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Official newsletter of the
Pennsylvania Judicial System
Issue 6, 2021
In this issue
Read about the recently-released civics education
toolkit, county court highlights, a department spotlight
on Judicial District Operations and Programs, upcoming
AOPC legal staff transitions and more.
1
Legislative roundup by Damian J. Wachter, Esq.
The House and Senate wrapped up their voting calendars for 2021 on Dec. 15. Session
The House and Senate wrapped up their voting calendars for 2021 on Dec. 15. Session
schedules for 2022 for the House
schedules for 2022 for the
have been posted.
Senate have been posted.
and Senate
House and
Judicial Ethical Rules and Lobbying Reform
Judicial Ethical Rules and Lobbying Reform
Kayden’s Law and Custody
Kayden’s Law and Custody
House Resolution 114 urges the Pa. Supreme Court to
modify its administrative rules to require the posting of
statements of financial interest on a publicly accessible
Internet website. It also codifies more restrictive policies
on reporting gifts, transportation, lodging and hospitality;
imposes a one-year prohibition on attorneys who leave
government service and lobby that same governmental
body; and end the practice of jurists receiving honoraria.
The resolution includes a general request that the
Court conduct a full examination of ethical and financial
reporting requirements for jurists and staff to determine
whether additional amendments to promote greater
transparency and avoid impropriety are necessary.
The prime sponsor of the resolution, Speaker Bryan Cutler,
focused his floor remarks on the one-year lobbying freeze
on lawyer-lobbyists – a moratorium that currently applies
to non-lawyer lobbyists. The resolution was adopted by
the House 200-0 and Senate action is not required.
House Bill 1607 amends the Lobbyist Disclosure Act to
prohibit Commonwealth entities including the General
Assembly, the judiciary and executive departments or
agencies from hiring an outside lobbyist, lobbying firm
or campaign consultant to influence the decision-making
process of another Commonwealth entity. Both bills were
reported from the House State Government Committee
unanimously and tabled.
As covered in prior legislative roundups, Senate Bill 78
establishes Kayden’s Law, requiring comprehensive
changes to the custody statute focusing on the health and
safety of the child.
Readers will recall the legislation passed the Senate 46-4
and was referred to the House Judiciary Committee. On
November 15, the Subcommittee on Family Law of the
House Judiciary Committee held a public hearing on
the bill. With the assistance of the Conference of State
Trial Judges – notably the Family Law Section and the
Legislative Committee – testimony was developed and
provided by Judges Allison Bell Royer, Katherine B.L.
Platt, and John Foradora. Judge Dan Clifford also testified
about the work of the Custody Subcommittee of the
Advisory Committee on Domestic Relations Law for the
Joint State Government Commission.
Election Code
Election Code
House Bill 1800 provides for comprehensive voting process
and procedure changes. Broadly, the topics include early
voting, supervised absentee voting, ballot curing, number
of ballots required at each polling place, voter ID, drop
boxes, signature matching, access to pre- and canvassing
meetings, elimination of third-party voter registration
programs, registration and ballot deadlines and the
creation of the Bureau of Election Audits.
Provisions are of particular interest to the judiciary are the
granting of special legislative standing for the General
Assembly to intervene in proceedings examining the
2
constitutionality of the act and requiring county boards of
election to enter into agreements with the Unified Judicial
System to receive records of county residents who claim
ineligibility for service as a juror under 42 Pa.C.S. § 4502.
The purpose is to provide for the investigation of the
registration status of any elector who claimed ineligibility
to serve as a juror based on a lack of citizenship.
giving bail or business of a bail bondsman, professional
bondsman and surety bondsman. The current term bail
bondsman is amended. No other substantive changes are
proposed under the bill. Defining the terms impacts other
provisions of the subchapter wherein the terms are used,
notably, licensure. The legislation passed the House 111-88
and was referred to the Senate Judiciary Committee.
The legislation was reported from House State
Government 15-10 and is pending in the House
Appropriations Committee.
District Attorney (DA) Law Licenses
District Attorney (DA) Law Licenses
Senate Bill 420 – enacted as Act 88 of 2021 – adds
a qualification for DAs, requiring the individual to
continually hold an active law license while in office. The
act establishes a process for when a DA is disbarred or
suspended. If disbarred, the office is considered vacant
and the vacancy must be filled pursuant to the provisions
of the County Code or Second-Class County Code, or for a
county of the first class, pursuant to Act 385 of 1850.
If a DA’s license is suspended, he/she is suspended from
the office until the sooner of the license being reinstated
or the term expiration. If the first assistant DA is willing,
qualified, and able, he/she becomes acting DA. If not,
the court of common pleas appoints a competent person
satisfying the qualifications.
Crime Victims and Notice of Bail Proceedings
Crime Victims and Notice of Bail Proceedings
House Bill 2039 amends the Crime Victims Act to provide
a victim with the opportunity to comment on a defendant’s
bail conditions at any time they are imposed or modified.
The provisions apply to proceedings for personal injury
crimes, crimes of violence, offenses relating to sexual
abuse of children and offenses relating to sexual
exploitation of children.
Specifically, the bill requires the arresting officer to
provide victim name and contact information to the court
conducting the preliminary arraignment so that the victim
may receive notice of any proceedings to modify bail
conditions and exercise the opportunity to appear. The
court must then transmit the contact information and the
transcript of the proceedings to the court of common pleas
at the conclusion of the preliminary hearing so clerks of
courts can notify the victim of any proceedings to modify
bail.
The bill passed the House 139-60 and has been referred to
the Senate Judiciary Committee.
Bail Bondsmen Definitions
Bail Bondsmen Definitions
House Bill 2046 amends Title 42 to define or modify terms
within the Bail Bondsmen subchapter of the Bonds and
Recognizances chapter. New terms include business of
Repeal of License to Carry Concealed
Repeal of License to Carry Concealed
Firearm Provisions
Firearm Provisions
Senate Bill 565 sought to amend Title 18 to repeal the
provision of law prohibiting the carrying of firearms
without a license, and add new language declaring that
every individual not otherwise prohibited by law has an
affirmative, fundamental, and constitutional right to keep
and bear firearms, including the right to carry openly or
concealed.
The legislation proposed to repeal the current law
prohibition on persons carrying firearms on the streets or
on public property without a license during an emergency
declared by a state or municipal government and remove
language prohibiting the carrying of firearms on public
streets or public property in Philadelphia. The bill passed
the Senate 29-21 and the House 107-92. The governor
vetoed the bill.
Firearm Regulation Preemption and Relief
Firearm Regulation Preemption and Relief
Senate Bill 448 amends Titles 18 and 53 to allow a
person adversely affected by ordinances promulgated or
enforced by a county, municipality, or township in violation
of statutes prohibiting such entities from regulating
firearms to seek declarative and injunctive relief and
actual damages in an appropriate court. The legislation
passed the Senate 31-19 and has been referred to the
House Judiciary Committee.
Probation Reform/Standards
Probation Reform/Standards
Senate Bill 913 amends Title 42 to provide for
comprehensive probation reform, similar to a bill passed
by the Senate in 2020. The bill prohibits courts from
extending probation periods, imposing brief sanctions, or
revoking probation solely for nonpayment of fines or costs,
unless it is found that the defendant is financially able to
pay and refuses to do so.
The legislation repeals the current language limiting
total confinement and adds new provisions to prohibit
courts from imposing sentences of total confinement upon
revocation unless the defendant has been convicted
of another crime. The bill allows courts to impose a
determinate sentence of total confinement upon revocation
if it is found by a preponderance of the evidence that the
defendant committed a technical violation, and one or
more enumerated factors (e.g., assaultive behavior) are
present. A court imposing a sentence of total confinement
for revocation based on the above is subject to caps on the
3
period of incarceration.
Finally, the bill provides for probation review conferences,
generally taking place when a defendant has completed
three years of probation following a misdemeanor
conviction or five years of probation following a felony
conviction. The legislation establishes other eligibility
requirements and outlines processes for the review
conferences.
Senate Bill 904 and Senate Bill 905 involve standards for
probation and parole personnel developed by the County
Adult Probation and Parole Advisory Committee (CAPPAC)
pursuant to JRI 2. Senate Bill 904 amends Title 42 to allow
probation officers to use technology portals – “a device …
that allows simultaneous voice and video communication
in real time between the offender and the probation
officer” – in lieu of in-person probation meetings.
Senate Bill 905 amends the Pennsylvania Commission on
Crime and Delinquency Law to require CAPPAC to adopt
a standard that includes circumstances under which an
offenders’ schedules, including consideration of work
and medical care schedules, is weighed when making
probation scheduling decisions.
All three probation bills were reported unanimously
from the Senate Judiciary Committee and have been
referred to the Senate Appropriations Committees. The
CAPPAC Subcommittee on Standards is in the process of
developing standards that will address the requirements in
Senate Bills 904 and 905.
{Damian Wachter, Esq. is the assistant director
of Legislative Affairs.}
Allegheny County
Housing Court
receives Judicial
Services Award
left to right: Judge Patrick Connelly, Administrative Judge Christine
Ward, Case Management Coordinator, Candice Malizio, Deputy
Court Administrator/Civil Div. Dianne Wainwright, Housing Ct. Help
Desk Supervisor, Shawnell Smith and Housing Court Data Clerk,
Quinn Kobelak
4
Christine
Allegheny County Administrative Judge Christine
WardWard and Deputy Court Administrator, Civil Division,
Dianne Wainwright
Dianne Wainwright were recently honored with the
Judicial Services Award from the Allegheny County
Bar Foundation.
The award was given for the work done over the past
year with the Civil Division’s Housing Court and the
Housing Court Help Desk, which were created in
June 2019 as a result of Judge Ward’s vision.
Recognizing that litigants could benefit greatly from
streamlining residential housing disputes between
owners and renters, Judge Ward sought to designate
a specific judge (Judge Patrick Connelly
Patrick Connelly) to hear all
motions, petitions and trials for these types of cases.
The Housing Court includes a Help Desk where
litigants can obtain forms, ask questions about
procedures and case status and receive answers
from knowledgeable Help Desk team members.
“Having the Housing Court Help Desk in place when
the pandemic hit was invaluable,” Wainwright said.
“Since March of 2020, we partnered with numerous
local agencies – including the Allegheny County
Department of Health, Neighborhood Legal Services
Association etc. – to work with litigants who are
attempting to obtain funds through the Emergency
Rental Assistance Program.”
“Judge Ward and I are humbled and grateful, but we
are also very proud of Judge Connelly, his staff and
the Help Desk team who serve litigants each day,”
she said.
Chief Justice Emeritus Saylor Retires
After a long and distinguished career
including 28 years on the bench, Chief
Justice Emeritus Thomas G. Saylor
Thomas G. Saylor
will retire at the end of 2021.
Over the past few months, the
Court, legal scholars and a host
of organizations have recognized
and celebrated the Chief’s tenure,
immeasurable contributions to the
judiciary and the legal profession, his
commitment to judicial education and
some would say most importantly, his
love of animals.
Known to his colleagues as Tom,
Saylor received his B.A. from the
University of Virginia, his J.D. from
Columbia University School of Law,
and an L.L.M. from the University of
Virginia School of Law.
After early years in private practice,
Saylor spent the bulk of his career
in public service, serving as First
Assistant District Attorney in Somerset
County and First Deputy Attorney
General for Pennsylvania. In 1993
he was elected to the Pennsylvania
Superior Court and in 1997 to the
Supreme Court of Pennsylvania.
His tenure on the bench has been
praised by legal scholars. During a
recent ceremony honoring Saylor,
Duquesne University President Ken
Gormley described the Chief Justice
Emeritus (CJE) as “being at the top
of the list of extraordinary luminaries
who have served in the Supreme
Court chamber.”
Gormley pointed out that what the
CJE is probably most well-known
for is crafting opinions which are
“deliberative, rigorous and measured
– reflecting what the CJE set as his
goal for his time on the bench to ‘First,
do no harm and issue opinions and
rulings that stand the test of time.’ “
Chief Justice Emeritus Thomas Saylor
Saylor is regarded as an expert in
many areas of the law, but most
notably in constitutional law.
His opinions, decisions and law
review articles in that area have
been described as powerful and
extraordinary works in a distinguished
body of jurisprudence.
During his time as Chief Justice,
CJE Saylor observed that like all
judges, he was at times faced with
difficult choices, but quotes former
U.S. Supreme Court Justice Antonin
Scalia who said, “If you are going
to be a good and faithful judge, you
have to resign yourself to the fact that
you are not always going to like the
conclusions you reach.”
Steadfast in his commitment and
dedication to the Court, the rule of law
and the people of Pennsylvania, he
remained focused on ensuring justice
for all. He led the Court with a calm,
thoughtful demeanor, going to great
lengths in his opinions to detail his
reasoning on complex legal issues
while always remaining respectful of
the opinions of his colleagues.
Throughout his career, CJE Saylor
has been revered as a mentor and
inspiration to young lawyers, with
many noting that the chance to argue
before him in court session was a
highlight of their careers. His focus on
and involvement in judicial and legal
education has helped to shape the
next generation of legal practitioners.
Chief Justice Emeritus Saylor will
leave the Supreme Court as he
came – quiet in nature and respected
beyond measure. As he prepares to
transition from the bench and solidify
his plans for the future, one thing is
certain – he has left a lasting impact
on those who worked with him, argued
before him and were influenced by
him.
5
Revisions to UJS Public
Access Policies
The Court has recently amended
two public access policies effective
Jan. 1, 2022.
Amendments to sections of the
Case Records Public Access Policy
require filers to safeguard confidential
information using a Confidential
Information Form.
Prior to these amendments, an
appellate or trial court could permit
the filing of any document in two
versions – a “Redacted Version” and
an “Unredacted Version” – when
the document contains confidential
information as defined in Section 7.0
of the Policy. Unredacted versions
of documents filed with a court on or
after Jan. 6, 2018 pursuant to prior
versions of the Case Records Policy
are not accessible to the public.
Now, all litigants and attorneys
throughout the state will utilize
the same method to safeguard
confidential information.
support the statewide practice of law
by members of the bar.
The Electronic Case Record Public
Access Policy (ECR Policy) was
amended to incorporate electronic
case record information residing in
the Guardianship Tracking System
(GTS) and provide that information
maintained in GTS is not accessible
by the public – except for aggregate
or statistical data that does not
identify an incapacitated person.
These provisions complement
those in the Case Records Public
Access Policy that generally prohibit
access to case records concerning
incapacitated persons at the
courthouse and via remote access.
Information that would be accessible
under the ECR Policy includes,
for example, how many active
guardianships petitions have been
filed, granted or terminated. Public
release of such data will be facilitated
by the AOPC.
Implementing a single, statewide
approach for the treatment of
confidential information throughout
the courts of the Commonwealth will
establish procedural uniformity and
moreinformation
Additional information about these
policies can be found on the Public
Records page of the UJS website.
6
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 @pennsylvaniacourts
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
AOPC Releases Educational Toolkit to Teach
Students about the Pennsylvania Judiciary
The Pennsylvania Courts joined schools across the state
to celebrate American Education Week in November by
launching a civics educational digital toolkit aimed at
helping children learn about the work and role of the
Pennsylvania courts.
Spearheaded by the Pennsylvania Supreme Court’s
Commission on Judicial Independence, the project
includes:
• Digital one-pagers on topics exploring the layers of the
Pennsylvania court system, how the courts work, the
importance of judicial independence, the role of a judge,
how judges are elected, how a case progresses through
the system and much more;
• Videos to complement and further expand on topics,
giving a visual aid to students and teachers;
• 3D video offering tours of courtrooms, complete with
interactive educational points to learn more about the
effects in the rooms; and
• Games for the younger audience including the Flat
Judge project, modeled after the Flat Stanley project
used by schools across the nation.
“Pennsylvania judges are part of the communities in which
kids live, but too much critical information is missing to
help kids understand why the courts matter so much,” said
Commission Co-Chair, former federal judge and current
Dickinson College President John E. Jones III. “If we can
reach them through technology and teach them about the
critical role the courts play in their lives, we can light a fire
in the next generation of civic leaders."
“A critical part of the mission of the Judicial Independence
Commission is to educate all Pennsylvanians about
the work and role of the courts in our communities,”
Commission Co-Chair and Commonwealth Court Judge
Renee Cohn Jubelirer said.
Renee Cohn Jubelirer
“This new resource incorporates concepts and ideas which
we hope will be appealing and educational for students at
all grade levels, but also complement curriculum currently
being used by school districts across the state.
7
Pa. Courts Launch
Civics Education Toolkit
info
P A C O U R T S
As one of the three branches of government, the judiciary reflects the core values of American
democracy while acting as one of its essential pillars. Created by the Pa. Supreme Court, the
Commission on Judicial Independence is charged with fostering a greater public understanding
about the role of the courts and explaining the essential need of an independent judiciary.
As part of their efforts, a comprehensive civics education toolkit was developed as a resource for
teachers, students and the public to learn more about the work, role and structure of the state’s courts.
Key Components
Learn about a wide range of court-related topics:
Role of
the Courts
How the
Courts Work
Our Pa.
Court System
How a Case
Progresses
Flat Judge
Project
Explore Pa.’s
Appellate Courtrooms
Educational Videos
The webpage contains several animated videos designed for all grade levels explaining how our state
government works, how judges are selected and held accountable, how the jury system works and why judicial
independence is so important.
Three Branches of Government (Primary Grades)
Three Branches of Government (Secondary Grades)
To view the toolkit in its entirety, visit www.pacourts.us/civics-ed.
#CourtsInTheClassroom
8
AOPC Legal staff transitions
After 35 years of service to
the Commonwealth, AOPC
Chief Counsel Greg Dunlap
Greg Dunlap
will retire at the end of the
year.
“On behalf of the AOPC,
I thank Greg for his
exceptional service to
government for more
than three decades,”
said Court Administrator
of Pennsylvania Geoff
Geoff
Moulton. “His legal
Moulton
knowledge and quiet
professionalism have
served us beyond measure,
and we wish Greg all the
best in his retirement.”
Dunlap was appointed
in 2015 as AOPC’s Chief
Counsel and has managed
the Legal Department for
more than six years under
Court Administrators Tom
Darr and Geoff Moulton.
The Legal Department,
including the chief counsel
and 12 staff attorneys,
serves the judiciary
in innumerable ways,
including representation in
a wide range of litigation
in federal and state courts,
counseling on a broad
array of subjects and
support for a variety of
transactions and leases.
Before joining AOPC,
Dunlap worked for the
Governor’s Office of
General Counsel (OGC)
for 26 years as a deputy
general counsel. At
OGC, Greg served a
variety of important roles
under six gubernatorial
administrations, including
as first deputy general
counsel to the governor,
OGC’s chief of litigation,
manager of judicial
appointments and acting
chief counsel to the
Departments of State,
Education and Banking.
He also served as counsel
to the State Board of
Education for 25 years.
In 2001, the Pennsylvania
Bar Association
Government Lawyers’
Committee honored Dunlap
with its annual “Government
Lawyer of the Year Award,”
recognizing a government
lawyer who has made a
significant contribution
or has dedicated his or
her career to outstanding
service to the profession
for benefit of the public or
government entity.
Dunlap began his career
over 38 years ago with
the Pennsylvania Superior
Court, where for two
years he served as a law
Donald E.
clerk for Judge Donald E.
Wieand
Wieand. He also served
as a litigation attorney for
several years with Cozen
O’Connor in Philadelphia.
“It has been a distinct
honor and great
pleasure during most
of my career as an
attorney to have served
the Commonwealth of
Pennsylvania in both
the executive and
judicial branches. I
have always regarded
government service as
among the most noble
of callings, and I could
not have dreamed
of a more gratifying
experience than the
one I was so privileged
to enjoy here in
Pennsylvania’s capital.”
So, what’s on the horizon for
Dunlap? He looks forward
to spending more time with
Peg, his beloved wife of
9
Greg Dunlap (l) and John Witherow (r)
nearly 35 years, and his
three adult children, and
perhaps to exploring worthy
volunteer opportunities
and finding some new
hobbies. But he will always
cherish and miss the many
friends that enriched his
Commonwealth service,
especially his colleagues at
AOPC.
Beginning in January,
Dunlap will be succeeded
by John Witherow
John Witherow, chief
law clerk to Pennsylvania
Supreme Court Justice
Thomas G. Saylor.
Thomas G. Saylor
For the past 24 years,
Witherow has served the
Pennsylvania Supreme
Court and Justice Saylor
in all facets of the Court’s
work with a focus on
opinion work, operations
and managing chambers
staff.
“I am personally indebted
to John for his 24 years of,
commitment and dedication
to the work of the Court,”
said Justice Saylor. “He has
been a friend and trusted
confidant and I wish him
the very best in his new
endeavor leading AOPC’s
legal team.”
Prior to joining the staff
for the Court, Witherow
practiced law in Harrisburg
for 10 years at several law
firms as well as served as
a law clerk to Judge Robert
J. Woodside in the U.S.
Bankruptcy Court Middle
District of Pennsylvania.
Notably, Witherow served
in the Pennsylvania Army
National Guard for eight
years as an executive
officer, platoon leader and
helicopter pilot. He is a
published author drawing
on his experience in the
military and as an attorney
sensitive to the challenges
of the American criminal
justice system.
“I am appreciative that
Chief Justice Emeritus
Saylor took me under his
wing 24 years ago and has
let me lend a hand through
the completion of his legacy
as a most dedicated and
principled Justice and Court
leader,” said Witherow. “His
gracious mentorship has
improved my abilities as
a lawyer greatly, in terms
of seeing the big picture,
caring for the small details
and everything in between.”
Looking toward the
future, Witherow said,
“I am very much looking
forward to working more
closely with AOPC’s
team of professionals
to address the complex
issues arising in a
statewide judicial
system.”
Justice Dougherty
gives presentation
on Kings Bench
Authority
Pennsylvania Supreme Court Justice
Kevin Dougherty
Kevin Dougherty gave a Continuing
Legal Education (CLE) presentation
on Kings Bench Authority to the
Luzerne County Bar Association in
October.
First Female Judge Elected in Bedford County
Bedford County Judge
Brandi Hershey
Brandi Hershey made
history in November 2019
when she was elected
to be the county’s first
female judge.
“Regardless of whether
a community is rural or
urban, I think that people
simply want a judge
who is fair-minded and
understands the law,
regardless of gender. I
am humbled by the trust
the citizens have placed
in me to make important
decisions for the families
of Bedford County,” Judge
Hershey said.
During her 20 years
as a lawyer, Hershey
has represented
individuals, businesses,
municipalities and
nonprofit organizations
– eventually starting her
own law firm in 2012.
Some of her prior roles
have included assistant
district attorney in
both Bedford and Blair
counties, special deputy
attorney general with the
Pennsylvania Attorney
General’s Office and
the Governor’s Office of
General Counsel and
president of the Bedford
County Bar Association.
Hershey has been
recognized for her
community service with
many prestigious awards
throughout the years
and played an active
leadership role in the
Bedford County Pink
Ribbon Fund, serving as
the 2017 Survivor Chair
for the Breast Cancer
Walk and as the Chair
of the Fund’s Allocation
Committee.
She earned a bachelor’s
degree from the California
University of Pennsylvania
and received her law
degree from Dickinson
School of Law.
Security upgrades at the Bedford County Courthouse
The Bedford County Courts, through
the efforts of their Court Security
Committee, recently worked with the
county maintenance department to
upgrade courthouse security.
The renovations included replacing
the counter in the Court Administration
Office with a solid wall with ballistic
panels and transaction glass.
Previously, the only barrier between
the office staff and the public was the
open countertop and a swinging half
door.
the judges’ secretaries and court
administration staff to buzz people
into the judicial wing.
The entrance to the judicial wing was
also upgraded from two glass doors
that did not lock and replaced with
two solid locking doors and a swipe
card system installed for court staff.
Additionally, a video doorbell was
installed at the entrance that allows
10
In addition to securing the other
entrance into the judicial wing, the
Court Security Committee is also
working on plans to develop a
screening process and install security
screening equipment for the front
entrance to the Courthouse.
Language Access Summit
As with many things during the
pandemic, this year’s Language
Access Coordinator Summit was
held remotely via WebEx for the
second year in a row.
The summit consisted of five, hour-
long sessions spanning six weeks:
• You Never Have a Second
Chance to Make a First
Impression: New Mexico’s
Language Access Initiatives
Outside the Courtroom
•
Training Staff & Judges on
Language Access
• Best Practices for Working with
Interpreters
• What’s New in Language Access
Data Collection
•
The Art & Science of Translation.
Paula Couselo-Findikoglu, Court
Services Deputy Division Director for
New Mexico’s Administrative Office
of the Courts, kicked off the summit
as its keynote speaker on Oct. 14.
Sharing insight with the district
language access coordinators about
what New Mexico’s judiciary has
been doing to further language
access, she discussed various
training and office protocols that
assist their large limited English
proficient (LEP) population.
Of note was a virtual avatar platform
they created called “Clara” that can
speak multiple languages to assist
those who visit the courthouse and
the judiciary’s website.
In addition to “Clara” smart kiosks
that can direct court users to the
appropriate courtrooms, provide
relevant court forms and answer
frequently asked questions, a video
remote interpreting platform called
“Clara Connect” is also being rolled
out to assist LEP court users who
need an interpreter.
Pennsylvania’s language access coordinators (LAC) were inspired by what
New Mexico is doing to help LEP court users in a technologically savvy way.
All of the summit sessions have been recorded and can be found on the
Language Access Coordinator Protected View Page, accessible for LACs via
the Language Access & Interpreter Program page of the UJS website.
moreinformation
please contact your local language access coordinator or Court Access
Coordinator Mary Vilter.
11
Early Identification of Pennsylvania Veterans
Key to Success for Justice-Involved Veterans
Pennsylvania’s Veterans Treatment
Courts have launched an outreach
campaign to encourage all justice-
involved veterans to promptly notify
the court, attorney or law enforcement
officer that they served in the military.
Pennsylvania veterans may be
eligible for a Veterans Treatment
Court or other programs to help them
with service-related issues involving
posttraumatic stress disorder, brain
injuries and substance use disorder
or if they were the victim of sexual
or physical abuse while in military
service.
“Our goal is to help support our
veterans -- to help them find their way
back home -- and early identification
as veterans is critical to their success,”
said Pa. Supreme Court Justice
Debra Todd. “Courts encourage
veterans who become involved with
the criminal justice system to report
their veteran status. Some may not
report their status because they are
embarrassed that they have been
charged with a crime or they do not
understand that serving in combat is
not a requirement for recognition as a
veteran.”
As part of the campaign, the
Administrative Office of Pennsylvania
Courts developed several posters
encouraging early identification for
justice-involved veterans and for
Magisterial District Court judges
and court staff to help determine
if someone is a veteran and if they
qualify for support and services.
Improving communication of services
and programs for justice-involved
veterans is a critical component of
the campaign by connecting veterans
with their local Veterans Affairs (VA)
Veterans Justice Outreach (VJO)
specialist. The VJO can help veterans
identify support options and VA
benefits. Participation in Veterans
Treatment Court is not required to
receive their support.
Veterans Treatment Courts assist
veteran defendants who are
struggling with addiction, mental
illness or co-occurring disorders,
who come in contact with the
criminal justice system. Using the
drug court model, these courts
combine treatment and personal
accountability, with the goal of
breaking the cycle of addiction and
criminal behavior.
Pennsylvania currently has 25
Veterans Court programs, the first of
which opened in Lackawanna County
in Nov. 2009.
Pennsylvania Veterans Courts
Recruiting Veteran Mentors
“Pennsylvania has the fourth highest
population of veterans in this country,
nearly 800,000, and their struggles
affect all of our communities and
the need for men and women who
have served our country to help their
fellow veterans continues to grow,”
Justice Todd said. “The success of
veterans participating in veterans
courts depends in great part on the
availability of mentors to support
them as they navigate their way
through the court, treatment and VA
systems.”
Those interested in serving as
volunteer veteran mentors are
encouraged to learn more and submit
an application to the office of the
court administrator or the Veterans
Court coordinator in the county in
which they would like to volunteer.
More information about
Pennsylvania’s Veterans Treatment
Courts and becoming a mentor is
available on the PA Courts’ website,
Facebook and Twitter.
Recruitment efforts are
currently underway for
veterans interested in playing
a critical role as volunteer
mentors in Pennsylvania’s
Veterans Treatment Court
program.
“Volunteer veteran mentors
serve as role models and
coaches for justice-involved
veterans participating
in veterans courts,”
Pennsylvania Supreme Court
Justice Debra Todd said.
“Through their time and
commitment to their fellow
service members, these
mentors make a life-long
impact at a time when it is
most needed.”
12
DID YOU SERVE
IN THE MILITARY?
Do you want to serve your fellow servicemen and
servicewomen who are struggling right now?
Become a volunteer veteran peer mentor to help justice-involved veterans
today! Volunteer peer mentors SERVE as role models and coaches for
justice-involved veterans participating in veterans treatment courts. With a
small time commitment, you can have a HUGE impact on a veteran’s life.
NEXT STEPS: Contact your local District Court Administrator or
Veterans Court Coordinator at your county courthouse to inform them
of your interest and learn more about veterans treatment courts in your
county or a county nearby.
CONTACT: ____________________________________________________
VISIT WWW.PACOURTS.US KEYWORD “VETERANS TREATMENT COURT”
D E PA R T M E N T S P OT L I G H T:
Judicial District
Operations and
Programs
The Judicial District Operations and Programs Department serves as the
point of contact for all district court administrators (DCAs) and their staff,
as well as president and administrative judges on issues related to their
administrative functions.
The mission of the department is to assist with the efficient operation of
Pennsylvania’s minor and trials courts, and to promote equitable access
to and administration of justice.
The department works closely with the Pennsylvania Supreme Court and
with other departments within the AOPC to assist in implementation of
policies, procedures, rule changes and reporting standards.
Led by AOPC Judicial District Operations and Programs Director Joe
Joe
Mittleman
Mittleman and Assistant Director Christy Beane
is comprised of judicial programs administrators, analysts and
administrative assistants, who have expertise in court management and
court operations, as well as variety of specialty skills and talents.
Christy Beane, the department
There are five units within the Judicial District Operations department:
Senior judge assignments
Senior judge assignments
Department staff administer the senior judge program, including
processing applications for certification of senior judges and managing
requests for senior judge assistance from judicial districts. Staff also work
Top row (l to r): Christy Beane, Brandy Yasenchak, Natalia Petrova, Diane
Bowser, Osvaldo Aviles, Owen Kelly, Keith Hinkel, Danette Oakes, Mike
Passiment, Amy Kehner, Cathy Kelly, Nevin Warner, Andy Simpson (recently
transferred to AOPC Judicial Education) Front row (l to r): Cherstin Hamel,
Angela Lowry, Joe Mittleman, Linda Botti, Rick Pierce
13
with judicial districts concerning president
judge elections and requests for change of
venue/venire.
Office of Elder Justice in the
Office of Elder Justice in the
Courts (OEJC)
Courts (OEJC)
The OEJC educates judges, court staff,
attorneys, guardians, and the public on best
practices in the areas of guardianship, elder
abuse and neglect, and access to justice,
while calling attention to the prevention
of elder abuse. The OEJC is guided in
their efforts by an advisory council, an
interdisciplinary group appointed by the Pa.
Supreme Court and chaired by Judge Paula
Paula
OttOtt.
Problem-solving courts
Problem-solving courts
The problem-solving court (PSC) unit assists
the judicial districts by providing training and
support for counties who are interested in
starting, expanding or maintaining a PSC.
• Manages the Pennsylvania Supreme
Court's Drug Court and DUI Court
Accreditation Programs – an
examination of a PSC’s adherence to the
10 key components and best practice
standards, which were established
by the National Association of Drug
Court Professionals and are a guide
to successful program operation and
outcomes.
• Oversees the Problem-Solving Adult
and Juvenile Courts Information
System (PAJCIS) – the statewide case
management system for problem solving
court cases which provide data and
statistics about problem solving courts
statewide.
•
Provides scholarships for staff to attend
conferences and allocates grants to
judicial districts to offset the costs of new
or existing PSC programs and develop
training programs.
Interpreter services
Interpreter services
Staff in this unit are responsible for
the training, testing and certification of
interpreters. They maintain a list of certified
and qualified interpreters, and they assist
court administrators in the procurement of
court interpreters for uncommon languages
or for which there is not certified interpreter
on the list. Staff in this unit are also key
participants in the implementation of the
statewide language access plan.
Court operations
Court operations
The remaining department staff are
responsible for a variety of general
court operations. The ongoing or
recurring functions include:
• Reestablishment –
Reestablishment – Staff provide
data and support for the
Decennial Magisterial District
Reestablishment, which requires
that the Court reestablish the
numbers and boundaries of the
magisterial districts the year after
the census figures are certified by
the Census Bureau.
•
•
Training –
Training – Department staff
develop and conduct trainings,
webinars and continuing
education programs for local court
staff and judges, including the
annual New Court Administrator
Orientation, President Judge
Symposium, Magisterial District
Court Administrator Symposium
and other in-person trainings.
STOP Grant administration –
STOP Grant administration – Staff
allocate federal grant funding
to support court programs and
services to benefit victims of
abuse.
Common Pleas Judicial Needs
• Common Pleas Judicial Needs
Assessment –
Assessment – The department is
responsible for determining each
district's eligibility for senior judge
usage.
including the President Judge
Desk book, Court Administrators
Reference Manual and
Pennsylvania Central Court
Resource.
•
Employee Management –
Employee Management – Staff
handle local court requests for
state-level court administration
personnel and annual
performance evaluations for
all state-level judicial district
employees.
• Reference documents –
Reference documents – Staff
develop and maintain resources
• Continuity of Operations Planning
Continuity of Operations Planning
(COOP) –
(COOP) – The department ensures
that essential court functions can
be maintained in the event of a
catastrophic event.
• Department staff also assist local
courts in responding to audits from
the Auditor General or county
controller.
COMPONENTS OF JUDICIAL DISTRICT OPERATIONS DEPARTMENT:
PROBLEM-SOLVING
COURTS
COURT
OPERATIONS
OFFICE OF ELDER
JUSTICE IN THE
COURTS
SENIOR JUDGE
ASSIGNMENTS
INTERPRETER SERVICES
President Judge by Day, Professor by Night
For more than 10 years,
Lancaster County President
Judge David L. Ashworth
David L. Ashworth
has been teaching a
community-based learning
course titled, “Problem-
Solving Courts: A Different
World” at Franklin and
Marshall College.
As a senior adjunct
professor, PJ Ashworth
created and designed
the course that is offered
to students as part of
Franklin and Marshall’s
Public Health and Policy
Curriculum.
The interdisciplinary course
introduces students to the
real world of problem-
solving courts, including
drug courts, veterans courts
and mental health courts,
and includes a hands-on
experiential examination
of traditional courts, drug
court models and addiction
issues.
During the course, students
interact directly with drug
court participants and
members of the Lancaster
County Adult Drug Court
team.
“Teaching at F&M has
given me the opportunity
to interact with young
people with tremendous
potential who will some
day be running our
country,” PJ Ashworth said.
“Hopefully, by taking this
course, they will be able to
make informed decisions
regarding people with
substance use disorders to
the benefit of everyone.”
PJ Ashworth is the county's
first and only drug court
judge since the program
was first established
in 2005. Since then,
14
Lancaster County President Judge
David Ashworth
under his direction, over
230 participants have
graduated.
Local foundation helps Lawrence County Treatment
Court participants enjoy Thanksgiving
This Thanksgiving, the
Aaron Michael Cangey
Memorial Foundation
graciously donated
their time and financial
assistance to help Lawrence
County Treatment Court
participants with their
holiday groceries.
Braving the frigid
temperatures, volunteers
from the foundation came to
the Adult Probation Office
on the Monday before
Thanksgiving to deliver the
groceries to the participants
who signed up.
Seven treatment court
participants were able to
take home an abundance
of grocery items including
a turkey, potatoes, fresh
produce, milk, eggs, bread,
canned and boxed items,
paper products, foil baking
trays, and a case of water.
“Our goal was to have
everything there to make a
meal – down to the spices,
proper baking trays and
Thanksgiving- themed
plates,” said Foundation
Director Ginny Jacobs. “We
also decided to throw in a
few fun items like cake mix,
icing and hot chocolate with
marshmallows.”
Created in 2019 after the
passing of Lawrence County
Assistant Public Defender
Aaron Cangey in 2018, the
foundation was started
by Aaron’s family to help
treatment court participants
with various financial
needs – including help with
schooling costs, interview/
work clothes, paying
restoration fees for their
driver’s license, etc.
“Our Program has been
extremely blessed to work
in conjunction with the
Aaron Michael Cangey
Memorial Foundation,”
Lawrence County Treatment
Court Probation Officer
Sarah McCowin said.
Sarah McCowin
“Lawrence is a small county
with limited resources,
so connecting with the
Cangey Family through the
Foundation has enabled
us to help our participants
in ways we wouldn’t have
been able to otherwise.”
FOR MORE INFORMATION ABOUT PENNSYLVANIA’S COURTS, VISIT:
www.pacourts.us
Facebook
@pennsylvaniacourts
YouTube
@PACourts
Twitter
@PACourts
Instagram
@pennsylvaniacourts
15
Diversity, Equity and Inclusion –
A Journey with No Final Destination
By Rick Pierce, Judicial Programs administrator, AOPC Judicial District Operations and Programs
(l to r) President Judge Idee C. Fox (Philadelphia), Director for Racial Justice and Equity at the National Center for State Courts Edwin Bell,
Court Administrator Will Simmons (Georgia) and Court Administrator Nicole Garcia (Arizona)
Diversity, equity and inclusion (DEI) appears to connote
different meanings depending upon where you receive
your news. But what exactly is DEI?
There is much misinformation surrounding this subject.
When addressing our courts, we take on the literal
meaning of practicing equity and inclusivity for all people
from all cultures and backgrounds.
We also recognize our courts and those who work in the
justice system may think we are inclusive and equitable.
It is telling, shocking even, when we see data that shows
how homogenized we are in makeup and how very likely
it is we treat those from a minority group (race, gender,
sexual orientation or identification, socio-economic status,
education, to name a few) differently and not equitably.
AOPC Judicial District Operations and Programs recently
produced a webinar for district court administrators and
deputy court administrators across the Commonwealth.
Headlining the panel of presenters was the Director
for Racial Justice and Equity at the National Center for
State Courts, Edwin Bell. Mr. Bell was joined by court
administrators from Georgia, Will Simmons and from
Arizona, Nicole Garcia. Pennsylvania was ably represented
by another headliner, President Judge Idee C. Fox
Idee C. Fox from the
First Judicial District, Philadelphia.
Mr. Bell provided an overview of what DEI is, and is not. He
provided strategies for how each court can become more
inclusive and equitable for the people it employs as well
as addressing those needs of all court users.
Each panelist shared experiences where they may have
felt marginalized or disenfranchised from a personal
and professional position. One never truly understands
what it means to be marginalized until one has such
an experience first-hand or at least witnesses micro-
aggressions toward an individual from a minority group.
This hour session was the first step in a process for all
of us. It served as an introductory dialogue to help all
of us prepare for even more meaningful and fruitful
conversations to take place between and among court
employees and court users from those in the majority with
those who have been marginalized.
Future sessions in 2022 will address recruiting strategies
to include individuals who are underrepresented or have
been disenfranchised with the courts as an employer.
We will seek to convene sessions on courageous
conversations that will serve as a springboard to
perspective taking and perspective giving from those in
the majority with those who have been excluded.
We must realize addressing diversity, equity and inclusion
is a journey with no final destination. There is no set goal
or objective other than to take the perspective of someone
who has been marginalized. Perspective taking (and
perspective giving from those marginalized) will bring us
closer to ensuring that justice is not just for those in the
majority, but for all.
16
GREATER PARENT
PARTICIPATION, EFFICIENCIES
SEEN IN VIRTUAL CHILD
WELFARE HEARINGS
Virtual hearings for child welfare cases offer plenty of benefits, and they have a future after the coronavirus pandemic
ends. But they also present limitations, according to interviews with presiding judges.
This summer, NCSC issued a “Study of Virtual Child Welfare Hearings Impressions from Judicial Interviews
Study of Virtual Child Welfare Hearings Impressions from Judicial Interviews” to offer
insight into the effectiveness of virtual hearings and perceptions of how families, lawyers and case workers adapted
to them. The interviews were part of a larger study, funded by Annie E. Casey
Annie E. Casey and Casey Family Programs
Casey Family Programs, due to be
released later this year. The judges who participated range in experience from one to 29 years on the bench and work
in big cities, rural counties or in between. The interviews led to these conclusions:
•
Parents participate more frequently. Judges attributed this to parents not having to travel, find parking, take time off
Parents participate more frequently.
from work and enter the often-intimidating atmosphere of a courtroom.
•
“I was surprised by the increased level of participation by both parents and children,” said Associate Judge Thomas
Stuckey, who works in Centex Child Protection Court in Seguin, Texas. “Parents were able to appear in court without
missing work or having anxiety about coming to the courthouse.”
• Most judges prefer using video but don’t require it.
Most judges prefer using video but don’t require it. Lawyers and court professionals almost always appeared on
camera, but parents did not. This calls into question whether judges should require all participants to be on camera.
• Virtual hearings facilitate time-specific scheduling in some courts.
Virtual hearings facilitate time-specific scheduling in some courts. Time-specific scheduling is a long-standing
recommendation for child welfare cases rather than assigning multiple cases for a morning time slot or an afternoon
time slot.
hearings.
•
Judges differ on whether virtual hearings make their jobs easier. Some said the hearings allow them to see
Judges differ on whether virtual hearings make their jobs easier.
witnesses’ faces up close on camera and make it easier to observe how participants react to testimony. Others
pointed out that the hearings make it more difficult to assess witness credibility, recognize witness coaching, and
make personal connections with parents and children.
• Virtual hearings seem to be more time efficient.
Virtual hearings seem to be more time efficient. They reduced travel time and time spent in courthouses for
attorneys, case workers and others. They allowed attorneys to appear in courts in multiple jurisdictions on the same
day, and many judges found that attorneys were as well or better prepared for virtual hearings than for in-person
•
The hearings allow more “support people” to attend. Besides parents, several judges said foster parents, therapists
The hearings allow more “support people” to attend.
and relatives appeared more frequently because virtual hearings are more convenient to attend.
• Most judges say virtual hearings are the new normal.
Most judges say virtual hearings are the new normal. Some judges lament the loss of decorum in virtual hearings
and say that environment sometimes dampens the gravity of the situation, but most see a future for these hearings
at least some of the time.
Judge Stuckey said, “I believe we’ll see the development and implementation of a hybrid model, allowing court
participants the option to appear remotely when we return to in-person hearings.”
This content was reproduced with permission from the National Center for State Court’s newsletter – @ the Center.
17
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Downloads: You can download both the original form (last checked 2023-03) and the machine-processed form with normalized data fields.
Use our Rate My PDF tool to learn more. Go beyond the above insights and learn more about this or any pdf form at RateMyPDF.com, includes: counts of difficult words used, passive voice decetion, and suggestions for how to make the form more usable.
We have done our best to automaticly identify and name form fields according to our naming conventions. When possible, we've used names tied to our question library. See e.g., user1_name. If we think we've found a match to a question in our library, it is highlighted in green. Novel names are auto generated. So, you will probably need to edit some of them if you're trying to stick to the convention.
Here are the fields we could identify.
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