The Legal Intelligencer Blog

As Senior Judge, Sloviter to Maintain Busy Workload

By Saranac Hale Spencer
Of the Legal Staff

Judge Dolores K. Sloviter, the first woman to serve on the U.S. Court of Appeals for the Third Circuit, told President Obama in her official letter of resignation that she plans to maintain 80 percent of her current workload when she accepts status as a senior judge of the court later this month.

The letter, which was released by Sloviter’s chambers Thursday, was dated June 4. Her resignation is set to become effective June 21, exactly 34 years after she took her seat on the Third Circuit as an appointee of President Jimmy Carter. Sloviter served as chief judge of the Third Circuit for most of the 1990s.

“During my tenure, I have had the opportunity to participate in the consideration of some of the most challenging and interesting issues to have come before the federal courts,” she wrote in her letter to Obama.

The longtime judge told Obama that it had been a privilege to serve on the court for more than three decades. “I cannot imagine any job in which I would have had an equivalent opportunity to serve this country,” Sloviter wrote.

Saranac Hale Spencer can be contacted at 215-557-2449 or [email protected]. Follow her on Twitter @SSpencerTLI.

Traffic Court Legislation on Its Way to Governor

By Amaris Elliott-Engel
Of the Legal Staff

The Pennsylvania Senate unanimously approved the enabling legislation that would eliminate the Philadelphia Traffic Court in the wake of the latest ticket-fixing scandal within that body.

The Senate had already passed the bill but today concurred in two amendments made in the House of Representatives.

State Senator Dominic Pileggi, R-Delaware, the majority leader of the Senate and the sponsor of the legislation, said “it is past time to do away with this institution,” citing several past instances of criminal cases arising out of the court and the most recent criminal case in which several current and former Traffic Court judges were charged by federal prosecutors with ticket-fixing. Three judges have pled guilty. Six have entered pleas of not guilty.

When Governor Tom Corbett signs the bill into law, the elections for three Traffic Court judges scheduled for this year will be canceled, Pileggi said.

The legislation would create a traffic division within Municipal Court, would create two new Municipal Court judges to adjudicate any Traffic Court cases involving jail sentencing, and would provide that the one judge who is still sitting and has not been charged criminally would be phased out.

Legislators also have approved a second bill that would eliminate the constitutional authority for the Philadelphia Traffic Court if the legislation passes again in 2014 and then is approved by Pennsylvania voters in 2015.

Amaris Elliott-Engel can be contacted at 215-557-2354 or [email protected]. Follow her on Twitter @AmarisTLI.

Judicial 'Merit Selection' Gets Renewed Push by Four Ex-Governors

By Amaris Elliott-Engel
Of the Legal Staff

A bill that would give Pennsylvania voters the opportunity to decide whether to amend the state constitutional process for electing appellate court judges has a better chance of advancing than it has in the past, former Governor Ed Rendell said Monday. There is a better chance, he said in a conference call with reporters, because Rendell and three other former governors have come out in favor of the legislation and because Supreme Court Justice Joan Orie Melvin’s political corruption conviction has again pointed out the dangers of having judicial candidates campaign for office.

Rendell, a former Democratic governor; Tom Ridge, a former Republican governor; Dick Thornburgh, a former Republican governor; and George Leader, a former Democratic governor, wrote a letter to every member of the General Assembly in favor of a proposed bill that would set up a bipartisan commission that would select five candidates for every appellate-court vacancy to create a shortlist from which the governor would have to make an appointment. All those appointees would be subject to retention elections by voters, and trial-court judges would still be elected directly. The bill would have to be passed by the General Assembly two times before going to a referendum before voters.

Some of the problems with electing judges are that there are great amounts of money raised in appellate-court races, raising the possibility of “potential deference owed to donors,” Thornburgh said.

The genius of the framers of American government was that the judiciary was to be a body independent of people’s opinions, Ridge said. “It’s about … experience and temperament and the rule of law and upholding the constitution and not public opinion,” Ridge said.

Thornburgh cited a quote by Woodrow Wilson that he “would rather lose in a cause that will some day win, than win in a cause that will some day lose,” to explain why he continues to push for a change in how judges are selected.

The bill was introduced in the Senate by state Senator Anthony Williams, D-Philadelphia, and state Senator Richard Alloway, R-Adams, and Representative Bryan Cutler, R-Lancaster, is circulating the bill for co-sponsors, said Lynn Marks of Pennsylvanians for Modern Courts.

Amaris Elliott-Engel can be contacted at 215-557-2354 or [email protected]. Follow her on Twitter @AmarisTLI.

Reporter's Notebook: Pro Bono Program May Help Traffic Court Image

By Amaris Elliott-Engel
Of the Legal Staff

As part of reporting a story on the future of the Philadelphia Traffic Court after allegations of ticketing-fixing have become widely publicized, I learned about an upcoming program that is aiming to help ex-convicts set up payment plans for past traffic infractions in order to get their driver’s licenses restored. The full story on the Pennsylvania Supreme Court weighing the future of Traffic Court can be found here. 

One new program that has its auspices from people outside of the FJD may help public perception of the court, Philadelphia Court of Common Pleas Judge Gary Glazer, administrative judge of the Traffic Court, said.

Two students from Temple University’s Beasley School of Law, under the supervision of Montgomery McCracken Walker & Rhoads attorneys, including Ellen Brotman, are going to work with ex-convicts on setting up payment plans for past traffic tickets so that they can get their driver’s licenses restored.

U.S. Magistrate Judge Timothy R. Rice of the Eastern District of Pennsylvania, one of the judges presiding over a court that gives federal prisoners a break on their prison terms if they successfully complete reentry court, said the idea for the program came about because so many of the reentry court participants have past traffic infractions that built up fines while they were incarcerated.

Not having a driver’s license is the biggest impediment, besides not having a general equivalency diploma, for former defendants getting jobs, Rice said.

Many employers will hire people who have been convicted of felonies, but they need licenses in order to get to work, Rice said.

“It has the potential to be a marvelous addition and help to the system,” Glazer said.

Rice also said that, while the program will initially focus on helping reentry court participants, that the program may expand to help other defendants.

(In full disclosure, Rice is teaching a course in which the author of this blog is enrolled.)

Fresh Ink: Inside Today's Legal and Pa. Law Weekly

Welcome to your Tuesday morning round-up of stories in today’s edition of The Legal Intelligencer, which also includes this week’s edition of Pennsylvania Law Weekly. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

Also inside of today’s paper is this year’s GC Compensation supplement, analyzing the pay packages for the state’s top-paid general counsel and looking at say-on-pay’s effect two years later.

The top story in today’s Legal is the death of former U.S. Senator Arlen Specter. As reporter Amaris Elliott-Engel writes, lawyers said Specter was a legal giant who greatly shaped the federal judiciary in the state for more than three decades.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a company must turn over financial documents in a commercial suit regardless of its argument that some of them have “confidential financial information.”

In more Regional News on Page 3, Saranac Hale Spencer writes that a federal judge has ruled that most of the communication between a plaintiff and his former lawyer is covered by attorney-client privilege during the man’s deposition in a suit he filed against his business partners and their lawyer.

As always, our People in the News section is on Page 2, and the top stories from our sibling publications across the country make up the Page 4 National News section.

In a Legal Marketing column on Page 5, Stacy West Clark says if you want to be successful, create a personal brand.

In an Asset Management column on Page 7, Anthony B. Creamer III writes about greater scrutiny on fair value in financial reporting.

Today’s lead story in PLW is a preview of oral arguments beginning today. As reporter Ben Present writes, the slate includes landmark cases regarding text messages and the Marcellus Shale.

Below the fold on Page 1, Saranac Hale Spencer writes that legislative immunity bars a suit over the “Year of the Bible” proclamation made by members of the state House of Representatives.

On Page 3, Ben Present writes that SEPTA has been spared a subrogation lien by the Pennsylvania Supreme Court.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about judges promoting books; Matthew Weisberg’s Professional Liability column about withdrawing as counsel while avoiding conflicts of interest; and David G. Mandelbaum’s Environmental Law column about institutional controls and pre-enforcement review in cleanup cases.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Two Named to Fill Vacancies on U.S. Middle District Court

By Saranac Hale Spencer
Of the Legal Staff

President Obama has nominated Matthew Brann and Malachy Mannion for the two vacant seats on the bench in the Middle District of Pennsylvania.

Brann, a partner at Brann Williams Caldwell & Sheetz in Bradford County, is a former chairman of the county’s Republican committee and is a graduate of Penn State’s Dickinson School of Law.

Mannion has been a magistrate judge in the Middle District since 2001 and, before that, was an assistant U.S. attorney there. For four years, he was in private practice as a principal at Hourigan, Kluger, Spohrer & Quinn in Scranton.

"Malachy Mannion has served the public as a U.S. attorney and as a federal magistrate judge, and I will push for a speedy confirmation process in the Senate. I have known Mal for years and he is an excellent lawyer whose integrity is beyond reproach," Senator Robert P. Casey Jr., D-Pa., said in a press release. "Matthew Brann, along with an impressive career in private practice, has demonstrated a commitment to the community that will make him an outstanding judge.”

"On a bipartisan basis, I have been working closely with Sen. Casey on judicial nominations for our state to help confirm qualified, experienced individuals with unquestioned honesty and integrity. I am confident that these two nominees will live up to these standards and hope that the Senate confirms them in a timely manner," Senator Pat Toomey, R-Pa., said in a press release.

The seats became open upon A. Richard Caputo’s retirement in 2009, and Thomas Vanaskie’s elevation to the U.S. Court of Appeals for the Third Circuit in 2010.

The reinforcements, if confirmed, would restore the Middle District bench to full strength.

“We try not to dwell on it,” Yvette Kane, chief judge in the Middle District, said earlier this week of the four active judges who have been saddled with heavy caseloads in absence of a full complement on the bench.

The national average number of days from the announcement of a vacancy to the nomination to fill it is 399, according to Russell Wheeler, of the Brookings Institute. Wheeler has published several studies on the judicial nomination process and its politics.

No Contempts for First 2 Weeks of New Fugitive Court

By Amaris Elliott-Engel
Of the Legal Staff

Court leaders have agreed that any defendants voluntarily surrendering on bench warrants won’t face contempt proceedings for the first two weeks of the First Judicial District’s new bench warrant court starting Monday, defense attorney Michael J. Engle said today.

Engle said he was one of many people meeting with state Supreme Court Justice Seamus P. McCaffery on the new court Thursday.

Engle said that the Pennsylvania Association of Criminal Defense Lawyers and other members of the defense bar were unsuccessful in getting the court to delay the start of the court by two weeks, but court leaders did agree to phase in contempt proceedings for defendants who voluntarily surrender.

However, defendants picked up involuntarily will face potentially contempt trials immediately, Engle said.

The FJD is starting a dedicated courtroom to hold contempt proceedings and bench warrant hearings for defendants who have failed to appear for prior court dates. Philadelphia Municipal Judge Joseph C. Waters Jr. will preside.

About 40 to 45 attorneys attended a training convened by the PACDL, the Philadelphia Bar Association’s criminal justice section and the Defender Association of Philadelphia, Engle said.

There are close to 100 attorneys who have agreed to take court appointments to handle the lists of fugitives in the court.

As the system is set up right now, there is no way to do a conflict check, Engle said.

The plan is to have lists of cases called at 9:30 a.m., 11:30 a.m. and 1:30 p.m., Engle said.

The afternoon list is supposed to involve the defendants in custody, Engle said. Court leaders have expressed an interest in having the bench warrant hearings held over video-link between the Philadelphia Prison System and the Criminal Justice Center, Engle said.

The defense community has raised the issue that mandating video appearances for defendants in custody “infringes upon the defense constitutional rights,” Engle said. “It makes it impossible for defense attorneys to meet with and adequately consult with the client.”

One idea to address that problem is to have the defense attorney go up to the prison in the morning and meet with the defendants in preparation for the afternoon list, Engle said.

But if the case proceeds into a contempt trial, the question has not been resolved if the lawyer should stay up at the prison and be there in person with his or her client or if the lawyer should be in the courtroom where the evidence is, Engle said.

Fairness Commission Calls for Improvements in Indigent Defense

By Amaris Elliott-Engel
Of the Legal Staff

The Pennsylvania Interbranch Commission for Gender, Racial and Ethnic Fairness has asked the state Supreme Court to work with the commission to increase diversity among the lawyers who are appointed to represent indigent criminal defendants not represented by public defenders, according to the commission's annual report released today.

Six committees of the commission work on policies and procedures to eliminate racial, ethnic and gender bias in the judiciary. The commission was created in 2005 after the state Supreme Court commissioned a study to examine the prevalence of racial and gender bias in Pennsylvania courts; that study was released in 2003.

Philadelphia Chief Defender Ellen Greenlee, who is serving on a state commission examining the issue of indigent defense in Pennsylvania, said during a meeting of the commission today that Pennsylvania is the only state in the United States that does not provide state funds for indigent defense.

The indigent-defense commission, which will release its report in the next few months, wants to "move it off the blackboard and onto the agenda of the state legislature."

Once the report is launched, Lisette M. McCormick, who is both the director of the commission for fairness and a member of the indigent defense commission, said that a statewide coalition will be formed to educate the public and legislators about how the lack of state funding for indigent defense results in deficient legal representation for defendants.

Speakers at the meeting today included Philadelphia Bar Association Chancellor Rudolph Garcia, Philadelphia District Attorney Seth Williams and Greenlee.

Williams said many Philadelphians of color feel that the criminal justice system is an oppressor of their communities, not protectors of them.

But in order to achieve fairness in the courts, criminal justice leaders have to focus on victims, Williams said.

But many victims are young black men who are just as likely to be shot as to be the shooter, Williams said. There is overlap between assailants and victims on the "Venn diagram" of crime in the city because the number one cause of death for young black men is homicide, Williams said.

Eight people were killed last weekend in Philadelphia, he said, which did not make headline news. But if eight tourists from Sweden had been killed while visiting Philadelphia, the city would be thrust into lockdown in order to solve gun violence, Williams said.

"When we think about fairness and justice we have to think that -- those men in that diagram -- that their lives are just as important," Williams said.

The Legal will have more coverage of the latest report from the commission in an upcoming section of its Pennsylvania Law Weekly section.

Amaris Elliott-Engel is a reporter for The Legal. She can be contacted at 215-557-2354 or [email protected]. Follow her on Twitter: @AmarisTLI.

Fresh Ink: Inside Today's Legal (and Delaware!)

By Jaime Bochet
Of the Legal Staff

Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage.  (Some stories may require registration or a paid subscription.)

Just as Tuesdays always include our Pennsylvania Law Weekly section, Wednesday is the unofficial "Day of Delaware," when we roll out the fresh ink from our First State to the south. That includes the Delaware Law Weekly, available online at www.delawarelawweekly.com, as well as our newest product, the Delaware Business Court Insider, an online newsletter that definitely warrants a look.

But more about Delaware in a bit … let's get to today's Legal.

Topping the front page, U.S. Courthouse Correspondent Shannon P. Duffy has news that deals a legal setback to the Obama administration: "A federal judge in Harrisburg has struck down several provisions of the Affordable Care Act after concluding that the law's 'individual mandate' is an unconstitutional extension of Congress's authority under the Commerce Clause. 'The issue is whether Congress can invoke its Commerce Clause power to compel individuals to buy insurance as a condition of lawful citizenship or residency,' U.S. District Judge Christopher C. Conner wrote in his 53-page opinion in Goudy-Bachman v. United States."

Below the fold, reporter Amaris Elliott-Engel was there as the Supreme Court heard (televised) oral arguments in an historic setting in Old City Philadelphia yesterday. In the case she covered, a state Supreme Court justice characterized the drugmaker Wyeth as asserting that there is enough protection for persons harmed by prescription drugs in federal regulation of the release of drugs onto the market, and limiting plaintiffs to lawsuits for drugmakers' alleged failures to adequately warn of risks.

Today's Page 3 Regional News story is by reporter Zack Needles, who chronicles the growth of an area law firm: Philadelphia-based Zarwin Baum DeVito Kaplan Schaer Toddy has acquired four transactional lawyers from the Philadelphia office of Maryland-based Offit Kurman, saying increased work in that practice area over the last few months has necessitated the growth.

As always, our People in the News sectionis on Page 2. The top stories from our sister publications across the country make up the Page 4 National News section.

Today's contributed columns begin on Page 5 with an "Employment Law" column by Sid Steinberg of Post & Schell, who writes that as cases under the amended Americans with Disabilities Act begin to reach the courts, less emphasis will be placed on whether an employee is "disabled" and a greater emphasis will be placed on the questions of whether an employee is a "qualified individual" under the act and whether an employee could be reasonably accommodated.

Page 7 features our weekly "GC Mid-Atlantic" page, with an article from affiliate Corporate Counsel magazine, which profiles the new head of the Minority Corporate Counsel Association (MCCA), Joe West.

As we move south in our weekly coverage to Delaware, we'll stop first at the Delaware Law Weekly, where reporter Jeff Mordock has the top stories. Please note: all of our Delaware coverage is for paid subscribers, but you can register for a free 30-day trial by clicking here.

In the top slot, Jeff writes that four Sussex County residents have filed a lawsuit accusing the county's legislative council of explicitly endorsing Christianity by beginning each meeting by reciting the "Our Father."

Jeff also reports that St. Paul Fire and Marine Insurance Co. has filed a lawsuit seeking to remove itself from the duty of defending or reimbursing the Beebe Medical Center in Lewes, Del., from civil lawsuits related to the crimes committed by former pediatrician Earl Bradley.

Finally, we'd like you to meet (if you haven't already) the Delaware Business Court Insider.  As the name suggests, this is a national product covering the latest news, analysis and cases from the Delaware Chancery Court, Bankruptcy Court and Supreme Court. The accompanying website is www.delbizcourt.com, where you can go to subscribe to this newsletter weekly. You can also follow us on Twitter at: @delbizcour.

Top stories there include the following:
- President Obama is set to overhaul the nation's patent system, but attorneys say it is too early to see how the law will affect business.
-  Plaintiffs filed yet another amended complaint in their derivative suit against News Corp., including new allegations against the company.
- Vice Chancellor Noble denies plaintiffs' request for interim attorney fees in the Novell shareholder dispute.

Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal and our Delaware coverage!

Jaime Bochet is the Magazines & Supplements Editor for The Legal. Follow her on Twitter at @JaimeBochetTLI or e-mail [email protected].

Fresh Ink: Inside Today's Legal (and DLW!)

By Jaime Bochet
Of the Legal Staff

Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage.  (Some stories may require registration or a paid subscription.)

Just as Tuesdays always include our Pennsylvania Law Weekly section, Wednesday is the unofficial "Delaware Day," when we roll out the fresh ink from our First State to the south. That includes the Delaware Law Weekly, available online at www.delawarelawweekly.com, as well as our newest product, the Delaware Business Court Insider, an online newsletter that definitely warrants a look.

But more about Delaware in a bit … let's get to today's Legal.

Topping the front page, reporter Zack Needles updates his coverage of the Marcellus Shale play: "A new report by the U.S. Geological Survey regarding the amount of recoverable natural gas contained in the Marcellus Shale has garnered major press since the agency sent out its Aug. 23 press release detailing its findings, but Pennsylvania energy attorneys said the data is not necessarily as newsworthy as either pro- or anti-drilling factions have made it out to be." You can check out all of our previous Marcellus Shale play content by clicking here.

Below the fold, senior reporter Gina Passarella has an update on a business of law story. The parties involved in a same-sex marriage dispute involving a deceased Cozen O'Connor partner and her profit-sharing plan continue to trade court filings and have now officially raised questions regarding the constitutionality of the federal Defense of Marriage Act and Pennsylvania's "mini DOMA."

Today's Page 3 Regional News story is by reporter Amaris Elliott-Engel, who writes that the Commonwealth Court, sitting en banc, has ruled that the state-run fund that provides excess coverage in medical malpractice claims must pay for coverage in a case in which an allegedly negligent doctor's primary malpractice insurance policy converted from a claims-made policy to an occurrence-type policy.

As always, our People in the News section is on Page 2. The top stories from our sister publications across the country make up the Page 4 National News section.

Today's contributed columns are our "GC Mid-Atlantic" page, with a story from our affiliate, Corporate Counsel magazine, and a "Public Interest" column by Matthew J. Lambert of the Pennsylvania Immigration Resource Center. 

As we move south in our weekly coverage to Delaware, we'll stop first at the Delaware Law Weekly, where reporter Jeff Mordock has the top stories. Please note: all of our Delaware coverage is for paid subscribers, but you can register for a free 30-day trial by clicking here.

In the top slot, Jeff writes that Robert Taishoff has resigned from his position as chairman of Widener University School of Law's Campaign Committee in protest of the university's suspension of controversial law professor Lawrence J. Connell. The resignation is seen as a major loss for the law school because Taishoff was one of its most active alumni and had donated millions to the university.

Jeff also reports that Connolly Bove Lodge & Hutz's Wilmington office has bolstered its intellectual property practice with the addition of partners Edward F. Behm Jr. and Thomas J. McWilliams.

Finally, we'd like you to meet (if you haven't already) the Delaware Business Court Inside. As the name suggests, this is a national product covering the latest news, analysis and cases from the Delaware Chancery Court, Bankruptcy Court and Supreme Court. The accompanying website is www.delbizcourt.com, where you can go to subscribe to this newsletter weekly. You can also follow us on Twitter at @delbizcourt.

Top stories there include:
- The Delaware Supreme Court has reversed a Chancery Court decision, recasting the plaintiff's claim as a waiver dispute instead of breach of contract.
- The Delaware Superior Court has dismissed a fraud count against an investment group.
- The 3rd Circuit has upheld a district court decision to dismiss fraud claims for lack of scienter.

Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal and our Delaware coverage!

Jaime Bochet is the Magazines & Supplements Editor for The Legal. Follow her on Twitter at @JaimeBochetTLI or e-mail [email protected].