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The Causeway
The Monthly Newsletter for the Franklin County Bar Association
July 2019
"The law is a causeway upon which, so long as he keeps to it, a citizen may walk safely" Robert Bolt, playwright
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FCBA Office & F.C. Law Library CLOSED for Independence Day - Thursday, July 4th
YLD Business Meeting - Friday, July 5th
YLD Happy Hour @ Roy-Pitz Brewing Company - Thursday, July 11th
YLD Game Night - Tuesday, July 16th
FCBA Board of Directors Meeting - Friday, July 19th
YLD Happy Hour @ GearHouse Brewing Company - Thursday, August 1st
YLD Business Meeting - Friday, August 2nd
YLD Game Night - Tuesday, August 20th
YLD Happy Hour @ Relax Lounge - Thursday, September 5th
YLD Business Meeting - Friday, September 6th
YLD Game Night - Tuesday, September 17th
FCBA Board of Directors Meeting - Friday, September 20th
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Book Sale to Benefit Legal Services
FCBA members Tony Cosentino, Krystal MacIntyre, and Phil Cosentino kick off the Book Sale with a Ribbon Cuting Ceremony
2019 - Thirty-Fifth
Annual
Book
Sale
The 2019 Book Sale raised $52,612.37! Thank you for supporting legal service in Franklin County.
Thank you to the book sale sponsors:
Platinum
DiLoreto, Cosentino & Bolinger
Gold
F&M Trust
M&T Bank
Orrstown Bank
Silver
Volvo
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Governor Wolf Recognizes FCBA member Jason Piatt's Public Service
GOVERNOR WOLF RECOGNIZES PIATT'S PUBLIC SERVICE
Criminal Prosecution and Defense of Pennsylvania State Police Sets Record
HARRISBURG, PENNSYLVANIA June 18, 2019 - Jason E. Piatt was recognized by Governor Wolf for his commitment to the Commonwealth of Pennsylvania. Mr. Piatt volunteered an unprecedented 1300 hours of time with the Pennsylvania Office of Attorney General and the Allegheny County District Attorney's Office while he was a law student at Duquesne University School of Law. While working for the Pennsylvania Office of Attorney General, Mr. Piatt defended Pennsylvania State Police troopers and Pennsylvania Department of Corrections officers in civil litigation alleging excessive force and constitutional rights violations. During his time with the Allegheny County District Attorney's Office, Mr. Piatt successfully contributed to the prosecution of homicides, narcotics trafficking, violent crimes, and other violations. He personally handled over sixty preliminary hearings, all with favorable outcomes for the Commonwealth. "Mr. Piatt proved himself to be hardworking, creative, and determined in the face of seemingly insurmountable challenges. He has represented the values and traditions of the Commonwealth with great distinction. His assistance in the defense of the Pennsylvania State Police and the Pennsylvania Department of Corrections was invaluable," said Governor Tom Wolf. Mr. Piatt's public service hours were record-setting in the Duquesne University School of Law's one-hundred-year history, eclipsing the prior record by over one thousand hours.
"Successful prosecutions of criminal cases largely depend on the efforts of the dedicated prosecutors who work together with law enforcement officers to ensure that justice will be served. Also, of considerable importance are the efforts of those dedicated attorneys who represent law enforcement agencies in civil cases to defend the agencies in these legal proceedings," said Pennsylvania State Police Captain (ret.) Sheldon Epstein. "Jason Piatt has distinguished himself through his 1,300 volunteer hours and his efforts have contributed to the achievement of successful results in numerous cases."
Mr. Piatt's efforts were previously recognized by Letters of Commendation from the Pennsylvania State Police and the Pennsylvania Office of Attorney General. Additionally, he was recognized with the "Distinguished Service Award for Pro Bono and Public Service" by Duquesne University School of Law and was named Law Student of the Year in 2016 by the Allegheny County Bar Association.
Post-law school, Mr. Piatt continues to support law enforcement and other first responders by volunteering with Wills for Heroes. Additionally, he is currently donating his time as lead attorney of a case before the U.S. Court of Appeals for Veterans Claims on behalf of the widow of a veteran of both World War II and Korea.
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Naturalization Ceremony in Franklin County
Franklin County hosted the first naturalization ceremony in 19 years in June. 27 people became U.S. citizens at the ceremony. The Court plans to have a ceremony next year in June.
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Phil Cosentino and Gloria Keener are pictured with Miuris Mendez and her son Asiel Cedeno. Franklin County Legal Services represented Miuris in her naturalization.
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Read more about the ceremony and watch a short video HERE.
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Attorney Position Opening at Franklin County Legal Services
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, in-person screening and advice sessions for potential clients.
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;
- 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
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Way To Go!!
What an incredible year for the Race Against Poverty! Many thanks to each of you who came out to support this important work in the community. Whether you are a sponsor, a vendor, a participant, or you came to cheer on a friend or loved one, we greatly appreciate your support.
This year was the largest year to date, with
762 participants!
Together we raised
$30,000!!!
What an AMAZING group you all are! THANK YOU.
RUN or WALK to FIGHT POVERTY. #RAP5k
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Save the Date:
Judge Van Horn's Party
September 27, 2019
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Questions for Judges Due August 15th, 2019
Do you have a question for our judges?
Is there a topic you want to know more about?
The judges of the 39th Judicial District will be hosting a panel discussion at the Bench Bar Conference held on October 11th, 2019. More information about the conference is forthcoming. Please submit your questions and/or areas to be discussed to Amelia Ambrose director@franklinbar.org or Clint Barkdoll clint@kullalaw.com by August 15th, 2019.
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2019-2020 Annual Registration Changes
Late Fee Changes
By Order dated February 25, 2019, the Supreme Court of Pennsylvania amended
Rule 219(f) of the Pennsylvania Rules of Disciplinary Enforcement to alter the dates by which an attorney must complete the annual registration requirement to avoid the assessment of non-waivable late payment penalties.
Commencing with 2019-2020 annual registration, a new registration timeline is in effect.
Annual attorney registration opens on or before May 15 and is due July 1 each year. An attorney must complete registration
on or before July 16 to avoid the assessment of the first non-waivable late payment penalty; and an attorney must complete registration
on or before August 1 to avoid assessment of the second non-waivable late payment penalty.
After the assessment of the second late penalty, the list of remaining un-registered attorneys will be certified to the Supreme Court for administrative suspension.
With registration now mandatorily electronic, the efficiency of processing registrations and payments has significantly increased making a prolonged registration period unnecessary. Pursuant to yearly registration statistics, the majority of attorneys (over 95%) complete annual registration timely and without penalty. The previous registration timeline was created when registration was completed solely by paper; the processing of 70,000+ paper registration forms being quite time consuming.
Succession Planning Section
Succession planning is essential to every attorney's practice. Recognizing that the future is unpredictable, attorneys should strive to lessen the impact of unexpected interruption in their relationships with clients by taking protective measures.
An additional section regarding succession planning will be on the registration form starting this year. The section will require you to indicate whether you have or have not designated a successor. Although you are required to provide a response in this section, failure to have a designated successor is NOT a violation of the Rules of Professional Conduct or the Pennsylvania Rules of Disciplinary Enforcement.
We believe by asking the question and sparking dialogue in the profession, perhaps we can address the concern that exists nationwide. For more information on this topic, please review the thoughtful article previously presented by Disciplinary Board Member Dion G. Rassias
here.
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Save the Date:
Bench Bar Conference October 11, 2019
The Bench Bar conference will be held at the Eisenhower Hotel & Conference Center, which is being remodeled this summer. The Eisenhower is conveniently located near route 15 in Gettysburg, PA.
Our committee is busy scheduling fantastic speakers with quality topics for conference. You don't want to miss it!
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Lunch & Learn Series on Immigration
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Lunch & Learn
INTRODUCTION TO EMPLOYMENT IMMIGRATION II: IMMIGRANT VISAS
FCBA Office
Wednesday, July 24th
11:30 a.m. - 1 p.m.
1 CLE substantive credit
FCBA Member cost: $25
Non-member cost: $35
Member's staff/law clerk:$10
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INTRODUCTION TO EMPLOYMENT IMMIGRATION II: IMMIGRANT VISAS
Session 5 will provide participants with an introduction to the process by which a noncitizen can obtain a green card based on employment. The session will discuss how an employer petitions for an employee as well as the avenues available for a person to file for a green card without an employer. The role of the Department of Labor will also be discussed.
Introduction to Immigration Continuing Legal Education Series
Have you considered adding immigration law to your practice or simply interested in learning more about this hot topic? The Introduction to Immigration CLE Series will provide you with a basic understanding of immigration law and is intended for practitioners who have no or very little immigration law experience. Immigration law is a complex topic. This CLE series will provide the basic groundwork to assist someone in starting to learn the various components of the system. The following are a list of sessions with brief descriptions:
- Introduction to Immigration: What do all these acronyms mean?
- Session 1 will focus on laying the groundwork necessary to understand the various aspects of immigration with a specific focus on providing background on all of the terms and acronyms used within immigration.
- session 1 is available online for $30 @ Axom Education
- Introduction to Family Immigration: My family member is a U.S. citizen, what do I do?
- Session 2 will look at basic family immigration cases including the petition process and adjustment of status versus consular processing.
- session 2 is available online for $30 @ Axom Education
- Introduction to Naturalization: Basics of Applying for Citizenship
- Session 3 will introduce you to the naturalization process. It will help you to identify issues that may cause problems for someone in their naturalization process.
- session 3 is available online for $30 @ Axom Education
- Introduction to Employment Immigration I: Nonimmigrant Visas
- Session 4 will look at temporary visas like student visas where the person is coming for a specific purpose with plans to return to their home country.
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- Introduction to Employment Immigration II: Immigrant Visas
- Session 5 will discuss the process an employer must do in order to petition for a green card for an employee.
- Introduction to Special Immigrant Juvenile Status: Custody and Unaccompanied Minors
- Session 6 will provide information for situations when custody and immigration meet for children who entered or attempted to enter the U.S. without a parent or guardian.
- Introduction to Crimmigration: Will that criminal conviction make my client removable?
- Session 7 will focus on the cross section between criminal law and immigration and with a specific focus on evaluating the immigration impact of a criminal conviction.
- Introduction to Humanitarian Immigration: Asylum, VAWA, and Visas for Victims of Crimes
- Session 8 will discuss the various types of visas and immigration process for those seeking protection whether that protection be from persecution, domestic violence, or because the person was a victim of a crime.
Our facilitator: Brittany Henderson is an Attorney with Franklin County Legal Services. Prior to joining Franklin County Legal Services, Ms. Henderson worked for a nonprofit organization in West Virginia providing immigration legal services to low-income immigrants and their families. She also worked with refugees resettling in the state. She previously worked for the American Immigration Lawyers Association (AILA) and for Congressman Luis V. Gutierrez as an immigration fellow. Ms. Henderson graduated from the University of Miami School of Law in 2012 with her law degree and a Masters of Law in international law. In law school, she participated in the Immigration Clinic where she argued in front of the Eleventh Circuit Court of Appeals, interned with the Miami Immigration Court, and interned with an immigration legal services nonprofit that serves unaccompanied immigrant minors. Prior to law school, Ms. Henderson attended Shepherd University where she majored in Political Science and Spanish. Ms. Henderson is a member of AILA and is fluent in Spanish. She is admitted to practice in Pennsylvania, West Virginia, and New York.
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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
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Press Releases, Memos and Important Notices
39th Judicial Announcement - Support Master
The Franklin County Court of Common Pleas is seeking a qualified candidate to fill the position of Support Master. A qualified candidate must possess a current license to practice law in the Commonwealth of Pennsylvania, have a minimum of three to five years of experience in the area of family law, and have good oral and written communication skills. As this position is quasi-judicial in nature, the individual selected will be subject to the requirements of the Code of Judicial Conduct and will be precluded from practicing family law within the 39th Judicial District. Letters of interest and accompanying resumes should be submitted to Mark Singer, District Court Administrator, not later than Friday, July 19, 2019. Additional information, including a complete position description, may be obtained by contacting Teresa Anthony, Director of the Franklin County Domestic Relations Section.
Mark Singer
District Court Administrator
39
th
Judicial District
157 Lincoln Way East
Chambersburg, PA 17201
msinger@franklincountypa.gov
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Franklin County, PA is seeking to contract with an attorney to serve as the Juvenile Public Defender to represent juveniles charged with delinquent acts in Franklin County, PA. Read MORE HERE.
The Administrative Office of the Pennsylvania Courts (AOPC) is offering a series of online 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.
These online workshops are conducted through WebEx. Registration is required.
You are welcome to attend any session that fits your schedule.
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Upcoming PBI CLEs at FCBA
Please call PBI at 1-800-932-4637 for more information.
Tuesday, July 9: The Best Retirement and Estate Plans for Attorneys 2019, Live via Simulcast, 5 substantive & 1 ethics credits. click here for more information and to register
Tuesday, July 9: Best Practices: The Well-Prepared Workers' Compensation Lawyer 2019, CLE Video Replay, 2 substantive & 1 ethics credits. click here for more information and to register
Thursday, July 11: Construction Contract Drafting for Owners, Developers & Tenants 2019, Live via Simulcast, 3 substantive & 0 ethics credits. click here for more information and to register
Thursday, July 11: Clean Slate CLE March 2019, CLE Video Replay, 1 substantive & 1 ethics credits. click here for more information and to register
Tuesday, July 16: Real Estate Agent & Broker Liability 2019, Live via Simulcast, 2 substantive & 1 ethics credits. click here for more information and to register
Wednesday, July 17: Maximizing the Outcome of Personal Injury Cases 2019, Live via Simulcast, 4 substantive & 0 ethics credits. click here for more information and to register
Thursday, July 18: Advanced Contract Clauses 2019, Live via Simulcast, 4 substantive & 0 ethics credits. click here for more information and to register
Monday, July 22: U.S. Supreme Court Roundup 2019, Live via Simulcast, 4 substantive & 0 ethics credits. click here for more information and to register
Tuesday, July 23: Kids in Cyberspace 2019, Live via Simulcast, 5 substantive & 1 ethics credits. click here for more information and to register
Thursday, August 15: Advising the Closely Held or Family Owned Business 2019, Live via Simulcast, 4 substantive & 0 ethics credits. Please call PBI at 1-800-932-4637 for more information.
Thursday, August 15: Municipal Law Colloquium 2019, CLE Video Replay, 5 substantive & 1 ethics credits. click here for more information and to register
Friday, August 16: Transitioning into Medicare 2019, Live via Simulcast, 4 substantive & 0 ethics credits. click here for more information and to register
Tuesday, August 20: A Day on Contracts 2019, Live via Simulcast, 5 substantive & 1 ethics credits. Please call PBI at 1-800-932-4637 for more information.
Tuesday, August 20: An Attorney's Guide to Managing a Paperless Office 2019, CLE Video Replay, 5 substantive & 1 ethics credits. click here for more information and to register
Wednesday, August 21: Solving Drivers Licensing Issues 2019, Live via Simulcast, 5 substantive & 1 ethics credits. click here for more information and to register
Thursday, August 22: Animal Law Conference 2019, Live via Simulcast, 6 substantive & 0 ethics credits. click here for more information and to register
Friday, August 23: Drafting Legal Opinion Letters 2019, Live via Simulcast, 3 substantive & 0 ethics credits. click here for more information and to register
Tuesday, August 27: Powerful Witness Preparation 2019, Live via Simulcast, 5 substantive & 1 ethics credits. click here for more information and to register
Thursday, August 29: A Spotlight on Ethics 2019, Live via Simulcast, 0 substantive & 6 ethics credits. click here for more information and to register
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Member News
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The Law Offices of Women in Need has moved.
Effective immediately, the new address is:
455 Lincoln Way East, Suite B
Chambersburg, PA 17201
As a reminder, the Law Offices of WIN's Courthouse mailbox is located in the "N" section and labeled as: Neiderer / Massini / Law Offices of WIN.
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Griffie & Associates, P.C. law firm, with offices in Carlisle and Chambersburg, is seeking an associate with three or more years of family law experience. Our practice includes working from both offices and in all counties throughout South Central Pennsylvania. Our firm is looking for a motivated individual who is willing to expand on their experience in the family law field and develop a full caseload over which they will work autonomously. Salary and benefits negotiable and commensurate with experience. Email or mail resumes to Robin at
rbassett@griffielaw.com
or 396 Alexander Springs Road, Suite # 1, Carlisle, PA 17015.
Applicant information will be held in the strictest confidence.
Job Type: Full-time
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Join the FCBA Newsletter Committee! We are seeking 1-2 members to write articles and conduct interviews for Coffee Corner.
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Coffee Corner
"Coffee Corner" is a periodic column in The Causeway by Bar members Annie Gómez Shockey, Brandon Copeland and Nikki Sipe.
by Brandon Copeland
Socrates: A Fatal Method
The year is 399 BCE and a seventy year old man looks into the simple cup that he has been presented by his jailer. Athenian law demands that he drink the contents of the cup with the full knowledge of what is inside. And despite what his two friends accounts say, death by hemlock poisoning is not a peaceful and dignified death. When the man drinks the poison he will become nervous, his body will tremble, and the muscles of his heart and diaphragm will slowly stop working. The man professes no fear about this and in many ways seems to have sought this end. He is unapologetic to the last and seems to feel that in dying he may offer one last service to Athens. He refuses several offers to assist in his escape so that he might live on in exile. After saying his prayers and goodbyes to his close friends, including Xenophon and Plato, he drinks the bitter liquid all at once. The man's name is Socrates and within the hour he will be dead.
No lawyer can fail to recognize the Socratic Method all were subjected to in law school with varying degrees of terror and discomfort. One would hope most of those lawyers recognize that its namesake was an Athenian philosopher, whose trial is one of the earliest and best accounts of trial by jury that survives from the ancient world. Many can tell you that he was forced to drink hemlock. But few can tell you why or much at all about who Socrates really was. The real Socrates is a very complex, brilliant, and deeply unpopular man.
None of Socrates's original works survived antiquity but we know of his method and ideas through the teachings of his students, most importantly Plato. Socrates was a genius who enjoyed going around questioning all those he would meet in Athens. He took great pleasure in trying to reveal truth through this type of questioning that often humiliated the targets of his questions. Tact was apparently not a quality he possessed in abundance. Plato refers to Socrates as Athens's Gadfly, an annoying and biting insect.
He developed a strong following among the young men of Athens, a reputation as a skilled teacher, and a great deal of enemies. His teachings were all the more unpopular in democratic Athens because they were antidemocratic. He hated democratic rule by the mob and often praised Sparta, a monarchy that was the Athenian's archrivals. Twice during Socrates's long life Athenian Democracy was temporarily overthrown. Both times it was by students of Socrates, namely Alcibiades and Critias that lead the revolts. Critias in particular lead a group known as the Thirty Tyrants that executed more than 1,500 prominent prodemocracy in a reign of terror backed by Sparta. This was less than 5 years prior to Socrates trial. Although Socrates took no direct part in the revolts he also took no steps to resist them or aid the persecuted. Many blamed Socrates for his pupil's crimes especially after he resumed his antidemocratic teachings after democracy was restored.
The stage for his trial was set when Socrates was publically accused of impiety and corrupting the youth of the city. Essentially the impiety charge boiled down to failing to acknowledge the gods of Athens and trying to introduce other foreign and strange gods to Athens. These charges were both vague and possibly hiding the real reason for the trial; Socrates's association with the bloody antidemocratic 30 Tyrants. Five hundred males, over 30 years of age, are chosen by lot from among Athens's free citizens to serve as the jury. The Prosecution was led by three private individuals, Meletus, Anytus, and Lycon. Athenian law granted them three hours to present their case and then gave Socrates three hours to present his defense. Socrates remains defiant throughout the case and is reported to have turned all of his accusers questions upon them rather than denying any of the charges against him. It was usual for Athenian defendant's to plead for mercy even parading, wives and children before the jury for sympathy; but Socrates refused to invite sympathy.
The jury casts their votes by placing a small clay disk into one of two urns. The men are not permitted to deliberate prior to voting. When the votes are counted, two hundred and eighty members of the jury have voted to convict Socrates. Without pause the penalty stage of the trial begins. The crimes Socrates has been convicted of are considered very serious. Both the accusers and the convicted have the opportunity, to propose the most appropriate punishment, for the jury to consider. His accusers insist on a sentence of death. By Athenian custom if Socrates had offered exile as his punishment it almost certainly would have been accepted. Instead Socrates infuriates the jury, by suggesting or perhaps joking, that instead of punishment he should receive a meal each day at public expense for his great contributions to Athens. When pushed he offered instead to pay a fine equal to about 1/5 of his wealth. His friends and students, likely reading the room, agreed to up the fine by about thirty times out of their own funds in an effort to save him. Their efforts were to no avail. Three hundred and sixty jurors voted to condemn Socrates to die. There is no appeal. Plato quotes Socrates as saying to the jury after his sentencing, "the hour of departure has arrived, and we go our ways--I to die, and you to live. Which to the better fate is known only to God."
If the accounts of the trial are to be believed Socrates did not seem to want to win. He lectured and inflamed the jury rather than attempting to persuade. He refused every offer of aid and chance for salvation. Perhaps he preferred to die a martyr for his beliefs then to continue to suffer the indignities of old age. We will likely never know through the fog of so many years of history. More than two and a half centuries after his death, the Socratic Method has lived in classrooms throughout the world. Socrates was damned because of how two of his most famous pupils put his lessons in to practice. Any law student embarrassed and scared by Socratic questioning, may gain some small measure of comfort, by remembering that its creator suffered far worse than they for his teachings.
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Franklin County Bar Association
100 Lincoln Way East, Suite E, Chambersburg, PA 17201
director@franklinbar.org
717-267-2032
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