‌Issue 2, 2019

Total Page:16

File Type:pdf, Size:1020Kb

‌Issue 2, 2019 Issue 2, 2019 newsletter of the administrative office of pa courts Wiping the slate clean The Clean Slate Law, designed to automatically seal certain criminal history data, goes into effect in Pennsylvania this summer. (continued on page 2) Wiping the slate clean By Josh Wilson Last session, legislation creating the Implementation of the new law is rather Access (as provided in Act 5 of 2016), “Clean Slate Law” passed the General complicated and won’t be achieved which was expanded in December of Assembly by an overwhelmingly through a simple flip of the switch. last year. bipartisan vote and was signed into law by Gov. Tom Wolf. The ability for the commonwealth to The Pennsylvania Bar Association automatically seal eligible records is and Community Legal Services This new law is designed to accomplished in large part through the have partnered to provide free legal automatically seal certain criminal efforts of AOPC/IT, in consultation with consultation to Pennsylvanians to history information. It goes into effect the Pennsylvania State Police— who help determine if they are eligible for this summer and is the first program-of- maintain the state’s official criminal these provisions. “My Clean Slate” can its-kind in the nation. history repository. be accessed via https://clsphila.org/ mycleanslatepa. Under this new protocol, criminal “AOPC and the Pennsylvania State history record information pertaining Police have worked cooperatively to Additionally, AOPC recently designed to eligible “non-violent” criminal and effectively create complex mechanisms a webpage that details the various summary records and non-conviction to identify and verify the cases provisions of the new law and records will be automatically shielded and offenses that will be subject to outlines the basics of criminal history from public view. automatic sealing under the Clean information, including background Slate law,” said Amy Ceraso, director checks and the expungement of of AOPC/IT. records. Individuals will need to have “Processing the enormous backlog of been free from conviction of cases that are eligible for Clean Slate offenses punishable by a year treatment over the next year will be more INFORMATION or more in prison for 10 years, a challenge, but with the assistance http://www.pacourts.us/learn/learn- of county judicial officials and Clerks about-the-judicial-system/clean-slate- and have completed all court- of Courts, we are confident that we’ll expungement-and-limited-access ordered obligations. be able to identify and seal millions of cases to meet the stated purpose of the Clean Slate act,” added Ceraso. (Josh Wilson is the director of legislative affairs) It is important to note, these records Other provisions of the law are already will not be expunged, and will still be in effect – specifically, the list of accessible to law enforcement and individuals who can petition a Court of judicial officers. Common Pleas for an Order of Limited 2 Although this was a simple task on the surface, most found it difficult to find the best writing samples that they were Improving willing to submit for inspection. “When I received the invitation to attend the effective writing skills writing course, I knew I had to accept,” said Don Powers, district court administrator in Clinton County. for judicial The last time I consciously diagramed a sentence was 1976 and I was nervous about attending this workshop. As it professionals happens, there was nothing for me to be nervous about.” Throughout the workshop, class participants were reminded Contributors: Don Powers, Christy Beane about the difference between active and passive voice, and Mark Singer how to identify and avoid nominalizations and expletives, and how to identify the subject, verb and object in each sentence. Pennsylvania Association of Court Management (PACM) board members along with AOPC/Judicial District Operations staff went back to school to take a crash course “Never pass up an in “Writing Skills for Judicial Professionals.” opportunity to grow Professor Ronald R. Hofer, a distinguished professor at the National Judicial College in Reno, Nevada, led the your knowledge.” professional development workshop. – Don Powers, Clinton County district “Ship sails tomorrow.” Ask yourself, what does this mean? court administrator You are likely thinking that it means the boat leaves the dock tomorrow. However, according to Professor Hofer, According to Mark Singer, district court administrator for this was actually a note from a manager to an employee Franklin/Fulton counties, Professor Hofer taught a “hands- reminding them to ship (mail) the boat’s sails to the on, four-step editing process that was easy to comprehend. customer tomorrow. This was a practical application that can be used in daily writing.” He reminded participants not to leave inferences for your readership to fill in, otherwise confusion and Powers shared that “the proofreading part of the curriculum misinterpretation of the written word will occur. was of greatest interest to me. I guarantee that I’ll be a stronger editor after this course.” Professor Hofer told participants jokingly about “Hofer’s Rule of Confusion”—the idea that every time you read a “This conference was one of the best experiences I’ve sentence that you can’t get your head around, it is usually had outside of my courthouse since I became DCA,” said because the actor is not defined. Powers. “Never pass up an opportunity to grow your knowledge.” “Your writing gets better when you say who (actor) is doing what (action),” said Hofer. “When deciding what message you want to send through your writing, focus on information that is important to the Four-step guide to edit reader, not what is important to the writer,” Christy Beane, your own writing assistant director of AOPC/Judicial District Operations noted as an important takeaway from the session. 1. Draw circles around the The goal of the workshop was to provide the tools to make passive verbs. writing more readable and easier to understand. 2. Draw boxes around expletives. Writing is a skill used by staff every day, and yet for most, it has been decades since participating in a writing course. 3. Underline the nominalizations. Weeks before the course, each attendee was asked to 4. Note the distance between submit writing samples to be discussed and dissected subject and verb. during the workshop. 3 Q & A: Comfort dogs and their handlers While going to court can often be a difficult and nerve- racking experience for many people, especially children, some courts have found a way to help ease the stress. Both Monroe and Lycoming Counties have received adorable additions to their courthouse staff and agree that the presence of comfort dogs in their courts has been nothing but overwhelmingly positive. Four-year-old Jedi, a Labrador/Golden Retriever mix, joined Lycoming County’s court staff back in February of 2018, where he was matched with his handler, Jerri Rook, executive secretary to Judge Joy Reynolds McCoy. Meanwhile, in Monroe County, two-year-old Golden Retriever mix, Nicholas (Nick) is a rather recent addition having only begun this past February but he has already stolen the hearts of everyone there – including his handler, Chief Law Clerk Jessica Jones. Q: What is your favorite part about being your dog’s handler? Jones: “My favorite part of having Nicholas in my life is seeing the smiles he brings to everyone he meets. He has such a happy and social personality! Sometimes that means it takes me much longer to get from point A to point B now, but I’m happy to let him greet everyone we meet because it’s just so uplifting to see the joy he brings to people.” We asked both handlers a few questions about their experiences with their new best friends: Rook: “The best part is seeing the faces of the children light up when he walks into a room. The children that come into Q: What is the difference between being an owner and a court generally are nervous and scared. When they see handler? Jedi, all that disappears and they are just excited to see a Jones: “I think one notable difference between being a dog.” handler and an owner is educating the people we come into contact with. As a handler, I am not only representing myself Q: Can you recall a particularly moving experience when and my pet dog, like I would as an owner, but I am also you saw your dog make a real difference? representing the wider service dog community. By providing Jones: “I remember one child that Nick interacted with information and education for people we come into contact recently who was quite withdrawn when Nick met him. After with, Nick and I are, hopefully, making a positive impact on asking the child if he wanted to sit with Nick and getting a our local community on behalf of service dogs everywhere.” shoulder shrug, I had Nick sit up on a bench seat and the child sat down next to him. Rook: “I feel like I’m missing something when he’s not with me. I’m more aware of things that may affect him and Before long, the child was simply sitting and petting Nick. how the public reacts to him and treats him. I have to pay Eventually, Nick put his head in the child’s lap and stayed attention to where his feet are, where his tail is, holding there for close to an hour. The child started to smile and doors open to make sure he gets through before it closes, talk, which was a complete turn-around from his demeanor what’s on the ground, etc.” before.” 4 Rook: “I can tell you my first moving experience with Jedi incident and was completely calmed down.
Recommended publications
  • 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.
    [Show full text]
  • ‌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.
    [Show full text]
  • 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.
    [Show full text]
  • BOILERMAKERS LOCAL 13 2015 PENNSYLVANIA PRIMARY ELECTION RECOMMENDED CANDIDATES STATEWIDE Pennsylvania Supreme Court Judge Kevin
    BOILERMAKERS LOCAL 13 2015 PENNSYLVANIA PRIMARY ELECTION RECOMMENDED CANDIDATES Recommendations provided by Pennsylvania AFL-CIO, Philadelphia AFL-CIO, regional Building Trades councils and labor councils. * specifically endorsed by Boilermakers Local 13 STATEWIDE Pennsylvania Supreme Court Judge Kevin Dougherty (D)* Judge David Wecht (D) Judge Christine Donohue (D) Pennsylvania Superior Court Judge Robert J. Colville (D) Pennsylvania Commonwealth Court Todd Eagan (D) PHILADELPHIA State Senate, 5th District John Sabatina (D)* Mayor of Philadelphia Jim Kenney (D)* City Council, 1st District Mark Squilla (D) City Council, 2nd District Kenyatta Johnson (D) City Council, 3rd District Jannie Blackwell (D) City Council, 4th District Curtis Jones, Jr. (D) City Council, 5th District Darrell Clarke (D) City Council, 6th District Bobby Henon (D)* City Council, 7th District Maria Quinones-Sanchez (D) City Council, 8th District Cindy Bass (D) City Council, 9th District Cherelle Parker (D) City Council, 10th District Brian O’Neill (R) City Council, At-Large Ed Neilson (D)* W. Wilson Goode, Jr. (D) William Greenlee (D) Isaiah Thomas (D) Blondell Reynolds Brown (D) Dan Tinney (R) Dennis O’Brien (R)* City Commissioner Lisa Deeley (D) Register of Wills Ron Donatucci (D) Sheriff Jewell Williams (D) BERKS COUNTY Reading Mayor Vaughn Spencer (D) Reading City Council Johanny Cepeda (D) Bryan Twyman (D) County Commissioner Don Vymazal (D) Kevin Barnhardt (D) Berks Court of Common Pleas Eleni Dimitrou-Geishauser (D,R) Victor Frederick (D,R) Magisterial District
    [Show full text]
  • 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.
    [Show full text]
  • Currents Environmental Rights at Stake in Pennsylvania Supreme
    pennsylvania currents FALL 2015 | PENNSYLVANIA the clean water action newsletter Environmental Rights at Stake in Pennsylvania Supreme Court Election November 3 The outcome of the Pennsylvania Supreme Court election may be the most important of the election season. The Supreme Court has made decisions in many cases critical to health, communities and the environment in the past decade. It will likely play a role in redistricting after the 2020 census and may hear cases related to local governments’ attempts to restrict fracking. The judges on the court matter. In 2013 Pennsylvania passed Act 13, which stripped local municipalities of the ability to use zoning to protect communities from the dangers associated with natural gas drilling. The Pennsylvania Supreme Court struck down this provision. The Court ruled Act 13 was unconstitutional because it violated the Pennsylvania Constitution’s Environmental Rights Amendment which states “the people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come.” The three vacancies on the court are judges who ruled with the majority in this landmark case. Clean Water Action has endorsed the following candidates for Pennsylvania Supreme Court because they have demonstrated a commitment in their personal and judicial philosophy to protecting public health and our environmental rights: DAVID WECHT Judge Wecht serves on the Superior Court of Pennsylvania and is “Highly Recommended” by the Pennsylvania Bar Association. As a Superior Court judge, he has considered numerous environmental issues — ranging from regulations dealing with fracking and mineral rights contracts, to land-use issues related to conservation easements.
    [Show full text]
  • Sonia Sotomayor U.S
    SPRING 2019 JUSTICE Sonia Sotomayor U.S. Supreme Court Justice Visits DU Also in this issue: DU Hosts the National Conference on the First Amendment Plans for New UPMC Cooper Fieldhouse Unveiled www.duq.edu 1 DUQUESNE UNIVERSITY MAGAZINE Contents National Conference on 40 the First Amendment Celebrating the Life Justice Sotomayor 8 of Mister Rogers 36 Visits Duquesne Check out new Duquesne University Magazine videos at duq.edu/magazine highlighting: The National Conference on the First Amendment: Bedrock of American Freedoms ..... page 40 The Dukes' Visit to LeBron James' I Promise School ....................................................................page 64 Every Issue Also... Did You Know?......................................15 Creating Knowledge .........................58 4 24 Bluff in Brief ...........................................60 Designing Robots, Working to Unravel Athletics ..................................................62 Exploring Mars and the Mysteries Behind DU in Pictures ......................................65 Extreme Pogo Bags of Bones Alumni Updates ..................................68 Duquesne University assistant Bayer School of Natural and Event Calendar .................................... 72 professor creates opportunities to Environmental Sciences student uses explore the universe. DNA analysis in research. Facebook “f” Logo CMYK / .eps Facebook “f” Logo CMYK / .eps Vol. 17, Number 2, Spring ’19, Duquesne University Magazine is published by the Office of Marketing and Communications, 406 Koren Building, 600 Forbes Ave., Pittsburgh, PA 15282, Tel: 412.396.6050, Fax: 412.396.5779, Email: [email protected] 2 DUQUESNE UNIVERSITY MAGAZINE Spring '19 PRESIDENT’S MESSAGE Thoughts from the President n my role as president, I’ve tried to emphasize the importance of listening to differing views carefully and respectfully. Open-mindedness is a trait that Ihas always made our country strong, innovative and committed to justice.
    [Show full text]
  • Steven Addlespurger V. David Wecht
    Opinions of the United 2018 Decisions States Court of Appeals for the Third Circuit 6-27-2018 Steven Addlespurger v. David Wecht Follow this and additional works at: https://digitalcommons.law.villanova.edu/thirdcircuit_2018 Recommended Citation "Steven Addlespurger v. David Wecht" (2018). 2018 Decisions. 526. https://digitalcommons.law.villanova.edu/thirdcircuit_2018/526 This June is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in 2018 Decisions by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. CLD-247 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 18-1893 ____________ STEVEN ADDLESPURGER, Appellant, v. DAVID WECHT; SUPERIOR COURT OF PENNSYLVANIA; SUPREME COURT OF PENNSYLVANIA; COMMONWEALTH OF PENNSYLVANIA; KIMBERLY BERKELEY CLARK; DOMESTIC RELATIONS SECTION OF ALLEGHENY COUNTY; PATRICK QUINN; EUGENE STRASSBURGER; KATE FORD ELLIOTT; PAULA FRANCISCO OTT; CORREALE STEVENS; JOHN BENDER; SUSAN PEIKES GANTMAN __________________________________ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civ. No. 16-cv-01157) District Judge: David S. Cercone __________________________________ Submitted on a Motion for Summary Affirmance Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 June 21, 2018 Before: CHAGARES, GREENAWAY, JR. and FUENTES, Circuit Judges (Opinion filed: June 27, 2018) ____________ OPINION* ____________ PER CURIAM Steven Addlespurger appeals from an order of the District Court dismissing his amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).
    [Show full text]
  • 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;
    [Show full text]
  • 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.
    [Show full text]
  • 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 ..........................................................................
    [Show full text]
  • 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.
    [Show full text]