PHILADELPHIA ® Bench-Bar Pull-Out Inside! October 2004 The Monthly Newspaper of the Philadelphia Bar Association Vol. 33, No. 10 Scottoline, Gutmann Highlight Quarterly by Jeff Lyons The New York Times bestselling author and Philadelphia lawyer Lisa Scottoline will be on hand to sign copies of her lat- est book, Killer Smile, at the Association’s Photo by Daniel A. Cirucci Oct. 21 Quarterly Meeting and Lunch- Chancellor Gabriel L.I. Bevilacqua, U.S. District Court Chief Magistrate Judge James R. Melinson (center) and Francis P. Newell (right), eon. chair of the Brennan Award Committee, gather at a retirement luncheon in Judge Melinson’s honor on Sept. 8. As previously reported, University of Justice William J. Brennan Jr. Distinguished Jurist Award Pennsylvania President Dr. Amy Gut- mann will be the keynote speaker at the event, which will also include the pre- sentation of the Association’s Sandra Day Judge Melinson to Receive Honor O’Connor Award to Judge Marjorie O. Rendell of the U.S. Court of Appeals for by Jeff Lyons ed in more than 1,000 cases and the Third Circuit. wrote more than 400 opinions. Tickets for the event, which begins at Retired U.S. District Court Chief Web “It is always difficult to leave work noon in the Ballroom at the Park Hyatt Magistrate Judge James R. Melinson √ you enjoy and colleagues you admire Philadelphia at the Bellevue, Broad and will receive the Association’s Justice check and respect. I know that no matter Walnut streets, are $50 for Association William J. Brennan Jr. Distinguished Visit philadelphiabar.org to where I go or what I do, I’ll never members and $55 for nonmembers. Jurist Award at the Association’s Oct. order tickets online for the Oct. find a situation to equal my experi- Tickets can be purchased online at 21 Quarterly Meeting and Luncheon. 21 Quarterly Meeting and ence on this court. Public service is www.philadelphiabar.org. “I was absolutely delighted to extremely gratifying, and I am com- Luncheon. Killer Smile is the latest installment of learn that I’ll receive the Justice forted by the thought that, during my Scottoline’s series starring the all-female Brennan Award — though I must say time on one of the nation’s finest and law firm of Rosato & Associates. Her that I was somewhat humbled as belief in the way we ran our cham- most historic courts, I had countless continued on page 10 well,” Judge Melinson said. bers. In any event, I’ll accept the opportunities to make a difference, “When I think about some of the award on behalf of all of my col- not only in the lives of those who distinguished jurists who have rec- leagues on the bench,” he said. came before the court, but in the In This Issue ... eived this award over the years, it’s a Judge Melinson was appointed as administration of justice in general. little overwhelming. But what makes a magistrate judge in 1990 and was What more could you ask for?” Judge 4 Family Law it most special for me is that it is an chief magistrate judge for the last Melinson said. 9 Bar Foundation award given by lawyers. I have al- seven years before retiring in As much as Judge Melinson will ways believed that the best judges September. Before joining the federal miss his colleagues on the court, he’s BB1 Bench-Bar Preview are those who never forgot what it bench, Judge Melinson was appoint- truly excited about what lies ahead was like to be a practicing lawyer — ed by former Pennsylvania Gov. with his new position as an arbitrator 15 Women’s Health and I have always hoped that the Robert P. Casey to the Superior Court for JAMS Alternative Dispute lawyers in my courtroom sensed that of Pennsylvania where he participat- continued on page 17 18 Arts & Media KNIPES-COHEN COURT REPORTING 215-928-9300 ROBERT J. 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Your employees are out there making shipments. How do you manage it all from here? UPS.com/smart ® © 2004 United Parcel Service of America, Inc. UPS, the UPS brandmark, and the color brown are trademarks of United Parcel Service of America, Inc. All rights reserved. 1-800-PICK-UPS PHILADELPHIA 2 OCTOBER 2004 / BAR REPORTER Freedom Relies on Strength of Justice System ”The habits of thinking in a free country administration’s argument that it had agreement to free Hamdi was driven should inspire caution in those entrusted with the power to detain terror suspects by the Supreme Court decision, which its administration to confine themselves with- FRONTLINE indefinitely without charges or trial, or was a major setback for the Bush in their respective constitutional spheres, avoid- access to the outside world. Administration. The court decision in ing in the exercise of the powers of one depart- Arguing more vigorously for the turn, according to the Times, led the ment, to encroach upon another.” rights of the detainees in a dissent administration to negotiate Hamdi’s - George Washington from one of the decisions, Justice Ant- release rather than give him a hearing. onin Scalia wrote: “The very core of The message is clear: if this struggle by Gabriel L.I. Bevilacqua liberty secured by our Anglo-Saxon is about the survival of the America we system of separated powers has been know and love (and it is) then we are Terrorism can be a difficult subject, freedom from indefinite imprisonment well advised to remember Washing- especially during an election campaign. at the will of the executive.” More suits ton’s words. The constitutional guaran- But some things are fundamental. And have been filed since the Supreme tees we treasure are meaningless with- our Association’s position regarding tion stating that anyone charged in Court’s rulings in June, challenging the out the checks and balances inherent the basic issues surrounding the seri- connection with terrorism be afforded government’s detention and treatment in the separation of powers between ous threat our nation now faces has a “full and fair” trial. This resolution of the 600 people who have been held the executive branch and the judicial not changed since Sept. 11, 2001. came on the heels of the creation of without a hearing for several years. branch. In the end, the defense of free- Along with the rest of the nation, the special military commissions. Our In a related move, the military orga- dom rests on our ability to trust our our then-Chancellor Carl Primavera Association noted that all accused are nized new hearings at the Guantanamo justice system and the preservation of articulated the need for a new resolve entitled to an independent and impar- Bay camp within weeks of the Supreme our liberties rests on our ability, in this in fighting terrorism. He warned that tial tribunal, with proceedings open to Court rulings. Perhaps the review pan- time of crisis, to adhere to our core we must prepare ourselves for a long the press and public, except for specific els will satisfy the Supreme Court’s constitutional principles, including an and difficult struggle. At the same time and compelling reasons, and to the admonition that prisoners must have a independent judiciary’s review of an he cautioned that we must adhere to review of any conviction by a higher way to contest their captivity and pre- understandably zealous executive’s our core democratic principles and to tribunal. sent evidence in their defense. So far desire to protect the Republic and the the wonderful system of checks and Since the creation of the military one of the detainees has been granted lives of its citizens. balances established by the genius of commissions, various suits were filed what amounts to a formal pardon: an in federal courts. This was to be official ruling by a tribunal that, after Gabriel L.I. Bevilacqua, a partner at Saul Ewing LLP, is our Founding Fathers. They clearly Chancellor of the Philadelphia Bar Association. His e- appreciated the need to keep the three expected. And it soon became clear being held for nearly three years, he’s mail address is [email protected]. branches of government in balance by that the U.S. Supreme Court would not an enemy combatant after all. And having each of them act as a check on likely take up the issue of detainee it was recently reported Yaser E. the others. rights. The Court did so. A trio of Hamdi, the plaintiff in one of the In January 2002, the Association’s Supreme Court rulings in June of this Supreme Court cases, may be freed. PHILADELPHIA Board of Governors approved a resolu- year rejected much of the current The New York Times reported that the Editor-in-Chief AABADV Holding Annual Banquet Oct.