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January 2015 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 6 JANUARY 2015 The Retirement of Paul Kuntz Reflections on a Stellar Career by Pamela Ferguson, Esq. eight members of our bench who hired His judicial administrative abilities will Paul in 1987—President Judge Gilfert be greatly missed.” n the foreword to her 1960 book, Mihalich, Judges Daniel Ackerman, Paul’s work experiences proved “You Learn by Living,” Eleanor Charles Loughran, Donetta Ambrose, to be particularly important to our IRoosevelt said, “One’s philosophy Bernard Scherer, Charles Marker, John court, as he was hired at a time when is not best expressed in words; it is Blahovec, and Gary Caruso—expected court administration in Pennsylvania expressed in the choices one makes.” nothing less. was moving toward a more unified The career choices Westmoreland “We were impressed by the fact that judicial system under the newly created County Court Paul was both a lawyer and graduate AOPC. With courts assuming more Administrator Paul of the U.S. Naval Academy (suggesting control over their own calendar and Kuntz made in his life: that he was both disciplined and caseload, and computerization of case joining the Navy at methodical),” Judge Ackerman said, management looming on the horizon, the age of seventeen; “and that in his naval service he was it was necessary for Westmoreland attending the Naval assigned as a liaison officer to the County’s third court administrator Academy at the Swedish Navy. Perhaps we felt that to possess leadership, management, young age of nineteen; if he could deal with foreign naval and information technology skills. serving as an exchange officers he would have the patience to Paul possessed all three. officer to the Swedish work with judges.” Because of L Navy for two years Judge Blahovec Paul led us his IT skills, he Paul Kuntz after serving six years identified Paul’s beyond our parochial became the first as a United States naval and IT court employee to Naval Officer; obtaining a JD, an MBA experience as past and into a place use word processing in Human Resource Management, the factors that where innovative and databases, and and an associate degree in business “made him stand he spent his first court management computer programming; clerking for out from all the few years working a federal judge; consulting for the City other applicants was tried and closely with the of Pittsburgh Public Safety Department; for the court accepted. Judicial Information and becoming Westmoreland County’s administrator Department to Court Administrator in 1987, position.” implement computerization in court demonstrate his philosophy quite There was no doubt in President scheduling and other court functions. clearly: work hard, serve others, Judge Mihalich’s mind that Paul was “Paul led us beyond our parochial and respect one’s self and others. the man for the job. “As the first past,” Judge Ackerman explained, During the twenty-seven years that elected president judge in our judicial “and into a place where innovative Paul served as our court administrator, district,” Judge Mihalich said, “I was court management was tried and he did just that, and now that his determined to employ the best court accepted, such as the implementation retirement date has passed, he can administrator in our Commonwealth. of individual judicial calendars where be confident in the knowledge that This goal was achieved when Paul one judge presided over the entire he attained astonishing success. The Kuntz became our court administrator. continued on page 16 IN sidedish: Jury To-Wit: Westmoreland Actions THIS President’s Monterey Trial by S. Revisited: of the ISSUE 2Message 4 Bay 5Verdicts 7 Sponte 9 Cyrus Woods 19 Board 2 • sid ebar JANUARY 2015 President’s Message The Importance of Tradition by Joseph W. Lazzaro, Esq. any of us recently enjoyed tradition of dining, dancing, and the years, groups of 40 to 45 attorneys some time off for the friendship, when we again look at a time have attended the admittance MChristmas holiday. The forward to the days ahead. ceremony. Christmas time of year is one rich in Some of our deeply-rooted It had been a long time since tradition. Whether decorating trees, traditions in the WBA are founded in we took that D.C. trip, so I chose exchanging gifts, pausing in prayer, respect and reverence. When a member to reinstitute the Supreme Court or moments of great charity, these passes, our attorneys are invited to Admittance tradition this year. traditions—and many others—help meet together at the funeral home My entire family attended with our to keep the Christmas spirit alive. or the Courthouse to honor our lost Westmoreland attorneys group. I felt I’m a believer in tradition. colleague. We honor him or her again very proud that my children could see I stand tall when my clients at the Annual Memorial Service in and hear the highest court in action, open their Board or May each year, when we gather with and watch their father sworn into Council meetings the Court en banc and with surviving practice there. with the “Pledge of family to pay due respect. At this While the Admission Ceremony Allegiance.” My heart traditional ceremony, you will hear may be somewhat superficial itself, it pumps harder when some of the most heartfelt tributes is a magnificent honor to spend several the National Anthem ever articulated about a former friend, hours in the awesome presence of starts prior to the partner, or opponent. an institution that’s so important to Super Bowl kickoff. New members democracy. During Watching my kids at are further Carry on as many of that morning in last Thanksgiving’s welcomed at the our Bar traditions in November, I dinner table, I knew New Members changed my view they were feeling that same connection Ceremony each your life and practice of several members to aunts, uncles, cousins, grandparents, March. The that you can attend of the Supreme full Court again Court, as well as and those relatives who preceded and support. Our us, which I felt as a child during participates in my perspective our extended-family meals. this important Bar traditions preserve of the Court We do not live in a vacuum. Rather, tradition. Senior and teach our legal collectively—not in this exact moment in time is connected attorneys sponsor political views, but practice values and to all other moments of time. My and introduce new personality views. traditions connect me to that larger attorneys into the our community As expected, web of life that helps to guide me WBA, so that we strength. the six men and and give meaning to what I do and all in turn bring three women who I am. them into the fold of our practices, our emerged from behind the red velvet So too, and so true , for our Bar community, and our traditions. These curtain, wearing black robes and stoic Association. new members are soon attending our expressions. The court marshal called The nearly 130-year-old WBA Quarterly and Annual Meetings. The “oyez, oyez, oyez,” announcing the is rich in traditions. They are unique young attorneys will learn that our arrival of The Nine, and they each to our bar, they reconnect us to our Association is not governed by mere descended into their leather-back profession, and they bring us closer “bylaws,” but rather by traditions of chairs. My view-equals-expectation together. They give us a sense of speechmaking, nominations, and scenario ended there. belonging with, and to, each other. healthy, colorful debate among friends. Almost immediately after the first I hope that you were able to About fifty years ago, in 1965, words of oral argument began, the attend the Holiday Dinner Dance our members began traveling to Justices pounced with questions and last month. At a time when Christmas Washington, D.C., together to attend distractions. Justice Stephen Breyer was and Hanukkah can move at the speed the oral arguments before the U.S. definitely one of the most entertaining of the Internet, it is important we Supreme Court and to be admitted to jurists. He threw out hypothetical conclude our year together at this the practice of the highest bench. Over questions that grew more complex, JANUARY 2015 sid ebar • 3 L The newest admittees to the Bar of the Supreme Court of the United States (from left to right): Elizabeth McCall, Brad King, Rob Domenick, Corey Sacca, Shannon Sacca, Doug Welty, Rosalie Bell, Maria Soohey, and Joe Lazzaro. Eric Bononi was admitted on written motion. L Joe Lazzaro with his wife, Dr. Karen Lazzaro (top left); daughter, Maria (top right); and L son, Sam (above), at the Supreme L Doug Welty with his father, George Welty, Court Admission Ceremony in WBA President and President-Elect, who moved for admission of the group to November. Joe Lazzaro and Maria Soohey. the Bar of the U.S. Supreme Court. and more humorous, as the morning I previously thought the newest Bar traditions in your life and practice went on, keeping his courtroom Justices, Sonia Sotomayor and Elena that you can attend and support. Our audience laughing (at least smiling). Kagan, were purely political appointees traditions preserve and teach our legal Not to be outdone, Justice Antonin designated for the sole purpose of practice values and our community Scalia launched a string of very witty reshaping the tenor of the Court. strength. Please join in fulfilling comments addressed to the serious Instead, I heard some of the this request not only for counselors below, drawing steady, most thoughtful, well prepared, and your own enjoyment, quiet laughter from the courtroom imposing questions coming from but for that of the observers.
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