothy Miller One Common Title: Role Model
    FALL 2009 HONORING FORMER CH IEF JUSTI C E RALP H J. CAPPY COVERS2 | JURIS MAGAZINE | FALL 2009 Table of Contents Letter from the Editor ........................................................1 Interim Dean Gormley Delves into “The Death of American Virtue: Clinton vs. Starr” ..................................2 Duquesne Law Students Spin Their Wheels for a Good Cause ......................................................................4 Annual Katie Westbrook Race Ipsa Loquitur Breaks JURIS STAFF Records and Keeps Memories Alive ..................................5 2009-2010 Traversing the Globe: Perspectives Gained From Duquesne University School of Law’s Summer Abroad EDITOR-IN-CHIEF: ASSociate EditorS: Programs .............................................................................6 Christina E. Horton Joseph DeMarco Ryan Duty The Pittsburgh Summit: The Local and Global EXECUTIVE EDITOR: Matthew Wachter Impact of the G-20 ............................................................8 Benjamin Steinberg Trial and Tribulation: Dr. Cyril H. Wecht Speaks ..........10 WEB Editor: MANAGING EDITOR: Vivian B. Taylor Nationally Ranked Legal Writing Program Has a New Home: The Bridget and Alfred Peláez Legal Writing Jessica Troy Center ................................................................................12 COPY Editor: ASSIStant Katherine Lowery Pennsylvania Supreme Court Convenes to Honor One Managing Editor: of Their Own: Former Chief Justice Ralph J. Cappy ....13 Bridget Sedlock CHIEF Staff WRITERS: Two Women, Two Benches,
    [Show full text]
  • In Memory of Ralph J. Cappy, Retired Chief Justice of Pennsylvania
    Duquesne Law Review Volume 47 Number 3 The Pennsylvania Issue: Honoring Article 2 Chief Justice Ralph J. Cappy 2009 In Memory of Ralph J. Cappy, Retired Chief Justice of Pennsylvania Ronald D. Castille Follow this and additional works at: https://dsc.duq.edu/dlr Part of the Law Commons Recommended Citation Ronald D. Castille, In Memory of Ralph J. Cappy, Retired Chief Justice of Pennsylvania, 47 Duq. L. Rev. 467 (2009). Available at: https://dsc.duq.edu/dlr/vol47/iss3/2 This Front Matter is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Duquesne Law Review by an authorized editor of Duquesne Scholarship Collection. In Memory of Ralph J. Cappy, Retired Chief Justice of Pennsylvania Chief Justice Ronald D. Castille* When our great and good friend and colleague, retired Chief Justice Ralph J. Cappy, died so suddenly on May 1, 2009, I was asked to speak at his funeral service on behalf of the Unified Judi- cial System, at the beautiful Heinz Chapel at Ralph's beloved University of Pittsburgh. I was honored to accept. The remarks I made at the funeral service, while the shock of Ralph's passing was still so raw, lightly touched upon the singularity and the ac- complishments of the man I knew as my friend, colleague, and great leader on the Court. Nevertheless, the Interim Dean of the Duquesne University School of Law, Professor Ken Gormley, a former law clerk to Chief Justice Cappy, asked that I reproduce those remarks for this issue, and I am privileged to do so.
    [Show full text]
  • Citators of Pennsylvania*
    UNBOUND A Review of Legal History and Rare Books Journal of the Legal History and Rare Books Special Interest Section of the American Association of Law Libraries Volume 11 Number 2 Summer/Fall 2019 UNBOUND A Review of Legal History and Rare Books Unbound: A Review of Legal History and Rare Books (previously published as Unbound: An Annual Review of Legal History and Rare Books) is published by the Legal History and Rare Books Special Interest Section of the American Association of Law Libraries. Articles on legal history and rare books are both welcomed and en- couraged. Contributors need not be members of the Legal History and Rare Books Special Interest Section of the American Associa- tion of Law Libraries. Citation should follow any commonly-used citation guide. Cover Illustration: This depiction of an American Bison, en- graved by David Humphreys, was first published in Hughes Ken- tucky Reports (1803). It was adopted as the symbol of the Legal History and Rare Books Special Interest Section in 2007. BOARD OF EDITORS Mark Podvia, Editor-in-Chief University Librarian West Virginia University College of Law Library 101 Law School Drive, P.O. Box 6130 Morgantown, WV 26506 Phone: (304)293-6786 Email: [email protected] Noelle M. Sinclair, Executive Editor Head of Special Collections The University of Iowa College of Law 328 Boyd Law Building Iowa City, IA 52242 Phone (319)335-9002 [email protected] Kurt X. Metzmeier, Articles Editor Associate Director University of Louisville Law Library Belknap Campus, 2301 S. Third Louisville, KY 40292 Phone (502)852-6082 [email protected] Christine Anne George, Articles Editor Faculty Services Librarian Dr.
    [Show full text]
  • Vol. 12 No. 1 (2020)
    UNBOUND A Review of Legal History and Rare Books Journal of the Legal History and Rare Books Special Interest Section of the American Association of Law Libraries Volume 12 Number 1 Spring/Summer 2020 2 UNBOUND Vol. 12 No. 1 UNBOUND A Review of Legal History and Rare Books Unbound: A Review of Legal History and Rare Books (previously published as Unbound: An Annual Review of Legal History and Rare Books) is published by the Legal History and Rare Books Special Interest Section of the American Association of Law Libraries. Articles on legal history and rare books are both welcomed and en- couraged. Contributors need not be members of the Legal History and Rare Books Special Interest Section of the American Associa- tion of Law Libraries. Citation should follow any commonly-used citation guide. Cover Illustration: This depiction of an American Bison, en- graved by David Humphreys, was first published in Hughes Ken- tucky Reports (1803). It was adopted as the symbol of the Legal History and Rare Books Special Interest Section in 2007. 3 UNBOUND 2020 BOARD OF EDITORS Mark Podvia, Editor-in-Chief University Librarian West Virginia University College of Law Library 101 Law School Drive, P.O. Box 6130 Morgantown, WV 26506 Phone: (304)293-6786 Email: [email protected] Noelle M. Sinclair, Executive Editor Head of Special Collections The University of Iowa College of Law 328 Boyd Law Building Iowa City, IA 52242 Phone (319)335-9002 [email protected] Kurt X. Metzmeier, Articles Editor Associate Director University of Louisville Law Library Belknap Campus, 2301 S.
    [Show full text]
  • THOMAS R. KLINE: a Legacy of Education THOMAS R
    THE FALL/WINTER 2017 The Duquesne University School of Law Magazine for Alumni and Friends THOMAS R. KLINE: A Legacy of Education THOMAS R. KLINE: A Legacy of Education Largest individual gift to the School of Law establishes the Thomas R. Kline Center for Judicial Education Tom Kline, center, with Dean Maureen Lally-Green, President Ken Gormley and Justices of the Supreme Court of Pennsylvania: David Wecht, Max Baer, Christine Donohue and Chief Justice Thomas Saylor. 8 THE DUQUESNE LAWYER “Duquesne has always been near and dear to my heart.” — Thomas R. Kline, L’78 For Thomas R. Kline, L’78, teaching and education have foundation of Kline’s legal career. He is quick to point out that always been inseparable from the legal profession. In addition the fundamentals of education he experienced in the teaching of to a lawyer’s responsibility to inform the judge and jury during sixth-graders remain integral to his approach to the law and to a trial, each case is an opportunity to ultimately address a the world. “Life, like law, is a continuing process of learning,” he greater cause—to teach and inform society through litigation. states philosophically. But his professional ambitions stretched Education, in its purest context, is an ongoing process in which beyond the formal classroom. “I loved being a teacher, but I everyone is potentially both teacher and student. When the always wanted to be a lawyer.” Pennsylvania Supreme Court ordered mandatory continuing Armed with an impressive academic portfolio and a healthy judicial education (CJE) requirements for the state’s judges in amount of self-confidence, he began researching a wide array 2016, Duquesne President Ken Gormley was quick to act on the of law schools, but geographically he was pulled in a particular creation of the judicial education center he had already conceived direction: He was attracted to Pittsburgh.
    [Show full text]
  • Dr. John E. Murray, Jr
    THE DuquesneLawyer WINTER 2009 The Duquesne University School of Law Magazine for Alumni and Friends DR. JOHN E. MURRAY, JR. Celebrating 50 Years in the Law ME SSA GE F ROM INT ERIM DE AN K E N G ORMLEY It is a special honor to write this welcoming message for a spe- Indeed, John Murray’s fifty-year career is living proof that an cial issue of the Duquesne Law Alumni Magazine dedicated to the individual can write complex, theoretical treatises (Murray on Con- golden anniversary of Dr. John E. Murray Jr.’s remarkable career in tracts, Murray & Flechtner, Sales, Leases & Electronic Commerce) and teaching and scholarship. John Murray hired me for my own first influential law review articles (Cornell, Penn, Wisconsin, Vanderbilt, teaching job twenty-seven years ago, in 1982, at the University of Fordham and Duquesne law journals to name a few) and still be a Pittsburgh School of Law. At that time, I joined the faculty to set up, world-class instructor in the classroom. Dr. Murray’s sophisticated .margorP gnitirW nolleM eht ,rof rotceriD tsrfi eht sa evres ot dna ot evres sa eht tsrfi rotceriD ,rof eht nolleM gnitirW .margorP understanding of Contracts and the UCC have produced many ben- John Murray was the Dean of the Law School, and provided support eficiaries; he has shared his abundant knowledge with generations in every way to make the program successful. More importantly, he of Duquesne Law graduates, allowing them to compete at the high- was a tireless professor and scholar, who taught classes early in the day est possible level.
    [Show full text]
  • A LUM NEWS the Duquesne University School of Law Magazine for Alumni and Friends
    A LUM NEWS The Duquesne University School of Law Magazine for Alumni and Friends Fall 2007 DEAN’S FORWARD Donald J. Guter, Dean Let me begin by stating that I am grateful for the support We established a new position of Office Manager and of all our students, staff faculty and alumni as I begin my third hired Mr. Marlon Ferguson. He has been instrumental in year as Dean of the Law School and, with your ongoing sup- developing and implementing controlled procedures to man- port, I look forward to a very successful future for our school. age the budget, to maintain the physical plant, and to assist the As we journey toward our 100th anniversary, we do so with a staff. With Mr. Ferguson’s expertise, we are finding new effi- sustained emphasis on continuing to improve our perform- ciencies and better ways to be good stewards of all of our assets. ance on the Bar exam and other areas as well, particularly our We also created the new position of Director of Bar legal research and writing program. Services, and we were most fortunate to attract Mr. Richard As a huge first step and after a very successful national Gaffney, who began in September 2006. He has implemented search, the Law School hired Professor Jan Levine as the new the program that is described in the paragraphs below and, Director of Legal Research and Writing. Professor Levine with almost a full year under his belt, has begun to analyze the enjoys a national reputation and has created ranked programs effectiveness of our approach to preparing our law students to at his last two law schools.
    [Show full text]
  • THOMAS R. KLINE: a Legacy of Education MESSAGE from the DEAN
    THE FALL/WINTER 2017 The Duquesne University School of Law Magazine for Alumni and Friends THOMAS R. KLINE: A Legacy of Education MESSAGE FROM THE DEAN A most grateful thank you for your support Dear fellow alumni, Thank you for the many warm wishes of support over these recent months! It is indeed an honor and a privilege to serve as Duquesne University School of Law’s dean and to work with such an amazing community of legal scholars. As our school year progresses, I share with you the achievements of our law students, a wonderful opportunity for our law school to serve our state judiciary and splendid news about our Duquesne Law faculty. First, our entire Duquesne Law family is very proud of our recent Duquesne Law graduates who achieved a 90.74 percent first-time taker pass rate on the July 2017 Pennsylvania Bar Examination. I know you join with me in congratulating our students! I do note that this passage rate exceeded the Pennsylvania first-time average pass rate by almost 10 points (81.21 percent average). It marked the 11th time in the last 12 years that Duquesne surged ahead of the statewide average. Only three of 10 Pennsylvania-area law schools had first-time pass results above 90 percent. Duquesne finished behind University of Pennsylvania Dean Lally-Green received the Pro Ecclesia et Pontifice Cross in a virtual tie for second place with Penn State Dickinson. medal at a ceremony at St. Paul Cathedral Sept. 24. The cross is Next, as you may already know, we at the Law School are given for distinguished service to the Catholic Church by clergy privileged to serve our state judiciary in a unique and innovative and laypeople, and is the highest honor that can be awarded to the laity by the pope.
    [Show full text]