Here is the text we could read:
Issue 2, 2019
newsletter of the administrative office of pa courts
Wiping the
slate clean
The Clean Slate Law, designed to automatically
seal certain criminal history data, goes into
effect in Pennsylvania this summer.
(continued on page 2)
Wiping the slate clean
By Josh Wilson
Last session, legislation creating the
“Clean Slate Law” passed the General
Assembly by an overwhelmingly
bipartisan vote and was signed into
law by Gov. Tom Wolf.
This new law is designed to
automatically seal certain criminal
history information. It goes into effect
this summer and is the first program-of-
its-kind in the nation.
Under this new protocol, criminal
history record information pertaining
to eligible “non-violent” criminal and
summary records and non-conviction
records will be automatically shielded
from public view.
Individuals will need to have
been free from conviction of
offenses punishable by a year
or more in prison for 10 years,
and have completed all court-
ordered obligations.
Implementation of the new law is rather
complicated and won’t be achieved
through a simple flip of the switch.
Access (as provided in Act 5 of 2016),
which was expanded in December of
last year.
The ability for the commonwealth to
automatically seal eligible records is
accomplished in large part through the
efforts of AOPC/IT, in consultation with
the Pennsylvania State Police— who
maintain the state’s official criminal
history repository.
“AOPC and the Pennsylvania State
Police have worked cooperatively to
effectively create complex mechanisms
to identify and verify the cases
and offenses that will be subject to
automatic sealing under the Clean
Slate law,” said Amy Ceraso, director
of AOPC/IT.
The Pennsylvania Bar Association
and Community Legal Services
have partnered to provide free legal
consultation to Pennsylvanians to
help determine if they are eligible for
these provisions. “My Clean Slate” can
be accessed via https://clsphila.org/
mycleanslatepa.
Additionally, AOPC recently designed
a webpage that details the various
provisions of the new law and
outlines the basics of criminal history
information, including background
checks and the expungement of
records.
“Processing the enormous backlog of
cases that are eligible for Clean Slate
treatment over the next year will be
a challenge, but with the assistance
of county judicial officials and Clerks
of Courts, we are confident that we’ll
be able to identify and seal millions of
cases to meet the stated purpose of
the Clean Slate act,” added Ceraso.
more INFORMATION
http://www.pacourts.us/learn/learn-
about-the-judicial-system/clean-slate-
expungement-and-limited-access
(Josh Wilson is the director of legislative
affairs)
It is important to note, these records
will not be expunged, and will still be
accessible to law enforcement and
judicial officers.
Other provisions of the law are already
in effect – specifically, the list of
individuals who can petition a Court of
Common Pleas for an Order of Limited
2
Improving
writing skills
for judicial
professionals
Contributors: Don Powers, Christy Beane
and Mark Singer
Pennsylvania Association of Court Management (PACM)
board members along with AOPC/Judicial District
Operations staff went back to school to take a crash course
in “Writing Skills for Judicial Professionals.”
Professor Ronald R. Hofer, a distinguished professor at
the National Judicial College in Reno, Nevada, led the
professional development workshop.
“Ship sails tomorrow.” Ask yourself, what does this mean?
You are likely thinking that it means the boat leaves the
dock tomorrow. However, according to Professor Hofer,
this was actually a note from a manager to an employee
reminding them to ship (mail) the boat’s sails to the
customer tomorrow.
He reminded participants not to leave inferences for
your readership to fill in, otherwise confusion and
misinterpretation of the written word will occur.
Professor Hofer told participants jokingly about “Hofer’s
Rule of Confusion”—the idea that every time you read a
sentence that you can’t get your head around, it is usually
because the actor is not defined.
“Your writing gets better when you say who (actor) is doing
what (action),” said Hofer.
“When deciding what message you want to send through
your writing, focus on information that is important to the
reader, not what is important to the writer,” Christy Beane,
assistant director of AOPC/Judicial District Operations noted
as an important takeaway from the session.
The goal of the workshop was to provide the tools to make
writing more readable and easier to understand.
Writing is a skill used by staff every day, and yet for most, it
has been decades since participating in a writing course.
Weeks before the course, each attendee was asked to
submit writing samples to be discussed and dissected
during the workshop.
Although this was a simple task on the surface, most found
it difficult to find the best writing samples that they were
willing to submit for inspection.
“When I received the invitation to attend the effective
writing course, I knew I had to accept,” said Don Powers,
district court administrator in Clinton County.
The last time I consciously diagramed a sentence was 1976
and I was nervous about attending this workshop. As it
happens, there was nothing for me to be nervous about.”
Throughout the workshop, class participants were reminded
about the difference between active and passive voice,
how to identify and avoid nominalizations and expletives,
and how to identify the subject, verb and object in each
sentence.
“Never pass up an
opportunity to grow
your knowledge.”
– Don Powers, Clinton County district
court administrator
According to Mark Singer, district court administrator for
Franklin/Fulton counties, Professor Hofer taught a “hands-
on, four-step editing process that was easy to comprehend.
This was a practical application that can be used in daily
writing.”
Powers shared that “the proofreading part of the curriculum
was of greatest interest to me. I guarantee that I’ll be a
stronger editor after this course.”
“This conference was one of the best experiences I’ve
had outside of my courthouse since I became DCA,” said
Powers. “Never pass up an opportunity to grow your
knowledge.”
Four-step guide to edit
your own writing
1. Draw circles around the
passive verbs.
2. Draw boxes around expletives.
3. Underline the nominalizations.
4. Note the distance between
subject and verb.
3
Q & A: Comfort dogs and their handlers
While going to court can often be a difficult and nerve-
racking experience for many people, especially children,
some courts have found a way to help ease the stress.
Both Monroe and Lycoming Counties have received
adorable additions to their courthouse staff and agree
that the presence of comfort dogs in their courts has been
nothing but overwhelmingly positive.
Four-year-old Jedi, a Labrador/Golden Retriever mix,
joined Lycoming County’s court staff back in February of
2018, where he was matched with his handler, Jerri Rook,
executive secretary to Judge Joy Reynolds McCoy.
Meanwhile, in Monroe County, two-year-old Golden
Retriever mix, Nicholas (Nick) is a rather recent addition
having only begun this past February but he has already
stolen the hearts of everyone there – including his handler,
Chief Law Clerk Jessica Jones.
Q: What is your favorite part about being your dog’s
handler?
Jones: “My favorite part of having Nicholas in my life is
seeing the smiles he brings to everyone he meets. He has
such a happy and social personality! Sometimes that means
it takes me much longer to get from point A to point B now,
but I’m happy to let him greet everyone we meet because
it’s just so uplifting to see the joy he brings to people.”
Rook: “The best part is seeing the faces of the children light
up when he walks into a room. The children that come into
court generally are nervous and scared. When they see
Jedi, all that disappears and they are just excited to see a
dog.”
Q: Can you recall a particularly moving experience when
you saw your dog make a real difference?
Jones: “I remember one child that Nick interacted with
recently who was quite withdrawn when Nick met him. After
asking the child if he wanted to sit with Nick and getting a
shoulder shrug, I had Nick sit up on a bench seat and the
child sat down next to him.
Before long, the child was simply sitting and petting Nick.
Eventually, Nick put his head in the child’s lap and stayed
there for close to an hour. The child started to smile and
talk, which was a complete turn-around from his demeanor
before.”
We asked both handlers a few questions about their
experiences with their new best friends:
Q: What is the difference between being an owner and a
handler?
Jones: “I think one notable difference between being a
handler and an owner is educating the people we come into
contact with. As a handler, I am not only representing myself
and my pet dog, like I would as an owner, but I am also
representing the wider service dog community. By providing
information and education for people we come into contact
with, Nick and I are, hopefully, making a positive impact on
our local community on behalf of service dogs everywhere.”
Rook: “I feel like I’m missing something when he’s not
with me. I’m more aware of things that may affect him and
how the public reacts to him and treats him. I have to pay
attention to where his feet are, where his tail is, holding
doors open to make sure he gets through before it closes,
what’s on the ground, etc.”
4
Rook: “I can tell you my first moving experience with Jedi
was with a 15-year-old juvenile delinquent. He was very
distraught, crying and hyperventilating. When Jedi and I first
walked in, he yelled at us that he did not want us there. I
calmly took Jedi over and laid him at the juvenile’s feet and
could immediately feel that the juvenile was starting to relax
a little.
After a few minutes of petting Jedi, the juvenile was
completely calmed down. His crying had stopped. When
they took the juvenile out, he went with the officers without
incident and was completely calmed down. We have sat
with many juveniles over the past year, but this, by far, was
the most moving experience I have had.”
Would you recommend comfort dogs to other
courthouses?
Jones: “Absolutely. I hope that in the future, all courthouses
have a facility dog available for their visitors, staff, victims
and children.”
Remaining Vigilant
By Darren Breslin, Esq.
Next year will mark the 15th anniversary of the Pennsylvania Commission
on Judicial Independence (“the Commission”).
The Commission is a non-partisan advisory group reporting to the
Pennsylvania Supreme Court. Its mission was, and remains, simple: to help
educate the public about the importance of fair and impartial courts in our
society.
Since its inception under the leadership of then-Chief Justice Ralph
Cappy, the Commission has both led and supported numerous initiatives,
highlighting the critical importance of an independent judiciary.
Over the past 14 years, the Commission has featured prestigious events
across the commonwealth, featuring speakers renowned for their work,
both nationally and internationally.
In delivering its message, the Commission has hosted prominent speakers,
most notably, former Associate U.S. Supreme Court Justice Sandra Day
O’Connor, to talk about the importance of fair and impartial courts.
In addition to developing lesson plans for teachers across the
commonwealth to aid in the teaching of civics, the Commission has also
hosted numerous lectures and programs.
Some of these include such diverse topics as court-media relations;
the necessity of adequately funding the courts; and a program
commemorating the sesquicentennial of the Second Founding, marking
the 150th anniversary of the Reconstruction Amendments after the Civil
War.
In 2019 the Commission remains a vibrant and engaged body. Under
the leadership of Federal Judge John E. Jones, III, and Commonwealth
Court Judge Renée Cohn Jubelirer, the Commission members remain
vigilant, watching for unjust attacks against the judiciary, and also helping
to educate the citizens of Pennsylvania about the importance of fair and
impartial courts in our society.
(Darren Breslin, Esq. is a staff member of
AOPC/Judicial Education and counsel to
the Pennsylvania Commission on Judicial
Independence)
Pennsylvania Commission
on Judicial Independence
Co-Chairs
Judge John E. Jones, III
U.S.D.C. Middle District of Pennsylvania
Judge Renée Cohn Jubelirer
Commonwealth Court of Pennsylvania
Members
Charles L. Becker, Esquire
Kline and Specter PC
Professor William M. Carter, Jr.
University of Pittsburgh School of Law
Judge D. Michael Fisher
Senior Judge - United States Court of
Appeals for the Third Circuit
Justice James J. Fitzgerald, III
(Co-Chair Emeritus) Ret. Justice of PA
Supreme Court
Charisse R. Lillie, Esquire
Comcast (Ret.)
Edward W. Madeira, Jr., Esquire
Pepper Hamilton LLP (Ret.)
H. Sheldon Parker, Jr.
Ret. member of the Pa. House and former
executive director of Public TV Network
Judge Christylee L. Peck
Cumberland County Court of Common Pleas
Andrew F. Susko, Esquire
White and Williams LLP
more INFORMATION
go to http://www.pacourts.us/courts/
supreme-court/committees/pennsylvania-
commission-on-judicial-independence.
5
Education for guardians
by Cherstin Hamel
Imagine you are appointed by the
court to serve as a guardian for an
older family member or friend who can
no longer make their own decisions.
If you aren’t an attorney or a
“professional” guardian, you might be
asking, “Where can I find information
about my role as a guardian?”
The Elder Law Task Force convened by
the Supreme Court of Pennsylvania in
2013 recognized there is little guidance
for non-attorney guardians about their
powers, duties and responsibilities.
As a result, they recommended that
these guardians be given written and
oral instructions at the time of their
appointment, and that free training and
online resources be developed by the
Office of Elder Justice in the Courts
(OEJC).
In 2018, the OEJC began piloting a free
training program for guardians titled,
“Fundamentals of Guardianship: What
Family Guardians Need to Know.”
The training program is designed to
help guardians better understand their
responsibilities by providing them
with the resources and tools needed
to carry out their duties, and then
allowing them to ask questions.
In May, the training program was
offered in the following counties:
Carbon, Somerset, Allegheny,
Venango, Elk and Cameron Counties.
“While guardians
will be a target
audience for
education, the
true beneficiaries
will be adults
with physical
or mental
disabilities . . .”
– Katherine C. Pearson, Esq.,
professor of law at Penn State
University’s Dickinson School of Law
The OEJC is pleased to announce it
is also collaborating with Penn State
University on a new educational
endeavor - the Pennsylvania Adult-
Fiduciary Education Project.
Through the efforts of Katherine C.
Pearson, Esq., professor of law at
Penn State University’s Dickinson
School of Law, a grant award was
obtained in January to develop online
educational modules for use with
current or prospective guardians, and
for similar agents serving disabled, frail
or vulnerable adults.
“While guardians will be a target
audience for education, the true
beneficiaries will be adults with
physical or mental disabilities,
especially adults with neurocognitive
impairments that may increase with
age,” said Professor Pearson. “By
developing the highest quality program
to inform and evaluate agents and
guardians for incapacitated adults
in Pennsylvania, we can shape a
national educational model, and
promote greater safety, well-being and
enhanced quality of life for adults in
need of assistance.”
Over the next 18 months, a team of
experts from Dickinson Law School,
Penn State’s Colleges of Nursing and
Medicine, Penn State Harrisburg, the
Pennsylvania Association of Elder Law
Attorneys, the ARC of Pennsylvania,
SeniorLAW Center and Community
Legal Services, Superior Court Judge
Paula Francisco Ott (as chair of the
Advisory Council on Elder Justice in
the Courts) and the OEJC will create
educational modules that address an
array of topics useful to guardians.
The OEJC and Advisory Council on
Elder Justice in the Courts are gratified
that Penn State reached out to the
court system to propose this rewarding
collaboration and look forward to
reviewing the tools to be created.
(Cherstin Hamel is the
director of the Office of
Elder Justice in the Courts)
Video highlights from PA’s
women on the bench
In honor of Women’s History Month in March, the AOPC produced
a Q&A video series highlighting some of our female judges in
Pennsylvania. The video is a wonderful representation and highlight
of women on the Supreme, Superior and Commonwealth Courts – as
well as president judges who oversee the Court of Common Pleas and
Magisterial District Courts. Watch the video at pacourts.us/news-and-
statistics/media-resources.
6
(l to r) Mickey Grey, Jazzi Grey, Cassie Grey, Steve Grey and
Judge Susan Schwab.
Journey to citizenship
Steve Grey, an AOPC systems analyst, celebrated
a significant milestone this past April as he officially
became a U.S. citizen.
New leadership for
AOPC judicial district
security team
Grey was born in England, but grew up in New Zealand
after his family moved there when he was six years old.
In 1991, he traveled to Japan to teach English for
two years where he met a girl from Mechanicsburg,
Pennsylvania.
A few years later, the two got married and moved to New
Zealand before eventually deciding to move back to his
wife’s hometown in 1995 when he was thirty years old.
When asked how long it took him to become an official
U.S. citizen, Grey said he only began the process last
year.
“I was surprised how fast the whole process went for me,”
Grey explained. “It can sometimes take years, but I have
been a permanent resident in the states since 1995, so
I already qualified – just had to fill out all the forms and
pass the test.”
This June, Grey and his wife will celebrate their 25th
anniversary with a trip back to Japan where they first met
– this time bringing along their two daughters.
When asked what made him want to finally become
a U.S. citizen, Grey said his green card is expiring in
November and he knows his future lays in the U.S.
“I have now lived in the United States longer than I have
lived in any other country. My family is settled, I like my
job and I have good friends,” said Grey.
Magisterial District Judge Susan E. Schwab oversaw
the ceremony where 50 immigrants from 25 countries
became U.S. citizens that day.
The AOPC was pleased to welcome Rob Granzow as
its new Judicial District Security administrator at the end
of May. Rob succeeds Mary Beth Marschik who retired
on June 7 after nearly 15 years of dedicated service with
AOPC and 35 years of state government service.
Rob comes to the AOPC with an incredibly diverse
background. Prior to his appointment, Rob held senior
and global corporate security assignments at both TE
Connectivity and AMP Incorporated.
Before that, he served as both the chair and professor of
the Division of Law and Science at Central Pennsylvania
College.
In his early career, Rob was a municipal police officer
who served in both the U.S. Naval Reserve and the
Pennsylvania Army National Guard as a military police
investigator.
Rob holds a bachelor’s degree from York College and
earned his master’s degree in criminal justice from St.
Joseph’s University.
Additionally, Kyle Ramberger has been promoted to
Judicial District Security assistant administrator following
14 years of impressive performance in his former security
roles at the AOPC – most recently as Judicial District
Security analyst.
Please join us in congratulating Kyle and welcoming Rob
to the AOPC.
7
Can we improve court collections?
Last year, a Collection Agency Task Force was established to determine if a
statewide collection agency contract would be beneficial to county courts to
help improve the courts’ collection of fines, fees and restitution.
After a survey of district court administrators across the state, it was concluded
that offering a statewide collection agency solution would be of value.
Following a competitive selection process, the AOPC secured a statewide
contract with a private collection agency – Alliance One.
“AOPC was looking for a vendor with general and court collections experience,
while trying to minimize fees charged to defendants by the agency,” said Amy
Ceraso, director of AOPC/IT.
The AOPC is inviting all Magisterial District Courts and Courts of Common
Pleas to participate in collections using this contract. Participation is optional
and all courts may continue to use a county-based collection agency contract if
they choose.
If interested, Magisterial District Courts must secure their president judge’s
approval.
AOPC/IT plans to implement the new contract over the next several months by
coordinating a “go-live” date with interested courts.
The Common Pleas Case Management System and Magisterial District Judge
System help desks are available to answer questions and discuss how to start
using the statewide contract.
Rule change: Citing unpublished
Superior Court opinions
A new rule recently adopted by the Supreme Court of Pennsylvania allows
unpublished Superior Court opinions to be cited for their persuasive value.
The rule change comes as the result of a recommendation from the Appellate
Court Procedural Rules Committee and became effective in May.
It allows parties to rely on unpublished Superior Court memorandum opinions
filed after May 1, 2019, and unreported Commonwealth Court opinions filed
after Jan. 15, 2008.
While the citation of unpublished opinions has traditionally been prohibited, the
increasing digitalization and online accessibility of these memorandums has
shifted many courts’ view on the long-standing rule.
This rule change follows many other courts’ decisions – including both
Commonwealth Court as well as the federal courts, who both made the rule
change over a decade ago.
“This rule change promotes greater transparency for the decisions of the
intermediate appellate courts,” said Pennsylvania Supreme Court Justice
Christine Donohue. “Most important, however, is that the rule fosters consistent
treatment of litigants by the various panels of the appellate courts and aids the
bar in its presentation of cases.”
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 @pennsylvaniacourts
YouTube @PA Courts
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
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9
Wellness
and the legal
profession
The Minor Judiciary Education Board introduced a new
program this year that focuses on improving the overall well-
being of lawyers and judges.
Davis said the program specifically focuses on lack of work/
life balance, the conflicting external environment of the
adversarial setting that’s present in the profession and ways
to incorporate healthy practices.
In the session, Besden also provides resources to assist
judges in recognising the warning signs of depression,
suicide, substance abuse and addiction.
When asked about the response to the program, Davis said
that judges take the time every week to articulate the great
value they come away with after attending.
“The presentation is offered on Fridays and judges often
remain after class has ended to further the conversation.”
The session, titled “Wellness and the Legal Profession,” is
presented by Laurie Besden, executive director for Lawyers
Concerned for Lawyers and Judges Concerned for Judges.
Judges Concerned for Judges’ services are not only
available to judges but also to their family members. All
services are free, confidential, safe and supportive.
In 2016, the National Task Force on Lawyer Well-Being was
established as a result of two studies that found workers
in the legal profession have one of the highest rates of
depression and suicide, at nearly 28 percent.
The overall goal of the task force is to create a movement
towards improving the health and well-being of the
legal profession. One of their recommendations was the
institution of programs which encourage an open dialogue
about the facilitation and de-stigmatization of help-seeking
behaviors.
“There is an intrinsic stress factor levied upon Magisterial
District Judges that they encounter both in the courtroom
and within their communities,” said Susan Davis, executive
director of the Minor Judiciary Education Board. “We
wanted to develop curriculum that provided constructive
approaches for dealing with the unique circumstances
prevalent in the court system.”
5 ways to improve well-being
and boost resilience:
1. Practice gratitude
2. Practice mindfulness/meditation
3. Volunteer to help others
4. Practice self-compassion
5. Humor
more INFORMATION
visit www.jcjpa.org or call Judges Concerned for Judges of
Pennsylvania confidential helpline at 1-888-999-9706.
Faxing takes back seat to scanning
Technology continues to evolve and change the way courts
do business. Magisterial District Courts have experienced
some of those changes as many organizations no longer
use fax machines. Sharing documents with reporters and
other agencies via fax has become difficult in this electronic
age as scanning and email are the preferred methods.
While all AOPC printers have the capability to scan, not all
counties have chosen to take advantage of this feature
which allows the Magisterial District Courts to scan and
attach Electronic Records Management System (ERMS)
documents to docket entries in the Magisterial District
Judge System (MDJS).
Scanning is possible for most Magisterial District Courts
using the AOPC multifunctional printers in the Magisterial
District Court offices. Once scanned and saved, the
document can be attached to an email. Like faxing, courts
need to be careful not to share confidential information
when scanning and emailing documents.
If a county would like to start scanning, the district court
administrator should contact AOPC on behalf of all of the
Magisterial District Courts within the county. For more
information about scanning documents and using ERMS in
the MDJS, please contact Lisa.Polonia@pacourts.us.
10
Language access–
beyond the gavel
By Mary Vilter, Esq.
As part of their continued efforts to ensure access to justice for
all court users with limited English proficiencies (LEP), the AOPC
and the judicial districts continue to work together to implement
the statewide Unified Judicial System (UJS) Language Access
Plan.
The next phase of the plan addresses the provision of
meaningful language access for all programs, services and
activities outside the courtroom.
This includes any service ordered, managed or administered
by the court – custody mediation, anger management classes,
domestic violence programs, drug and alcohol evaluations, safe
driving classes, etc.
For services administered by the court, language access can be
provided using a variety of methods, including:
•
•
•
an in-person interpreter from the AOPC roster
qualified bilingual staff
contracted in-person, telephone and video remote
interpreters
translated written materials
•
• webinars or other activities conducted in languages other
than English
When it comes to court-ordered services, judges should use
their discretion and avoid ordering LEP parties to participate in
programs that do not provide interpretation or translation.
For services contracted on behalf of the court, it is important to
note that if the vendor receives federal funds, they are already
obligated to provide language access to their LEP participants
free of charge under Title VI of the federal Civil Rights Act.
As such, judicial districts are encouraged to work with their
counties to review contract terms, making sure to include
provisions requiring their vendors comply with Title VI and
provide meaningful language access.
Although this is a wide and far-reaching task, many counties
have already begun taking the steps needed to accomplish it.
How are counties meeting
this challenge?
“For our mandatory co-parenting class, we’ve
contracted with a vendor who provides the class
in Spanish and in English…For LOTS (languages
other than Spanish), we provide an interpreter
for the class or program.”
Kerry Turtzo
Lehigh County district court administrator
“We provide interpreters for pre-sentencing,
Court Reporting Network evaluations (a state
mandated assessment tool for DUI offenses)
and Our Children First class.”
Carol Dillon
Montgomery County language access coordinator
“If we become aware that a person needs an
interpreter, we provide an interpreter – this
is done on a regular basis for the Drug and
Alcohol Treatment Services. We also regularly
send interpreters along to the Alcohol Highway
Safety program, the domestic violence program,
and the adult probation department to assist
with pre-sentence investigations.”
Frank Castellano
Lackawanna County district court administrator
“The two agencies that they [the DA’s Office]
use for evaluation and treatment, refer the LEP
clients to classes in their language.”
Carmen Thome
Bucks County deputy court administrator
“We provide sign language interpreters for our
anger management class…Some of our judges
will put it on the record when someone needs
to attend a program outside the courtroom and
needs to have an interpreter.”
Monique Gomez
Northampton County official court interpreter
(Mary Vilter, Esq. is the
coordinator for court access.)
11
Legislative roundup by Damian J. Wachter, Esq.
The legislature continued consideration of several constitutional amendments, with a focus on
appellate jurist selection and victim protection. Constitutional amendments do not require the
governor’s signature. Instead, they must pass in successive legislative sessions, meet specific
advertising criteria and – finally – be approved by the voters.
Appellate jurists selection (first passage):
District elections:
House Bill 196 provides for the election by district of the
Supreme, Superior and Commonwealth courts. The districts
are established by law and must provide every resident of
the Commonwealth with approximately equal representation
on a court, be compact and contiguous and contain nearly
equal population as practicable. The General Assembly
would provide for the transition to district elections, the
impact of the change upon eligibility to seek retention and
the order in which the transition will occur.
Merit selection:
House Bill 111 establishes merit selection for vacancies on
the three appellate courts. The amendment provides for an
eastern, middle and western region established by law. Two
justices of the Supreme Court are chosen from each region
while one is chosen statewide. Five judges of the Superior
Court are chosen from each region and three judges of the
Commonwealth Court are chosen from each region.
Current appellate jurists would complete their current
term and be eligible to seek retention as provided by law
at the time of their election prior to the adoption of the
amendment.
Nominees would be provided by a 13-member Appellate
Court Nominating Commission. The commission would
consist of five appointees of the governor and eight of the
General Assembly. Nominees must be confirmed by two-
thirds of the Senate and upon confirmation, serve four-year
terms followed by nonpartisan retention elections.
Victim protection (second passage):
Victim rights amendments: House Bill 276 and Senate
Bill 149 – known as Marsy’s Law – create a new crime
victims section within the constitution. Its stated purpose is
to provide victim justice and due process throughout the
criminal and juvenile justice systems and the rights provided
must be protected in a manner no less vigorous than the
rights afforded to the accused. Victim rights include safety,
notification, opportunities to be heard, ability to refuse
interviews or depositions and full and timely restitution.
Coming Up:
We anticipate that the leglislature will:
1. Pass the 2019-20 General Appropriations Act and
supplemental bills, such as the Fiscal and Administrative
Codes, both of which could have judicial implications;
2. Explore advancing a second Justice Reinvestment
Initiative; and
3. Debate reforms to statutory probation
provisions.
{Damian Wachter, Esq. is the assistant
director of Legislative Affairs.}
12
Around the Judiciary
The 2019-2020 Judicial Budget
Hearing took place in February in the
Pennsylvania State Capitol.
(l to r): Ken Crump, assistant director of
Finance, Tom Darr, court administrator
of Pennsylvania, Pennsylvania Supreme
Court Justice Max Baer, Pennsylvania
Supreme Court Justice Sallie Updyke
Mundy and Andrea Tuominen, assistant
court administrator of Pennsylvania.
AOPC recently coordinated a food
drive for the Central PA Food Bank
(CPFB) in Harrisburg. Donations
collected by AOPC Mechanicsburg
and all tenants of PJC weighed 441
pounds. All items delivered to the
CPFB were placed on pantry shelves
located at their headquarters. While
not an official food pantry, those in
crisis who come for assistance are
never turned away and can help
themselves to the pantry items.
Over 60 program coordinators
met in Hershey, PA for their annual
Pennsylvania Problem-Solving Court
Coordinator Symposium from May
7-8 hosted by AOPC.
Laurie Besden, executive director
of Lawyers Concerned for Lawyers,
presented “To Hell and Back: One
Lawyer’s Path to Recovery” at Harvard
Law School on March 5, where she
shared her own story and discussed
the importance of incorporating
healthy mental practices into the legal
profession.
(l to r): Anna Levine, Esq., Massachusetts
Lawyers Concerned for Lawyers; J.
David Farrell, Esq., Lawyers Concerned
for Lawyers volunteer, Laurie Besden,
executive director, Lawyers Concerned
for Lawyers, and Stephanie Shark, Esq.,
former Montgomery County district
attorney.
On March 19, a panel of Common
Pleas judges appeared before the
House Judiciary Committee for an
informational meeting to generally
discuss the criminal procedural
process. The judges provided
remarks on the steps occurring from
pre-trial through sentencing, post-
conviction relief, problem-solving
courts, bail reforms and the role of
the president judge. The judges then
fielded questions from the committee
members.
(l to r): Judge Douglas Reichley (Lehigh);
Judge Kai Scott (Philadelphia); President
Judge Rich Lewis (Dauphin); Judge Craig
Dally (Northampton); Judge Anthony
Mariani (Allegheny); Judge George
Pagano (Delaware); Judge Albert Masland
(Cumberland).
President Judge of the
Commonwealth Court of Pennsylvania
Mary Hannah Leavitt received the
25th Annual Honorable Sylvia H.
Rambo Award. The ceremony was
hosted by Dickinson Law’s Women’s
Law Caucus on March 14 where
U.S. Judge for the Middle District
of Pennsylvania Sylvia H. Rambo
presented the award along with the
current President of the Women’s Law
Caucus, Alana Goycochea.
Supreme Court Justice David Wecht
gave a lecture, “Antisemitism, America,
and the Law” at Yale University on
April 2.
Pennsylvania Capitol Police Sergeant
Clarence Stokes conducted an active
shooter awareness training class in
Harrisburg on April 10. The training
addressed how to prepare for, and
respond to, an act of workplace
violence or an active shooter situation.
13
Around the Judiciary
Pennsylvania’s 2nd Annual Minor Court
Administrators Workshop was held in
Harrisburg from April 11-12 and focused
on best practices in the courts.
The 2019 Pennsylvania Children’s
Roundtable Summit took place in
April and focused on making sure
Pennsylvania is a “Family First
Commonwealth.” National and state
experts led sessions on issues of
poverty, drug addiction, trauma and
child well-being throughout the
three-day summit attended by nearly
400 child welfare professionals
including case workers, judges and
administrators.
New Court Administrator orientation
took place May 8-10 at the PJC. A
variety of topics were covered over
the course of the three-day workshop
including effective leadership roles,
fiscal and MDJ administration, as
well as caseflow, jury and facilities
management.
Pennsylvania Judicial Conduct Board
members.
l to r – (front row) Lisa K. Steindel,
Secretary; Hon. P. Kevin Brobson, Chair;
and Wilmarie González.
(back row) l to r – Hon. Patricia H. Jenkins;
Hon. Elizabeth S. Beckley, Vice-Chair;
Arnold Shienvold, Ph.D.; Mustafa L.
Rashed, Det.; Joseph M. Brown; Hon. Nina
Wright Padilla; Thomas J. Elliott, Esq.; and
Mandi L. Culhane, Esq.
Superior Court PJE Correale Stevens
and wife Louise Stevens, at his
Superior Court portrait unveiling in
Philadelphia.
Pennsylvania Supreme Court Justice
Kevin M. Dougherty and President
Judge Thomas A. James, Jr. at
a ceremony celebrating both the
graduation of nine participants from
Columbia/Montour Counties’ Drug
and DUI Treatment Courts, as well
as the accreditation of their Drug
Treatment Court at the Columbia
County Courthouse.
Pennsylvania judges met with Madame
Justice Maria Wilson of the High Court
of Trinidad & Tobago on April 16 at
Duquesne University School of Law.
Back row (l to r): Hon. Christine Ward,
Hon. Patricia McCullough, Hon. Mary Jane
Bowes, Hon. Jill Rangos, Hon. Kim Eaton, .
Front row (l to r): Hon. Judith Olson,
Hon. Justice Maria Wilson, Judge of the
High Court of Trinidad & Tobago; Hon.
Maureen Lally Green (ret.).
In May, Supreme Court Justice David
Wecht spoke at the First Judicial
District FYI Committee’s “Lunch with
the Supremes” at Philadelphia Family
Court where he attended as the guest
of honor. He gave a presentation titled,
“The Rule of Law, And Other Peculiar
Notions.”
Franklin County Bar Association
hosted Law Day on May 3rd. The
Young Lawyer Division of the bar
hosted the event. This year’s Law Day
was presided over by the Hon. Shawn
D. Meyers, Court of Common Pleas
for 39th Judicial District.
14
Around the Judiciary
On March 27, 2019, Stella L. Smetanka,
Esq., IOLTA Board member, received
an Excellence Award from the
Pennsylvania Legal Aid Network.
(l to r) Stella Smetanka and Jay W.
Alberstadt, Jr., Esq, President of the
Pennsylvania Legal Aid Network.
Superior Court Judges Mary Jane
Bowes, Judith Olson and Victor
Stabile sitting in Lycoming County.
Over 100 students attended and
listened to oral arguments.
Chief Justice Thomas G. Saylor
addressed the Pennsylvania Bar
Association House of Delegates
meeting in May. During the meeting,
the Chief inducted new members.
A ceremony recognizing retired counsel to the
Supreme Court’s Appellate Court Procedural
Rules Committee, Dean Phillips, was held on
May 14 in the PJC for his donation of a Supreme
Court Courtroom painting by renowned artist
Kathleen Howell to the Pennsylvania Judiciary.
top left: Dean Phillips addressses the audience
bottom left: (l to r) Justice Kevin M. Dougherty,
Justice Christine Donohue, Justice Max Baer,
Chief Justice Thomas G. Saylor, Dean Phillips,
Kathleen Howell, Justice Debra Todd,
Justice Sallie Updyke Mundy, Justice David Wecht
15
Transitions
committees, boards and advisory
groups
New to Judicial Branch
Patricia A. Brown - McKean County -
Assistant to the Court Administrator
John W. Norton - JDOP - Legal Intern
Kaitlyn N. Richards - Legal - Legal Intern
Lisa M. Sanderson - IT - Receptionist
Retirements/Resignations
Ronald L. Baker - IT - Help Desk Operator
Arati Das - IT - IT Development Manager
Roger F. Eckels - Westmoreland -
Magisterial District Judge
Richard A. Keller - IT - IT Support
Technician
Ashokkumar T. Modi - IT - End User
Hardware and Software Technician
Teresa M. Shapiro - IT - Administrative
Assistant
Hedwig T. Sherwood - IT - IT Development
Manager
Cynthia A. Smith-Janasik - IT -
Administrative Assistant
Charles A. Summerscales - IT -
Programmer Analyst
Joseph W. Tricarico - IT - End User
Hardware & Software Technician
Jeannine Turgeon - Dauphin - Judge
Hon. Daniel J. Anders - Reappointed -
Civil Procedural Rules Committee
Jennifer P. Bierly, Esq. - Reappointed -
Domestic Relations Procedural Rules
Committee
Paul D. Boas, Esq. - Reappointed -
Criminal Procedural Rules Committee
Hon. Mary Jane Bowes - Reappointed
- Appellate Court Procedural Rules
Committee
Kristen W. Brown, Esq. - Appointed
- Appellate Court Procedural Rules
Committee
Hon. Dan Clifford - Appointed - Joint
State Government Commission Advisory
Committee on Domestic Relations Law
Senator Maria Collett - Appointed -
Advisory Council on Elder Justice in the
Courts
Hon. Kim Eaton - Appointed - Joint State
Government Commission Advisory
Committee on Domestic Relations Law
Hon. Dale M. Fouse - Reappointed -
Appellate Court Procedural Rules
Committee
Jarad W. Handelman, Esq. - Reappointed -
Criminal Procedural Rules Committee
John J. Hare, Esq. - Chair Civil
Procedural Rules Committee
Gerald Lawrence, Jr., Esq. - Chair -
Pennsylvania Board of Law Examiners
Joseph P. Martone, Esq. - Appointed -
Domestic Relations Procedural Rules
Committee
Maureen Murphy McBride, Esq. -
Appointed - Civil Procedural Rules
Committee
Patricia A. McCullough - Reappointed
- Appellate Court Procedural Rules
Committee
Lawrence J. Moran, Sr., Esq. - Appointed -
Pennsylvania Board of Law Examiners
Rep. Thomas P. Murt - Appointed -
Advisory Council on Elder Justice in the
Courts
Terrence R. Nealon, Jr., Esq. - Appointed -
Civil Procedural Rules Committee
Hon. Katherine Platt - Appointed - Joint
State Government Commission Advisory
Committee on Domestic Relations Law
MDJ Andrea E. Puppio - Appointed - Court
of Judicial Discipline
David S. Rasner, Esq. - Vice-Chair -
Pennsylvania Board of Law Examiners
Clifford A. Rieders, Esq. - Appointed -
Civil Procedural Rules Committee
Stanley M. Stein, Esq. - Reappointed -
Civil Procedural Rules Committee
Cynthia K. Stoltz, Esq. - Appointed -
Domestic Relations Procedural Rules
Committee
Acting Secretary of the PA Department
of Aging Robert Torres - Appointed -
Advisory Council on Elder Justice in the
Courts
Hon. Christine A. Ward - Vice-Chair &
Reappointed - Civil Procedural Rules
Committee
601 Commonwealth Avenue
Harrisburg, PA 17120
