Here is the text we could read:
Issue 4, 2019
newsletter of the administrative office of pa courts
Has few or no
personal possessions
Is living and working on site
RECOGNIZING
SIGNS OF HUMAN
TRAFFICKING
Is not paid directly
Owes a large debt and is
unable to pay it off
Shows signs of poor
hygiene, malnourishment,
and/or fatigue
???
Shares scripted,
confusing, or
inconsistent stories
(continued on page 2)
HUMAN TRAFFICKING ON
JUDICIAL EDUCATION RADAR
A number of recent judicial education programs focus on recognizing, understanding
and addressing human trafficking crimes – including 14 Minor Judiciary Education Board
(MJEB) trainings for the 2019-2020 curriculum tailored to magisterial district judges,
and a Continuing Judicial Education (CJE) seminar in November for trial and appellate
judges.
Both of these programs were paid for using STOP Grant funds, a federal violence
against women grant, see pages 4 and 5.
The Villanova Law Institute to Address Commercial Sexual Exploitation (CSE),
in conjunction with MJEB Executive Director Susan Davis
Administrator Amy Kehner
Amy Kehner, developed the MJEB trainings.
Susan Davis and Judicial Programs
Superior Court President Judge Jack Panella
seminar, which featured a variety of presenters from prosecutors, to doctors and other
judges.
Jack Panella was lead faculty for the four-hour CJE
RECOGNIZING SIGNS AND
IDENTIFYING VICTIMS
Dr. Marita Lind from St. Christopher’s
Hospital for Children in Philadelphia
was invited to speak at the Nov. 7 CJE
seminar about the commercial sexual
exploitation of children, explaining to
judges where and how it can occur.
She spoke to the myriad of factors
that contribute to vulnerability in child
trafficking which are often taken into
account when traffickers are recruiting
their victims – this includes a potential
victim’s age, family, community and
medical factors.
Potential victims are often recruited
in places like malls and jails, but it’s
becoming increasingly prevalent for
traffickers to target their victims online.
Jamie Pizzi, Esq., Justice for Victims
Fellow at Villanova CSE Institute,
presented at three of the October
MJEB trainings.
In the MJEB training, Pizzi explained
that in order to get justice for these
victims, they first need to be identified
as victims.
“Many victims don’t understand the
difference between domestic violence
and human trafficking, which leads
to a lot of human trafficking victims
thinking they were just in an abusive
relationship,” Pizzi said at the MJEB
training.
2
“While on the
surface, a case
could look like a
prostitution or
domestic violence
case, the key
components to
recognize in human
trafficking crimes
are force, fraud
and coercion.”
Jamie Pizzi, Esq.,
Justice for Victims
Fellow
Law enforcement is beginning to
understand the signs that could
indicate when an individual who
has been prostituted, is actually
themselves a victim,” she said.
In fact, continually getting convicted of
prostitution could point to underlying
human-trafficking crimes.
“72 percent of human-trafficking
survivors have already had prior court
interaction,” Pizzi said.
While on the surface, a case could look
like a prostitution or domestic violence
case, the key components to recognize
in human-trafficking crimes are force,
fraud and coercion.
In the MJEB training, Pizzi went on
to explain that traumatic responses
are subjective and may vary between
victims.
Like traumatic responses, coercion is
also subjective and may depend on
the tactics the abuser used – which is
why some of the statute definitions are
intentionally vague.
HUMAN TRAFFICKING AND
SAFE HARBOR LAWS
In the federal Trafficking Victims
Trafficking Victims
Protection Act (TVPA) enacted in 2000,
Protection Act (TVPA)
a commercial sex act is defined as “any
sex act on account of which anything
of value is given to or received by any
person.”
Pizzi explained that anything of value
could apply to housing, money, drugs,
etc. – whatever the abuser may be
holding over a victim.
Both program presenters outlined
the details of Act 105 of 2014
Act 105 of 2014, which
was the first comprehensive human-
trafficking law in Pennsylvania.
“Our goal is to educate judges about
the relatively new human trafficking
law in Pennsylvania. It was adopted in
2014, but has taken quite a while for us
and law enforcement to get used to it
and figure out how to enforce it,”
PJ Panella said when speaking about
the CJE seminar.
In the MJEB session, Pizzi said the first
conviction by a jury trial under this Act
was in Lehigh County – debunking the
myth that human trafficking just occurs
in major metropolitan cities.
Both trainings also offered insight into
Pennsylvania’s Safe Harbor Law (Act Act
130 of 2018
130 of 2018), which aims to protect, not
prosecute, child victims.
APPLICATION OF HUMAN
TRAFFICKING LAWS TO THE
COURTS
Philadelphia Common Pleas Judge Lori
Lori
Dumas
Dumas created a specialty court called
Working to Restore Adolescent Power
(WRAP) Court in 2014, prior to the
enhancements for certain human-
trafficking charges.
Another issue judges face is Rule of
Evidence 404(b), which may allow
a defendant’s prior bad acts to be
brought up, but only to prove a
material fact at issue – not to prove
bad character.
Pizzi, in the MJEB session, had
explained that using a victim’s prior
criminal record to discredit them
is unfair because in many cases,
that record is actually proof of their
victimization.
Wrapping up the CJE seminar,
Superior Court Judge Mary P. Murray
Mary P. Murray
discussed some of the main issues
presented on appeal.
passing of safe harbor legislation.
At the CJE seminar, she explained
how WRAP court was designed
to address the specialized
needs of trafficked children in a
compassionate, trauma-informed
manner – a crucial aspect to
understand in these types of cases.
Having heard one of the first human
trafficking cases in Pennsylvania,
Northampton County Judge
Stephen Baratta
Stephen Baratta also addressed
some important issues for judges to
prepare for and be aware of in these
types of proceedings.
Some of those include understanding
the sensitive dynamics of a
human-trafficking trial; protecting
victims from any pre-trial publicity;
anticipating evidentiary objections;
and reviewing the sentence
UPCOMING:
The Villanova CSE Institute will be presenting one-hour webinars covering
topics similar to the MJEB trainings on Jan. 14 and Jan. 21 for interested
county court staff. Additionally, their Survivor Symposium will be held on April
2, for which AOPC is offering scholarships to five interested judges and court
staff to attend.
more INFORMATION
For more information visit cseinstitute.org
HUMAN
TRAFFICKING
VICTIMS MIGHT:
1. Not be allowed to speak
to anyone alone or make
independent plans
2. Not have access to
their own travel or ID
documents
3. Not be in control of their
own financial records,
money or bank account
4. Have very few personal
possessions and limited
clothing options
5. Work excessively long/
unusual hours with little or
no pay
6. Not be able to clarify their
address/living situation
Saving time, paper and postage costs
On March 8, 2020, a new
expungement process for both
magisterial district and Common Pleas
Courts will take effect.
The time-consuming nature of the
existing expungement process
requires county and magisterial
district court staff to generate and mail
thousands of paper expungement
requests each month. AOPC/IT staff
then review all of the requests and
perform the final steps to accomplish
expungement in the case management
systems.
After review, it was determined that
it is not necessary for AOPC/IT staff
to perform this lengthy confirmation
process, and that courts should
have the ability to complete the
expungement process on their own.
The enhancement automates all
the tasks that court users would
traditionally need to perform to
complete an expungement. Major
benefits of this new process include
significant savings in staff time, paper
and postage costs, as well as reducing
the overall time for completing the
expungement process.
Expungement orders will now be
treated like any other court order
where court staff can independently
take action without AOPC/IT
involvement.
“This system enhancement will
streamline the process by eliminating
unnecessary passing of paper between
Russel
the courts and AOPC/IT,” said Russel
Montcha
Montchal, AOPC/IT assistant director.
“It allows the courts to select and
process the cases to expunge directly
within the case management system
– eliminating the need to produce a
Request for Expungement form.”
Magisterial district courts will also
soon be allowed to expunge truancy
offenses. The new process will be
replicated in the Magisterial District
Judge System to permit those courts to
similarly expunge cases directly.
3
How can STOP Grant help fund your project?
Who might have access to STOP Grant funds?
What is STOP Grant?
The STOP Grant is a federal violence
against women grant that stands
for Services, Training, Officers and
Prosecutors (STOP).
The AOPC uses the annual
funding to provide support
and enhance court services
for victims of domestic and
sexual violence, human
trafficking or stalking.
All AOPC departments and offices
•
•
Judicial districts
•
Judges
• Court administrators
• Managers/supervisors
of domestic relations
•
Probation and parole
• Clerks and prothonotaries
•
Family legal services
•
Professional PA associations
where membership includes
court/court-related staff:
• Domestic Relations (DRAP)
• District Attorneys
•
Pretrial Services
• Chiefs of Police
• Court Management (PACM)
STOP Grant funds are frequently used
to support court participation in
coordinated community responses
to foster collaborative efforts to
combat violence.
In 2018, the federal Office of
Violence Against Women (OVW)
gave
out 56 awards
$154 million.
totaling
over
1 in 4 women and 1 in 7 men
experience severe physical
violence by an intimate partner*
In Pennsylvania,
122 victims died
from domestic violence
incidents last year
4
*2018 statistics from the Pennsylvania Commission on Crime and Delinquency
STOP Formula Grant
distributions:
Some past AOPC initiatives
funded by STOP Grant:
15 %
discretionary
distribution
5%
judiciary
30 %
victim
services
25 %
law enforcement
25 %
prosecutors
The OVW administers the STOP Grant and awards
money annually to Pennsylvania. PCCD manages
the award money and distributes five percent of
the grant funds to the judiciary.
Have an idea? You aren’t
limited to past uses of the
STOP grant. Contact us!
For more information, contact
Amy Kehner at Amy.Kehner@pacourts.us.
Trainings:
Judicial scholarships to attend related
training and conferences
Trauma-informed reporting and interpreting in
domestic
violence/sexual assault cases
• Military and veteran-related domestic violence
Addressing rural challenges and the impact
of language barriers on marginalized victim
populations
• Continuing education courses/seminars on:
•
•
•
•
Sexual and domestic violence
• Human trafficking
PA
ranks11th
in the volume of human
trafficking calls *
•
PFA best practices
39,048
Protection from Abuse
(PFA) orders were filed
in PA in 2018
Projects:
•
Protection order forms translated into
11 languages
• How to file for a protection order videos
•
Elder Abuse brochures and posters
• Bench books and bench cards
• Review/assess policies and procedures
•
Social media outreach campaign on PFAs
*Data from the National Human Trafficking Hotline
in the U.S.
5
County collaboration
leads to enhanced
court security
“The AOPC has also helped a lot through the years, with
certain training and grant funds provided to us,” Donofrio
said. “Making sure we’re securing each court equally has
required us to manage that money.”
With the upcoming relocation of one of their MDJs, she
explained that they plan to use the funds they receive next
year to secure that new building.
In Indiana County, a unique collaboration between the
courts, county commissioners and Sheriff’s office has
allowed for steady enhancements in court security.
Referencing the ongoing progress of the MDJ Security
Task Group, Rob Granzow
administrator, assured counties that they aren’t on their own.
Rob Granzow, AOPC Judicial District Security
William
A few years ago, Indiana County President Judge William
MartinMartin and Indiana County District Court Administrator
Christy Donofrio
Christy Donofrio sat down with their Sheriff and magisterial
district judges (MDJ) to come up with long-term security
goals for their courts.
Recognizing the fiscal restraints and their responsibility
to provide equitable security to each court office, they
gradually began phasing in parts of their plan – adding a
little more to it each year.
Progress began with the installation of interior and exterior
cameras (especially focused on parking areas) in all
magisterial district courts, which the Sheriff’s office monitors
in real time through a state-of-the-art system in their office.
Court security enhancements evolved to better protect
magisterial district court staff, including the ability for judges
to conduct arraignments via video conference and two
deputies that rotate between four of their MDJ offices.
“The deputy sheriff salaries come out of the Sheriff’s
budget, but it all comes from the county budget and our
commissioners signed off on that, having recognized the
need and the potential danger that was there, especially
after what happened in Fayette County,” President Judge
William Martin explained.
In a rural county where MDJ offices are not always located
near a police station, the Sheriff and commissioners soon
recognized after active shooter drills that response time was
a concern and eventually agreed to start with two deputies
– a compromise from the four originally requested.
When discussing how they overcame some of the
budgetary concerns involved, Donofrio and PJ Martin
explained that none of this happened overnight.
“This all came as a result of communication – we
communicate a lot with our Sheriff and commissioners,
especially when it comes to things that are security-related,”
Donofrio said.
“Budget time wasn’t the first time that security issues
with commissioners came up… when you go to the
commissioners, sometimes the answer is no. It’s not a
personal thing, but there’s only so much money in the
budget, and if they say no, come back later,” PJ Martin
added.
6
“This all came
as a result of
communication –
we communicate a
lot with our Sheriff
and commissioners,
NTY
U
O
A C
N
DIA
IN
especially when it
comes to things that
are security-related,”
Donofrio said.
“Our office is keenly aware of opportunities to enhance
security for magisterial district courts, and are fully engaged
in executing a road map to bring those resources to bear in
a uniform manner statewide,” he said.
As Indiana County continues to expand their already
impressive security measures, they advised other counties
looking to enhance their security to begin by first getting a
plan together and gradually increasing communication with
other county officials.
Their ongoing progress comes as a result, not of technology
or extra funding, but of consistent communication and
professional collaboration with county officials who share a
mutual concern for safety.
“The most important thing was really having everyone
in leadership, including the PJ, recognize that we have a
responsibility to provide our citizens access to justice – and
to us, that also includes safety,” Donofrio said.
County representatives and judges from the Family Engagement Initiative
AOPC produces community-outreach campaign to help
strengthen children, families and communities
Over the past few months, the Office
of Children and Families in the
Courts (OCFC) worked closely with
AOPC/Communications to create
a community-outreach campaign –
Families are Worth it.
The campaign highlights the
significant role family, close friends
and community members play in
helping children in the child welfare
system grow up healthy and happy.
The purpose of the campaign is to
encourage community members to
work alongside child welfare agencies
and courts to support families.
keeping kids safely in their own homes,
neighborhoods, schools and places of
worship. Focusing on the well-being
of the child as well as the entire family
is incredibly important in providing
the tools children and families need to
facilitate success.
As part of the campaign, 11 counties in
Pennsylvania currently participating in
The Family Engagement Initiative will
use a customized video and poster to
encourage community involvement –
because communities help strengthen
families and families help strengthen
communities.
Child welfare professionals, judges
and lawyers recognize the benefits of
The video encourages anyone living
or working in each of the 11 counties
to volunteer their time, be a mentor
or support families in need by lending
a helping hand with their skills and
services.
At this time, participating counties
include Beaver, Blair, Butler, Clinton,
Fayette, Lackawanna, Northampton,
Snyder, Tioga, Union and Venango.
“These counties are a part of a special
initiative that furthers collaborative
efforts between the judiciary and
the child welfare agency to enhance
meaningful family involvement in the
child welfare system,” said Sandy
Sandy
MooreMoore, director of OCFC.
www.ocfcpacourts.us to watch the
Visit www.ocfcpacourts.us
video.
How much money has AOPC intercepted from lottery prizes?
Last year, AOPConnected reported
on a new law, known as the Lottery
Intercept, that took effect in October
2018 requiring the Pennsylvania Lottery
to first check with the Administrative
Office of Pennsylvania Courts (AOPC)
for any outstanding court judgements
before awarding any winnings over
$2,500.
As a result of the lottery intercept
process, the AOPC has intercepted
more than $363,000 on 178 cases
statewide between December 2018
and September 2019.
During the reporting timeframe, court-
ordered obligations were found to exist
for 105 people. The AOPC reported
the total amount owed to the courts by
notifying the Department of Revenue,
which was then deducted from the
prize amount and used to satisfy those
obligations.
You may recall that all Pennsylvania
Lottery winnings over $2,500 were
already subject to intercept by the
Department of Human Services for
child support obligations. The law that
took effect last year added two more
department checks to that process
including the Department of Revenue
for outstanding tax obligations and of
course, the AOPC.
7
Government lawyer of the year award
The recognition is awarded to a government lawyer who is
making a difference for the profession and for the people of
Pennsylvania.
“I am delighted that my colleague and friend is receiving
this well-deserved recognition,” said Court Administrator
of Pennsylvania Tom Darr. “Andrea may not be the classic
‘government lawyer’ as a practitioner, but every day she
combines her legal knowledge, administrative skill, astute
intuition and personal warmth to drive initiatives, solve
problems and guide staff in support of the judiciary. As my
retirement signals the end of twenty-plus years working with
her, nothing is more pleasing than to see Andrea honored.”
She joins fellow AOPC recipients Gregory Dunlap, Esq.,
chief counsel (2001) and Lisa A. Siciliano, Esq., Berks
County deputy court administrator (2003).
“The importance of public service was imprinted on my
heart and mind early on,” said Tuominen. “I consider myself
privileged to have served so many years in support of the
Judiciary, and with so many who have worked to maintain a
strong and independent court system.”
(l to r): President Judge Emeritus Susan Gantman, Assistant Court
Administrator Andrea Tuominen, Court Administrator Tom Darr,
Judge Anne Lazarus
In November, the Government Lawyers Committee of the
Pennsylvania Bar Association (PBA) presented Assistant
Court Administrator Andrea Tuominen, Esq. with the 2019
Government Lawyer of the Year Award.
Maintaining parent-child
relationships in prison
To reduce the adverse effects a child
experiences when their parent is
incarcerated, Clarion County President
Judge James Arner helped create
and implement a prison program that
arranges for inmates to have weekly
visits with their children.
Developed in 2008, Kid Konnection
aims to reduce a child’s sense of
loss or abandonment. It also helps
normalize the family’s situation by
allowing inmates to dress in street
clothes and providing age-appropriate
toys during the visits.
“When we were thinking of starting
our program, I met with the child
psychologist who was conducting our
child custody mediations and obtained
advice on the needs of kids of different
ages, and on the types and frequency
of contact needed with their parents,”
said President Judge Arner.
“We believe children have
benefited from having
continuing contacts with
their incarcerated parents
and believe we have helped
maintain parent-child
relationships for at least
some of the inmates,”
Judge Arner said.
(CYS) work with the warden to review
applications for admission to the
program and make recommendations
to President Judge Arner.
“The program is performance and
behavior based,” Clarion County
Corrections Warden, Jeff Hornberger
explained. “There are certain eligibility
requirements that inmates must meet
in order to participate in this program.”
Adult and Juvenile Probation Services
and Children and Youth Services
Only inmates with children 12 years old
or younger are eligible to participate,
8
and they must be taking parenting
classes at the jail – having already
completed at least two modules
(roughly eight to 10 classes).
President Judge Arner explained
that the behavior and attitudes of the
inmates’ participating in this program
tend to improve because they do not
want to lose their visits, and they also
now have an incentive to complete the
parenting program.
(l to r):
Thomas Farrell
and Paul Killion
“On behalf of the Court, I would
like to thank Paul for his 17 years
of commitment and dedication
to ensuring the highest integrity
of the attorneys practicing in this
commonwealth,” Pennsylvania
Supreme Court Chief Justice Thomas
G. Saylor said. “We wish him well in
his retirement and look forward to
welcoming Mr. Farrell as the new Chief
Disciplinary Counsel.”
Farrell has been in private practice
for 19 years, during which time
he defended criminal cases from
capital murder to white collar crime,
conducted internal investigations for
municipalities and public authorities,
handled complex civil litigation
ranging from whistleblower cases to
environmental Clean Air and Clean
Water actions and represented
professional athletes in congressional
hearings.
He previously served as an AUSA
in Pittsburgh and as an asst. federal
public defender in the Eastern District
of New York, after starting his career as
a law clerk for Hon. Gustave Diamond
of the Western District of Pennsylvania.
Farrell served as a hearing officer for
the Disciplinary Board for six years
and recently served on the Supreme
Court’s Investigating Grand Jury Task
Force.
“I consider this appointment a great
honor but also humbling. It’ll be quite a
challenge to live up to the standard of
excellence Paul Killion established for
this office, but I’m eager to contribute
to the professionalism and integrity of
the legal profession in Pennsylvania,”
Farrell said.
D-Board Chief
Disciplinary
Counsel retires
After 17 years as Chief Disciplinary
Paul Killion, Esq. will retire
Counsel, Paul Killion, Esq.
from the Disciplinary Board of the
Supreme Court of Pennsylvania at the
end of January.
During his time with the Disciplinary
Board, he has managed the
investigation and prosecution
of all disciplinary cases in the
commonwealth. Before his
appointment in 2002, Killion
maintained a private practice in
Harrisburg for 17 years where he
specialized in white-collar criminal
defense cases.
Killion began his career with the
U.S. Department of Justice in 1970
serving as a trial attorney. He also
served as an Assistant United States
Attorney (AUSA) in Harrisburg and an
economic crime coordinator in Boston,
Massachusetts. In the early 80’s, he
was the director of the Medicaid fraud
section in the Pennsylvania Attorney
General’s office.
“We have made dramatic
improvements to the disciplinary
system with the assistance of volunteer
board members and a dedicated
professional staff,” said Killion. “These
actions have helped immensely in
our mission of protecting the public
and maintaining the integrity of the
profession. It has been most rewarding
to participate in these achievements.”
Paul will be succeeded by Thomas
Farrell, Esq., partner at Farrell Reisinger
& Comber, LLC in Pittsburgh.
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
Tom Darr
Assistant Court Administrator of PA
Andrea B. Tuominen, Esq.
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 @PA Courts
Instagram @pennsylvaniacourts
Supreme Court of Pennsylvania
Thomas G. Saylor
Chief Justice of Pennsylvania
Max Baer
Justice
Debra Todd
Justice
Christine Donohue
Justice
Kevin M. Dougherty
Justice
David N. Wecht
Justice
Sallie Updyke Mundy
Justice
9
Leadership
changes in
the Pa Courts
The new year will bring leadership
changes to the AOPC and Supreme
Court.
After more than 30 years of service,
State Court Administrator Tom Darr
Tom Darr
has announced his retirement at year’s
end.
Tom began his tenure with the AOPC
as director of legislative affairs and
communications, advancing to director
of administration soon thereafter. He
was appointed deputy state court
administrator in 1996 and state court
administrator in 2015.
“Beginning with former Governor Dick
Thornburgh, it has been a privilege to
serve in two branches of Pennsylvania
state government for more than 38
years,” Darr said. “As is true with
everyone who comes to Harrisburg
with a new governor, the adrenalin to
‘do good’ is high. That was true for
me in 1979 and has been a guiding
principle through my much longer
tenure with Pennsylvania’s court
system.
“I have been deeply gratified to
work for six chief justices and so
many Supreme Court justices whose
dedication to the law and to public
service has been inspiring and also an
education for this non-lawyer. Their
respective commitments to public
service have been unequivocal in my
experience.”
Among his other significant
contributions, during his time with the
AOPC he focused on the development
of the Judicial Computer System (JCS)
by helping to encourage the legislature
and successive governors to provide
the JCS with financial support.
Tom also worked with representatives
of the Judiciary’s sister branches of
government to create Pennsylvania’s
Interbranch Commission on Juvenile
Justice, in the aftermath of illegal
10
(l to r): Terry Sachs, Geoffrey Moulton and Tom Darr
actions by two judges in Luzerne
County.
On behalf of the Supreme Court and
the late Chief Justice Ralph Cappy,
Tom wrote the initial concept paper
for development and design of the
Pennsylvania Judicial Center, whose
construction he supervised for the
judiciary.
Geoff Moulton, Esq.
Geoff Moulton, Esq., current counsel to
the Supreme Court, will succeed Tom
as state court administrator. Geoff has
devoted the bulk of his career to public
service. Before taking his current
position in 2018, he served as an
appointed judge on the Pennsylvania
Superior Court, as first deputy general
counsel to Governor Wolf, and as an
assistant U.S. attorney in Philadelphia.
In addition, he has been chief counsel
to a U.S. Senator, taught for many years
at Widener University Delaware Law
School and represented media clients
in private practice. Following his
graduation from Columbia Law School
in 1984, he served as a law clerk on
both the U.S. Court of Appeals for the
Second Circuit and the U.S. Supreme
Court.
Terry Sachs, Esq.
Terry Sachs, Esq., an experienced trial
lawyer and accomplished appellate
advocate, has been appointed by the
Court to serve as Counsel to the Court.
Terry has more than 35 years of
experience as a civil litigator, including
20 as a trial attorney.
She currently serves as shareholder
and co-chair of the appellate and
post-trial practice group at Marshall
Dennehey Warner Coleman & Goggin
in Philadelphia.
During her tenure in private practice,
she has argued before the U.S.
Supreme Court, and before all levels
of the state and federal appellate
judiciary in Pennsylvania including
the U.S. Court of Appeals for the
Third Circuit and the Superior and
Commonwealth Courts.
In her new role, Terry will provide
assistance and advice to the Court on
a broad range of issues, primarily with
respect to non-adjudicative matters.
She will also serve as the Court’s
liaison to the Board of Law Examiners,
the Continuing Legal Education Board,
the Disciplinary Board, the Interest
on Lawyer Trust Accounts Board and
the Lawyers Fund for Client Security
Board.
Best wishes to Tom in his retirement
and welcome to Geoff and Terry in
their new roles.
Legislative roundup by Damian J. Wachter, Esq.
The House and Senate will convene in voting sessions a few weeks during the remainder of 2019.
Comprehensive Election Code reforms
District attorney vacancies
A number of Election Code changes were enacted in Act
77 of 2019, which the governor signed on Oct. 31. The
act extended the voter registration deadline from 30 days
prior to the election to 15 days. It allows voters to vote via
absentee ballot up until 8 p.m. on the day of the election.
Practically, depending on the delivery method chosen –
mail or hand carry – voters will have to mark ballots so they
are received by the election bureau on or before Election
Day. Qualified voters who are not otherwise entitled to vote
absentee are eligible under the act to vote by official mail-in
ballot, falling into the same category as an absentee voter.
Perhaps most notably, Act 77 eliminated the straight-party
voting option.
The provisions of the act apply to elections held on or
after April 28, 2020, which is the date of the 2020 general
primary.
Finally, the Pennsylvania Supreme Court has exclusive
jurisdiction to hear challenges to numerous substantive
provisions of Act 77. This includes the elimination of straight-
party voting and the provisions governing absentee and
mail-in voting. Any such suit would have to be filed in 180
days.
School police officers
Act 67 of 2019, which became effective in August, removed
language from law that granted school police officers with
the same arrest powers exercised under authority of law
or ordinance by the police of the municipality in which the
school property is located. House Bill 1881, introduced
by the chairman of the House Judiciary Committee, seeks
to restore that language, including the provisions that
the action must be authorized by the court. The bill was
reported from the House Education Committee and requires
full House and Senate approval as well as the signature of
the governor to become law.
Senate Bill 902 requires that upon vacancies in the
office of district attorney in fourth through eighth class
counties, the Court of Common Pleas must appoint the first
assistant district attorney (ADA) to fill the vacancy upon
a showing that he/she meets the statutory qualification
and eligibility requirements for district attorney. If the first
ADA is unwilling or unable to serve or does not meet the
statutory qualification and eligibility requirements, the Court
of Common Pleas must appoint another competent person
who satisfies the requirements.
Separate judicial ballots
Article V, § 15 of the Constitution of the Commonwealth
requires that judicial retention questions be submitted to
the electorate on a separate judicial ballot or in a separate
column on voting machines. Senate Bill 413 – a proposed
constitutional amendment – seeks to remove the separate
ballot/column language. The bill passed the Senate 49-0 on
Oct. 22, and was referred to the House State Government
Committee. The bill requires passage by the full House this
session and by both chambers next legislative session in
order to be submitted to the electorate for approval.
Coming Up:
It is still expected that legislation advancing reforms
to the probation system will be considered in one or
both chambers prior to the end of the year. Both House
and Senate judiciary committees continue to work on
amendments to the two reform proposals that have been
introduced thus far – Senate Bill 14 and House Bill 1555.
{Damian Wachter, Esq. is the assistant
director of Legislative Affairs.}
11
Karaoke, jokes and Eagles cheers: Philly’s beloved ‘jury duty
lady’ turns the courthouse waiting room into a giant party
This story is reprinted with permission from the
writer and Billy Penn/WHYY. Read the full story
online at billypenn.com.
By Michaela Winberg, Billy Penn
Imagine spending every single day in jury duty.
Like a civic-minded version of Bill Murray’s
adventures in Punxsutawney, you’d report each
morning at 8 a.m. to Philly’s Criminal Justice
Center, then sit on hard benches and deal with
what seems like endless waiting, before going
home and starting all over again.
For many, that’s a dreaded scenario. But for
Tanya Covington, that’s reality — and she
wouldn’t have it any other way.
Covington, 55, is an administrative officer for
the Philadelphia Court of Common Pleas, but
you might know her better by her common
moniker: “jury duty lady.” For 17 years, she’s
welcomed jurors into the waiting room each
morning, and with microphone in hand guided
them cheerily through their day of service.
It’s not easy. As the emcee of civic duty,
Covington has to put a smile on her face in
a room where almost everyone is miserable.
She’s got to pronounce everyone’s name
correctly, and ensure no one freaks out over
the sheer mundanity of the legal system.
Covington is a staple in Philly — so much so
that total strangers recognize her and call her
out on the street.
“I try to just throw my good vibes to them,”
Covington said. “If they receive them, fine.
If they don’t, it’s like, I’ve gotta work a little
harder.”
It all starts with a venting session
The character of Philadelphia jury duty room is
not unlike that of the rest of the city. To put it
plainly, a lot of ridiculousness goes down.
Sometimes you’ve got a 7-foot fuzzy green
mascot sitting shoulder to shoulder with you
in the waiting room. Sometimes, the legal
system creates budding friendships and brings
impromptu rounds of the Eagles fight song.
Sometimes it turns into a giant karaoke party.
It’s not all Covington’s doing, but she’s often the
woman running the show.
12
Tanya Covington is better known as ‘jury duty lady’
When she first signed onto the gig, it wasn’t such a humorous
operation, she said. The collective attitude surrounding civic duty was a
major downer.
“The first thing they want to know, even though they just got there,
is when they leave,” said Covington, a Maryland native who’s now a
loving grandmother and devoted Birds fan.
After dealing with the day-to-day ennui of so many Philadelphians for
years, she felt the urge to get creative.
She slowly started incorporating some jokes into her morning routine at
the courthouse. And they actually seemed to land. It felt to Covington
like the moods of the public servants she shepherded were improving,
and the days were getting better.
By now, she’s got it down to a science.
Each day starts with a group venting sesh. She’ll prime all the jurors
with a depressing yet unavoidable truth: They’re not going anywhere.
Jury duty lasts all day, and they have no reason to expect an early
dismissal.
“They’re like, ‘Ugh,’” Covington said. “And I’m like, ‘Let it out, let it out.
We’re going to get this out of our system and we’re going to have a
good day.’”
She regularly refers folks to the free coffee and cakes available in the
waiting room. She streams game shows on the TVs constantly.
“Price is Right comes on at 11,” Covington said, three hours into duty
and the exact time that folks in the waiting room need a pick me up.
Then there’s the part of the job that calls for rattling off unfamiliar
names. From her podium at the front of the waiting room, Covington
is tasked with calling roll, pronouncing the names of every single juror
before sending them on their way.
The key, she said: Don’t be afraid to mess up.
“Don’t ask me where I got ‘Mary Louise’ from. That says
‘Mark Louis,’” Covington joked last week to a round of
jurors. The crowd laughed with her.
The “jury duty lady” persona is all an act — Covington will
say so herself. And unlike most performers, she’s got the
benefit of a guaranteed group of spectators.
She’s not always met with a warm response. Covington
has to steel herself when people are in irreparably terrible
moods generated from missing time at work or waiting
around extra long.
“I’m just the messenger,” she said. “I can’t please
everybody. But if I can please someone and get them OK
with me, that makes me happy.”
Performing with a ‘captive audience’
“This is like, I am performing,” she said. “I just have a captive
audience. You’re not leaving!”
The waiting room suggestion boxes are also proof of her
impact.
“It’s not uncommon to have positive comments about
Tanya,” said Martin, her boss. “They say things like, ‘We
need more people like her around here,’ and ‘She’s a breath
of fresh air.’”
Here’s the real tea about Covington: the Queen of the
Courts is actually quite shy. During a one-on-one interview,
her entertaining wit was almost overcome by her nerves.
Covington’s favorite part? Meeting Philadelphians from all
walks of life. No one is immune from judicial service, and
she gets to greet them all.
“To be honest with you, she’s quiet,” said Patrick Martin,
director of jury commission and Covington’s direct report.
“She’s reserved. But when she goes out into the room, she’s
a totally different person.”
“You’re all in one room. It’s like, ‘Who am I going to
encounter that I can talk to?’” she said. “We don’t know each
other from outside, but you always find common ground.”
Pennsylvania Commission on Judicial
Independence hosts educational
live-stream panel discussion
each judge explaining what their
court’s role would be.
Pennsylvania Supreme Court Justice
Max Baer participated from the
University of Pittsburgh School Of Law,
while the rest of the panel connected
from the Pennsylvania Judicial Center
in Harrisburg.
Participating jurists included
Commonwealth Court President Judge
Mary Hannah Leavitt, Superior Court
Judge Carolyn Nichols, Philadelphia
County Common Pleas Judge Mia
Perez, Montgomery County Common
Pleas Judge Lois Murphy, McKean
County Common Pleas Judge
John Cleland and Dauphin County
Magisterial District Judge David Judy.
Students from Penn State Dickinson
Law, University of Pittsburgh School
of Law, York College of Pennsylvania,
Widener University Commonwealth
Law School and Abington Heights
High School participated in the
panel discussion with the jurists via
livestream, while the public connected
via Facebook live.
A brief Q & A session followed the
discussion where students were given
the option of submitting questions to
the panelists via social media.
13
(l to r): Judge David Judy, Judge Carolyn Nichols, Judge Lois Murphy, U.S. District Judge
John Jones, Judge Renée Cohn Jubelirer, Moderator Terry Madonna, President Judge
Mary Hannah Leavitt, Judge Mia Perez, Judge John Cleland
In September, the Pennsylvania
Supreme Court’s Commission on
Judicial Independence hosted a live-
stream, interactive panel discussion to
educate students and the public about
the work and the role of the courts.
The event offered students a
unique opportunity to interact with
Pennsylvania judges and justices from
all levels of the bench via web and
Facebook live.
Dr. G. Terry Madonna, director of the
Center for Politics and Public Affairs at
Franklin & Marshall College and host of
Pennsylvania Newsmakers moderated
the panel discussion.
Madonna walked the panel through
a fictitious DUI case as it progressed
through each level of the bench, with
Around the Judiciary
Judicial Conduct Board chair and
Commonwealth Court Judge Kevin
Brobson swore in Commonwealth Court
Judge Renée Cohn Jubelirer as the
appellate judge member of the Judicial
Conduct Board.
(l to r): Judge Jacqueline Allen and William
P. Fedullo, chair of the Philadelphia
Bar Association’s Justice Brennan
Distinguished Jurist Award Committee
Judge Jacqueline F. Allen, Philadelphia
Court of Common Pleas, was honored at
Bench Bar in October where she received
the 2019 Justice William J. Brennan Jr.
Award. The Brennan Award recognizes a
jurist who adheres to the highest ideals of
judicial service.
(l to r): Administrative Judge Jacqueline F.
Allen, Judge Shelia Woods-Skipper, Judge
Lillian Harris Ransom (Not pictured)
Philadelphia County’s Mental Health Court
celebrated its 10th anniversary in October.
Superior Court Judge Alice Dubow was
honored with the Howard Lesnick Pro Bono
Award in October. Her alma mater, Penn
Law, presented her with the award for her
sustained commitment to public service.
(l to r): U.S. Circuit Judge Theodore
Mckee, Robert Heim, Esq., Hon. Renée
Cohn Jubelirer, Lynn Marks, Esq. Photo
credits: Sameer A. Khan
The Rendell Center for Civics and Civic
Engagement hosted the Fair and Impartial
Judiciary Symposium on Oct. 26 at Penn
Law, where Hon. Renée Cohn Jubelirer
spoke about the importance of an
independent judiciary.
(l to r): President Judge Kim Berkeley
Clark, Allegheny; Administrative Judge Kim
Eaton, Allegheny; President Judge Oliver
Lobaugh, Venango
The President Judges Symposium was
held in September in State College.
AOPC/IT and Judicial District Operations
spoke at the 57th annual PA Association of
County Auditors conference. The three-day
event was attended by over 60 auditors
from across the state this fall.
(l to r): President of the Justinian Society,
Gregory Cirillo, Esq. and PJ Panella
Pennsylvania Superior Court President
Judge Jack A. Panella received the
Justinian Society of Philadelphia’s
Outstanding Service Award. A special
luncheon was held in his honor in
September at the Union League in
Philadelphia.
In September, the Ellwood City Area
Historical Society sponsored a banquet
in honor of Justice Debra Todd in her
hometown of Ellwood City.
14
Judge John Cherry administered the oath of office to Dauphin County’s first-ever class
of 11 Court Appointed Special Advocates. These volunteers advocate for a child’s best
interest in court and help to limit further trauma to children in foster care.
(l to r): Col. Michelle Ryan - Army War College, Justice Kevin Dougherty, Justice Debra
Todd, Maj. General Anthony Carelli - PA Adjutant General, Justice Sallie Updyke Mundy,
Chief Justice Thomas G. Saylor, Lt. Colonel May Nicholson- Army War College.
In recognition of Veterans Day, the Court held a ceremony and light reception in honor of
jurists who have served in the U.S. military at the PJC in November.
(l to r): Bennetry Herrmann, Spanish
interpreter and Tom Gran, Spanish
interpreter and teacher for the Berks
County interpreter training program
In October, the AOPC held the second
annual Language Access Coordinator
Summit – providing an opportunity for
language access coordinators around the
state to gather, share their expertise and
get tips from colleagues.
Photo courtesy of Justice for Vets
In September, 50 Veteran mentors from
14 counties gathered for a Veterans
Mentor Boot Camp in Harrisburg – a
Justice for Vets event sponsored by
the AOPC. The two-day program was
the first-of-its-kind training offered in
the state, and provided mentors the
knowledge and skills needed to support
veterans court participants throughout
the program.
AOPC/IT trainers presented important
updates of the magisterial district judge
system to more than 60 Berks County
magisterial district court staff. These annual
workshops are held from September to
October across Pennsylvania for magisterial
district court staff in all counties.
Transitions
NEW TO JUDICIAL BRANCH
VICTORIA R. CHRISTEN – BUDGET
ANALYST – FINANCE
AMY L. DIMUCCIO – ASST TO THE COURT
ADMIN – LAWRENCE
CHASE A. EMANUEL – COURT ACCESS
PROGRAM ANALYST – ASSISTANT COURT
ADMINISTRATOR
KELLY A. GAUGHAN – CCP JUDGE – PIKE
THOMAS J. LARKIN – DATA CENTER
HARDWARE SPECIALIST – IT
JONATHAN A. MADDY – DISTRICT COURT
ADMINISTRATOR – VENANGO
TRACI L. MCDONALD-KEMP – CCP JUDGE
– WASHINGTON
SHAWN T. MCMAHON – CCP JUDGE –
CAMERON/ELK
RYAN M. TIRA – CCP JUDGE – LYCOMING
Daniel R. Shuckers, Esq. retired
prothonotary, Commonwealth Court of
Pennsylvania (2007) pictured with Irene
Bizzoso, prothonotary of the Pennsylvania
Supreme Court, at the Widener Law
Commonwealth Evening at the Capitol
where she received the 2019 Excellence in
Public Service Award.
(l to r): front row—Hon. John C. Uhler;
Valerie Bender; Hon. John M. Cleland,
chair;
Hon. Jason J. Legg, Esq.; Kenneth J.
Horoho, Jr., Esq.; Darren Breslin, Esq.; back
row – Tom Darr, advisor; Hon. (ret.) Arthur
Grim ; George D. Mosee, Jr., Esq.; Hon.
James A. Gibbons; Robert L. Listenbee,
Esq.; Hon. Dwayne D. Woodruff, Stuart
Ditzen.
Interbranch Commission on Juvenile
Justice members during a dinner function
in early November.
RETIREMENTS/RESIGNATIONS
BARRY S. BLOUSE – DATABASE
ADMINISTRATOR – IT
MARTHA J. DAVIDSON – DISTRICT COURT
ADMINISTRATOR – ARMSTRONG
AMELIA J. DUFFY – ACCOUNTANT –
FINANCE
KATHLEEN A. DURKIN – CCP JUDGE –
ALLEGHENY
TIM FINN – MAG DISTRICT JUDGE –
BEAVER
JASON A. HYERS – USER APPLICATIONS
SPECIALIST – IT
LISA M. RAU – CCP JUDGE – PHILADELPHIA
ROBERT E. SIMPSON JR. – JUDGE –
COMMONWEALTH COURT
STACY M. SNYDER – DEP CRT ADMIN-
FAMILY DIVISION – YORK
SANDRA L. TROXELL – ASST TO THE
COURT ADMIN – LAWRENCE
(continued)
15
PAUL G. URBANIAK – MAG DISTRICT
JUDGE – ERIE
JOHN MILTON YOUNGE – CCP JUDGE –
PHILADELPHIA
COMMITTEES, BOARDS
AND ADVISORY GROUPS
RHONDA HILL WILSON, ESQ. –
REAPPOINTED - INTERBRANCH
COMMISSION FOR GENDER, RACIAL AND
ETHNIC FAIRNESS
LUCILLE MARSH, ESQ. – REAPPOINTED
- INTERBRANCH COMMISSION FOR
GENDER, RACIAL AND ETHNIC FAIRNESS
SHABREI M. PARKER, ESQ. – APPOINTED –
ORPHANS’ COURT PROCEDURAL RULES
COMMITTEE
HON. IDA K. CHEN – REAPPOINTED -
CONTINUING JUDICIAL EDUCATION (CJE)
BOARD OF JUDGES
HON. KATHRYN M. HENS-GRECO –
REAPPOINTED - CJE BOARD OF JUDGES
HON. TERRENCE R. NEALON –
REAPPOINTED – CJE BOARD OF JUDGES
HON. KAREN Y. SIMMONS – REAPPOINTED
- CJE BOARD OF JUDGES
DUSTY ELIAS KIRK, ESQ. – REAPPOINTED
- CONTINUING LEGAL EDUCATION (CLE)
BOARD
JASON E. MATZUS, ESQ. – REAPPOINTED -
CLE BOARD
JAY N. SILBERBLATT, ESQ. – REAPPOINTED
- CLE BOARD
HON. MARC F. LOVECCHIO – APPOINTED
- CRIMINAL PROCEDURAL RULES
COMMITTEE
RILEY H. ROSS, III, ESQ. – APPOINTED
- CRIMINAL PROCEDURAL RULES
COMMITTEE
HON. LAWRENCE J. O’TOOLE, JR.
– APPOINTED - ORPHANS’ COURT
PROCEDURAL RULES COMMITTEE
KENNETH G. POTTER, ESQ. – CHAIR -
ORPHANS’ COURT PROCEDURAL RULES
COMMITTEE
HON. EMIL A. GIORDANO (RET.) –
REAPPOINTED & APPOINTED VICE-CHAIR
- ORPHANS’ COURT PROCEDURAL RULES
COMMITTEE
KENNETH G. POTTER, ESQ. –
REAPPOINTED - ORPHANS’ COURT
PROCEDURAL RULES COMMITTEE
HON. MARGHERITA PATTI WORTHINGTON
– CHAIR - CRIMINAL PROCEDURAL RULES
COMMITTEE
WILLIAM R. CARROLL, ESQ. – VICE-
CHAIR - CRIMINAL PROCEDURAL RULES
COMMITTEE
HON. ALEXANDRA KOKURA KRAVITZ
– APPOINTED - MINOR COURT RULES
COMMITTEE
KAY KYUNGSUN YU, ESQ. – APPOINTED
- PENNSYLVANIA INTEREST ON LAWYERS
TRUST ACCOUNT (IOLTA) BOARD
JANE SMEDLEY ANZALONE, ESQ. –
REAPPOINTED - COMMITTEE ON RULES
OF EVIDENCE
STANLEY J. PARKER, ESQ. – REAPPOINTED
- COMMITTEE ON RULES OF EVIDENCE
STELLA L. SMETANKA, ESQ. – VICE-CHAIR -
PENNSYLVANIA IOLTA BOARD
ANNE N. JOHN, ESQ. – APPOINTED -
ADVISORY COUNCIL ON ELDER JUSTICE
IN THE COURTS
601 Commonwealth Avenue
Harrisburg, PA 17120
