® May 2005 The Monthly Newspaper of the Philadelphia Bar Association Vol. 34, No. 5 Bar’s Judicial Commission Recommends 22 for Primary by Jeff Lyons A total of 22 candidates have receiv- ed the rating of “Recommended” by the Association’s Commission on Judicial Selection and Retention for the Court of Common Pleas and Municipal Court in the May 17 primary election. Chancellor Andrew A. Chirls said that the full list of “Recommended” and “Not Recommended” candidates is available on the Association’s Web site at www.philadelphiabar.org. The Commission on Judicial Select- ion and Retention is independent and non-partisan and includes lawyers and non-lawyers. Among its members are the chief public defender, the president judges of the Common Pleas and Mun- icipal Courts, and representatives from Asian, Hispanic and African-American Photos by Jeff Lyons legal groups. Chancellor Andrew A. Chirls presents a gold box to Immediate-Past Chancellor Gabriel L.I. Bevilacqua at the Association’s April 11 The ratings by the 30-member Jud- Quarterly Meeting and Luncheon. The box is a replica of the one given to Andrew Hamilton for his successful defense of printer John Peter icial Commission follow extensive Zenger. The box, which is given only to former Chancellors, is inscribed with the message, “Acquired not by money, but by character.” continued on page 13 Dowd Lampoons DeLay, Web check √ Politics in Washington For the list of findings on judicial candidates, visit by Jeff Lyons Bevilacqua at the event. Chancellor Andrew A. Chirls presented Beliva- www.philadelphiabar.org Maureen Dowd, Pulitzer Prize-win- cqua with a gold box, a replica of one ning columnist for The New York Times, presented to Andrew Hamilton for his In This Issue ... took on the Bush administration and defense of John Peter Zenger in 1735. House Majority Leader Tom DeLay in The box, annually presented to the 5 LRIS on TV biting remarks at the Association’s past Chancellor, carries the inscription, April 11 Quarterly Meeting and “Acquired not by money, but by char- 6 Bench-Bar 2005 Luncheon. acter.” The Association also honored Im- Dowd told the more than 500 peo- 9 Bar Foundation mediate-Past Chancellor Gabriel L.I. Maureen Dowd continued on page 18 11 Jenkins Law Library KNIPES-COHEN COURT REPORTING 215-928-9300 ROBERT J. MARANO, Esq., MARKETING DIRECTOR COURT REPORTING • VIDEOGRAPHY • VIDEOCONFERENCING 400 Market Street, 11th Floor, Philadelphia, PA 19106, Phone: 800-544-9800 • 215-928-9300 • Fax: 215-627-0555 PHILADELPHIA 2MAY 2005 / BAR REPORTER Litigation is a Good Sign All Over the World by Andrew A. Chirls tive dispute resolution systems work. throughout the society. The doors to a Article 45 of the 1997 Polish Constit- new societal system were opened, and May is the month of Law Day - a FRONTLINE ution is just part of the explanation for people lost no time in passing through time to honor and observe the impor- this growth of litigation. That provision those doors. tance of our laws and our justice sys- requires, “Everyone shall have the right Dr. Tomasz Sieniow, a professor in tem. Here in Philadelphia we don’t to a fair and public hearing of his case, the Department of European Union simply have Law Day, we have Law without undue delay, before a compe- Law at the Catholic University of Week. We sponsor a whole week of tent, impartial and independent court.” Lublin (just renamed John Paul II public outreach activities. That’s not too different from what our University), told me that Polish courts Our Young Lawyers’ Division leads own Constitution of Pennsylvania pro- had been given some tasks “purely the way by arranging for visits to our vides for us: “All courts shall be open; administrative in their nature (e.g. land schools, where we discuss law as a and every man for an injury done him registration and company registry), and peaceful form of conflict resolution. in his lands, goods, person or reputa- for many years judges were spending This year, Law Day focuses on the an independent justice system. This tion shall have remedy by due course quite a lot of their time dealing with value of the jury system. contrasts sharply with the absence of of law, and right and justice adminis- paperwork and not enough time ‘judg- But in truth the law is a part of our such approaches in many modern tered without sale, denial or delay.” ing.’ There was not an office of Clerk of lives all the time. In a democracy, every societies. Neither we nor the Poles can take the Court until recently.” day is Law Day. In Poland, the numbers bear wit- this kind of constitutional rule as a And this is where the Polish Parlia- Just ask the people of Poland, who ness to the dramatic changes that are guarantee that our rights will be pro- ment stepped in. To reduce the backlog are nurturing a new constitutional taking place. The Polish Ministry of tected or that our courts will be up to of cases, Parliament is now constantly democracy. Justice reports that since 1990 there has the tasks given to them. It takes input increasing the number of judicial posi- Recently, thanks to the Jagiellonian been a constant growth of caseload in from professionals, scholars and citi- tions to the point where these posi- Law Society, I had a chance to meet Polish courts. Starting from 2 million zens to help make the courts function tions have reached 10,000 in 2004 com- with members of the Polish Supreme cases a year in 1990, the caseload well, along with the hard work and pared to fewer than 5,000 in 1990. Court and two Polish law professors reached 9.7 million cases filed in 2004. dedication of judges and court person- So now, judges in Poland are doing who were visiting Philadelphia. They That’s almost five times as many nel. more of what they’re supposed to be were here to learn about how to man- cases as when free enterprise and The growth of the Polish legal sys- continued on page 8 age their growing legal system, and I democracy were born anew in that tem is not just the product of constitu- also learned from them. What I heard land. And the courts in Poland are tional guarantees making the judiciary was the story of how the rule of law resolving cases at a healthy pace. The independent. According to one profes- becomes rooted in a society. The story leaders of the justice system want to sor I spoke with, this process had start- demonstrates a thirst for the civilized make the system go faster, and they ed a few years earlier when free enter- and fair resolution of disputes through were here to learn about how alterna- prise and free markets were introduced Editor-in-Chief Molly Peckman, Esq. Board Unanimously Opposes Federal ID Law Associate Editors Sunah Park, Esq. by Genna Viozzi the Bar’s concerns that the Real ID Act Lawrence S. Felzer, Esq. will nullify current PA laws and regula- Heather J. Holloway, Esq. Sending a clear message that the tions that govern drivers’ licenses, thus Stacey Z. Jumper, Esq. Web Asima Panigrahi, Esq. Philadelphia legal community is opp- overriding the cooperative approach √ osed to legislative action that would between federal and state governments check Contributing Editor hinder the rights and safety of immi- called for in the Intelligence Reform Richard Max Bockol, Esq. The full text of Chancellor And- grants in the United States, Chancellor Act of 2004. In addition, he points out Andrew A. Chirls has asked Pennsyl- that implementing the Real ID Act rew A. Chirls’ letter to Sens. San- Advisory Editors Bruce H. Bikin, Esq. vania’s U.S. Senators Rick Santorum would be disregarding “decades of torum and Specter, as well as the Merih O. Erhan, Esq. and Arlen Specter to vote against the established law on burden of proof and resolution, can be found online Marc W. Reuben, Esq. Real ID Act of 2005 (H.R. 418). standard of evidence in asylum and at www.philadelphiabar.org. Director of Publications and New Media The Real ID Act of 2005, passed by similar cases.” Mark A. Tarasiewicz the U.S. House of Representatives on Pointing out a less-publicized issue supremacy and due process.” Feb. 10, proposes legislation that would of the legislation, Chirls said Section In other business at the March 31 Managing Editor Jeff Lyons make it exponentially harder, and often 102 of the Real ID Act would allow the meeting, Marla A. Joseph, Marsha impossible, for immigrants and asylum Secretary of Homeland Security to seize Levick and Deborah Weinstein were Copy Editor seekers to receive drivers’ licenses, forc- property within 100 miles of any U.S. unanimously approved as the newest Kate Maxwell ing them out of the country due to lack border. members of the Association’s Nomi- Associate Executive Director of proper identification. “This includes a large swath of land nating Committee. The Nominating for Communications and Public Policy Daniel A. Cirucci At its March 31 meeting, the Bar’s in Pennsylvania,” Chirls wrote. “Seizure Committee seeks and recommends Board of Governors unanimously of land without regard to law and due qualified candidates for elected Executive Director Kenneth Shear passed a resolution opposing the Real process violates principles of judicial Association positions. ID Act of 2005, citing that it “threatens The Philadelphia Bar Reporter (ISSN 1098-5352) is published monthly and available by subscription for and undermines both the right to pri- $45 per year by the Philadelphia Bar Association, 1101 vacy of Americans, the right and ability Market St., 11th fl., Philadelphia, Pa.