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The Causeway
The Monthly Newsletter for the Franklin County Bar Association
June, 2017
"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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We hope you enjoy the new, streamlined, mobile-friendly format.
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YLD Host Law Day in Courtroom One
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| Nicole Sipe welcomes the 8th graders |
The Young Lawyers Division of the Franklin County Bar Association celebrated Law Day with a Mock Trial for county youth.
Over 110 eighth-grade students from Franklin County schools attended the event, hosted Friday, May 5th in Courtroom 1 of the Franklin County Courthouse. Students from Chambersburg Area Middle Schools (North and South), Waynesboro Area Middle School, Greencastle Antrim Middle School, and James Buchanan Middle School were in attendance. Members of the Young Lawyers Division served as the prosecution, defense, and witnesses, with students serving as the jury during the mock trial. The Honorable Todd Sponseller presided.
The theme for Law Day 2017 was "The 14th Amendment: Civil Rights in America". Students had the opportunity to participate in a poster contest about this year's theme. The posters were judged on
the following criteria: Accurate Representation of the Theme, Creativity, and Visual Appeal. This year's winners are 3rd place Ainslee Ackerman (CAMS North), 2nd place Genevieve Kuhns (CAMS North), and 1st place Kace Dorty (JBMS).
"The members of our Young Lawyers Division truly enjoy hosting the annual Law Day event. It gives us an opportunity to share our knowledge and our passion for the law. This year, the students learned about the different clauses of the 14th Amendment and how the 14th Amendment helped shape our country. The students also got to watch a mock trial that more closely resembles actual court proceedings than what they have generally been exposed to, such as on television. I have had the honor of being the Law Day Chair of the Young Lawyers Division for three years. Each year, I am pleased with how interested and engaged the students are during our presentation," stated Nicole Sipe, Chair of the Young Lawyers Division and Law Day Chair.
"Franklin County looks forward to hosting this event annually and it is always encouraging to see the active participation of area students. It is a unique opportunity for students to witness and engage in the legal system and our Young Lawyers do a great job of conveying both the duty and privilege of civic involvement." said FCBA President, Mary Beth Shank.
Law Day was originally the idea of Charles S. Rhyne, who was the legal counsel for President Dwight Eisenhower, as well as the president of the American Bar Association from 1957-1958. In 1958, President Eisenhower declared May 1st as 'Law Day' to remember the struggles of workers in their fight for better wages and working conditions.
In its present day, Law Day is designed to educate people of all ages about the Legal System and to celebrate the American heritage of liberty, justice, and equality.
Pennsylvania takes a slightly different approach by focusing on civic education for children. Some county Bar Associations utilize classroom visits and law-related lesson plans to educate children about their legal rights and responsibilities. In Franklin County, the Young Lawyers Division puts on the Mock Trial yearly.
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| Nicole Sipe presents 14th Amendment information to the 8th graders |
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| Judge Sponseller discusses the right to trial by jury |
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| David Erhard opens for the Commonwealth |
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| Nichole Vito opens for the defense |
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| Brandon Copeland takes the witness stand for the prosecution |
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| Bridget Fitzpatrick is the second prosecution witness |
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| Rosby Carr cross-examines the witnesses |
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| David Erhard cross-examines the Nicole Sipe, witness for the defense |
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| Rosby Carr questions the defendant Zach Rounceville |
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| Rosby Carr closes for the defense |
The jurors made up of 8th graders determined that the defendant was guilty of one of the charges, but acquitted of 2 other charges. The YLD members did a great job putting on am informative mock trial for Law Day.
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Angle Education Trust Scholarship/Loan
Notice is hereby given that applications are being accepted for the Angle Education Trust Scholarship/Loan, which is awarded to young persons from Franklin County, PA, studying to be lawyers. Please write to
kcummins@wilmingtontrust.com to obtain more information and an application.
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Juror Appreciation Day
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| Tony Cosentino and Nikki Sipe |
The FCBA Young Lawyers Division hosted Juror Appreciation Day on May 8th at the Franklin County Courthouse. Residents of Franklin County participating in jury selection were treated to coffee, juice
, breakfast pastries, and doughnuts.
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Race Against Poverty
The FCBA YLD invites you walk or run on Friday, June 2nd at the Race Against Poverty! YLD members plan, volunteer and participate in this worthy fundraising event.
Support Circles is a collaborative effort working to build relationships that inspire and equip our community to overcome poverty. Through this initiative, we are seeing community members move into long term stability as their dreams become reality.
REGISTRATION FEES
Kids Dash - Free & Donation Items
Kids 1 Miler - $10 & Donation Items
5K Walk/Run Youth (17 and under) - $15 ($20 after May 1st)
5K Walk/Run (18 and older) - $25 ($30 after May 1st)
RACE DAY SCHEDULE
5:30 pm - Check In Opens
6:30 pm - Kids 1 Miler
6:45 pm - Kids Dash
7:00 pm - Walk Start
8:00 pm - Race Start
8:45 pm - Awards Ceremony
Note:
Check In
for runners closes at 7:30pm on Race Day.
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Greencastle Antrim HS National Honor Society Induction Ceremony
On April 27th Greencastle Antrim High School held its National Honor Society Induction Ceremony. FCBA Member and State Representative, Paul Schemel was the keynote speaker. Paul shared the following with us for this month's newsletter.
"Requirement 9a of the Boy Scout's rank of First Class directs a Scout to meet with a judge, attorney or public official and discuss with them the Constitutional rights and responsibilities of a US citizen. Some of you in this room, both young and old, may recall this requirement. Over the years, I have had the privilege of having this discussion with many aspiring Second Class Scouts. It goes something like this.
In today's world, we are comfortable with discussing, even demanding our rights as citizens. Rights are found in three basic categories
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First among them are those rights which our forefathers described as "unalienable" having been given to us by God Himself, in his providence. These, as you know, are the right to life, liberty and the pursuit of happiness. In penning these words Thomas Jefferson borrowed from the writings of the English philosopher John Locke nearly 100 years earlier, and echoed by George Mason in the Virginia Declaration of Rights. Since these fundamental rights of free men are divine in their origin, men have no power to alter them. This is what legitimized the American Revolution, and distinguished it from mere rebellion.
The second category of rights are those created by men for the right ordering of society
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Foremost among these is the Constitution itself, which secures rights of government process and representation as well as personal liberties, which are detailed in the amendments. No doubt we are all familiar with many of these enumerated rights, such as freedom of the press, religion and speech, all contained within the
1st
Amendment. Some rights remain in effect but are largely forgotten, such as the prohibition against the quartering of soldiers during times of peace as referenced in the 3
rd
Amendment. Do any of you expect to return to your homes tonight, only to find a company of Marines living in your home? The 15
th
and 19
th
Amendments guarantee the right to vote for minorities and women, respectively.
Other rights are almost part of our daily conversation. I dare say, in Franklin County the 2
nd
Amendment, which guarantees the rights of citizens to keep and bear arms, is frequently exercised. For those in the audience who may be visiting us from other areas, you should be aware that a sizable number of people in this very auditorium are probably exercising their right to bear arms at this very moment. However, have no fear, so long as you are not a terrorist, white tail deer or spring gobbler you are quite safe.
This second category of rights are of men, and can be changed by men; but not without significant difficulty. Although there have been 27 amendments to our Constitution, over the course of 241 years that is not many.
The third category of rights are those which emanate from the first two. For example, you cannot truly have freedom of the press if the postal system refuses to deliver newspapers. Religious exercise cannot be free if churches cannot own land. The courts, too, find the law which derives itself from divine and enumerated rights. The 1954 case of Brown v. Board of Education ensured that no citizen would be subjected to racially segregated schools. Some decisions are more mystifying, such as the 1965 case of Griswold v. Connecticut where the court found a right to privacy, which I personally believe is nonsense, but then again, I am not on the Supreme Court. So you see, we Americans, we love to think about our rights. But, what are our responsibilities as citizens? We live at a time that is sometimes hostile to obligations. I like to remind the Scouts with whom I speak that this nation of ours, it's not all about them.
Some duties of citizenship are both obvious and easy. Obeying the law, obliging your neighbor. If you are a male age 18, then registering for the draft. These are the minimum obligations of a citizen
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However, beyond the minimum, a good citizen ought to do more, according to his means and abilities. Be an active contributor to your community; vote, volunteer, serve the needs of your neighbors, your church, be a force for good.
Emblazoned beneath the crest on the Pennsylvania state flag is our motto: Virtue, Liberty and Independence. The origin of this three-word statement is unknown. Many states use either Liberty or Independence in their mottos. Delaware's motto is Liberty and Independence. Not bad as an expression of freedom, but as a moral code liberty and independence by themselves lead only to licentiousness. Of course, that's Delaware, so who really cares. Their two most famous residents have been Pierre DuPont, who spent his vacations in Pennsylvania, and Joe Biden, who is originally from Pennsylvania. It doesn't even have the distinction of being the smallest state, it's the second smallest state. They don't tax their liquor so that is where all of Philadelphia goes to buy its booze. And that's about all there is to know about Delaware.
In contrast, Pennsylvania takes a statement, liberty and independence, and makes of it a roadmap for good citizenship, all by the simple addition of the word virtue. You cannot have independence unless you are free, and you cannot be truly free until you first possess virtue. Virtue is the trait, I dare say even the obligation, that makes liberty and independence possible. Virtue is moral excellence, goodness and righteousness. Wonderful traits those, but not always ones which we easily come by naturally. In our Oprah, Dr. Phil world we are frequently encouraged to look within, for only within our heart can we find truth. But, what if you're a jerk? Seriously, we all know jerks. If you don't, ask around. Perhaps you are one, just ask your siblings, they'll tell you. Aren't we all jerks sometimes? Don't we all possess some degree of "jerkishness'!? Of course, we do. We are selfish, proud, self-serving, unforgiving and, at times, unrelenting jerks. Consequently, if I seek truth, goodness and righteousness to guide my actions, but my only source for those attributes is myself, my self-actualized will, then what will the outcome be? Not good. For as much as the natural law is on our hearts, as St. Paul tells us, the jerk within us is there too, standing in the way.
The ancient philosopher Aristotle argues that we can move beyond our corrupted impulses, but that it will take practice and disciple. Aristotle explains that men are born with the capacity to do good, but that doing good requires practice. We generally think of discipline and practice as things more of the physical world. I can practice pitching, playing an instrument or writing my name. In time, my actions become reflexive, and I no longer need to concentrate on each specific movement in order to perform with elegance. Aristotle asserts that the same can be said of virtuous acts, such as truth telling. The child is taught by her parents not to lie. If she practices truth telling time after time, eventually it becomes a habit, and the child realizes the goodness of her virtuous act. The medieval theologian Thomas Aquinas bolstered Aristotle's argument, maintaining that virtue is in fact the habit of moral goodness. So, it is that we can shed our jerkishness and exchange it for virtue, but only through effort on our part. It is fitting that our forefathers began our state motto with an admonition requiring us to discipline ourselves by the development of a habit of virtue. When we are virtuous, we are free. We are liberated from those things which weigh men down. Those jerkish tendencies like pride, selfishness and the like; mean and vicious behaviors that only demean us. Since virtue requires practice and self-restraint, some confuse it with prudishness, or falsely associate virtue with a lack of freedom. However, consider this very practical example; everyone over 18 is free to purchase and smoke cigarettes. Do any of you know an adult smoker who, in exercising his freedom to smoke cigarettes, considers himself to be free of them? I have never in my life known an adult smoker who does not long to be free of this vice
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So, in exercising our freedom to choose between that which is good and that which is not, we can surrender our freedom to the intoxicating clutches of vice. Virtue liberates us from vice, and we become truly free. Free to seek beauty, truth, justice and all else that is good. Hence virtue leads naturally to the full enjoyment of the blessings of liberty.
The third and final dictum of our motto, independence, is a multi-faceted word. Pennsylvania's pivotal part in the American Revolution, particularly the actions of noble statesmen at the Continental Congress in Philadelphia, are synonymous with independence. By placing the term independence at the end of our motto, I believe the author may have intended to infer the state of independence naturally derived from the virtuous freedom undergirding personal liberty
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This final point in the motto marks the embarkation point of the good citizen, for the man who is truly independent makes his choices without the interference of those vices which falsely guide the man who remains a slave to the lower order of his passions. The independent man votes in accordance with a rightly formed conscience, he volunteers with a truly compassionate heart, indeed every action which he undertakes is done with the very best of intentions.
And there you have it, in one simple phrase of three words we have a guide to right living. Virtue, liberty and independence. With these in mind, then in practice and finally in virtuous habit, we can fulfill the calling of good citizenship that the divine endowment of our rights demands of us. Rather than merely asserting our rights, which far too many people do, we can prove ourselves worthy of them."
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Several FCBA members had high school seniors inducted to the National Honor Society. Paul and Lucy Schemel's son, Kristen and Tyler Hamilton's daughter, and Scott and Susan Arnoult's daughter were inducted at April's ceremony.
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| Taylor Hamilton graduating from Greencastle Antrim High School with Honors through National Honor Society and Spanish National Honor Society. She will be attending Slippery Rock University in the fall. |
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Friends of Legal Service Book Sale
Thank you to all of the members of the Franklin County Bar Association who helped make the 33rd Annual Friends of Legal Services Book Sale a success! The 2017 Book Sale raised $44,032.58 to support the provision of civil legal services to indigent people in our community. In addition to many FCBA members being involved as volunteers, generous law firms sponsored the Book Sale by giving funds to help defray the expenses of the Book Sale. Thank you for your support!
You won't want to miss this fun opportunity next year to benefit a great cause! Please mark your calendars for the next Book Sale scheduled for May 18, 19, and 20, 2018. Watch the Causeway for announcements about volunteer opportunities or contact Gloria Keener at Franklin County Legal Services (717-262-2326 or gloria@fcls.net) to get on the Friends of Legal Services volunteer list.
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| Line to get into the sale |
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| FCBA Past Presidents Phil Cosentino and Mahesh Rao volunteer at checkout |
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| Martha Ewan and Kari Ramsey from Law Offices Of WIN |
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Save the Date
The 15th Bench Bar Conference of the 39th Judicial District will be held on Friday, October 13, 2017 at the Whitetail Ski Resort in Mercersburg, PA.
Whitetail completed a 31,000 square foot expansion for $8.5 Million in 2016, making it an ideal location for our conference.
The Franklin County Bar Association invites you to become a sponsor for our 39th Judicial District Bench Bar Conference. Each attendee receives a conference binder containing legal education materials and information about our conference sponsors.
Print advertisements to be included in our binder are: 1/4 page ads for $100, and full-page ads (8 ½ X 11 inch) for $250. To place an ad, please contact Amelia Ambrose, at 717-267-2032 or
director@franklinbar.org
by Friday, July 30, 2017.
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Filing Cabinets for Sale
With the closure of our medical practice, we must vacate our office space by June 30. We have 11 seven drawer filing cabinets for sale which we had used for our patient's paper chart. Dimensions of each cabinet are 88 high x 36 wide x 15 deep. See attached photo of two of the cabinets. All cabinets have doors and locks with keys. They can be taken apart if you don't have space for seven drawers high. We are selling these for $600.00 each (which is less than half of their original cost.)
Our last day of business seeing patients will be Tuesday, June 20. These cabinets will be available to pick up soon as we are rapidly boxing our paper charts for storage. If you are interested in purchasing any cabinets, I can be reached at the office number listed below or my cell phone 717-262-5489.
Jane Charlesworth,OM
Franklin Family Practice,PC
375 Floral Avenue
Chambersburg, PA 17201
717-267-0001
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Press Releases, Memos and Important Notices
April 24 -
PBA now accepting applications for the PBA Leadership Institute.
The PBA Bar Leadership Institute is designed to provide emerging leaders, representing a broad cross-section of the diversity of the PBA membership, with an opportunity to learn about the PBA while actively participating in key meetings. Participation in the Bar Leadership Institute provides numerous opportunities to network with PBA members and leadership and helps build lasting relationships that will serve as an invaluable resource for future success.
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Understanding the Dependency System for
Parent Attorneys and GALs
Sponsored by:
Franklin County Children and Youth Services
Presented by:
Family Design Resources, Inc.
through the Legal Partnership for Permanency®
I am pleased to announce that the registration link for the upcoming dependency CLE is up and running. The training will occur at the Administrative Annex on June 7th from 9:00 a.m. until 4:00 p.m., and offers 5 Substantive and 1 Ethics CLE. Attorneys who actively practice in the child welfare system are encouraged to attend, as are legal professionals with an interest in learning more about the child welfare system.
The cost is $125 and includes the training and CLE credits, as well as lunch and morning and afternoon refreshments.
For more information and to register, please click here.
Please don't hesitate to reach out to me if you have any questions, and please feel free to forward this email to anyone else who may be interested in attending.
Thank you,
Theresa M. Yaukey, Esq.
Solicitor, Franklin County Children and Youth Service
425 Franklin Farm Lane
Chambersburg, PA 17202
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Franklin County Avoidance of Legal Practice Seminar
PBA has scheduled a second Franklin County Avoidance of Legal Practice Seminar.
Event Information
Location:
Hampton Inn
955 Lesher Rd
Chambersburg, PA 17202
Date/Time:
June 23, 2017 - 2:00pm
Cost:
$30.00
How to register:
Please register online at www.pabar.org . From the PBA home page, please sign-in using the member login in at the upper right corner of our home page. If you need assistance with your username or password, please contact our Member Services Department at 800.932.0311 for assistance. When you log in, you will see, "My Dashboard." Under "Events," select "Register for an Event." Or print this registration form and mail the completed form with your payment.
Walk-in registrations will be accepted, but pre-registration is strongly encouraged.
(Please note our cancellation policy: refunds must be requested 48 hours in advance of the program date.)
Through the Pennsylvania Bar Association Insurance Program, advised and administered by USI Affinity, you have the ability to gain valuable malpractice avoidance information and earn up to a 7.5% discount on your malpractice insurance.
The Malpractice Avoidance Seminar, sponsored by the Pennsylvania Bar Association Insurance Program and the Pennsylvania Bar Institute, has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of ethics, professionalism, or substance abuse CLE credit.
If you have questions, please contact Ms. Miller-Wagner at 1-800-932-0311, ext. 2240.
Gabriele E. Miller-Wagner
Administrative Assistant, County Bar Services, Pro Bono Legal Services and LRE/Special Projects
Pennsylvania Bar Association
100 South St. Harrisburg, Pa. 17101
P: 800.932.0311, ext. 2240 F: 717.238.7182
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Upcoming PBI CLEs at FCBA
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Member News
* Nicole Sipe, managing attorney at MidPenn Legal Services:
Welcome to the world, Abigail Eleanor! She arrived on May 23, 2017 at 9:47 p.m., just in time to share a birthday with her dada,
Joshua Reiprich
. She weighs 7 lb., 2 oz. and is 20 1/4 inches long with a full head of hair.
* Keller, Keller and Beck, LLC: We are pleased to announce that we are consolidating our offices and expanding our Chambersburg location. Please update your records to note our Chambersburg address and fax number:
1035 Wayne Avenue,
Chambersburg, PA 17201,
Fax (717) 264-5135.
We will retain our existing telephone numbers and e-mail addresses.
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Newsletter items deadline
The deadline to submit items for The Causeway is the 20th of each month
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"Since our last chat..."
"Since our last chat..." is a periodic column in The Causeway by Bar member Barb Townsend.
The summer is coming, if not already here, and there will be vacations or some leisurely weekends as the rest vacation. Lawyers sometimes turn to books for relaxation, education and stimulation. I decided to check on what we're reading now. Sometimes our colleagues have the best ideas for summer reads. I went ahead and loosely grouped the books. If I missed your favorite, let me know and I'll try to include it some other time.
I was surprised to learn that two classics are on the current reading list of our compatriots. Then I discovered that there are some common themes in play:
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The novel illustrates how power can be controlling in addition to controlling perceptions simply through the falsifying of facts.
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As are many of these books, this is available by audio. Mr. Rothkopf philosophically confronts our approach to the future and forces us to reimagine fundamental aspects of our life through questions. Perhaps a comparison companion to Orwellian invented reality.
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War and Peace by
Leo Tolstoy
The novel shows peasants and nobility, civilians and soldiers struggling with their times, history and culture.
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A companion of the Tolstoy might be this novel centered on an aristocrat who is sentenced to live in the attic of a luxury hotel for life in the 1920s while there are many changes around him.
I am never surprised to learn that many of my colleagues read history, even if there's no pop quiz on the horizon. You might enjoy:
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The Warburgs by Ron Chernow
The history of a clan of bankers, philanthropists, scholars, artists and politicians. One wonders if a playwright will consider this for the next super musical.
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After the bombing of their zoo in Poland in the Blitzkreig, the zookeeper and his wife saved the lives of over 300 people by hiding them in empty cages, calling the animals human names, and the humans, by the animals they were replacing.
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This is the classic version of the German invasion in 1941. While at least two million Russian military personnel were killed during the invasion, four years later, Russia rallied to defeat the Wehrmacht on the eastern front.
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A more recent history, the book places more emphasis on the Panzer divisions and how their loss undermined the German invasion.
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This translation of the Chinese classic provides a discussion of the philosophy of war.
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I couldn't resist mentioning this attempt to relate the Chinese philosophy of war to trial practice.
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If you think the police action subject to recent scrutiny is caused by current events, read about the Florida orange business in 1949. The book sheds new light on Thurgood Marshall's crusade for civil rights.
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Set in Kentucky, this story is based upon a horse and a white Southern dynasty family and an African-American family, former slaves of the white family.
Some of us are interested in some humor with the provocation of thought and consideration of serious issues.
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A former Marine and graduate of Yale Law School writes biographically about growing up poor white in the Rust Belt.
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A young man writes about growing up black in the last thirty years.
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The New Yorker Magazine
is well worth reading. It can be ordered on line at www.newyorker.com
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Mother Land
by Paul Theroux
For the book with the highest rating by readers of all mentioned here, try Motherland by Paul Theroux. Outside the home, this mother is revered for her piety and hard work. To her husband and seven children, she is a petty tyrant who excels at creating family dramas. You will feel that you know her...perhaps as someone else.
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The Art of Fermentation by Sandor E. Katz and Michael Pollen
Not only grapes and hops are fermented. This book provides a guide to making sauerkraut, yogurt, pickles, kimchi, and chutney.
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Imagine starting dinner, getting a call, and coming back five hours later to meat that was left out. This book is a look at fire fighters and their families. It also provides resources.
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Norwood by Charles Portis
This novel is a wild journey from Texas to New York and back by the author of True Grit.
So then we arrive at a tremendous group...books about Murder. I wonder why we just can't help ourselves. If you can't find a new Michael Connolly or J. A. Jance, try one of these:
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for those of you reading to children, try Jon Scieszka and Lane Smith. Stinky Cheese Man and Other Fairly Stupid Tales. This is not only a spoof about the art of book design, but a fun way to deal with fairy tales.
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Extreme Prey by John Sanford
Lucas Davenport is now part of the governor's staff. The governor is now running for President. However, there's a shadow intent on killing the governor and anyone else who interferes.
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Dark Places by Gillian Flynn
A seven year old identifies her brother as a murderer. Twenty-five years later, she gets involved in a secret investigation into the killing. Also, Sharp Objects: A brief stay at a psych hospital begins this reporter's return to her family's Victorian mansion to cover a murder trial.
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Set in Edinburgh, this series creates a new, complex detective.
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This series is set in a small town in Quebec near the American border. This first novel may hook you into reading the rest, as the characters reappear in later novels.
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This is book six in the Louisiana Dectective Dave Robicheaux series.
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In Death series by J.D. Robb (Nora Roberts)
There are forty-five books in this series with a new release scheduled for September. Echoes in Death: Book 44, starts with a victim running out into the street in front of the vehicle occupied by the heroine, Lt. Eve Dallas, homicide, NYPD.
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A woman who rides the same commuter train to work and sees the same couple repeatedly, sees something out of the ordinary. When she reports this to the police, initially she's treated as suffering from mental illness.
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All by Myself, Alone by Mary Higgins Clark
Last, but hardly least, Mary Higgins Clark. There are two new novels: All by Myself, Alone: a deadly cruise on an ocean liner; and As Time Goes By: another reporter, this one for television, becomes involved in a murder trial she's covering.
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YLD Happy Hour - Thursday, June 1
YLD Meeting - Friday, June 2
Race Against Poverty - Friday, June 2
YLD Games Night - Tuesday, June 22
CLOSED, Independence Day - Tuesday, July 4
YLD Happy Hour - Thursday, July 6
YLD Meeting - Friday, July 7
YLD Games Night - Tuesday, July 18
Board of Directors Meeting - Friday, July 21
YLD Happy Hour - Thursday, August 3
YLD Meeting - Friday, August 4
YLD Games Night - Tuesday, August 15
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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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