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The Causeway
The Monthly Newsletter for the Franklin County Bar Association
October 2020
"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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Proposed Bylaw Changes for FCBA
Last week, we emailed members a letter from FCBA president AJ Benchoff concerning the proposed bylaws change. You can read the letter and proposed bylaws by clicking HERE.
We are hosting two open forums to discuss this proposal. Please join us via zoom.
Open Forums
Monday, October 19, 2020, 12 - 1 p.m.
Tuesday, October 20, 2020, 12 - 1 p.m.
Join Zoom Meeting
Meeting ID: 830 4147 2796
Passcode: 042232
One tap mobile
+13017158592,,83041472796#,,,,,,0#,,042232# US (Germantown)
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FCBA's Young Lawyers Division Continued its Tradition of Supporting the American Heart Association's Heartwalk
This year's YLD team was led by YLD Chair, Cayla Amsley-Mummert. The team raised over $1100 meeting its 2020 goal. Since 2008, the FCBA YLD has raised over $20,000 for the care and prevention of heart disease.
pictured: Cayla Amsley-Mummert, Eric Weisbrod, Kristen Hamilton, Emma Hamilton, and Maggie the puppy
The Mason-Dixon Heartwalk was held as a virtual event this year. Our YLD team walked at Antrim Township Park together as a socially distanced team.
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Guardianship Tracking System Workshops
Please see below for a brochure regarding the next round of GTS Guardian Workshops for court-appointed guardians. This series offers sessions in October, November and December.
Guardians who participated in any of the prior workshop/webinar sessions will not need to attend since the material being presented is essentially the same. This series is again being offered exclusively as 'Online Workshops'. The online webinars have been very successful and convenient for the guardians since various dates and times are being offered to accommodate their schedules, and also travel is not required.
The guardians will need to register online so that the trainers can appropriately plan and staff the sessions based on the number expected to participate.
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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 Would you like to receive your Legal Journal via Email?
During the judicial emergency, we had been emailing members who have mailboxes at the Franklin County Courthouse their weekly copy of the Franklin County Legal Journal. Last week the mailboxes reopened and we resumed Courthouse delivery.
Based on feedback from our members we are now offering email delivery to legal journal subscribers. Emails are being offered at no additional cost. Some or all of the attorneys in your firm may elect to receive legal journals via email, if you are a subscriber. The Franklin County Legal Journal is a weekly publication, with annual subscriptions running from July-June. The annual subscription cost is $35 per firm, regardless of which delivery option you choose.
You may select these legal journal delivery options:
- email only
- email + print (legal journal will be mailed to your office or delivered to your Courthouse mailbox)
- print only (legal journal will be mailed to your office or delivered to your Courthouse mailbox)
Everyone's default delivery option is print only. Please let us know if you would prefer to receive your weekly legal journal via email.
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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.
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Press Releases, Memos and Important Notices
39th Judicial Memos and Information
Message from Linda Miller, Register & Recorder:
In an effort to keep providing good customer service, we have made the decision to continue probating estates by appointment only. This way we can have the necessary staff and resources available to assist with the paperwork and be available to answer any questions that may arise. Thank you for your assistance in this matter.
LINDA MILLER
Franklin County
Register & Recorder
157 Lincoln Way East
Chambersburg, Pa 17201
717 261-3875
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
PBA's COVID-19 Resources Guide for Lawyers
Registration is now open for the upcoming diversity and inclusion event developed by the PBA Minority Bar Committee with the collaboration of the Montgomery Bar Association. The Virtual Diversity Summit will be held on October 7, 2020 and will offer 6.5 CLE credits. A flyer is attached with session descriptions. A virtual happy hour will follow the closing session with the Honorable Juan R. Sánchez, Chief Judge of the Eastern District of PA and PBA President, David Schwager.
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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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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
The Trial of the Maid of Orléans
The date is May 30, 1431, and a nineteen-year-old woman is awakened by her jailers in the Royal Castle in Rouen, France. She is an ill woman, whose hair was shaved by her captors four days before. She is forced to put on the dress she has so long resisted wearing. She is visited for the first time in months by a confessor to absolve her of her sins and ask her to repent. Her relief at receiving the absolution she has so long craved is quickly soured by the news that this is the day she will die. A placard decries her as a relapsed heretic, apostate, and idolater. Her captors lead her to an open cart that conducts her to the town's market square. The woman still has hope that her allies and her God have not deserted her. Despite her hopes there will be no last-minute rescue or reprieve.
More than 10,000 spectators have gathered in the town square to watch the women die. Three great scaffolds were erected in the square. One contains a representative of the English King and many high prelates of the Church. The second holds the notables of the Court whose verdict is about to be carried out. The last contain a wooden huge wooden stake with a large pile of wood at its base. It is important to the woman's captors that as many people as possible can see her die lest rumors of a miraculous escape emerge. She is led to the scaffold and secured to the stake. She remains calm and is defiant when asked to repent of her crimes. A priest harangues the crowd with her alleged sins. In response she asks those assembled to pray for her. One friar, moved by her plight, holds a cross before her eyes so she will have something to focus on during what is to come. History remembers the women as Joan of Arc, and she is about to burn as a heretic.
Joan of Arc is a singular figure of her time. We know more about her then almost any other 15th century figure despite her humble origins. She rose from obscurity to become one of the most important figures of the Hundred Years War and would forever change French and English history.
To understand her importance some context about the Hundred Years War is necessary. The war began when, as a result of dynastic oddities, the English King had a better claim to the French Throne then any Frenchman. Understandably most of France was not eager to be ruled by their hated rival. This led to 116 years of intermittent conflict that for the most part had been disastrous for the French. The war had raged for more than three quarters of a century when Joan was born. A state of civil war existed, between two French factions claiming the throne, the Burgundians, and the Armagnacs. The French King, Charles VI, was intermittently incapacitated by bouts of insanity and the factions fought for control of the counsel that ruled in his name. While the civil war was ongoing Henry V of England invaded France and destroyed the flower of French chivalry at the Battle of Agincourt. The defeat did nothing to bring the factions together. At a parlay meant to bring peace, the French heir apparent, the Dauphin Charles VII, who led the Armagnacs, had the leader of the Burgundians murdered. The Burgundians then allied with the English, and the French king and Queen disinherited their son. Henry V was named the heir to the thrown of France and married a French Princess.
Unfortunately for England and possibly France, Henry V died less then a year later and Charles VI followed him by two months. The Burgundians were left with Henry VI who was nine months old and the Armagnacs were left with the disinherited Charles VII (the Armagnacs never acknowledged this as legally binding). Both had a problem. A king of France must be at least 15 and crowned in the Cathedral of Reims. Charles VII was old enough, but the Burgundians controlled Reims, but their claimant was an infant. Both sides declared their claimant King, but neither could be secure until crowned.
Joan was born in the small French town of Domrémy, on January 6, 1412, to a prosperous peasant family. Joan was an intelligent but illiterate girl. Her most notable trait early in life was extreme piety. That all changed when she was 13, and the voices of Angels and Saints began to speak to her. I will not, as many historians do, attempt to diagnose Joan with any number of pathologies that explain her visions. Divine visions were a widely accepted part of Catholic theology at the time. There is no evidence that even her enemies thought she was insane. It is enough to say that she believed in her visons and others believed in them as well. Joan heard the voices of Archangel Michael, St. Margaret, and St. Catherine of Alexandria. Early in life they told her to go to church and live a pious life. When she turned 16 that changed. She was now commanded to relive the Siege of Orléans and crown Charles VII as king. She pled that she was just a simple peasant girl with no knowledge of war, but the voices insisted that it would be possible if she had faith.
Joan would present herself before Charles and after months of examination and questioning it was decided that she was genuine. This included an exam to proving her virginity, because it was widely known at the time that only virgin women could receive divine messages (in life Joan most commonly went by "The Maid"). Joan promised that God was with Charles and that if he gave her an army, she would give him victory and a crown. The Armagnacs were desperate and decided to send Joan to the Siege of Orléans at the head of a relief force. Joan was given a suit of plate armor, a holy sword, a magnificent war horse, and a banner with her personal symbols and those of Charles. The important city of Orléans had been under siege for six months and the situation was thought to be hopeless. With Joan at its head the relief force broke the siege in less than a week. Joan's reputation was secured, and it was widely believed that her victory was a sign of God's favor on Charles's claim to the Throne. In the weeks that followed Joan would lead the French to several victories and her reputation alone convinced several English and Burgundian garrisons to surrender. Joan cleared the way to Reims and Charles was crowned king on July 17, 1429. Joan had accomplished her mission, but now the voices had a new command. Drive the English out of France. This would prove to be a bridge too far.
Joan began to meet with failure when she attempted to take Paris, which was in Burgundian hands. She was wounded leading an assault which failed dismally. Charles called off efforts to take the city. People began to whisper whether she really had God's favor. Why had she failed when before she had known only success. She fumed as she healed. Desperate to achieve her mission, she jumped at the chance to relieve the siege of Compiègne. Leading from the front as always, on May 23, 1430, she was dismounted and captured by the Burgundians. She was then sold to the English, whom she had so often humiliated, for the princely sum of 10,000 livre. The English were eager to humble Joan, discredit her, and by doing so discredit Charles VII's claim to the throne.
The English turned Joan over to a French Ecclesiastical Court in Rouen overseen by Bishop Pierre Cauchon. While initially charged with over 70 counts, little evidence was found to support more than a few charges. This again included an examination of Joan's virginity, which was confirmed much to the indignation of her captors. The most serious charges would prove to be: failing to acknowledge the authority of the Church, wearing men's clothing, and heresy. Heresy is having nonstandard religious beliefs that one refuses to recant when corrected. Any of these could be capital crimes in 15th century France (yes, even wearing men's clothes, which is forbidden by the Old Testament, and thus is heresy).
This was never going to be a fair court because too much was at stake and the English and Burgundians had too much to gain. It was however important that it appear to be fair because everyone expected a biased court. Three master notaries took down every word that was said throughout the hearing in an attempt prove the trial's legitimacy (multiple copies of the original transcripts survive). The Bishop collected a jury of the most learned prelates (or at least those who were sympathetic to his faction) to hear Joan's beliefs and determine if she was a heretic.
Since this was an ecclesiastical trial, Joan should have been held in the custody of the Church and guarded by nuns (it was highly improper for a woman to be alone with any man not of her family). This protection was denied to Joan and she was left under guard by the English she had repeatedly humiliated. During her captivity she repeatedly had to fight off sexual assaults by her guards. When questioned by the Court as to why she insisted on wearing men's clothing, she said she must while surrounded by men. If she were guarded by women as she should have been, she would wear women's clothing. Cross dressing was shocking by the standards of the day although acceptable under Cannon Law if it was done out of necessity. Men's clothing of the time, which was literally tied in place, was far better protection against unwanted assaults then the dress her accusers insisted she wear.
From the beginning of the trial Joan was defiant and sparred with her inquisitors. She was denied counsel and would be the only witness. She was expected to defend her beliefs against more then 20 experts in Cannon Law. Her only religious training was what she had picked up as a devout Catholic. Joan refused to acknowledge the authority of the Court because of their bias. Time and again her accusers carefully laid theological traps for her. To their amazement she evaded these traps showing a command of Catholic theology one would not have expected of such a young woman lacking education. The one issue that she refused to talk about was her voices. This was dangerous ground as she was not as well versed on Catholic beliefs about divine messages and she believed she should not have to reveal her revelations. She clearly drew strength from the audience observing the trial, so the examinations were moved to her jail cell. This went on for months and they could not trip her up. But the experience was beginning to weigh on her. Joan was not a healthy woman. She had been seriously wounded in battle three times and again while leaping from a tower trying to escape. Her confinement only made her condition worse. She grew so ill that it was feared she might die of natural causes.
This was unhappy state of affairs for all involved. If she died without being convicted her captors would not get the vindication, they sought and at worst might martyr her. For Joan, who had been denied confession for months, ostensibly because she was wearing men's clothes, death without confession would mean damnation. This fear would be used against her. At first, she was brought before the castle's torturer and shown the implements of torture. She held her nerve and dared her captors to torture her and face God's vengeance. Ultimately, they did not torture her likely out of fear she would not survive the process. Finally, though she began to talk about the messages she received. It would prove a fatal error. She said that she had seen the Angel and Saints as if they were flesh and blood. This contradicted Catholic doctrine that angels and Saints were beings of pure spirit with no corporal body. It was Heresy.
Joan was taken to a scaffold without being confessed. Before her was the stake and pyre. She was told that if she did not recant her heresy she would be burned immediately. This was too much. Joan agreed to recant if she would be given the right to confess and hear Mass. She had to deny that she had received messages from the Divine. She was also told that she would be turned over to church custody where at least she would be safe. Joan's confession was an unwelcome surprise for the Court. They had expected her to refuse to recant to the end. If this were truly about heresy, they would have been overjoyed. The point of heresy trials is to return the wayward person to the proper path. But you cannot execute a repentant heretic. A list of allegations was drawn up and the illiterate Joan was made to sign. It would become clear later that what she had signed was not explained to her. Rather then death Joan would do penance of life in prison. Her head was shaved, she was made to change into a dress, and then, much to her horror, she was returned to the English to begin her captivity.
Four days later Pierre Cauchon was summoned to Joan's cell by the English. She was agitated and again dressed in men's clothes. There are two versions of why, neither of which is pleasant. One account has it that an English noble man tried to assault Joan and after fighting him off she resumed wearing men's clothing for protection. The other is that the English guards stripped her of her dress and left her with nothing to wear but men's clothes. The English were not satisfied with a half victory in Court and would see her die at any cost; she was too dangerous to live. Joan again told the Bishop that she had to wear the clothes for her protection. She also recanted her confession, made under duress, that she had not heard messages from God. She was clearly agitated that abjuring these divine messengers might have imperiled her soul. The Court was overjoyed. While you cannot burn a repentant heretic, a relapsed heretic can expect no such mercy. The only sentence the Court ever intended to pass now came to be; Joan would burn the next day. The Church was forbidden to execute anyone personally but had no qualms about turning her over to English to accomplish that end.
Her enemies had hoped that Joan might make a spectacle of herself in her final moments or better yet condemn King Charles VII for failing to come to her aid. They were disappointed. All but her most virulent enemies were moved by how Joan faced death. Joan forgave her King and blamed the English for killing her. She prayed and called out to Jesus as the flames consumed her. Her body was burned 3 times and the ashes thrown into the River Seine to deny her a grave or any relics for her followers. The killing backfired for the English. Joan became a national hero of France and the war continued to turn against them. It would take twenty-one years, but the English would be driven almost completely from France and Charles VII's crown was made safe.
While Charles VII could not rescue Joan in life, he did better after her death. The King asked renowned theologian Guillaume Bouille to investigate the trial. This investigation was as politically motivated as the last, anxious to vindicate the women who had helped cement his claim to the throne. Bouille interviewed hundreds of witnesses who knew Joan and many who participated in the trial. Eventually Pope Calixtus II, ordered a retrial under pressure from the French. The trial was quick to point out a litany of wrongs done by the original court and witnesses sung the praises of Joan. The original judgment was vacated, and a cross ordered erected where Joan was burned. The Catholic Church though was far from done with Joan. Ironically, after trying so hard to discredit and kill her, the Church declared Joan of Arc a Saint in 1920. She remains one of the most generally recognized and beloved figures of the 15th Century. Her trial stands as a cautionary tale for what happens when political expediency corrupts the halls of justice.
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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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