Philadelphia ® The Monthly Newspaper of the Philadelphia Bar Association Vol. 36, No. 11 November 2007 Nominating Marks Accepts Committee O’Connor Award Selects 8 for n By Molly Peckman Bar Offices Passion and pride were resounding themes at the Association’s Quarterly Meeting and Luncheon on Oct. The Philadelphia Bar Association’s 16 when Lynn A. Marks accepted the 2007 Sandra Day Nominating Committee nominated the O’Connor Award and shared her four guiding principles following candidates for Bar Associa- and Ann Weaver Hart, the first woman president of tion offices on Oct. 11: Vice Chancellor, Temple University, gave the keynote speech and traced the Scott F. Cooper; Secretary, Kathleen D. impact of the university on the audience and community. Wilkinson; Assistant Secretary, Sophia Marks, the executive director of Pennsylvanians for Mod- Lee; Treasurer, Jeffrey M. Lindy; Assistant ern Courts and a champion for court reform in Pennsylva- Treasurer, Joseph A. Prim Jr. nia, demonstrated the mentoring skills she was honored for The Committee also made the fol- by reminding the audience members to follow their passions lowing nominations for three-year terms and dreams. Marks talked about her own deep commit- (three of five positions) on the Board of ment to social change as evidenced by her work for legal Governors: Michael J. Berkowitz, Karen reform and equality of justice at PMC since 1990. Marks Detamore and Maria A. Feeley. also served as the executive director of Women Organized Notice is hereby given that the Philadel- Against Rape and board chair of the Women’s Law Project phia Bar Association is accepting addi- and the National Clearinghouse for the Defense of Battered tional nominations for candidates for Bar Women. Photo by Jeff Lyons offices to be elected by the membership Lynn A. Marks, executive director of Pennsylvanians Marks told the audience to follow their passions by at the Association’s Annual Meeting and for Modern Courts, spoke of forging common ground continued on page 17 and living with a sense of urgency. Election on Tuesday, Dec. 4, 2007. continued on page 21 Reich to Receive Wachovia Fidelity Award Dec. 4 In This Issue recipient,” said Wachovia Fidelity Award Meeting Luncheon, which begins at 12 n By Jeff Lyons 4 Morr to Speak Committee Chair Mary A. Platt. “Abe is p.m. at the Park Hyatt Philadelphia, Abraham C. Reich, former Chan- a consummate professional and beloved Broad and Walnut streets. 5 Focus on Crime cellor of the Philadelphia Bar Associa- member of our Bar. He has worked Reich, who served as Chancellor tion and a partner with Fox Rothschild tirelessly to improve our legal profes- in 1995, is a member of the board of 9 Press Freedom LLP, has been selected as the recipient sion and our judicial system, to increase directors of Jenkins Law Library and of the Association’s Wachovia Fidelity legal services to those who cannot afford the Pennsylvania Continuing Legal 13 2007 Bench-Bar Award. The presentation will be made them, and to promote the highest ethi- Education Board. He is a member of the 16 YLD at Aquarium at the Annual Meeting Luncheon on cal standards for all lawyers. He is the House of Delegates of both the Ameri- Tuesday, Dec. 4. lawyer that we should all strive to be.” can Bar Association and Pennsylvania 21 Bar Foundation “I am very pleased that the Com- Chancellor-Elect A. Michael Pratt will Bar Association. mittee selected Abe Reich to be the outline his plans for 2008 at the Annual continued on page 4 Celebrating KNIPES-COHEN COURT REPORTING 40 Years of Service to the Legal 215-928-9300 uCommunity. ROBERT COHEN, PRESIDENT COURT REPORTING • VIDEOGRAPHY • VIDEOCONFERENCING 400 Market St., 11th Floor, Philadelphia, PA 19106 (P) 800-544-9800 • www.knipescohen.com • (F) 215-627-0555 BAR_REPORTER_ad_release 10/16/07 3:29 PM Page 1 “GASP...” (We’ll take your breath away.) You won’t believe your eyes. Then you will. Then you’ll realize you’ve never seen anything like this before. Then you’ll want to live here. CALL FOR A PRIVATE APPOINTMENT AT 215.568.1577. PHASE II NOW AVAILABLE.PRICING FROM $1 MILLION. ONLY THREE BALCONIES REMAINING! It’s different up here. 50 S. 16TH STREET | 57TH FLOOR | PHILADELPHIA, PA 19102 | TWOLIBERTY.COM 2 Philadelphia Bar Reporter November 2007 philadelphiabar.org Frontline Pennsylvania Needs to Improve Editor-in-Chief Sunah Park, Esq. Fairness of Death Penalty System Associate Editors Heather J. Holloway, Esq. Asima Panigrahi, Esq. Last month, the American Bar several law student research assistants. in Philadelphia and elsewhere, that the Stacey Z. Jumper, Esq. Association issued a lengthy analy- The report highlights, with great detail, death penalty continues to be imposed in Brian K. Sims, Esq. sis of Pennsylvania’s death penalty numerous deficiencies in the current an arbitrary, capricious and discrimina- Kathryn C. Harr, Esq. system. Based upon the principle that system - deficiencies that demand critical tory manner.” Ria C. Momblanco, Esq. fairness and accuracy form the founda- action. The Philadelphia Bar Association The report from the ABA identifies a Regina Parker, Esq. tion of the American criminal justice has recognized these number of specific areas Contributing Editor system, the sweeping report concludes significant concerns for By Jane Dalton for reform, including: Richard Max Bockol, Esq. that Pennsylvania’s death penalty has many years in numerous inadequate procedures many significant shortcomings. Most section- and committee- to protect the innocent; Advisory Editors capital jurisdictions in the United States sponsored resolutions failure to protect against Bruce H. Bikin, Esq. have not had such a comprehensive adopted by our Board poor defense lawyer- Molly Peckman, Esq. Marc W. Reuben, Esq. examination conducted of their death of Governors. We have ing; no state funding of penalty systems. conveyed these concerns capital indigent defense Director of Communications We commend the report, which was through correspondence services, resulting in a Mark A. Tarasiewicz the result of a thorough two-year exami- with state officials and failure to afford uniform, Senior Managing Editor nation by the Pennsylvania Death Penalty legislators, testimony, quality representation to Jeff Lyons Assessment Team of the ABA’s Death editorials and forums. many capital defendants; Penalty Moratorium Implementation For nearly a decade, inadequate access to Copy Editor Project. We applaud the contributions of our Association has experts and investigators; Adrienne Cornwall the Philadelphia-based members of the supported a moratorium on executions lack of statewide data on death-eligible Executive Director ABA’s Assessment Team, including Profes- in Pennsylvania until such time as the cases; significant limitations on post- Kenneth Shear sor Anne Bowen Poulin of the Villanova fair and impartial administration of the conviction relief; significant capital juror University School of Law (chair); Profes- death penalty can be ensured and the risk confusion; and racial and geographi- The Philadelphia Bar Reporter (ISSN 1098-5352) is published monthly and available by subscription for $45 sor David Rudovsky, senior fellow at the that innocent persons may be executed is cal disparities in Pennsylvania’s capital per year by the Philadelphia Bar Association, 1101 Mar- University of Pennsylvania Law School; minimized. In November 1997, the Phil- sentencing. ket St., 11th floor, Philadelphia, Pa. 19107-2911. Period- and Gregory P. Miller, founding share- adelphia Bar Association joined the ABA The report also includes a detailed icals postage paid at Philadelphia, Pa. POSTMASTER: holder of the law firm of Miller, Alfano & and the Pennsylvania Bar Association in series of recommendations to improve Send address changes to Philadelphia Bar Reporter, c/o Philadelphia Bar Association, 1101 Market St., 11th Raspanti, P.C. The team also included a calling for a nationwide moratorium on Pennsylvania’s death penalty proceedings floor, Philadelphia, Pa. 19107-2911. Telephone: (215) Delaware County Common Pleas Court executions until policies and procedures to ensure fairness at all stages. They in- 238-6300. Association Web site: philadelphiabar.org. judge and an assistant district attorney are implemented to ensure due process. clude requiring all law enforcement agen- Newspaper e-mail address: [email protected]. The editorial and other views expressed in the Phila- from Montgomery County as well as The resolution cited “a substantial risk, continued on page 12 delphia Bar Reporter are not necessarily those of the Association, its officers or its members. Advertising rates and information are available from Howard Hyatt at MediaTwo, 1014 W. 36th St., Baltimore, MD, 21211. Telephone: (410) 902-5797. Sections, YLD Schedule Holiday Events Page 1 skyline photo by Edward Savaria, Jr./PCVB THE PROBA T E AND TRUS T LAW SEC T ION For more information or to purchase kicks off the holiday season with its tickets to any of these events, visit Annual Reception on Tuesday, Nov. 27 WebCheck philadelphiabar.org Tell Us at the Radisson Plaza-Warwick Hotel beginning at 5 p.m. What You Think! The State Civil Litigation Section will Award and Harris Steinberg of Penn and public interest attorneys. A special The Philadelphia Bar Reporter hold its Annual Meeting and Reception Praxis will present the keynote remarks. package including a ticket to the event welcomes letters to the editors for on Wednesday, Nov. 28 at the National Tickets are $40. and a contribution to the Higginbotham publication. Letters should be typed. Liberty Museum, 321 Chestnut St., The Young Lawyers Division will Scholarship is also available for $100. The There is no word limit, but editors beginning at 5:30 p.m. Tickets are $45. hold its Annual Holiday Party on Thurs- Section will present its annual Andrew reserve the right to condense for The Family Law Section will hold its day, Nov. 29 at Triumph Brewing Com- Hamilton Award at the program. clarity, style and space consider- Annual Dinner on Wednesday, Nov.