 |
|
The Causeway
The Monthly Newsletter for the Franklin County Bar Association
July 2020
"The law is a causeway upon which, so long as he keeps to it, a citizen may walk safely" Robert Bolt, playwright
|
|
|
Press Releases, Memos and Important Notices
39th Judicial Memos and Information
The Pennsylvania Judiciary has provided updates at the link below regarding county-by-county court operations and proceedings. They continue to monitor developments regarding the spread of the coronavirus (COVID-19) and its impact on court operations.
http://www.pacourts.us/ujs-coronavirus-information
|
|
* Congratulations to Paul Edger, of MidPenn Legal Services. Paul is being recognized as a Rising Star by Super Lawyers.
* We offer our condolences to Janice Hawbaker and her family for the passing of her mother Anne Watson Muller
. You may read more about Drs. Muller HERE.
|
Franklin
County Legal Services Annual Report
Please
CLICK HERE to review the Franklin County Legal Services Annual Report for 2019.
|
Scholarship Opportunity
for Law Students
Know a student in a 3-year J.D. Program in Pennsylvania who is a permanent resident of Franklin County?
Share this scholarship opportunity with them today!
We are reaching out to you to ask that you share this scholarship opportunity with any students you know or work with who may be eligible to apply. We want to be sure area law students are aware of the opportunity.
The Faerie L. Angle Memorial Scholarship Fund was established to financially support young persons from Franklin County, Pennsylvania studying to be lawyers. Awards will be made to students entering the first, second, and third year of a J.D. Program in Pennsylvania.
Learn more at:
Know a student who is not yet in a 3-year J.D. program, but plans to attend? Please have them visit www.tfec.org/faerieanglereminders/ to sign up to receive annual reminders about the availability of this scholarship.
About The Foundation for Enhancing Communities
The Foundation for Enhancing Communities (TFEC), a community foundation, inspires giving by partnering with donors to achieve their charitable goals, and strengthens our local communities by investing in them now, and for future generations. TFEC has been serving the South Central Pennsylvania counties of Cumberland, Dauphin, Franklin, Lebanon, and Perry, and the Dillsburg Area for nearly 100 years. Regional foundations of TFEC include the Greater Harrisburg Foundation, the Franklin County Foundation, the Mechanicsburg Area Foundation, the Perry County Community Foundation, the Camp Hill Area Community Foundation, and the Dillsburg Area Foundation. For more information on TFEC, please visit
www.tfec.org
.
|
Guardianship Tracking System Workshops
The Administrative Office of the Pennsylvania Courts (AOPC) is offering a series of workshops that show court-appointed guardians how to use the new Guardianship Tracking System (GTS). The GTS makes it possible for guardians of adult incapacitated persons to file inventory and annual reports online from any internet-accessible computer.
We are pleased to offer these workshops in both an online and in-person format.
Each workshop covers the same information so feel free to attend any session that fits your schedule. Registration is required for all workshops through WebEx.
|
Attorney Position Opening
Franklin County Legal Services ("FCLS") is a charitable, nonprofit agency located in Chambersburg, Pennsylvania. FCLS was founded in 2002. Our mission is to provide access to legal representation, advice, and education to low-income individuals with civil legal problems. Services are provided free of charge to the recipients of the services. Our work provides access to justice and helps meet basic human needs through the provision of civil legal services.
FCLS is seeking applicants for a full-time Attorney position. The Attorney will provide civil legal services to indigent clients. Access to help for all types of civil legal problems is provided with our primary in-house practice areas focusing on the greatest needs of immigration, landlord/tenant, and family law. The Attorney will also participate in regular screening/advice sessions for potential clients and know-your-rights presentations. Position may involve remote work and travel.
Funding for the position is guaranteed for twelve (12) months with the possibility of extension.
QUALIFICATIONS:
- Graduate of an ABA accredited law school;
- Admission to the Pennsylvania Bar preferred;
- Will consider attorneys licensed in another state and law school graduates;
- Experience in Pennsylvania Family Law, Landlord/Tenant matters, or Immigration Law preferred as well as experience working with detained individuals;
- Ability to work independently and travel to meet with clients;
- Fluency in Spanish a plus; and
- Strong commitment to public interest law.
SALARY AND BENEFITS:
Salary and fringe benefits information is provided to the selected candidate at the time that the position is offered. FCLS attorneys are eligible to apply for the PA IOLTA Board Loan Repayment Assistance Program offered by the Pennsylvania Bar Foundation. Membership fees for Franklin County Bar Association, Pennsylvania Bar Association, and American Immigration Lawyers Association are paid by FCLS.
HOW TO APPLY:
Submit resume and cover letter via email (gloria@fcls.net) to Gloria Keener, Executive Director. Subject Line: Attorney Position.
Applications will be accepted until the position is filled. Equal Opportunity Employer.
|
July 13th: Attorney Mailboxes Reopen
As part of the March 18, 2020 order issued by President Judge Meyers declaring a judicial emergency, use of the attorney mailboxes was suspended.
We will be allowed to resume use of these mailboxes, starting Monday, July 13, 2020. The health and safety of each of our members is of great concern for us. We want to make sure that each attorney and/or firm is given the opportunity to decide if and when they are comfortable resuming use of their mailbox. To ensure that this communication and been received and evaluated, we will be opening mailboxes for those attorney/firms who have opted to do so. If you do not opt-in by Monday, July 13th your mailbox will be discontinued until we hear from you.
Please contact Amelia to opt-in, opt-out, or express any questions or concerns. If you choose to opt-out of receiving mail at the Courthouse, you may resume any time in the future by contacting Amelia.
Opt-In - REQUIRED
Due to the public health emergency and to assure that each member receives proper communication of the change to Courthouse mail, all members (or firms) who wish to receive their mail at the Courthouse must Opt-In. You may call 717-267-2032 or email Amelia at director@franklinbar.org
|
Franklin County Legal Journal
We continue to publish the Franklin County Legal Journal on a weekly basis. We now have a PO Box to streamline retrieval of mail. The Heritage Center building has limited access, which may interrupt mail delivery. (Our mail is being forwarded to the new PO Box.)
You may continue to email notices using legaljournal@franklinbar.org
Please may mail notices/checks to:
Franklin County Legal Journal
PO Box 189
Chambersburg, PA 17201
Members who normally receive their copy of the legal journal delivered to the Courthouse will receive a PDF via email. If you would like a member of your staff added to this distribution list please let us know. If you would prefer to receive your legal journal mailed to your office please let us know.
|
Franklin County Bar Association and Franklin County Law Library Reopening
Franklin County transitioned from Red Phase to Yellow Phase on Friday, May 29th. The Franklin County Bar Association office and Franklin County Law Library reopened on Friday. We are using the CDC's and Department of Health's guidelines to operate in a manner that prioritizes the safety of members, visitors, and staff while granting access to our facility. The total number of people allowed in our facility is eight (8), which includes law library visitors, conference room use, and staff. Please call 717-267-2032 or email director@franklinbar.org with any questions.
Franklin County Law Library
The Franklin County Law Library is open and available by appointment (starting May 29th). To schedule an appointment please call 717-267-2071. Staff will schedule appointments during normal business hours of Monday - Friday, 8:30 a.m. - 4:30 p.m. Staff is typically in the office Tuesday, Thursday, and Friday mornings. If you call during these times you may be granted immediate access to the Law Library if we have not reached capacity.
Procedures
- A maximum of four (4) people are allowed in the Law Library research area. This includes staff.
- Everyone over the age of 2 is required to wear a mask. *
- Everyone is asked to use the hand sanitizer located at the front desk or wash their hands in the bathroom when entering and exiting the Law Library.
- DO NOT use the Law Library if you are experiencing an elevated temperature of 100 or greater, cough, shortness of breath or difficulty breathing, chills, muscle pain, sore throat, new loss of taste or smell. These are symptoms of COVID-19. Staff will ask about these symptoms. We reserve the right to refuse entry to anyone based on safety concerns, at the discretion of our Executive Director.
- Staff and visitors are always expected to maintain proper social distancing and avoid physical contact.
- Surfaces will be cleaned between visitors. Please be patient when waiting to use Law Library equipment, including computers, the copier, and books.
- All Law Library visitors will be asked to provide their name and phone number for our visitor log. The information on the visitor log will be shared with the Department of Health if requested for public safety purposes (i.e. contact tracing of COVID-19).
Please visit www.franklinbar.org/find to learn more about the legal research tools that are available for you to use from home.
FCBA members
may access the Law Library after hours (if you have keys). You are not required to schedule this time with staff. Please complete the visitor log when you arrive. Please maintain the four (4) person limit after hours.
* Disposable masks are available. Please inform staff if you are unable to wear a mask due to a medical reason. We will make accommodations for you to use the Law Library safely.
FCBA Conference Room 1
Conference room 1 will be available for members and non-member attorneys.
- A maximum of four (4) people are allowed in the conference room. Amelia can set up Zoom for FCBA members who have clients or other attorneys wishing to join remotely.
- Persons using the conference room will be asked to follow the same safety procedures as the library patrons. i.e. hand washing, wearing mask, etc.
|
|
Complete all 2020 CLE Credits Online with Courses from Local Bar Associations!
The Pennsylvania Supreme Court recently announced that all required CLE credits for 2020 can be earned through distance learning courses. Now you can fulfill your entire credit requirement from home while supporting local bar associations! The Franklin County Bar Association and other bars across PA have partnered with Axom Education to offer online CLE courses. All courses are available to any attorney seeking PA CLE credit- you don't need to be a member of the bar association offering the course.
Recently released courses (and more coming soon!):
- Coronavirus and Your Mental Health: A Lawyer's Guide to Coping with Isolation, Anxiety, and Fear in Uncertain Times (1 Substantive Credit)
- Malpractice Avoidance and Mitigation (1 Ethics Credit)
- 2020 New Sentencing Guidelines (2 Substantive Credits)
- Mobile Home Park Management (1 Substantive Credit)
- 2020 Family Law Update (1 Substantive Credit)
- Social Media in Private Practice (1.5 Substantive Credits)
- Everything You Ever Wanted to Know About Impaired Lawyers (1 Ethics Credit)
|
|
Amazon Smile for FCB Foundation
Did you know you could make a donation to the FCB Foundation when you shop at Amazon?
CLICK HERE to select FCB Foundation as your charity.
You shop. Amazon gives.
- Amazon donates 0.5% of the price of your eligible AmazonSmile purchases to the charitable organization of your choice.
- AmazonSmile is the same Amazon you know. Same products, same prices, same service.
- Support your charitable organization by starting your shopping at smile.amazon.com
|
Coffee Corner
"Coffee Corner" is a periodic column in The Causeway by Bar members Annie Gómez Shockey, Brandon Copeland, Krystal MacIntyre, and Brendan Sullivan.
By Brandon Copeland
Quarantine with No Possibility of Parole: The Strange Story of Mary Mallon
The date is March 27, 1915, and a woman stands staring at a one-story cottage that is once again her prison. She spent three years confined within its walls and the grounds of isolated North Brother Island, New York before. The woman was born on September 23, 1869 in County Tyrone, Ireland. When she was a teenager, she emigrated to the United States with hopes of entering domestic service. She would live to regret that decision. Bad luck and misfortune seemed to plague the many households she worked in. But those who blamed her had to be wrong. What they said could not possibly be true. She had never been sick. That disease stalked her path could not be her fault. The woman hopes for a second reprieve and another chance at freedom. That reprieve will never come. The woman's name was Mary Mallon, but history remembers her as Typhoid Mary, and she will die on North Brother Island twenty-three years later, never having regained her freedom.
Mary Mallon was skilled at what she did. She was an experienced cook, who managed to work her way into the kitchens of some of New York's most elite homes. She was renowned for her desserts. Her hand made peach ice cream apparently being her most sought-after creation. There was one problem. Mary had typhoid fever. She may have been born infected, but certainly by the time she was an adult her body was riddled with the disease-causing bacteria. Typhoid is a nasty bacterial infection that causes vomiting, diarrhea, high fever, and delirium. Untreated it kills between 10-30% of those infected. There were no antibiotics or other effective treatments during Mary's lifetime, only supportive care. Poor sanitation spreads the disease when fecal matter contaminates food and water. It was a scourge during Mary's day and still kills more the 100k people every year. The cases that followed Mary where strange though. Typhoid generally stalks the poor and crowded districts of cities and other areas where sanitation breaks down, like war zones and prison camps. It had no business in the homes of New York's elite. Mary had a secret which she never acknowledged. She was the first known asymptomatic carrier of the disease. In the pre-germ theory period in which Mary lived hand washing and sanitation were not common. Mary's condition, her job, and her refusal to take precautions against it would prove fatal.
The discovery of Mary's affliction was a long and strange journey. She was hired to cook for the family of a wealthy New York banker. She accompanied the family to a summer home they rented in the upscale Oyster Bay, New York. In less than a month six of the elven family members had contracted typhoid. This was exceedingly unusually for the upscale community. The landlord was aghast, fearing that he would no longer be able to rent a home tainted with the stigma of typhoid, so he hired a private investigator to exonerate the home. George Soper was a free lance sanitary engineer and an unlikely man to track down a disease, but he proved unrelenting. He tested every possible source in the home and eliminated any possible environmental factors. Mary was no longer there when he arrived having conveniently left soon after the outbreak began. Soper researched Mary's previous employers and determined that 7 of the 8 families she had worked for had outbreaks of typhoid, infecting at least 22 people, one of whom died. Mary was difficult to identify because she changed jobs frequently, often soon after outbreaks began. While looking for Mary, Soper heard about an active typhoid outbreak and literally found Mary preparing food in the home's kitchen. Soper accused Mary of spreading the disease and asked her to submit samples for testing. Mary attacked him with a carving fork. Mary refused to believe that she could be the source of the outbreak and would not stop working. Several more attempts to convince her, by Soper and the New York Board of Health, to get tested were all for naught.
As it turned out Mary's cooperation while desired was not required. Soper appealed to the New York Board of Health who arrested Mary as a public health threat. Mary ran from the police, escaping out a window and requiring a several hour man hunt to capture. It took five police officers to force Mary into the ambulance for a trip to the hospital. She apparently fought so hard that a police officer had to sit on her all the way to the hospital. She eventually was restrained until she agreed to submit to testing. Her samples contained massive amounts of typhoid bacteria despite her lack of any symptoms. Mary admitted during questioning that she almost never washed her hands even while cooking. With a diagnosis confirmed there was a problem. Mary was continually infectious but there was no cure for typhoid. Unlike other cases she did not get over the disease with time. It was speculated that the disease originated in her gallbladder and its removal could cure her (this was confirmed at her autopsy). She was offered her freedom if she agreed to have her gallbladder removed. Abdominal surgery in this era was dangerous and Mary, who claimed not to believe she was sick refused. It is important to note that Mary was not an educated woman and it is unclear how well her condition was explained to her. The concept of an asymptomatic carrier was revolutionary and not commonly known even within medical circles. Her denials quite possibly could have been genuine. Mary was subjected to testing three times a week and experimental treatments. When none of these steps showed an abatement in her condition, the Board of Health decided that she would become the newest inmate at North Brother Island. The island had first been used to quarantine smallpox patients but had expanded to hold any highly infectious patients. Like Mary most would die there.
During Mary's first confinement her case garnered a great deal of attention in the press and her immortal moniker was coined. Mary absolutely hated being called Typhoid Mary. Her only companion in the cottage was a fox terrier and there were many who sympathized with her situation. The publicity put pressure on the City and Mary used money raised on her behalf to hire a lawyer to fight her case (it has long been rumored that William Randolph Hurst whose papers profited so handsomely from the coverage of the case financed her defense). Her attorney George O'Neill filed a Writ of Habeas Corpus, arguing that Mary was being detained without having been charged, let alone convicted of a crime. The case made it to the New York Supreme Court. The Board of Health argued that the Mary was a public health menace and the Court, in a rare move, agreed allowing her indefinite confinement to continue. Unsuccessful in court Mary was freed when a new Commissioner of Health decided to release disease carriers like her. She had to execute an affidavit promising to no longer work as a cook as a condition of her release. That was a promise Mary had no intention of keeping.
In the domestic service world of the 1900's, a cook was a sought after and lucrative position. As a cook Mary had made $50 a month. After her release she was only able to get work as a laundress which only paid $20 dollars a month and was harder less prestigious work. After a few hard years Mary returned to cooking. Her hygiene habits had not improved in the intervening years. Mary's notoriety made it impossible for her to cook for New York's elite again, so she started lying about her name and working in hotels and hospitals. The results were predictable. Everywhere she went typhoid haunted her steps, but she changed jobs frequently and no one was putting it all together. Soper was called in to investigate an outbreak of typhoid at New York City's Sloane Hospital for Women. Twenty-five staff members had fallen ill and two died. Mary had already left by the time Soper arrived but her description and handwriting immediately put him back on her trail. She was arrested soon later.
Mary would not get a third chance. The public opinion that had once agitated for her release had turned sour. Breaking her word not to return to cooking was unforgivable in most eyes. Any sympathy she once garnered was gone. She would stay on the island, minus a few day trips, until her death 23 years later. This is striking because Mary's treatment was unique. By the time she was confined for the final time, more was known about asymptomatic carriers. Now that doctors knew what to look for it became clear that Mary was not unique. More than 400 asymptomatic carriers of typhoid had been identified by that time. None of these carriers were quarantined for life as Mary was (it was not usual for them to be quarantined at all). It is hard to say why. Certainly, Mary's stubborn refusal to take precautions and the subsequent infections it caused worked against her. She was undoubtedly not helped by her Irish birth, gender, socioeconomic status, or lack of friends and family. Mary's case stands out as a very unusual case where a Court justified what was essentially life in prison without charge or conviction. Mary was officially responsible for 53 infections and three deaths, although the true number of illnesses and deaths she caused is almost certainly higher. Modern understanding and medicine could have saved Mary and her victims. Mary's denial of her condition and Medicine's inability to cure her lead to nothing but a lifetime of isolation and recriminations.
|
|
|
|
Franklin County Bar Association
100 Lincoln Way East, Suite E, Chambersburg, PA 17201
director@franklinbar.org
717-267-2032
|
|
|
|
|
|
