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ACBA offers new membership categoriesand expands perks for law students

by Tracy Carbasho

The ACBA Board of Governors hasgiven the go-ahead to create newmembership categories that reflect howlaw school graduates are using theirdegrees in today’s legal marketplace.

The board approved changes to theACBA bylaws in January that includethe new categories of associatenontraditional and associate JD. Theassociate category remains the same,but will be referred to as associatepracticing. The two new categorieswill become effective July 1.

Initial discussion about updatingthe membership categories beganduring the board’s planning retreat inSeptember 2012 when Mark Vuonowas president of the ACBA.

In addition to creating the newcategories, the board has formed anACBA Membership Committee andexpanded the benefits that are providedto law students.

All of the changes are intended toattract new members and ensure theACBA offers benefits to accommodatethe diverse array of individuals withlaw degrees.

“I don’t expect there to be a rush ofnew members. Part of the membershipcommittee’s focus is to educate ourmembers about the new categories,”said ACBA Executive Director David

A. Blaner. “We will be able to measureit over the next two or three years.”

Blaner said the ACBA enjoyed itshighest membership of about 6,700members between 2000 and 2002.Today, the number is approximately6,200. The membership committeewill be responsible for keeping an eyeon the numbers.

In particular, the committee isresponsible for assisting the directorof membership in recruiting, retainingand supporting membership in the ACBA.The committee will also evaluate anddevelop new programs and servicesdesigned to enhance the overall valueof membership and review membershipcategories and dues structures on aroutine basis.

Blaner said the ACBA currentlyhas the third lowest dues structurewhen looking at similarly sized largemetropolitan areas.

Dorie Schnippert, director of theACBA’s Membership Services andCLE Department, noted that 70percent of all attorneys eligible to jointhe association are currentlymembers. A marketing campaignhas been launched and will continueover the coming months to notifyexisting and potential members aboutthe changes.

“Our efforts are directed at providingwhat the legal market needs today,”

she said. “We’re trying to keep oureyes to the future and hopefully wewill engage people who were notpreviously able to participate in thebar association.”

The bylaws define associatenontraditional as “any lawyer who isadmitted to the bar of a state, territory,or possession of the United States, andwho is not actively engaged in thepractice of law but is still on activestatus with the court and maintains alaw license. Associate nontraditionalmembers shall be entitled to the rightsand privileges of active membersexcept that the associate nontraditionalmembers shall not have the right tovote or to hold office in the association.An associate nontraditional membermay serve as a voting member of anycommittee, division or section of theassociation, except the judiciary andnominating committees.”

An associate JD is defined as “anyperson who holds a JD degree fromany ABA-accredited law school, but isnot admitted to any court or bar of astate, territory or possession of theUnited States or is on inactive statuswith the court. Persons in this categorymay include retired lawyers, lawprofessors or persons in other professionsusing their JD degree, but not admitted

Vol. 16 No. 5 March 7, 2014The Journal of the Allegheny County Bar Association

Continued on page 10

THE FULL TEXT AND/OR HEADNOTES FOR THE CASES BELOW APPEAR INTHE ONLINE, SEARCHABLE PLJ OPINIONS LOCATED AT WWW.ACBA.ORG.

l a w y e r sJ o u r n a lThe Lawyers Journal is published

fortnightly by the

Allegheny County Bar Association

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Pittsburgh, PA 15219-1818

Editor: 412-402-6623/[email protected]

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Address Changes: 412-402-6612

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www.acba.org

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© Allegheny County Bar Association 2014

Editor-in-Chief: Hal D. Coffey, Esq.

Editor: Jennifer A. Pulice, Esq.

Supervising Editor: David A. Blaner

Advertising Coordinator: Peggy Lewis

Graphic Artist: Jessica Wysocki Valesky

Proofreader: Sharon Antill

Editor/Graphic Artist: Mark Higgs

■ The LJ editorial policy can be found

online at www.acba.org.

■ Information published in the LJ may

not be republished, resold, recorded, or

used in any manner, in whole or in part,

without the permission of the publishers.

/ March 7, 2014

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Judiciary funding crisis continues to impact Western District

by Tracy Carbasho

The ACBA is urging lawmakers toincrease funding for the federaljudiciary, noting that a failure torestore funds could hinder theadministration of justice.

The association’s Board of Governorsvoted in January to send a lettersigned by ACBA President Nancy L.Heilman and Federal Court SectionChair Thomas May to lawmakers. Thepurpose of the letter, which was sentto federal lawmakers who represent thelocal area, was to solicit Congressionalsupport to increase federal judiciaryfunding to the level recommended bythe Senate Appropriations Committee.

The federal sequestration cuts thattook effect on March 1, 2013, reducedthe judiciary’s funding by nearly $350million – a severe fiscal blow forcourts that were already exercisinglean operations. Federal courts inPittsburgh, Harrisburg and Erie carryheavy caseloads and have a reputationfor being efficient.

The Senate Appropriations Committeehas proposed legislation which wouldprovide the judiciary with a $496 millionincrease in funding for Fiscal Year2014. This amount is approximately7 percent more than the FY 2013post-sequestration funding that thejudiciary received and has beendeemed sufficient to fund the judiciary’sFY 2014 re-estimated budget request.

“Although the judiciary is constitutionally a co-equal branch ofgovernment with the executive andlegislative branches, funding for thefederal courts comprises only two-tenths of one percent of the federalbudget,” said Heilman. “Many adverseconsequences may arise, if federalfunding for the courts is not maintainedat least at the current level.

“For example, for those who havecompleted federal prison sentencesand been placed on supervisedrelease, court-ordered services maybe curtailed,” she added. “Such needs, which ultimately protect thepublic, include providing adequatedeterrence to future criminal conductand providing the defendant witheducational or vocational training andhealthcare services.”

Heilman said continued fundingcuts will also diminish the quality ofservices available to residents whoare pursuing the prompt and effectiveresolution of bankruptcy, employmentdiscrimination and other litigationmatters. In addition, the safety of judges,court personnel and the general publicmay be affected with reductions in theranks of the U.S. Marshal’s Service.

May said the Federal Court Sectionhas discussed the lack of sufficientfunding for the judiciary over the pastfew years. Sending the letter to federallegislators was an appropriateexpression of the section’s mission tourge lawmakers to appropriate necessaryfiscal resources.

“Adequate funding for the judiciaryaffects all attorneys and, moreimportantly, the public served by thecourts regardless of political affiliationor philosophy,” said May.

The budget deal approved byCongress in October 2013 provides anadditional $51 million to the judiciaryand federal defenders. In particular,the bill included slightly more than $1billion for federal defender services, a$26-million annual increase over thelast fiscal year for attorneys whorepresent indigent defendants. The billalso includes $4.8 billion for judiciarysalaries and expenses, a $25-millionincrease over the last fiscal year.

The letter from the ACBAemphasizes how diligent the federaljudiciary has been in implementing anaggressive and comprehensive cost-containment strategy since 2004,resulting in significant savings onrent, restrained growth in personnelcosts, reduced expenses, andincreased efficiency through the useof technology.

Judges, court personnel and federalpublic defenders in the Western Districthave been quite vocal in expressingtheir own concerns and pointing outwhat steps have been taken to combatthe funding crisis.

Jeffery Deller was elevated to chiefjudge of the U.S. Bankruptcy Court forthe Western District in September2013. By this time, the bankruptcycourt had already experienced threeconsecutive years of significant fundingreductions, resulting in the loss ofapproximately 25 percent of thecourt’s staff. He was also confrontedwith the imminent threat of a governmentshutdown and sequestration.

“With the full support of my fellowjudges, I took the position that dispensingjustice in a manner consistent withdue process is mandated by the U.S.Constitution and that maintaining theactive duty of our already depletedstaff was essential to carrying out thatmandate,” said Deller. “That positionwas also taken by the U.S. DistrictCourt and the U.S. Court of Appealsfor the 3rd Circuit.”

Deller notes that a fundamentalgoal of the federal bankruptcy lawsenacted by Congress is to give debtorsa financial fresh start from burdensomedebts. Each year, the Bankruptcy

Court for the Western District issuesdischarges to thousands of residentsin Pennsylvania.

“Our court worked tirelesslythrough the budget crisis to ensurethat access to this important relief wasprovided on an uninterrupted basis,”he said. “In addition to ensuring thatqualified debtors received a dischargein accordance with the bankruptcycode, our court remains committed tohelping homeowners and mortgagecompanies achieve a consensual alternative for foreclosure by administering our formal Loss Mitigation Program.”

The mitigation initiative providesmortgage modification options. Sinceits inception in October 2012, morethan 1,200 loss mitigation cases haveresulted in hundreds of families beingable to keep their homes.

“Each bankruptcy judge in ourdistrict carries an active load ofthousands of cases and the correspondingannual volume of docket activity isapproximately one half of a millionentries,” said Deller. “By far, thebiggest impact on our court resultingfrom reduced funding is the fact thatwe now have significantly fewer staff to perform the case-relatedadministrative tasks necessary for the court’s ability to carry out its constitutional mandate.

“Rather than relax our high standardsof quality and timeliness, our courthas relied upon the remaining staff tocompensate by performing double ortriple the workload that they performedin the recent past,” he added. “I knowof no other civilian workforce in the

Continued on page 12

”

“ Although the judiciary is constitutionally a co-equal branch ofgovernment with the executive and legislative branches, funding forthe federal courts comprises only two-tenths of one percent of thefederal budget. Many adverse consequences may arise, if federalfunding for the courts is not maintained at least at the current level.For example, for those who have completed federal prison sentencesand been placed on supervised release, court-ordered services maybe curtailed. Such needs, which ultimately protect the public, includeproviding adequate deterrence to future criminal conduct andproviding the defendant with educational or vocational training andhealthcare services.

–ACBA President Nancy L. Heilman

/ March 7, 2014

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from 14 to 37 programs. The expansionis yet another illustration of thefoundation’s importance in the wakeof funding cuts that have affected legalorganizations with similar missions.

Barbara Griffin has witnessed theurgent need for pro bono servicesfirsthand. After serving as Pro BonoCenter coordinator since 2007, she hasnow undertaken the role of Pro BonoCenter director.

“I’m going to concentrate primarilyon creating new projects, seekingfunding sources and doing administrativework, such as reporting to funders andmembers,” said Griffin. “We’ve addeda lot of new programs and are serving

ACBF growth leads to new roles for employeesby Matt Sober

The ongoing expansion of theAllegheny County Bar Foundation hasprompted three key individuals toassume new responsibilities.

Lorrie Albert has assumed the roleof ACBF associate executive director,a new title that reflects a moresignificant role in ensuring theorganization’s continued ability toprovide assistance in the community.

“As the foundation has grown, myfocus has been more on fundraisingand making sure the foundation runssmoothly from day to day,” saidAlbert, who had served as ACBFdirector since 2007.

In recent years, the ACBF hasadded more than 20 programs andfundraising activities, including theZittrain Forums on Law and PublicPolicy, the Pro Bono Rocks fundraiser,and the Law Firm Leadership Circle –a group of firms that have pledgedfinancial support to the foundation. Inaddition, the ACBF provides scholarshipsto law students and issues grants topublic interest organizations.

“The foundation has grown so muchthat we need more support,” said Albert,whose role as secretary and trusteewith the National Conference of BarFoundations has further elevated theACBF’s profile. “My focus has shiftedto developing our planned-givingprogram and ensuring that we haveadequate funding for the Pro BonoCenter, which has grown tremendouslyduring the past few years.”

Since 2007, the ACBF’s Pro BonoCenter has more than doubled in size

Lorrie AlbertACBF Associate Executive Director

Barbara GriffinDirector of the Pro Bono Center

Elizabeth Parker GaetaniPro Bono Coordinator

more people. We’re seeing huge numbersof people in need with fewer places forthem to go for help.”

As Griffin directs her focus to thePro Bono Center’s funding demands,new Pro Bono Center CoordinatorElizabeth Parker Gaetani will workwith attorneys who offer their servicesto those in need.

“I’m going to be handling volunteerrecruitment, support and recognition,”said Gaetani, who had been serving asassistant Pro Bono Center coordinatorsince July. “It’s been an organicprocess in determining what roles aresuitable. I get a lot of calls from volunteers.I meet with them and talk about their

interests and match them with anappropriate program.”

Gaetani is also managing theDivorce Law Project, which offerspro bono representation to plaintiffsin no-fault divorce proceedings,coordinating Continuing Legal Education programs, and performingcommunications work.

Albert is confident the changes willstrengthen the ACBF.

“As the ACBF continues to evolve, weare in a better position to carry out ourmission as the driving force to ensurejustice for all, assist community membersthrough public service programs andsupport our legal profession,” she said. ■

Attorneys gain valuable skills at National Trial Advocacy College

by Mark Higgs

Local attorneys have long benefittedfrom the support of the AlleghenyCounty Bar Association and theopportunity to attend the NationalTrial Advocacy College is proof ofthat relationship.

Nancy Potter, Sandra Kozlowski,Jonathan Gesk and Joyce Hatfield-Wisespent a week in January at the NationalTrial Advocacy College at the Universityof Virginia, where they participated ina robust training program designed toimprove advocacy skills.

The ACBA Federal Court Sectionoffers a scholarship to encourageparticipation and to help attorneyscover the costs of the program. TheWestern District Admission Fundassists the section in funding thescholarships and this year, the localchapter of the Federal Bar Associationalso made a contribution.

Since the scholarship’s inception in 2010, competition hasincreased dramatically.

“Competition for the scholarshipswas very stiff this year. We received27 applications, a sharp increase fromprevious years,” said Pamela Connelly,chair of the Federal Court Section’s adhoc scholarship selection committee.

Applicants were required to submita written application and resume and

could also submit reference letters.The committee reviewed all submissions,considering practice areas, interest intrial work, public service and motivationfor attending the college.

“Feedback from participants hasbeen universally positive,” said Connelly.“Past recipients have stated that itchanges the way they practice lawfrom the start of a case through trial.”

Sentiments from the four attendees reflect Connelly’s statement wholeheartedly.

Kozlowski, deputy attorney general,thought the college was a phenomenallearning experience with a balancedmix of lectures, demonstrations bysuperior trial advocates, and hands-ontraining exercises. Having recentlyshifted her practice as a trial attorneyfrom the state to federal level, sheunderstood the importance of attendingthe NTAC and was eager to enhanceher skills as a trial advocate. Shemight never have attended such aprogram without the scholarship.

“I feel very privileged to haveattended the college. The experiencehas profoundly influenced my practiceby elevating my trial skills to a whole new level. I am now even morefirmly committed to improving myabilities as a trial attorney,” saidKozlowski. “I would encourageattorneys with any level of trial

experience to attend the NationalTrial Advocacy College as a means toimprove their aptitude as a persuasive

advocate. There is something to belearned and skills to be gained by anylevel of advocate.”

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Winners of the ACBA National Trial Advocacy College Scholarship gatheredat ACBA headquarters for a meeting of the Federal Court Section. Pictured, from left, are U.S. District Court Judge Arthur Schwab, whospearheaded the creation of the scholarship; scholarship winnersJonathan Gesk, Joyce Hatfield-Wise, Sandra Kozlowski, and Nancy Potter;Pamela Connelly, chair of the Federal Court Section’s Scholarship SelectionCommittee; and Robert Barth Jr., clerk of the U.S. District Court for theWestern District of Pennsylvania.

visit the acba website at www.acba .org

March 7, 2014 /

The staff of the college includesfederal judges, experienced practicingtrial lawyers, and law faculty fromthroughout the country. Also servingon the staff were U.S. District CourtJudge Arthur Schwab and AlleghenyCounty Public Defender Elliott Howsie.

“One of the most significant lessonsI learned was the ability to analyze acase from the jury’s perspective.Advocates tend to analyze a casebased upon their individual perspectivesand client goals, leading to two separatepresentations of evidence,” saidKozlowski. “From the jury’s perspective,there is only one story and an effectiveadvocate persuades the jury in allphases of the trial, even during theopposing counsel’s case in chief.”

Gesk, an associate attorney atWayman, Irvin & McAuley, said thecollege exceeded his expectations. Heparticularly appreciated how thecollege provided the opportunity totest a technique or improve a skillwithout adversely affecting a client.

“As trials become increasinglymore uncommon, it is difficult to gainthat experience and improve thoseskills,” said Gesk. “It was an incredibleexperience. I don’t know that I’ll everagain have the opportunity to receiveimmediate feedback from federaljudges and elite trial lawyers the wayI did at the trial college.

“My particular instructors werevery helpful,” he added. “They werecandid and direct, but also patientand willing to spend time analyzingwhat could be improved and whatpersuaded them.”

Training at the college covers allaspects of a trial, but focuses on openingstatements, closing arguments, directexaminations, and cross-examinations.Days begin with lectures on a specific

skill or aspect of a trial, and then facultymembers provide a demonstration.Attendees split into smaller groups andprepare for mock exercises showcasingtheir new skills or knowledge.

After attendees present their newskills in front of the other groups andfaculty, instructors critique and offerfeedback for each participant. Thatsame process continues throughoutthe week, culminating in a mockjury trial during the last two days ofthe conference.

“I learned that effective trialadvocacy is really comprised of variousskills, as opposed to natural talent orability,” said Gesk. “The lectures,anecdotes and direct feedback made itclear that great trial lawyers are notborn, but rather are those lawyers thatout-prepare opposing counsel andout-practice opposing counsel.

“While we all get caught up ingetting the next task done, we need tospend time deliberately working oncourtroom advocacy whether we havea trial pending or not. That is thelesson that will stick with me morethan anything.”

Hatfield-Wise is an agency attorneyfor Washington County Children andYouth Services. As a public serviceand local government employee, shesaid training options and funds arelimited, so she applied for the scholarshipas soon as she learned about it.

“I especially found valuable thesmall-group format, the one-on-oneinstant feedback, and constructivecomments that all facilitators provided,”she said. “The opportunity to pair withanother attorney was also a valuableexperience as I have been a solepractitioner over my 16 years of practiceand working together with anotherco-counsel added to my skill set.”

The advocacy college opened hereyes to a type of training not necessarilyavailable during continuing legaleducation courses.

“So much of our continuing legaleducation is lecture-based that it wasgreat to have skills-based, hands-ontraining,” said Hatfield-Wise. “I findmyself in court nearly every daydefending the rights and interests ofchildren. The trial skills will no doubtcontinue to add to my success onbehalf of children. The rare experiencefor hands-on training has also stirredfor me a desire to seek additionaltraining experiences. Valuable trainingexperiences like NTAC should be amust for all legal practitioners.”

Potter, a staff attorney at theEducation Law Center, was gratefulfor the opportunity to attend the college.As a non-profit agency, the center’sresources were already thin fromrepresenting children from schooldistricts all over the state. Thescholarship provided her with thechance to attend the conference andbring back the skills, knowledge andtraining only such an event can provide.

“It was an excellent, once-in-a-life-time opportunity. I learned more in aweek than in the last four years ofCLE programs,” she said. “It’s veryintense to put yourself out there infront of your peers and those greatlawyers. I really enjoyed it.”

She said the training and exercises atthe college reminded her how integralsuch things as speaking and wordchoice are to an attorney’s success.

“It made me a more confident,more skilled attorney,” said Potter. “Ihope it will help me to be successfulon behalf of my clients and continue toimprove my skills as a trial lawyer.”

Potter emphasized the nature ofthe scholarship, which stands as atestament to the symbiotic relationshipbetween the bar association and theattorneys in Allegheny County.

“This scholarship is really unique.It says a lot about Allegheny Countyand the camaraderie of the bar, andthe type of lawyers we have here,” Pottersaid. “The lawyers who do the same workthat we do in other parts of the countrydon’t enjoy the support we receive.”

Echoing Potter’s sentiments, JudgeSchwab said, “The scholarships areconsistent with the mission of theFederal Court Section of the AlleghenyCounty Bar Association to improve thetrial advocacy skill and advance theadministration of justice. Thesescholarships provide access to attorneyswho are in public service who otherwisewould not have been able to attendthis excellent trial advocacy program.”

Schwab received his law degreefrom the University of Virginia andhas served as a faculty member at theevent since 1995. ■

”“ I learned that effective trial advocacy is really comprised of variousskills, as opposed to natural talent or ability. The lectures, anecdotes anddirect feedback made it clear that great trial lawyers are not born, but ratherare those lawyers that out-prepare opposing counsel and out-practiceopposing counsel. –Jonathan Gesk

Justice Saylor addresses Senate Appropriations Committee

by ACBA and AOPC staff

Pennsylvania courts are calledupon to fairly and efficiently resolvecases that are important to individuals,families and businesses – meaning theneed for court funding is not justabout judges and courtrooms. It is alsoabout court programs that affect thelives of Pennsylvanians every day.

In recent years, the need for adequateand stable funding has become evenmore pressing to address years ofunderfunding, primarily of salariesfor trial and magisterial district judges.However, a strong working relationshipwith the executive and legislativebranches of government, coupled with internal savings, has allowedPennsylvania’s Judiciary to maintainservices at the state and county levels.

Many initiatives started in Pennsylvania have served as rolemodels for other state court systemsin the nation. Programs that helpstrengthen communities, individuals,families and businesses also are fundedthrough Pennsylvania’s courts.

Jurists and court staff are dedicatedto using resources as efficiently aspossible. In addition, the court systemis always seeking innovative ways touse technology and take other steps for greater efficiency andenhanced performance.

Though millions of cases flowthrough the system each year, Pennsylvania’s Judiciary receives lessthan one percent of the state’s totalbudget. Pennsylvania’s court systemcontinues to work with the legislativeand executive branches in spending

reductions in a number of ways,chiefly by right-sizing magisterialdistrict judgeships.

Phasing county prothonotaries,clerks of courts, and their keydeputies into state judicial employmentis a priority in the judiciary’s budgetrequest for Fiscal Year 2014-2015. It issimilar to the transfer to state serviceof district court administrators andtheir key deputies, which took place in2000. The aim is to integrate thefunctions of the offices into the statesystem, deriving a more efficientadministration of justice for those whouse the courts and more cost-effectivefor the taxpayers who fund them.

No new tax dollars are envisionedto fulfill the major aspect of thistransition. Instead, the judiciary’sproposal envisions shifting part ofcounties’ annual state-funded courtreimbursement grant to this purpose.

Supreme Court Justice Thomas G.Saylor made remarks in Februarybefore the Senate AppropriationsCommittee detailing the budget process,recent savings, successes and upcominginitiatives. His statement follows:

“Mr. Chairman, I am pleased to joinwith colleagues and staff today toappear before you and members of thecommittee to discuss the judiciary’sfunding request for the coming fiscalyear. The judiciary’s core mission, asyou know, is the delivery of fair, timelyand accessible justice to Pennsylvanians.We believe we are meeting those goalseffectively, but we also recognize theneed for continuous improvement andbeing here provides a healthy assessmentof others’ views.

Funding to fulfill the judiciary’smission derives in its entirety fromthe annual appropriations process inwhich the judiciary submits budgetsthree times, first to the ExecutiveBranch and later to the House andSenate. Thereafter, as we do today atyour invitation, we participate inthese hearings and then largely awaitthe outcome of deliberations betweenour sister branches.

Every dollar expended by thejudiciary whether for salaries, grantsto counties, computer operations orprograms is appropriated by theGeneral Assembly, subject to thegovernor’s concurrence. An insert toour handout today graphicallyillustrates this fact.

The judiciary’s budget is drivenprimarily by constitutionally requiredpersonnel costs. Our discretionary

spending is minimal, thus making thejudiciary’s annual budget somewhatunique within the overall appropriationsprocess and, perhaps, uniquely difficult for you to resolve each year.Consequently, collaboration amongthe three branches is essential,regardless of other issues, to ensurethat fair, timely and accessible justiceis possible.

As an example, recent years haveseen strong collaboration betweenGov. Corbett and Senate leaders inavoiding appointments to vacantjudicial seats, resulting in cumulativesavings of $14.1 million. Savings of$4.5 million have also resulted fromthe judiciary’s examination of theneed for each of the more than 500magisterial district court judgeships.Eighteen courts have been closed;another 10 will close by 2018. A similar

/ March 7, 2014

evaluative process is being developedfor review of the Common Pleas Courtcomplement, currently at 451, andshould be available for collaborativeuse later this year.

Overall in the past six years, thejudiciary has saved about $45.8 millionthrough various means. On the revenueside of the budgetary equation, theJudicial Computer System has beeneffectively used to facilitate collectionof fines, fees, costs and restitution.PAePay, a process developed in-houseas part of the Judicial Computer System,allows online credit and debit cardpayments for assessments includingbail. With $63 million collected in 2013,PAePay shows considerable promise.

Effective collection of fines, fees,costs and restitution is, of course, notjust about dollars, but also significantlyabout justice fulfilled and livesrestored. It is also true, though, thatannual collections by the judiciary($468.6 million in 2012) exceed thebranch’s overall budget request.

Two legislative initiatives withbudgetary implications are proposedfor fiscal year 2014-2015: a phasedplan contained in SB 1215 to transition county clerks of courts and

prothonotaries and their key deputiesto state judicial employment, and arequested $1.5 million appropriationrequest to support court interpreterservices in counties.

By abandoning a 19th Centuryoperating structure, the first initiativewill fully integrate the functions ofthese offices into the Unified JudicialSystem, similar to the transfer to state service 14 years ago of districtcourt administrators. Increased efficiencies and long-term cost savings are anticipated.

Endorsed as a priority by theCounty Commissioners Association ofPennsylvania, the proposal is mostlyfunded by shifting part of counties’annual state-funded court operatinggrants for this purpose. A majorityof Pennsylvania Association of Prothonotaries and Clerks of Courtsmembers support the proposal.

The $1.5 million grant requestreflects state and federal law mandatinginterpreters’ availability whileacknowledging that counties can befaced with unexpected and largeinterpreter expenses for protractedand complex litigation or when aninterpreter is not locally available.

Under the Supreme Court’s guidance,the judiciary continues to implementways to cope with the managementchallenges inherent in a large courtsystem. Five highlights are:

1. During 2014-15, the judiciarywill expand the rollout of a series ofpublicly accessible “dashboards,” mostof which will use Judicial ComputerSystem data to help local courts determineareas of effectiveness or neededimprovement in case management.

2. Also aimed at ensuring timelyand accessible justice, the chiefjustice has directed local courts todevelop plans this year to reduce civilcase inventories that analysts haveidentified in some counties.

3. With the assistance of legislativeleaders, reforms to Philadelphia’s trafficcourt continue, as do other systemicreforms throughout Pennsylvania’sFirst Judicial District.

4. The Office of Children and Families in the Courts’ measurableprogress to curb the dissolution of

families continues with 7,200 fewerchildren in the dependency systemsince 2006 and an annual savings of$117 million estimated last year by thestate Department of Public Welfare.

5. Veterans and those sufferingsubstance abuse or mental healthproblems continue to benefit fromnearly 100 problem-solving courtsstatewide. Cost savings and lowerrecidivism rates are additionalbenefits. The effectiveness of thesecourts will begin to be tested thisyear with a newly developed data-gathering system.

In addition to the judiciary’sextensive budget submission itselfand this statement, part of the judiciary’spresentation includes a handout thatdescribes the diverse activities ofPennsylvania’s court system. We hopethat it will further convey the seriouswork and significant contributions ofjudges and staff to foster a fair, timelyand accessible court system for all ofthe Commonwealth’s citizens.” ■

March 7, 2014 /

Having the right team makes all the difference

Labor & Employment AttorneysEmployment Litigation AttorneysPittsburgh, Pennsylvania(412) 338-1100www.rothmangordon.com

Back Row: Colleen Ramage Johnston, Stephen H. Jordan, James W. Carroll, Jr., and Alan C. Blanco Front Row: Louis B. Kushner, Nikki Velisaris Lykos, and Lori R. Miller

Though millions of cases flow through the system each year, Pennsylvania’sJudiciary receives less than one percent of the state’s total budget.

/ March 7, 2014

Transfer raises questions about adverse employment actionby Maria Greco Danaher

Can transferring an employee intoa position for which he had appliednine months earlier be viewed as an“adverse employment action” sufficientto support a claim of discrimination?

Robert Deleon, a 53-year-oldHispanic, was employed by the Kalamazoo County Road Commissionfor 28 years. He held the position ofarea superintendent and supervisedroad maintenance activities, roadcrews and repairs for over 10 years. In2008, he applied for the position ofequipment and facilities superintendent,viewing the job as one with potentialfor career advancement.

Although the superintendent positionwas primarily an office job, the jobdescription included a statement thatthe position included “exposure toloud noises and diesel fumes.” Basedon that fact, Deleon had planned toask for a salary increase, had he beena finalist for the position. He did notget the job, based largely on the fact thathis computer skills were insufficientfor the work.

The individual hired for the super-intendent position left shortly afterstarting the job and the position wasoffered to an external candidate, whodeclined it. In 2009, nine months afterhis original unsuccessful application,Deleon was directed into the positionwithout the choice to decline andwithout the requested raise. Accordingto the commission, the move was partof a larger reorganization.

Deleon moved into the positionwhich, according to another employee,was a “stinky environment,” akin to“sticking your head in an exhaustpipe.” The job also was described asmuch like sitting “in traffic behind acity bus...diesel fumes all the time.”After a short time on the job, Deleon developed bronchitis andother respiratory ailments.

In the superintendent position,Deleon had several disagreementswith his own supervisor who, Deleonbelieved, was setting him up to fail.After one fractious meeting, Deleonwas hospitalized for five days for stress.

Deleon followed that absence witheight months of leave under the Family

and Medical Leave Act. A psychiatristultimately cleared Deleon to return towork in August 2011, but the commissionhad already terminated him, stating thathe had exhausted all available leave.

Deleon sued the commission for age,race and national origin discriminationunder various federal statutes. Underall of the relevant laws, he had to show,as part of his prima facie case, that hehad suffered an “adverse employmentaction.” An adverse employment actiontypically is defined as a “materiallyadverse change in the terms and conditions of a plaintiff’s employment.”

The lower court granted summaryjudgment in favor of the commission,finding that Deleon’s lateral transferwas not an adverse action. Uponreview, the 6th U.S. Circuit Court ofAppeals disagreed and remanded thecase for trial, finding that a factualquestion exists as to whether transferringDeleon to a job for which he initiallyapplied would preclude him fromarguing that the transfer was anadverse action. (Deleon v. KalamazooCounty Road Commission, 6th Cir.,No. 12-2377, January 14, 2014).

The 6th Circuit held that a lateraltransfer may constitute an adverseaction, even in the absence of a demotionor other negative consequence, “solong as the particular circumstancespresent give rise to some level ofobjective intolerability.” Having sostated, the court then pointed out whatit believed to be sufficient evidenceupon which a jury could find thatDeleon’s work environment wasobjectively intolerable, including theregular exposure to diesel fumes.

The 6th Circuit did not make a finaldetermination that Deleon’s transferto the position for which he initiallyapplied was an adverse action. It simplysaid that a jury ultimately would haveto make that decision.

The 6th Circuit, however, did categorically refuse to state that aplaintiff ’s initial request to obtain aposition precludes that individualfrom subsequently alleging that hesuffered a materially adverse employmentaction when ultimately placed intothat same position. This is an issue worthwatching for new and possibly conflictingdecisions from other circuits. ■

Michael D. McDowell, Esq.Arbitrator and Mediator

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to practice by any court. Associate JDmembers shall be entitled to the rightsand privileges of active membersexcept that the associate JD membersshall not have the right to vote or tohold office in the association. Anassociate JD member may serve as avoting member of any committee, divisionor section of the association except thejudiciary and nominating committees.”

Lori McMaster, who chairs themembership committee, has a uniqueinsight into why the new categoriesare necessary since she serves asdirector of the Office of Professionaland Career Development at theUniversity of Pittsburgh School of Law.

“Given the increasing number ofJDs who are working in nontraditionalroles which fully leverage their legaleducation but for which formal baradmission is not required, the ACBArightly concluded that it made senseto revise our membership categoriesto encompass this aspect of the legalcommunity,” said McMaster. “Bothnationally and here in Pittsburgh, thefastest growing segment of the legalmarket includes JDs working innontraditional roles within businessor the public sector.

“Such positions include, but certainlyaren’t limited to, human resourceprofessionals; contracts administrators;and compliance, regulatory and healthcare experts,” she added. “The ACBAcan be a strong resource to suchprofessionals and it makes sense thatour membership categories reflectthis ‘new normal’ in the profession.”

McMaster said expansion of thebenefits to law students shows that theACBA realizes these young individualswant to be fully engaged with theassociation’s activities. The studentmembership during the time periodbetween when students graduate andobtain their bar results will be a valuableservice for those engaged in a job search.

Schnippert explained the changesthat were made to upgrade the lawstudent category. In order to be eligiblepreviously, law students had to attendschool in Allegheny County or be aresident of the county. Now, studentsattending any school accredited by theAmerican Bar Association are eligiblefor membership.

“We had requests in the past fewyears from people going to law schoolsin different parts of the country, butperhaps they had a spouse or familymember in Allegheny County and theyintended to come back to Pittsburgh,”said Schnippert.

ACBA MEMBERSHIP CATEGORIEScontinued from front cover

Membership for law students,which is only $30, now includes freeenrollment in two substantive lawsections and the right to choose upto three committees on which toparticipate. Law student membersare automatically enrolled in theYoung Lawyers Division, the Womenin the Law Division if they arefemale, and the Homer S. BrownDivision if they self-identify asAfrican-American on their membershipapplication form. Any law studentmember may join the WLD or theHSBD for free.

“Law students need to prepare fortheir careers earlier. If a student joinsthe bar association, it will enhancetheir career opportunities throughnetworking with our active members,”said Blaner.

McMaster also touts the benefits ofstudents joining the ACBA, especiallysince the legal profession is relationship-based with a need forattorneys to develop and leveragetheir professional relationships forbusiness generation and the acquisitionof deeper legal knowledge.

“For law students, becoming fullyacclimated into the professionnecessitates a level of immersion ornetworking that is significantly broaderand more strategic than has been

previously required,” she said. “I telllaw students that there are essentiallythree kinds of jobs for students: jobsthat have been posted online; jobs thatexist but will never be posted; andthose that do not yet exist and will notexist until the employer has thechance to meet the student and realizethe value he or she could bring totheir organization.

“A law student will not learn of thelatter two types of jobs unless he orshe is actively engaged within thelegal community,” added McMaster.“ACBA student membership affordsa unique and readily availableopportunity for law students tobecome immersed in their legal community and to learn how to effectively network. Whether thestudent intends to practice inAllegheny County or not after graduation, such skills are absolutelynecessary within the profession.”

Other changes made to the bylawsinclude such items as outlining howthe board will resolve ties that occurin elections; giving voting rights to ex-officio members of the board; recognizing the Membership Committee and the Amicus Curiae BriefCommittee as standing committees;and amending the publication notification requirements. ■

March 7, 2014 /

/ March 7, 2014

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federal government working harderon a daily basis.”

Deller said salaries and informationtechnology are the two biggestexpense categories for the bankruptcycourt. He stressed that the bankruptcycourt, the U.S. District Court for theWestern District and the U.S. ProbationOffice have established what hebelieves is the most comprehensiveshared administrative services plan inthe United States.

The district-wide shared servicesplan enables the courts and the probationoffice to share resources pertaining toprocurement, space and facilities,human resources, education andtraining, finance and budget, andinformation technology. Sharingpersonnel and resources is an alternativeto hiring additional staff. If anemployee is hired, the salary of thatperson can be shared among the entities.

Salaries and rent account for thebiggest expenses of the U.S. DistrictCourt. Chief Judge Joy Flowers Contisaid the district and its employees aredoing an excellent job containingcosts and providing quality services,despite the financial crunch.

The clerk’s offices for the DistrictCourt in Pittsburgh, Erie and Harrisburgare authorized to have a total of 70employees, but the number is currentlyonly 56. These numbers are only forthe clerk’s offices and not the judgesor judicial staff. When people retire

or leave for other reasons, they arenot replaced. Early retirement hasbeen encouraged.

For the fiscal year that began onOct. 1, 2013, the salary allotment tothe clerk’s office budget in the districtwas reduced by 3.3 percent, but thestaff for judges was not impacted.

“The District Court Clerk’s Officereceives a salary allotment based onthe funding formula,” said RobertBarth Jr., clerk of the court in Pitts-burgh. “Depending on currentsalaries of employees, money mayneed to be reprogrammed into thesalary account in order to meet payroll,thereby reducing funds available forother court needs.”

Conti commends employees fortheir dedication and quality work.

“People are under pressure to dotheir own jobs and part of someoneelse’s,” said Conti. “Ultimately, it mayaffect quality of services, but our stafftries very hard to do the best jobpossible. The employees have not hadraises for three years, so they aredoing more work for no extra pay.”

Conti said the district is exploringvarious cost-cutting measures aimedat saving money and jobs. For example,the cyclical replacement of equipmentis being extended. If a piece ofequipment would normally bereplaced after seven years, it is beingpushed back to 10 years.

The amount of money judges spendon library resources has also beenreduced. Each judge used to enjoyan annual library budget of $10,000,

JUDICIARY FUNDING CRISIScontinued from page 3

but the number has been cut toapproximately $4,000.

Conti said rent is a major expensefor the courts. Although the courts areoperating at 2010 funding levels, therent keeps climbing. There has alsobeen a 24 percent district-wide cutto non-salary accounts, includinginformation technology, furnitureand supplies.

The Lawyers’ Advisory Committeefor the U.S. Court of Appeals for the3rd Circuit has compiled a list of keyfacts about the federal court funding.According to the committee’sresearch, flat funding for FY 2014would cause an estimated loss of 1,800jobs in the judiciary. Added to staffingreductions associated with the overallcost-containment strategy, this wouldequal a loss of almost 4,000 jobs, or 22percent of the staff in clerk’s officesand probation/pretrial services sinceJuly 2011.

The monetary pain has also beenfelt by federal public defender officesthroughout the country. Lisa Freeland,the federal public defender for theWestern District, said her officeimplemented furloughs to combat a 10percent budget cut in FY 2013.Employees have been furloughed atleast one day each pay period.

Trying to do more with fewerresources has resulted in case delays.

Freeland said $21 million of the$26-million increase provided in theOctober 2013 budget deal went tocover the cost of payments that hadbeen deferred at the end of FY 2013

for Criminal Justice Act (CJA) panelattorneys. The remaining $5 millionwas allocated on a pro rata basis todefender offices.

“We received 1 percent of our FY2014 approved budget, which reducedour overall cut from 9.35 to 8.35percent,” said Freeland. “We receivedapproximately $75,000 in additionalfunding. Based on the 8.35 percent cut,I laid off one attorney and one memberof my support staff. I had one otherattorney leave voluntarily and I’ve notbeen able to replace him. I also planneda maximum of 26 furlough days.

“I hope to eliminate some or all ofthe remaining furlough days andreplace needed staff in light of thefunding agreed upon by Congress, butwe are still waiting to find out howmuch will be allocated to federal publicdefender offices generally and ouroffice in particular,” added Freeland.“Since the beginning of calendar year2013, I am down seven employees, orapproximately 14 percent. My Erieoffice has no investigator on staff andI am in desperate need of hiringone, as well as several other openpositions, all of which were approvedbased on workload.”

Freeland said her office beganundertaking aggressive cost-cuttingmeasures well before the sequesterand will continue to do so.

“We hope we will not have torely on furloughs and layoffs to cutcosts because they, unlike many othermeasures, threaten our ability to provideproper representation,” she said. ■

March 7, 2014 /

Tom Loftus, ACBA Director of Marketing and Media Relations, and Laurel Selep, marketing intern at the ACBA, assist volunteer attorney Mary Gibson(right) as she offers students at Fairview Elementary School a valuable lesson from the ACBA’s “This is a Joke – Making Fun of Others is Not!”anti-bullying program.

/ March 7, 2014

Appellate Advocacy Practicum

w w w. p b i . o r g 8 0 0 - 9 3 2 - 4 6 37

Supreme Court Courtroom, Eighth Floor, City-County Building, 414 Grant Street1:00 p.m. – 4:15 p.m.; check-in begins at 12:30 pm

Followed by a reception with the judges and advocates

Course PlannersOral Argument in the Superior CourtWhether you have never argued before the Superior Court or have

improving appellate advocacy for all lawyers. With an emphasis on practical knowledge, the course will teach the “ins and outs” of oral advocacy before the Superior Court. You will witness two oral arguments (one criminal and one civil) from some of the best advocates in the area and hear the panel’s candid critique and suggestions for effective arguments.

The formal program will include time for questions and answers and will be followed by a wine and cheese reception with the panelists.

Honorable Judith Ferrence Olson

SUPERIOR COURT OF PENNSYLVANIA PITTSBURGH

Honorable Christine L. Donohue

SUPERIOR COURT OF PENNSYLVANIA PITTSBURGH

Hon. Mary Jane BowesSUPERIOR COURT OF

PENNSYLVANIA PITTSBURGH

David R. Fine, Esq.K&L GATES LLP HARRISBURG

PBI is pleased to cosponsor this program with theAppellate Advocacy Committee of the Pennsylvania Bar Association

Kandice Kerwin Hull, Esq.

MCNEES, WALLACE & NURICK, LLC HARRISBURG

Learn the practical ins and outs of appellate practice that only experience teaches from judges and experienced civil and criminal appellate litigators.

Whether you have argued 100 times before an appellate court

opportunity to observe live appellate arguments.

One civil and one criminal argument will be presented to a panel of appellate court judges by some of the best advocates in the area.

Candid critiques and suggestions for effective oral arguments will be delivered by the panel of judges. You will have the opportunity to ask questions of the advocates and judges.

The program will be followed by a wine and cheese reception. Meet the judges, discuss the cases, get to know your colleagues- a great networking opportunity.

Judicial Faculty

Honorable Mary Jane BowesSUPERIOR COURT OF

PENNSYLVANIA PITTSBURGH

AdvocatesJohn K. Gisleson, Esq.SCHNADER HARRISON SEGAL & LEWIS LLP, PITTSBURGH

Kevin F. McCarthy, Esq.ALLEGHENY COUNTY DISTRICT ATTORNEY’S OFFICE, PITTSBURGH

Suzanne M. Swan, Esq.CHIEF, APPELLATE DIVISION, OFFICE OF THE PUBLIC DEFENDER ALLEGHENY COUNTY, PITTSBURGH

Court Administrative PersonnelNicholas V. Corsetti, Esq.DEPUTY PROTHONOTARY, SUPERIOR COURT OF PENNSYLVANIA

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March 7, 2014 /

Lawyers’ MartPennsylvania. For more information contact the Foundationat www.pghpresbytery.org/pghpresbyterianfdn.htm orRev. Dr. Douglas Portz at 412-323-1400 Ext 318.

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INSURANCE PROPERTY CLAIM EXPERT – First andthird party claims. Licensed insurance adjuster and public adjuster. Rob Massof (412) 563-6670, [email protected].

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RICHARD H. LINDNER. Advice to attorneys on legalethics matters. Services relating to disciplinary andreinstatement proceedings, Client Security Fund matters, and Bar admission applications. Admitted in PA (1978) and WV (1993). 412.283.1006. LindnerEthics.com.

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ESTATE PLANNING

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Continuing Legal Educationsponsored by the ACBA

ENVIRONMENT & ENERGY LAW SECTIONPros and Cons of Marcellus Shale Development

Russell Schetroma, attorney and advocate for the development of the Marcellus Shale,and Joe Osborne, Legal Director of the Group Against Smog and Pollution, will give brief

introductions of themselves and their backgrounds and what they see as the future of Marcellus Shale development. The speakers will then field questions from the audienceconcerning Marcellus Shale development, air quality concerns, and the potential effects

of pending regulations.

Credits: 1 hour Substantive CLE credit • When: Thursday, March 13, 2014; Registration: 11:30 a.m.;12:00 p.m. - 1:00 p.m. • Where: ACBA Conference Center Auditorium, 920 City-County Building •Cost: $30 for Environment & Energy Law Section members, $40 for ACBA members, $50 forNon-ACBA membersLast date to pre-register: Tuesday, March 11, 2014 10:00 a.m.

INSTITUTE FOR GENDER EQUALITYCommunicating Your Value: The Art of Self-Promotion

The ability to effectively communicate the value you bring to your clients and prospectiveclients and to your firm is essential to success as a lawyer today. It is a communication skill

that must be developed and practiced and one that may present unique challenges forwomen. Self-promotion can do more harm than good if not performed with the necessaryskill and subtlety. If you feel embarrassed when tooting your own horn and wonder how

you can let your partners, clients and prospects know about your accomplishments without seeming like a braggart, this program is for you. Participants will explore the art of self-promotion and will learn how promoting themselves gracefully can lead to moreclients and greater success. Learn how to effectively tell your unique story and promote

your value in an authentic way to anyone at any time while walking the fine line betweenshameful and shameless self-promotion.

*Lunch will be served.

Credits: 2 hours Substantive CLE credit • When: Thursday, March 20, 2014; Registration: 11:30 a.m.;12:00 p.m. - 1:00 p.m. • Where: ACBA Conference Center Auditorium, 920 City-County Building •Cost: $100 for ACBA members, $125 for Non-ACBA membersLast date to pre-register: Tuesday, March 18, 2014 10:00 a.m.

LEGAL TECHNOLOGY &E-DISCOVERY COMMITTEE

Technology: Competence, Confidentiality, & Risk ManagementToday’s technology provides great benefits to attorneys, including productivity, efficientworkflow, mobility, rapid – often instantaneous – communications, and unprecedented

access to information. Recent amendments to the Pennsylvania rules of Professional Conduct require attorneys to be competent in technology and to take reasonable measuresto safeguard confidentiality in using technology. This session will explore the benefits andrisks of attorneys’ use of current technologies along with best practices for identifying and

addressing the risks

*Limited to the first 100 registrants. *Brown Bag Lunches are welcome.

Attend this program and receive a 7.5% risk control premium credit per attorney on the ACBA Sponsored Lawyers’ Professional Liability Insurance Policy underwritten by CNA. The credit is

applied at the next renewal date and is good for two consecutive policy terms.

Credits: 1 hour Ethics CLE credit • When: Tuesday, March 25, 2014; Registration: 11:30 a.m.; 12:00 p.m. - 1:00 p.m. • Where: ACBA Conference Center Auditorium, 920 City-County Building •Cost: $15 for ACBA members, $50 for Non-ACBA membersLast date to pre-register: Friday, March 21, 2014 10:00 a.m.

Registration information for all programs unless otherwise noted: Mail in registration form with payment to the ACBA CLE Department at 400 Koppers Building, 436 Seventh Avenue, Pittsburgh,Pa. 15219. Credit card registration is also available at www.acba.org/lrxweb/clereg1.lrx.

In MemoriamGeorge I. Buckler

George I. Buckler died on Jan. 25 atthe age of 91. He was a graduate ofBoston Latin School, Harvard Universityand Harvard Law School. He was alieutenant in the Navy in World WarII, serving in England. Upon hisdischarge, he married Leah Herrup.He moved to Pittsburgh and earned amaster’s degree in economics at theUniversity of Pittsburgh. George thenentered into his law practice. For over50 years, he was a partner at Meyer,Darragh, Buckler, Bebenek and Eck.He was a respected attorney whosemild manner masked a formidablepresence in court. He is survived byhis beloved sister, Lillian Goldin (late Hy);his brother-in-law, William Herrup;and his devoted nieces, Ellie Chella(Paul) and Janet Slifkin; and numerousgreat-grandnephews and nieces.

Blair S. McMillin

Blair S. McMillin of Mt. Lebanondied Jan. 27 at the age of 78. He wasborn on May 7, 1935 in Monongahela,Pa. He was the beloved husband for 53years of Judy; father of Barbara,Douglas and James. Blair was a graduateof Wilkinsburg High School, theWoodrow Wilson School of PrincetonUniversity and the University ofPittsburgh School of Law. He servedin the U.S. Army. Blair spent his entirecareer at Reed Smith and served onthe management and executivecommittees and as director of legalpersonnel. He was the head of theenvironmental group for 15 years. Hewas selected for Best Lawyers inAmerica in the category of naturalresources/environmental from theinception of that category untilretirement. Blair was a member of theACBA, PBA and ABA. He was also amember of the Third PresbyterianChurch and served several terms asclerk of session and chairman of theBoard of Trustees. He also served twoterms as president of the HarvardYale Princeton Club and as a trusteeof the Clan Donald Educational andCharitable Trust. He was also a memberin English and American groupsstudying the novels and poetry ofThomas Hardy. He regularly traveledto England to attend conferences atthe sites of Hardy’s novels.

Clayton A. Sweeney

Clayton A. Sweeney died on Jan. 27at the age of 83. Born in Pittsburgh onOct. 20, 1931, he was the son of DenisRegis and Grace Frances (Roche) Sweeney,and the brother of Marguerite Clohisy,Rosemary Flynn, Marygrace Stafford,Lorraine Wagner, and the lateCathreen Sweeney, Cecile Donoghue,and Rev. Denis Sweeney. Clayton mar-ried his wife Sally Dimond on Oct. 4,1958, and they raised six childrenduring their 46 years of marriage:Sharon, Lorrie (Michael Zupon),Maureen (Fritz Bauerschmidt), Clayton,Tara (Jack Hughes), and Megan(Michael Carlin). He was also thebeloved Papa of 10 grandchildren:Douglas Carmody; Ryan, Matt, andSarah Zupon; Thomas, Sophia, andDenis Bauerschmidt Sweeney; and

Betsy, Liam, and Emma Hughes. Claytonearned his bachelor’s degree fromDuquesne University in 1957 and hisL.L.B. from Duquesne University in1962. He was admitted to the Bar ofPennsylvania in 1962 and the Bar ofthe U.S. Supreme Court in 1968. Duringhis career as a renowned lawyer andbusiness executive, he was a partnerat the law firm of Buchanan, Ingersoll,Rodewald, Kyle and Buerger (1962-78); senior vice president of AlleghenyLudlum Industries, Inc. (1978-81);executive vice president and chiefadministrative officer of AlleghenyInternational, Inc. (1981-84); vicechairman of Allegheny International,Inc. (1984-85); partner, managingdirector, and board member of Dickie,McCamey & Chilcote (1986-98); presidentof Sweeney Metz Fox McGrann &Schermer (1998-2000); and partner atSchnader Harrison Segal & Lewis,Pittsburgh (2000-2012). Clayton was amember of the board of directors forWilkinson Sword Group Ltd., U.K.;Landmark Savings and Loan Association;Liquid Air North America; HalboutyEnergy Co.; Koppers Holding Corp.;Koppers Industries, Inc.; SchaeferManufacturing, Inc.; Schaefer Marine,Inc.; and Schaefer Equipment, Inc. Healso served as an adjunct professor atDuquesne University School of Law, alecturer at the Pennsylvania BarInstitute, and a member of theprocedural rules committee of theSupreme Court of Pennsylvania. As atestament to his many accomplishments,he was named a DistinguishedAlumnus of the School of Law atDuquesne University, and he was namedone of the 100 Most DistinguishedLiving Alumni by the DuquesneUniversity Century Club.

Clayton’s distinguished professionalcareer was matched by his equallydistinguished record of communityservice. He generously served aschairman of the board of directors atSeton Hill College, St. Francis MedicalCenter, and DePaul Institute, and heserved as a member of the board ofdirectors for numerous organizations,including Emmaus Community ofPittsburgh, Advocates for Survivors ofTorture and Trauma, St. ThomasMore School, the MetropolitanPittsburgh Public Broadcasting, Inc.,Diocesan School Board, RomanCatholic Diocese of Pittsburgh, TonerInstitute, Christian Associates ofSouthwestern Pennsylvania, WesleyInstitute, Inc., Junior Achievement ofSouthwest Pennsylvania, and theYMCA of Western Pennsylvania.

During his later years, when herelocated from Pittsburgh to BemusPoint, NY, he remained active by servingas chairman of the Board of Directorsof the American Red Cross of South-western New York, co-chair of theNew York State Council of the AmericanRed Cross, chairman of the EducationCommittee at the Robert H. JacksonCenter, chairman of the Bemus PopsFoundation, and a member of theJamestown Rotary Club.

In his leisure time, Clayton was anavid cyclist, choir member, Steelersfan, and maker of silly rules forhis grandchildren to break. Most ofall, he loved spending time withfamily and friends in the LakeChautauqua region.

Publicize Your Section and Committee News!The ACBA Communications Department is eager to promote any special activity or newsworthy event emanating from yourCommittee or Section of interest to ACBA members, the media, or the general public. Email us at [email protected] with thefollowing information:◆ Name and description of the event ◆ Date, time, and place of the event◆ Name(s) of the sponsoring Section/Committee(s) ◆ Name(s) of speakers and titles of presentations◆ How many people do you expect to attend? ◆ Name and phone number of a contact person◆ Will there be an admission fee or ticket sales? If so, how much? ◆ Are reservations needed to attend the event? ◆ Is there any other information you would like to share with us?Thank you for your cooperation! ■

/ March 7, 2014

Divorce attor-ney Brian C. Vertz,partner of familylaw firm PollockBegg KomarGlasser & VertzLLC, recentlyreceived his cer-tificate as a familylaw arbitratorfrom the AmericanAcademy of Matri-monial Lawyers(AAML). With this

credential, Vertz can offer arbitrationservices to estranged couples seekinga more confidential, swift, and sophisticated option to resolve theirdivorce without litigation and out ofthe general court system. Vertzreceived the certificate from theAAML after completing an intensivetraining course and submitting amodel arbitration award for evaluationby a panel of leading family law arbitrators from across the UnitedStates. He focuses much of his practiceon complex financial issues in family law.

People on the MoveLeech Tishman

Fuscaldo & LamplLLC recently wel-comed Kelly E.McCauley to thefirm as an associ-ate in the EnergyPractice Group.She focuses herpractice primarilyon oil and gas titleexamination.

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Houston Harbaugh, P.C., hasannounced the election of Michael J.Dempster, Mary-Jo Rebelo, and AlexW. Thomson to its 2014 ExecutiveCommittee, which is responsible forthe overall management of the firm.Dempster concentrates his practice in

News and NotesFamily law

attorneys CandiceL. Komar, foundingpartner, andStephanie L.Jablon, seniorassociate, of Pol-lock Begg KomarGlasser & VertzLLC, recentlyreceived certifica-tion in mediation,allowing the firmto offer mediation

services to clients in addition to litigation.Komar and Jablon completed 40 hoursof training and were granted certificationthrough the Association of ConflictResolution, the nation’s largestprofessional association for mediators,arbitrators, educators, and other conflictresolution practitioners.

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Buchanan Inger-soll & Rooney PChas announcedthat counselChristopher A.Amar has beennamed to theBoard of Directorsof Pressley Ridge,a nonprofit organi-zation that pro-vides multipleservices to keepchildren and families

together in order to help youths withchallenging behaviors to remain intheir homes, schools, and communities.Pressley Ridge is a nonprofit organizationfounded in 1832, which offers innovativeprograms in Delaware, Maryland,Ohio, Pennsylvania, Virginia, andWest Virginia. Amar’s practice focuseson complex commercial litigation atboth the trial and appellate levels.

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Bar Briefscorporate and commercial transactions,including real estate development.Mary-Jo Rebelo concentrates herpractice in the areas of commerciallitigation and employment law. Thomsonconcentrates his practice in the areaof business law and heads the firm’sCorporate Department. In addition,firm officers were elected as follows:Alex W. Thomson as president, JohnM. Hartzell Jr. as treasurer, andJames R. Carlisle II as secretary.Hartzell concentrates his practice inthe areas of estate planning and estateand trust administration, and headsthe firm’s Estates and Trusts Group.Carlisle is the head of the firm’s BusinessOwner Exit Planning Group and adirector in the Corporate Department.He specializes in structuring, negotiatingand closing mergers, acquisitions,divestitures and reorganizations, andhe serves as corporate counsel forregional, national and internationalprivately-held companies.

◆ ◆ ◆

Leech TishmanFuscaldo & LamplLLC recently wel-comed Robert F.Schultz to the firmas counsel in the Employment Practice Group.He focuses hispractice on allaspects of labor-related legal representation.

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Goehring, Rutter & Boehmannounced that Jeffrey R. Hunt,Megan M. Ott, and Joseph W. Gramcare now shareholders. Hunt is a memberof the firm’s Business Law and EstatePlanning & Administration Groups.He counsels clients in a broad array ofcorporate matters, structures andimplements estate plans, establishesfamily limited partnerships, and formulates business succession plans,

and representslocal taxing bodiesand governmentalagencies with regardto bankruptcy relat-ed matters. Ott is amember of thefirm’s School &Municipal LawGroup. She repre-sents local agen-cies in all mattersof organization,legislation, finance,

compliance, and labor and employmentlitigation. Gramc is a member of thefirm’s Business Law, School & MunicipalLaw, and Municipal Creditors RightsGroups. He works extensively onbehalf of many municipalities withinthe state to oversee the filing, collection,and enforcement of municipal liens,claims, and taxes.

◆ ◆ ◆

The law firm ofThomas E. Crenney& Associates, LLChas moved theiroffices to 2605Nicholson Road,Building 2, Suite203, Sewickley, PA15143. Their num-ber is 412-644-5545. The firmhandles medical

malpractice, product liability, nursinghome negligence, automobile accidents,and all other personal injury cases.

Brian C.Vertz

Candice L.Komar

ChristopherA. Amar

Jeffrey R.Hunt

Joseph W.Gramc

Megan M.Ott

Kelly E.McCauley

Robert F.Schultz

Thomas E.Crenney

acba offers new membership categories and expands perks ...will become effective july 1. initial...

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