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Official newsletter of the
Pennsylvania Judicial System
Issue 3, 2021
In this issue
Read about the upcoming leadership transitions in AOPC/
IT, a school justice partnership in Allegheny County,
emerging issues in elder law and more.
1
IT leadership transitions
After nearly 35 years of dedicated service with the
judiciary, Director of AOPC Information Technology Amy
Amy
Ceraso retired in June.
Ceraso
For the last 20 years, Amy has led AOPC IT through many
technological advances that have augmented the AOPC’s
mission in supporting the administration of justice.
Amy has worked for the Pennsylvania Courts throughout
her entire legal career. During those 35 years, she said
that she has seen many things change drastically, but
what she’s enjoyed most was the opportunity to be a part
of a team that developed systems that have significantly
improved the delivery of court services throughout the
Commonwealth.
“When I started at AOPC, there were barely any county
case management systems in place, let alone statewide
ones. Now we have over 20,000 people using our case
management systems, and we provide data to scores of
state and county agencies. When I look at what has been
accomplished, I am proud of what we’ve done, particularly
in the last several years in building innovative systems
like the Guardianship Tracking System,” she said.
“As director, I’ve been able to help build a strong and
professional IT team that will hopefully continue on this
path, and I truly appreciate all of their hard work and
commitment. I’m also thankful for the opportunity to
have worked with so many wonderful people who make
the court and justice systems run - at all levels of court,
including our partners at JNET and other state agencies,
and of course, my colleagues at AOPC.”
In retirement, Amy looks forward to playing more golf,
reading the pile of books that she has accumulated over
the years and hopefully, doing a lot of traveling.
Upon her retirement, Assistant Director of IT Russel
Russel
Montchal will take over as director. Russel has been with
Montchal
the AOPC for 22 years, six of those as assistant director.
“We are so fortunate to have incredibly smart and
dedicated people that work in the IT Department. We
are always looking for ways to make tangible, positive
contributions for the courts,” Russel said.
“I look forward to building new relationships and cultivating existing ones in
collaborating with the many internal and external groups that enable us to
successfully accomplish improved efficiencies and workflow through the use of
technology for the Pennsylvania Judiciary.”
2
Legislative roundup by Damian J. Wachter, Esq.
April and May were fairly quiet months legislatively, with the chambers meeting on a
April and May were fairly quiet months legislatively, with the chambers meeting on a
handful of days. That changed in June as the House and Senate were both scheduled for
handful of days. That changed in June as the House and Senate were both scheduled for
12 voting days, leading up to the passage of the 2021-22 budget.
12 voting days, leading up to the passage of the 2021-22 budget.
Budget
Budget
The judiciary’s 2021-22 budget request includes three
points. The first is a modest 5.7 percent increase in state
funding – state funding has been flat since FY 2015-
16. The second and third are statutory changes critical
to the operation of the judiciary. One is a repeal of the
annual diversion of $15 million from the Judicial Computer
System – a third of the system’s annual budget – to ensure
operations continue without impact. The other is the
reauthorization of what is known as “Act 49” surcharges,
which provides for a significant portion of the judiciary’s
general operations budget. The surcharges are set to
expire later this year.
Constitutional amendment to change the entity
Constitutional amendment to change the entity
that advertises constitutional questions
that advertises constitutional questions
Readers will recall from the last newsletter a discussion
about a Department of State error in failing to advertise
legislative passage of a constitutional amendment
providing for a two-year window to bring childhood sexual
abuse civil claims. In addition to the need to restart the
amendment process, the error has resulted in legislation to
modify advertisement procedures.
HB 1010 would amend the constitution to replace the
Secretary of the Commonwealth with the Legislative
Reference Bureau (LRB) or a successor legislative agency,
3
as the entity responsible for publishing constitutional
amendments. The bill also requires that the second
publication of proposed amendments include only the
language of the amendment, the ballot question to be
used and a summary of the amendment as prepared by
the LRB or successor agency. The legislation passed
the House 113-88 and was referred to Senate State
Government. If the Senate also passes the bill, it will
have to be considered and passed again in the 2023-24
legislative session before it could appear on the ballot.
Sovereign immunity and two-year window
Sovereign immunity and two-year window
House Bill 951 provides for a two-year window to
commence civil actions when the individual was under 18
years of age at the time the cause of action ensued, and
the time limitation for the cause of action has expired.
Additionally, the bill applies the sexual abuse exception
to the defenses of sovereign and governmental immunity
“retroactively to a cause of action that arose prior to the
effective date of this subparagraph [i.e., immediately upon
enactment]” and, “prospectively to a cause of action that
arises after the effective date,” respectively.
The bill grants the Pa. Supreme Court with extraordinary
jurisdiction to hear challenges to, or render declaratory
judgements concerning, the constitutionality of the
provisions. It states that the Court may take action as it
deems appropriate, consistent with the court retaining
jurisdiction over the matter, to find facts or to expedite
a final judgement in connection with the challenge or
request for declaratory relief.
The House passed HB 951 by a vote of 149-52. The bill
was reported from the Senate Judiciary Committee by a
vote of 11-3 and is pending further action.
Sentencing – murder of unborn child
Sentencing – murder of unborn child
HB 1095 addresses the decision in Commonwealth v.
Haynes, 125 A.3d 800 (Pa.Super.2015), clarifying that
convictions of third degree murder of an unborn child,
murder of an unborn child and voluntary manslaughter of
an unborn child require a sentence of life. The bill passed
the House 123-80 and was referred to the Senate Judiciary
Committee.
District attorney/attorney general law licenses
District attorney/attorney general law licenses
SB 420 adds a qualification of district attorneys to the
County Code – specifically, that the individual continually
hold an active law license during the period he/she is
in office. The legislation creates a process for situations
when a district attorney is disbarred or suspended. If
disbarred, the office is considered vacant, and the vacancy
must be filled pursuant to the provisions of the respective
County Codes.
If the district attorney’s license is suspended, the district
attorney is suspended from the office until the sooner of
reinstatement or term expiration. If the first assistant is
willing and qualified, he/she acts as the district attorney
during the suspension. If the first assistant is unwilling
or unqualified, the Court of Common Pleas appoints a
competent person meeting the requirements.
The bill passed the Senate unanimously and has been
referred to the House Judiciary Committee.
Senate Bill 457 is a constitutional amendment governing
the qualifications of the attorney general, clarifying
that he/she must be an active member of the bar. The
legislation establishes a process for situations when the
attorney general is disbarred or suspended. If disbarred,
the office is considered vacant.
If the attorney general’s license is suspended, the first
deputy attorney general if qualified and able to hold the
office, serves as the acting attorney general until the
sooner of the reinstatement of the license, or the expiration
of the current term. If the first deputy attorney general
is not qualified or able to serve, the executive deputy
attorney general of the Criminal Law Division serves as the
acting attorney general.
The bill was reported unanimously from the Senate
Judiciary Committee and is pending further consideration.
Failure to appear for payment determination
Failure to appear for payment determination
hearing and collection agencies
hearing and collection agencies
SB 516 allows issuing authorities to turn delinquent
accounts over to private collection agencies or county
collection enforcement units when a defendant fails
to appear for a scheduled and noticed financial
determination hearing. The bill was reported 13-0 from the
Senate Judiciary Committee and is pending further action
in the Senate.
Compulsory Joinder Statute and Perfetto
Compulsory Joinder Statute and Perfetto
SB 588 addresses the decision in Commonwealth v.
Perfetto, 652 Pa. 101 (2019), clarifying that prosecution
is not barred for offenses based on the same conduct or
arising from the same criminal episode if the offense for
which the defendant was formerly convicted or acquitted
was a summary offense or a summary traffic offense. A
companion bill has been introduced in the House – HB
1231. SB 588 was reported 12-0 from the Senate Judiciary
Committee and is pending further action in the Senate.
{Damian Wachter, Esq. is the assistant director
of Legislative Affairs.}
4
School Justice
Partnership introduced
in Allegheny County
In an effort to divert youth away from school-related
arrests and toward supportive, restorative and skill-
building alternatives, Allegheny County Juvenile Probation
has recently signed a contract with the National Center of
State Courts (NCSC) Court Consulting Services.
The goal of the new partnership is to strengthen existing
relationships and build new formal agreements between
Allegheny County schools and the Court's Juvenile Court
Division.
There is inherent overlap between schools and juvenile
court. Not only is school connectedness a protective factor
to keep youth out of the justice system, but those who
experience exclusionary school discipline (like out-of-
school suspensions and expulsions) are significantly more
likely to enter the juvenile justice system in the subsequent
year.
Additionally, students of color are significantly more likely
to experience exclusionary school discipline and referrals
to court for school-based incidents.
School justice partnerships aim to reduce these negative
outcomes and support student success by implementing
formal agreements between courts and schools.
Dwayne Woodruff, Allegheny County Juvenile
With the leadership of Allegheny County Common Pleas
Judge Dwayne Woodruff
Court has partnered with three schools to develop
strategies for reducing referrals to court and plans to
initiate partnerships with two additional schools this year.
With support from the Pittsburgh Foundation, NCSC
will provide support in sustaining existing partnerships,
coordinating new partnerships and evaluating the efforts.
The evaluation will end up documenting what these
School Justice Partnerships look like in action and assess
the extent to which they are being implemented as
intended.
The hope is that this work not only contributes to positive
outcomes for young people and their communities, but
also informs similar partnerships in other school districts.
For more information on this work, please contact Teri
Deal at tdeal@ncsc.org.
Water intrusion project at the PJC
Working with AOPC Administrative Services,
the Pa. Department of General Services
is managing and funding the public works
project.
As construction continues, the fencing will
remain around the front of the building through
September, when work will then move to the
right side of the building facing North Street.
Currently ahead of schedule, the project is
slated to be completed in December.
Throughout the duration of the work, AOPC
Administrative Services staff have attempted to
minimize any disruptions caused by the noise,
doing their best to identify and work around
court hearings and shift meetings to the side of
the building opposite to the construction site.
Employees and visitors will continue to have
access to the PJC front entrance during the
entire construction period.
For any questions about the project, please
contact Administrative Services (Facilities) at
AdminSrvDept-Facilities@pacourts.us.
Employees working in the Pennsylvania Judicial Center (PJC)
who have been reporting into the office may have noticed fencing
around different areas of the building over the past several months.
The process first began several years ago to resolve a leak in the
building’s foundation and restore the areas where water damage
had occured.
5
Emerging issues in elder law
In May, the AOPC Judicial Education
Department held a virtual, two-part
program for judges that focused on
identifying the emerging issues in
elder law and how courts should
address them.
During the program, speakers
identified the physical, social and
emotional characteristics of the
elderly population and explored
how these traits make them uniquely
vulnerable.
Judges learned about the general
victimization, and particularly the
prevalence of financial exploitation,
within this group.
The course laid out for judges what
financial exploitation can look
like, types of evidence they can
anticipate lawyers will present and
what safeguards and resources are
available.
Representatives from the Pa. Office
of Attorney General, Pa. Department
of Aging, Temple University/ Beasley
School of Law and the U.S. Attorney’s
Office all presented on a range of
topics, including:
• Cognitive aging, mild cognitive
impairment and dementia
• Neglect of a care-dependent
person
Enforcement of nursing home
failure-of-care cases
Elder financial abuse
•
•
Sheila Woods-Skipper were
Lois
Montgomery County Judge Lois
Murphy
Murphy and Philadelphia County
Judge Sheila Woods-Skipper
featured presenters during the
second part of the course, where they
discussed specific considerations for
the courts to address in elder abuse
and exploitation cases.
They explained some of the unique
issues faced in elder abuse cases,
how courts can meet the needs of
elderly victims, the different tools
available for different courts in
preserving assets, recommended
practices when seniors are witnesses,
exploitation that can occur using
power of attorneys etc.
WHAT THE COURTS CAN LEARN
FROM IMPLICIT BIAS RESEARCH
The deaths of George Floyd, Breonna
Taylor, and Ahmaud Arbery last
year prompted court leaders around
the country to adopt a resolution to
“intensify existing efforts” to improve
racial equity in the justice system.
At the same time, NCSC researchers
were working to update a previous
report examining implicit bias.
The recently released report – The
Evolving Science on Implicit Bias: An
Updated Resource for the State Court
Community – explains how implicit
bias fits into broader conversations
about equity and fairness; defines
commonly used terms originating
from the science of implicit bias; and
summarizes current research in the
psychological and brain sciences,
including implicit bias strategies
generally found to be effective and
ineffective.
In the report, NCSC researchers
Jennifer Elek and Andrea Miller
write that implicit bias, sometimes
also referred to as unconscious
bias, is a term often used to refer
to the attitudes and beliefs people
have about others that they may be
unaware of, and it manifests itself
everywhere, including in the courts.
Removing these biases is difficult
because people are not always fully
aware of their influence. But there
is hope that they can be lessened,
according to research.
The report lists three key takeaways
from the scientific research on implicit
bias:
• One of the most effective
strategies for reducing prejudice
and discrimination is through
positive, meaningful intergroup
contact
•
Implicit bias interventions that
attempt to change implicit
associations in memory are not
consistently effective
•
Implicit bias interventions
that bypass or disrupt biased
responding show more promise
Funded by the State Justice Institute
and NCSC, the report also addresses
some implications of this knowledge
for state court leaders, lawyers and
others, and it defines key terms and
clarifies how they’re used.
Research on implicit bias continues
to develop, and there are a lot of
unknowns. But court leaders must be
aware that implicit bias exists and
combat against it in order to more
effectively provide justice for all.
“In the meantime,” Elek and Miller
wrote, “court leaders forge ahead,
continuing to make the best decisions
they can with the knowledge we have
today."
*This excerpt was reprinted from the
National Center of State Courts April
newsletter – @ the Center.
6
Judge Lois Murphy accepting Champion of Justice award during virtual ceremony
Judge Murphy honored as Champion of Justice
In early May, Hon. Lois Murphy
Lois Murphy, administrative judge of the
Montgomery County Orphans’ Court Division, was honored
as a Champion of Justice by the SeniorLAW Center.
Among her many contributions to the advancement of
elder justice across the Commonwealth, Judge Murphy
serves on the Advisory Council on Elder Justice in the
Courts. She has served on both the Pa. Supreme Court’s
Elder Law Task Force and Elder Justice Roundtable of
Montgomery County.
She has also helped to update the Orphans’ Court Rules,
draft the Elder Abuse Bench Book and Guardianship
Bench Book, and has been commended for her work on
new guardianship forms and case management systems.
“I cannot think of a more deserving recipient
of SeniorLAW Center’s Champion of Justice
Award than Judge Lois Murphy. I have had
the pleasure of working side by side with
Judge Murphy for the past eight years through
our Supreme Court’s Elder Law Task Force
and Advisory Council on Elder Justice. She
is so much more than a participant in our
efforts to protect and advance the interests of
Pennsylvania seniors, she is a leader,”
Pa. Supreme Court Justice Debra Todd said.
7
Judge Paula Ott
Paula Ott also offered her congratulations
saying, “Judge Lois Murphy’s award from the SeniorLAW
Center is well deserved. She is an invaluable member
of the Advisory Council and brings her vast courtroom
experience in Orphans’ court and her innovative ideas
to improve the lives of those under guardianship in
Pennsylvania.”
Judge Murphy was first elected to the bench in 2009,
after having served as a litigator for the U.S. Department
of Justice and spending time in private practice serving
individuals, families and charities.
She earned both her undergraduate and J.D. at Harvard
University.
Culturally-responsive practices
in the courts
Using STOP Grant funds, AOPC Judicial District Operations
offered a two-part, virtual training on culture and bias in
May.
court staff to minimize the impact of implicit bias in DV
cases.
Held a week apart, the first of the 90-minute webinars
focused on culturally-responsive practices in the courts
while the second webinar addressed bias in domestic
violence (DV) cases.
Around 60 people attended each session including minor
court administrators, who took this course as part of their
annual MDJ Court Administrator Workshop.
The training was presented by Nida Abbasi, associate
director of Gender & Family Justice at the Center for Court
Innovation and Jose Juan Lara, project manager at Casa
de Esperanza/National Latin@ Network.
The goal of the first part of this training was to discuss
culturally-specific barriers experienced by survivors
seeking legal relief in the Pennsylvania justice system,
identify role-specific responsibilities in implementing these
practices and design strategies for overcoming those
challenges.
During the second training, participants explored how to
distinguish between systemic and individual bias in the
legal system, how implicit bias can prevent litigants from
accessing justice on DV cases and assess strategies for
With positive feedback among those who attended, the
training will later be modified and offered as separate
webinars to court administrators and department
supervisors, common pleas and magisterial district judges
and frontline court staff.
To supplement these trainings, there are also plans to
develop a series of short webinars for all court employees
including judges, managers/supervisors, front line staff,
row offices etc., with each webinar exploring a different
culture based on the top languages where interpreters are
requested.
In 2020, those languages were Spanish, American Sign
Language, Chinese, Nepali, Russian, Arabic, Vietnamese,
Portuguese, Haitian Creole and Korean.
These trainings will help familiarize court employees with
the practices, beliefs and customs of people from different
cultures and backgrounds who come to the courthouse
using local community partners who can talk about what
they see in their communities and suggest practical tips on
ways the court can be more accessible.
A slide from the training with questions for consideration when assessing court accessibility.
8
Recognizing AOPC’s frontline workers
Throughout the COVID-19 pandemic, as most of the
AOPC’s staff transitioned to working remotely, there
remained a group of essential staff who stayed onsite
and have reported to the office since the beginning of
the pandemic, servings as the organization’s “frontline
workers.”
These personnel are deserving of our gratitude as they
have played a uniquely vital role in ensuring that court
operations remained functional and effective during the
unprecedented, and at some parts daunting, times faced
throughout the past year and a half.
To all of the court employees who fall in this category –
from facilities staff and department directors to NOC/Help
Desk staff and various administrative assistants, etc. – the
AOPC recognizes and appreciates all of your contributions
and sacrifices that have been made.
Veterans Treatment Court Virtual Summit
In May, the AOPC Problem-Solving Courts held a two-day
Veterans Treatment Court (VTC) Virtual Summit where over
150 participants heard from a panel of qualified experts
about issues of importance in the veteran-treatment
community.
During his presentations, he described some of the
established norms, beliefs and embedded principles of
military personnel and how treatment court professionals
and mentors can structure their programs around these
shared traits to optimize participants’ success.
Dr. Brian Meyer hosted three sessions throughout the
summit presenting on effective substance use disorder
treatments for justice-involved veterans; identifying and
providing treatment for traumatic brain injury; and effective
clinical interventions for justice-involved veterans.
Speaking about mentor-mentee relationship fundamentals,
Philadelphia Veterans Court Mentor Coordinator Tim
Wynn described ways that mentors can build effective
relationships by being responsive, dependable,
empathetic and non-judgmental.
Scott Tirocchi, U.S. Army Major (ret.) and Justice for Vets
division director, also presented on both days of the
training explaining ways to leverage military cultural
nuances to the participants’ benefit and apply principles of
criminogenic risk and need in VTCs.
Other panelists went into details about how to identify and
provide treatment for veterans with military sexual trauma
and posttraumatic stress disorder.
The summit was recorded and has been posted on the
AOPC Problem-Solving Courts webpage.
Virtual town halls address elder abuse and financial exploitation
what to do if abuse is suspected and available resources.
The discussions took place on WebEx and were streamed
live on both Facebook and YouTube. Elders without access
to the internet were able to participate by telephone.
In recognition of Elder Abuse Awareness Month, the Pa.
Advisory Council on Elder Justice in the Courts held two
virtual town hall sessions educating older Pennsylvanians,
caregivers, senior organizations and other stakeholders
on recognizing and preventing elder abuse and financial
exploitation.
The Advisory Council partnered with the Pa. Department
of Aging, Pa. Office of Attorney General, Pa. Department
of Banking and Securities and the SeniorLAW Center
to raise awareness about how these issues affect
Pennsylvania’s elders.
On June 16, the first session focused on elder abuse,
while the following week’s town hall on June 23
addressed financial exploitation of elders.
Participants heard from both victims and panelists
about their experiences with these issues, what the
Pennsylvania’s courts and its elder justice partners are
doing to address them, how to recognize elder abuse,
9
10
New rule changes mandate small procedural
changes in district court security
The Pa. Supreme Court recently
approved proposed amendments to
Pa. Rules of Judicial Administration
1950-1952 and 1954, requiring all
district court facilities to implement
emergency action plans (EAPs)
and requiring local court security
committees to meet at least twice a
year.
The proposed rule changes were the
result of the work by the Magisterial
District Court Security Task Group,
whose report was issued in August
2020.
Later this fall, AOPC Judicial District
Operations and Judicial District
Security will be providing trainings
to judicial districts to help courts
implement or enhance their EAPs and
run their local court security committee
meetings – as mandated in these rule
changes that take effect Jan. 1, 2022.
administrator, a magisterial district
judge and a member of the county
executive branch. Often these
committees include the sheriff and
representatives from other county
offices housed in the court facilities.
The purpose of these committees is
ultimately to make recommendations
to the president judge on security
protocols, policies and procedures and
communicate that information to all
court employees.
The training will offer a sample
agenda that these committees
are encouraged to consider when
preparing for these meetings. A few
critical points to cover during these
meetings include the reviewing of
PAJIRS incidents, EAPs and Continuity
of Operations Plan (COOP), and
other security projects, trainings and
assessments.
The first training will offer best
practices for hosting dynamic,
effective local court security
committee meetings.
Chaired by the president judge,
members of the local security
committees include the district court
The second training, “The ABC’s of
EAPs,” will outline exactly what is
expected to be included in a court’s
EAP and offers a template to help
districts complete this task.
An EAP, different from a COOP plan,
is a concrete plan for courts to use
during an emergency. These plans
require a level of customization
that contains specific guidance that
court employees can follow in the
event of an emergency including
escape routes, emergency assembly
locations, notification protocols etc.
Emergencies can be man-made or
of natural origin. Some examples of
emergency events that EAP’s should
specifically address include utility
outages, active attacker situations,
severe weather, medical emergencies,
suspicious packages, judicial threats
etc.
The training will cover the three main
sections that should be included in
an EAP and give specific examples
for what needs to be identified before
the emergency happens, what to do
during the actualized emergency
event and how to handle the situation
after the emergency has ended.
While judicial districts should certainly
prioritize these security efforts, the
work required to comply with these
new rule changes should be minimal –
especially for those courts who have
established good collaboration with
their county partners and already
engage in routine review of their
security posture.
Legal advice vs. procedural information
their own opinion or legal
interpretation to litigants.
The presenters clarified that
the only time court staff
may help litigants fill out
a form is if the litigant has
a disability that prevents
them from doing so.
A recording of the full
training is available here.
The AOPC’s Judicial District
Operations Department
recently sponsored a virtual
training on “Legal Advice
vs. Procedural Information.”
Judicial Programs
Administrator Rick Pierce
Rick Pierce
and Berks County Deputy
Lisa
Court Administrator Lisa
Siciliano
Siciliano presented the
webinar that explained
how court staff can help
self-represented litigants
without crossing a legal
line.
The webinar was held
at the beginning May
with around 640 people
attending virtually including
court administration staff
and frontline court staff in
MDJ courts and court-filing
offices.
When it comes to assisting
self-represented litigants,
court staff are only allowed
to provide procedural
information including
forms and instructions
for a particular pleading
upon request, or answer
technical questions such
as where to file documents,
how much it costs, how
many copies etc.
The training emphasized
the need for court staff to
refrain from ever providing
11
Dan and Amy Hyde on their motorcycles returning from
the expo center after the parade.
IT couple rides
for a cause
During the first weekend of May, AOPC IT Systems Analyst
Amy Hyde
Dan Hyde
Amy Hyde and IT Senior Project Manager Dan Hyde
participated in an annual charity event to raise money for
children with muscular dystrophy – a cause near and dear
to the couple’s hearts.
Dan and Amy first became involved in the Muscular
Dystrophy Association (MDA) Ride for Life in 2016 when
they became members of the Cumberland Valley Harley
Owners Group (HOG).
Participating in the event every year are Harley
Davidson owners, riders, dealerships, HOG chapters
and local families who have been affected by one of the
neuromuscular diseases that MDA supports.
Despite this year’s event being scaled back with only a
fraction of the normal participants due to COVID, their
sponsoring dealership alone raised $30,000. Nearly
$498,000 was raised and donated in total.
All the money raised goes directly to supporting the
families with medical bill payments, wheelchair and other
essential purchases, and pays for a week of summer camp
for the children.
Held at the Lebanon County Expo Center, the weekend-
long event started on Saturday with a silent auction, corn
12
hole competition, FMX stunt show and a dinner reception,
followed by music and dancing.
On Sunday morning, 300 motorcycle riders went on a
police-escorted parade through downtown Lebanon
followed by an hour-long motorcycle ride around Lebanon
County – with many of the MDA ambassadors, who are
all children living with neuromuscular disease, riding in
sidecars.
Dan and Amy’s HOG chapter sponsors a local family that
has twin 15-year-old boys who are affected by Duchenne’s
disease, a severe type of muscular dystrophy.
“Throughout the years, as we have both gotten to know
the boys and their parents personally, we have seen the
effects this disease has on the entire family. This MDA
event, and helping these families in any way we can,
became very important to us,” Amy said.
Together, they continue to raise money, volunteer and
participate in this wonderful event each year – which many
of the MDA ambassadors say is the highlight of their year.
Editors
Stacey Witalec
Kim Bathgate
Writer
Casey Scheffler
Contributors
Patti Campbell
Rhonda Hocker
Stephen Baldwin
Graphic Design
Gretchen Smith
Photography
Justin Scott
Court Administrator of PA
Geoff Moulton
Deputy Court Administrator of PA
Andrea B. Tuominen
All content is collected, written
and edited by the AOPC
Communications Office
unless noted.
You may reach the office
by calling: (717) 231-3300
or by emailing:
CommunicationsOffice@pacourts.us
For more information about
Pennsylvania’s courts, visit:
www.pacourts.us
Twitter @PACourts
Facebook @PACourts
YouTube @PACourts
Instagram @pennsylvaniacourts
Supreme Court of Pennsylvania
Max Baer
Chief Justice of Pennsylvania
Thomas G. Saylor
Justice
Debra Todd
Justice
Christine Donohue
Justice
Kevin M. Dougherty
Justice
David N. Wecht
Justice
Sallie Updyke Mundy
Justice
IT cybersecurity tips
Cleaning up your cyber footprint
aking the time to clean up your technology and cyber footprint not only
helps remove digital clutter from your life, but it can be important for
protecting your personal information online.
• Review your passwords and update them as needed.
•
Enable multi-factor authentication on accounts wherever it is available
– especially on accounts that contain financial or personal information
such as online banking, credit card, retirement accounts etc.
• Review and update your contacts. Delete contacts that are no longer
• Review applications on your devices and remove those you no longer
necessary or current.
use.
• Review social media accounts and associated privacy settings. If you
want to delete a social media account, make sure you delete your entire
profile – not just the app.
• Review your backup routines and schedule and test the backups to
validate they are being successfully completed.
Staying cyber-safe on vacation
efore you leave:
B
• Only use trusted and secure sites to book travel reservations. In addition
to using reputable travel-booking sites, make sure the site is secure
before you enter your payment information. Look for a web address that
starts with “https://” instead of just “http://.”
• Back up the valuable data on the devices you are bringing so that if you
lose them, it won’t be a double disaster.
• Do not announce the dates of your upcoming travel plans on social
• Disable the auto-connect options shortly before you leave and have
your devices forget the wireless network SSIDs in their lists.
media.
During vacation:
• Consider the risks associated when you use public Wi-Fi, or use a VPN
to enhance the security by encrypting your connection. If you need to
use Wi-Fi at your hotel, make sure their connections are secured with
passwords. If you need to access sensitive material for work, set up a
VPN on your device beforehand.
• Consider getting a privacy screen for your laptop or mobile devices.
Privacy screens make sure that only the person sitting straight in front of
the screen can read what is on it.
s a reminder, AOPC employees are encouraged to send any suspicious
emails to ITSecurity@pacourts.us.
T
A
13
Pulling the Plug? Row Over Court Budget
Could Shutter Pa.’s Docket System
With the $45 million diverted through Act 42 of 2018 and the additional money
taken to help with the most recent budget shortfall, the JCS budget has sustained
a $75 million loss over the past three years, the documents say.
By Max Mitchell | May 12, 2021
Pennsylvania court officials are
now worried that unless some of its
IT budget is restored after years of
diversion of funds, they will be forced
to shut down the statewide docketing
system, creating filing difficulties
across the state and impacting
criminal justice.
According to letters obtained by The
Legal, repeated budget diversions
over the past few years, which were
exacerbated last year by a $30
million reallocation from the court’s
budget to shore up the state’s COVID-
affected 2020-21 budget, now mean
that the court will be forced to begin
winding down the Common Pleas
Computer Management System
starting in July if current funding
levels remain in place.
The CPCMS, which is a central hub
for statewide criminal dockets and
court information, is relied on by
attorneys, court and law enforcement
for everything from uploading legal
filings to performing inter-county
warrant searches by police officers.
“The impacts of this reality are
manifold. Collections to state,
county and local governments not
only will be interrupted but almost
certainly will be diminished,” a
letter Chief Justice Max Baer sent
to leaders of the state Senate and
House appropriations committees
in March warned. “Additionally, the
existing implementation of statewide
legislative policies such as Clean
Slate and lottery and tax intercept
for restitution will no longer be
possible. Moreover, a real threat to
public safety will accompany the
loss of ‘real-time’ data exchanges,
including warrant databases used
by law enforcement and information
on dependent children utilized by
judges.”
Letters recently obtained by The
Legal show that, along with Baer,
Court Administrator of Pennsylvania
Geoff Moulton has been reaching out
to state officials, including president
judges, county commissioners and
legislators, in an attempt to relay their
concerns about the looming budget
and raise awareness.
data to state agencies, including state
police, PennDOT and the Department
of Revenue.
“It would be an absolute catastrophe
for the entire state of Pennsylvania
and the criminal justice system,” said
James Troutman, who has been clerk
of courts for Berks County for more
than 30 years. “It’s just terrible to think
about it. … I’m praying they don’t, with
67 clerks of courts, have to go back
to 15 years ago when we had our own
systems.”
The letters, all sent in early March,
outline the recurring budget
diversions, and ask the recipients
to reach out to state legislators to
help ensure the General Assembly
becomes aware of the situation as
part of their effort to restore some of
the funding.
One letter from Moulton to the
County Commissioners Association
of Pennsylvania says that, based on
current budget projections, if funding
is not restored in this cycle, new
systems will have to be put in place
and all existing data will need to be
migrated over to those systems by
December 2022.
The current statewide docketing
system, which includes criminal,
dependency and juvenile
delinquency, has been in place at
most counties since 2006. According
to state officials, without CPCMS,
counties would be forced to develop
their own individual docketing
systems, with no guarantee that any
of the systems would communicate
with each other. It could also mean
losing the ability to transfer court
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According to Brinda Penyak, deputy
executive director at the County
Commissioners Association, it is
impossible to know exactly what the
fallout would be if the AOPC had to
wind down the CPCMS, but it would
mean that these systems would need
to rely on funding at the local county
level, rather than at the state level.
“Counties don’t have a lot of
resources for revenue. There would
be kind of a pass along there,” she
said. “It would be a really hard
consideration for the counties to figure
that out. We wouldn’t want to head in
that direction until we absolutely have
to.”
The current problem stems in large
part from a three-year-old piece of
legislation, Act 42 of 2018, which
has allowed legislators to divert $15
million annually from the Judicial
Computer System into the state
General Fund to help pay for school
safety.
The JCS budget, which was
established in 1987, is primarily
funded from fines, court costs and
fees. Known as a restricted revenue
account, it is designed to be self-
funding and cannot be funded through
taxes.
According to the AOPC letters, as
well as the court’s 2021-22 budget
proposal, for the past 10 years, the
JCS budget has been largely flat,
however, under Act 42 of 2018,
legislators have diverted $15 million
from the budget each year for the
past three years. Then, an additional
$30 million was taken out of the
JCS budget to help balance the
most recent funding accord the state
approved in November. With the
$45 million diverted through Act 42
of 2018 and the additional money
taken to help with the most recent
budget shortfall, the JCS budget has
sustained a $75 million loss over the
past three years, the documents say.
The latest budget proposal from Gov.
Tom Wolf does not include restoration
of any funding that had been
previously diverted.
In an emailed statement, Lyndsay
Kensinger, a spokeswoman for the
governor’s office, expressed support
for restoring the funding.
“The administration agrees that the
transfers are unsustainable and plan
to work with the General Assembly to
address the upcoming fee expiration,”
she said, referring to additional
revenue for the courts under Act 49 of
2009, which is expected to expire at
the end of the year.
A spokeswoman with the AOPC
confirmed the budget diversions, but
did not comment further about the
situation.
Neither Sen. Patrick M. Browne,
R-Lehigh, nor Sen. Vincent Hughes,
D-Philadelphia, who are chairmen of
the Senate Appropriations Committee,
returned a call seeking comment.
House Appropriations Chairman Stan
Saylor, R-York, also did not return a
call seeking comment.
Megan Augustine, press secretary
for Rep. Matthew Bradford,
D-Montgomery, said in an emailed
statement that Bradford fully supports
“the courts and a restoration of funds
in the 2021/22 budget.”
“A failure to fix this budgetary issue
creates an imminent problem,
beginning on July 1, that would result
in a shutdown of the Common Pleas
Case Management System,” she said.
“This would threaten critical public
and law enforcement safety systems,
as well as statutory requirements such
as the Clean Slate Program.”
One effect from the court’s letters is
that some in the state’s criminal justice
system are stepping up to make
legislators aware of the situation.
During a budget hearing in March,
Secretary of Corrections John Wetzel
told lawmakers that allowing the
CPCMS to disappear “would grind
the entire criminal justice system to
a halt,” noting that it would affect
background checks, record checks
and victim notifications.
“It’s kind of the hub and the spokes.
It’s a pretty critical aspect of the
criminal justice system’s data right
now,” he told legislators.
Troutman also said he has also been
speaking with his representatives.
Although he said he is hopeful,
he said animosity and mistrust
between many legislators and the
courts could be at play in the recent
budget diversions. But, he had
one suggestion for what the courts
should do if legislators don’t provide
sufficient funding for the JCS by the
July 1 budget deadline.
“If I was the courts, I would file
a mandamus action and sue the
legislature for proper funding,” he
said. “If they have to, go into court
and get it straightened out because
we cannot give up this system.”
Reprinted with permission from the May 12, 2021 online edition of The Legal Intelligencer © 2021 ALM Media Properties,
LLC. All rights reserved. Further duplication without permission is prohibited. For information, contact 877-256-2472 -
reprints@alm.com.
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