The Berks Barrister Spring 2023

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BOARD OF DIRECTORS

GABRIELA G. RAFUL, President

KAREN H. COOK, President-Elect

DANIEL C. NEVINS, Vice President

NIKOLAS D. CAPITANO, Secretary

PAUL F. TROISI, Treasurer

HON. TONYA A. BUTLER, Director

SARA R. HAINES CLIPP, Director

JAY M. KURTZ, Director

AMY J. LITVINOV, Director

LAUREN M. MARKS, Director

MARK E. ZIMMER, Director

JAMES M. SMITH, Immediate Past-President

LAUREN P. BUTTERWORTH, President YLS

BAR ASSOCIATION STAFF

KORI A. WALTER, Executive Director

ROSE M. JOHNSON, Law Journal Secretary/Office Manager

COURTNEY MORSTATT, Publications & Marketing Coordinator

LUCY BRITO, Community Service Manager

J. CHADWICK SCHNEE, Law Journal Editor

VALERIE KRAMER, Law Journal Assistant Editor

MATTHEW M. MAYER, Barrister Editor

Please submit materials or comments to: Berks County Bar Association 544 Court Street, P.O. Box 1058 Reading, PA 19603-1058

Phone: 610.375.4591

Fax: 610.373.0256

Email: info@berksbar.org

www.berksbar.org

Thank You

Our thanks are extended to the numerous people who have contributed to The Berks Barrister Your time, energy and efforts are sincerely appreciated.

Content for Spring 2023

THENEEDFORA MOREDIVERSEJURY

It is with much humility and gratitude that I write my first “Opening Statement” column as the 90th President of the Berks County Bar Association. During the Annual Meeting in October, I shared my vision for the upcoming year. In case you missed my remarks, the text of my speech was printed in the Winter 2023 Issue.

While I’m working with my colleagues on the Board of Directors and Bar Association staff on a number of initiatives, including reforming our Lawyer Referral Service, reviewing of the association’s bylaws, and expanding community outreach, I want to focus this Opening Statement on our main theme for 2023: Jury Diversity Awareness.

Berks County is a melting pot where 31.3% of residents are racially diverse. And 96.4% of those residents are United States Citizens. This statistic is relevant when it comes to jury duty, as only U.S. citizens may serve on a jury. The numbers are surprising when considering the lack of diversity in our jury boxes. Have you had a jury composed of 30% racially diverse members? I almost want to bet that we often cannot find a pool of 30% diverse potential jurors. But why is jury diversity an important topic?

Data shows that having a diverse jury is one of the most fair and effective ways to secure not only a just verdict but also to reflect the community. The Sixth Amendment provides a right to be judged by a jury of one’s peers. A jury of one’s peers serves as that community’s conscience.

Last year, when researching the reasons why we rarely encounter a diverse jury, I came across a law review article by the

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Gabriela G. Raful, Esquire 2023 President

Hon. Juan Sanchez, Chief Judge of the U.S. District Court for the Eastern District of Pennsylvania. Sanchez is the first Latino to serve as Chief Judge of the Eastern District. The article can be found on the Temple Law Review website at https://tinyurl. com/4zaapuun.

The article provides examples of empirical evidence that increased jury diversity affects deliberations and trial outcomes. The studies consistently show that diversity has a positive impact on deliberation and (1) leads to fewer errors; (2) engages more thorough deliberations; and (3) eliminates bias and prejudices during deliberation process. Another study cited by Chief Judge Sanchez found that diverse juries “deliberated longer and considered a wider range of information than racially non-diverse juries.” As one study showed, racial diversity is an ingredient for superior performance.

One may ask for a specific example of how a diverse jury may impact the outcome of a case. According to Chief Judge Sanchez, a jury’s perspective on the credibility of a witness may hinge upon their own cultural experiences. For example, many individuals from Latino and Asian cultures avoid eye contact to show respect and deference, whereas in Western culture, avoiding eye contact is often viewed as a sign of dishonesty and deception. If a jury lacks diversity, there is an increased chance that jurors may misinterpret critical cultural cues when some witnesses are testifying. Often, these cultural miscommunications sway the outcome of the case and, sometimes, forever change the lives of a defendant and their family members.

I recall early in my career explaining that a Latino witness’s lack of eye contact was a sign of respect and not a sign that the witness may be lying. I have since, with the Administrative Offices of Pennsylvania Courts (AOPC), created a seminar for judges on Cultural Competency and discussed this very example of lack of eye contact in certain cultures.

Despite the importance of jury pool diversity, a lack of diversity continues to be a persistent problem. As explained in Chief Judge Sanchez’s article, the reasons for lack of diversity fall into two categories: process-related barriers and juror-centric barriers.

Some examples of process-related barriers include the court’s jury selection policy or lack of policy, the use of voter registration polls to populate a jury pool, and the prohibition on jury service by individuals with certain felony convictions.

A significant concern of mine, and where most of my focus will be this year, concerns juror-centric barriers. The juror-centric barriers include individual attitudes towards jury duty in addition to the economic hardship that jury duty may cause. Potential

jurors may choose not to return their jury service questionnaires, fail to report to jury selection because they cannot afford to take time away from work, and decline to be part of a justice system they perceive as unfair.

To address these obstacles and to ensure that the jury reflects the community that it serves, Chief Judge Sanchez created a jury diversity subcommittee. The Hon. Jeffrey L. Schmehl, U.S. District Court Judge of the Eastern District of Pennsylvania and former President Judge of the Court of Common Pleas of Berks County, is part of the Eastern District's subcommittee striving to increase jury diversity. The four-part jury plan for the Eastern District of Pennsylvania is as follows: (1) add more names from the source list (i.e., the voter registration list) to the master wheel. A larger and more inclusive master wheel represents various characteristics of the community, allowing for greater representation; (2) increase the frequency with which the court conducts change of address checks to remove those who have passed away, changed addresses, or moved out of the district; (3) send a juror qualification questionnaire to a random different address in the same zip code, if the original questionnaire is unreturned; and (4) develop and implement a strategic and vigorous community outreach and education program to educate potential jurors about the importance of jury duty and the value of civic engagement.

The Bar Association has begun the work to overcome these juror-centric barriers. We are publishing an educational advertisement and contributing articles about the importance of jury diversity in predominantly Hispanic and Black news media outlets. We are working with partner organizations, both in the nonprofit and private sector, in educating and promoting active participation of minorities in jury duty. While this is a process that will certainly require more than a year to see any results, I am excited for what we are doing and what is coming up for the remainder of this year.

I am pleased that Chief Judge Sanchez and Judge Schmehl will be participating in our Bench-Bar Conference on April 19 at the DoubleTree Hotel in downtown Reading. The federal judges will present a panel discussion on the importance of jury diversity and what specifically the Eastern District of Pennsylvania is doing to address this topic.

In conclusion and as explained by Chief Judge Sanchez in his article “As the Supreme Court recognized then in Taylor v. Louisiana, and as is true today, jury diversity and inclusion strengthen our legal system and promote the fair administration of justice.” It is my hope that our Bar Association and its members can see the need to diversify our juries as an opportunity to strengthen our judicial system.

LET US BE YOUR GPS.

Meet the New Board Members

Daniel C. Nevins

Role on the Board: Vice President

Term: 4 years

About Dan: Dan began practice in Berks County in 2005 as a member of the Berks County Public Defender's Office. In 2009, he opened the law office of Ebner, Nevins & McAllister on Court Street in Reading.

Dan focuses his practice in Criminal Defense and trial advocacy. Dan graduated from the Dickinson School of Law, where he met his wife, Jennifer, a shareholder with Stevens & Lee. They live with their son, Sam, and their dog, Sophie, in the Wilson School District. Dan has volunteered in the community coaching youth sports and serving on several non-profit boards. Major interests include running, fitness and wellness.

Best-kept secret about our bar association: The receptiveness on the part of the leadership and staff to the great ideas brought forth from all areas of our membership. From CLE topics to event ideas to the creation of new committees, our membership has a blank slate to create value for themselves and their colleagues, while the leadership and staff can help with implementation.

Reason for volunteering as a bar leader: I love being a lawyer and a member of our Bar. There is no better way to enhance the experience of practicing law than by active participation in our Association. Having the chance to become a leader is a natural outgrowth of that involvement. I'm excited about supporting Gabby Raful and then Karen Cook as they lead us during their Presidential terms.

Jay M. Kurtz

Role on the Board: Director

Term: 3 years

About Jay: Jay hopes to bring to the board his philosophy of approaching challenges pragmatically with optimism. He believes an organization is strongest when its members are invested in community success, and its leaders are dedicated to the success of the members. Jay’s perspective grew from the unique and diverse experiences in his background.

Currently, he serves as the Hon. J. Benjamin Nevius’s law clerk where he must attempt to remain familiar and current with nearly every area of the law before the Court of Common Pleas. The lengthy fruits of his research and writing can frequently be found in the pages of “The Berks County Law Journal.” Previously, Jay was a partner in a small firm in Montgomery County, where he focused on litigation. He began his legal career as an assistant district attorney.

Prior to law, Jay worked for several years as a newspaper journalist in Reading and on the Main Line outside of Philadelphia. He has received awards for his writing both as a professional and as a student. He has also done everything from teaching in local schools to minor league stadium maintenance to playing in a rock’ n roll band.

Jay holds a Juris Doctor from Temple University, a BA in English from Kutztown University, and an AA from Reading Area Community College. He is a graduate of Gov. Mifflin High School. Jay has been most recently active in the bar association managing its softball team to two league titles over the last four seasons. He has also served as a mentor for students in the Law Explorers program.

Best-kept secret about our bar association: The more you get involved with the bar association, the more you get out of it.

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During the Annual Meeting last fall, the following attorneys were appointed to the Berks County Bar Association Board of Directors.

Meet the New Board Members HOP on the Spring Market!

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Continued from page 9

Sara Haines Clipp

Role on the Board: Director

Term: 3 years

About Sara: She was born and raised in Berks County, attending Gov. Mifflin schools until she moved to Tarpon Springs, Fla. her freshman year of high school. She went on to attend the University of South Florida where she earned a Bachelor of Arts degree in Political Science with a minor in Business. She received a full scholarship through the Bright Futures Scholarship program. She was a member of the Honors College where she researched and drafted an article entitled “A Comparative Political Analysis: Women in Positions of Executive Power.”

Sara attended Nova Southeastern University’s Shepard Broad Law Center located in Ft. Lauderdale, Fla. There she joined the Children and Families Clinic where she helped lowincome clients with their custody, support and divorce issues, thereby allowing them equal access to the justice system. Sara excelled in this specialty program and once again graduated ahead of schedule.

Sara joined Rowe Law Offices, P.C. in early 2014 after working as a Family Law Attorney in Lancaster County. Sara is admitted to practice in Pennsylvania and the United States District Court for the Eastern District of Pennsylvania. Sara was also admitted to Bar of the U.S. Supreme Court on her 30th birthday.

Sara is an active member of the Berks County Bar Association and currently serves as the co-chair of the Family Law section and previously served as president of the Young Lawyers Section. Sara is the Berks County coordinator for the Wills For Heroes Program. She co-planned the first Wills for Heroes event in Berks County in many years where they provided free estate planning for over 50 veterans and first responders. Sara also helped with the Law Explorers program teaching young minds about the law.

Sara married her husband, Alex-Jan, in 2015 and they had a daughter, Adriana, in 2017. In her spare time, Sara enjoys spending time with family and friends, traveling and reading. Reason for volunteering as a bar leader: I enjoy helping and contributing to our legal community.

Count on our qualified professionals for the trust, tenure and talent you can take confidence in—for the long term.

Lauren P. Butterworth

Role on the Board: Young Lawyers Section President

Term: 1 year

About Lauren: Lauren is a Berks County native and a graduate of Penn State University where she earned a Bachelor of Science degree in Elementary Education. She was an elementary school teacher in Berks County before attending law school. Lauren earned a Juris Doctor from Widener Commonwealth Law School. She is a solo practitioner, focusing on assisting families with children with special needs to establish life-care plans for their children’s futures. Lauren has been a member of the Young Lawyers Section since being admitted to the Bar in 2018.

Integrity,

610-376-7418

Martin A. Darocha, CPA marty@mdarochacpa.com Juliedy Francabandera, CPA Hablo Español julie@mdarochacpa.com 38 East Lancaster Avenue, Shillington, PA 19607 PH: 610.775.7655 • FAX: 610.775.7655 www.mdarochacpa.com Martin A. Darocha, CPA Tax and Accounting Services for Individuals and Their Businesses, Estates and Trusts. Old fashioned values and service, up to date knowledge and advice!

Your Voice in Harrisburg

The PBA’s Legislative Advocacy is a Valuable Member-Benefit and Critical to the Legal Profession

By Anna Malcein King, Esquire

PBA membership has many benefits, but in our humble opinion, one of the most valuable is the representation of your interests before the Pennsylvania General Assembly. Now and then, we like to make sure our members understand the advocacy work that we do, what makes it possible, and why it’s so important. We also strive to keep you updated on what we’ve been up to on your behalf, and the beginning of a new legislative session is a perfect time to do both, with a look back over the last two years and ahead to the next two.

Among the PBA assets are a friendly and hardworking Legislative Department and a PAC, which - in consultation with the PAC Board - the legislative team puts to judicious use. The first thing to understand about PACs is that everyone has one, from the bankers to the farmers. In terms of size (i.e. wealth), many of them dwarf PBAs; we have what you might call a “relationship PAC,” rather than an “influence PAC.” We use PAC funds to attend events and make contributions that allow us to mix and mingle with elected representatives and legislative staff. These are all opportunities to get to know the people who make policy and to make sure they think of us as a resource for legal expertise and consultation. Without the PAC, and the relationships it allows us to develop, we simply could not be effective in advocating for our positions.

Every session brings its unique opportunities and challenges. One challenge we’ll be facing this session is an historic turnover.

More than 25 percent of the members are new, which means we have a lot of people to get to know!

Two years ago, at the beginning of the 2021-22 session, the first challenges came in the form of legislation in both chambers that PBA opposes. In the Senate, “Kayden’s Law,” a wellintentioned child custody bill, was reintroduced for the third straight session and was promptly reported out of the Senate Judiciary Committee. We worked in close consultation with our Family Law Section and with Senators Santarsiero (D) and Baker (R) to negotiate an amendment that would allow us to support the bill.

While we sought to persuade and compromise in the Senate, we also communicated our concerns in the House. This helped to ensure, when the bill was referred to the House Judiciary Committee in a form we ultimately could not support, that it proceeded no further. While the lack of support in the House meant the bill failed last session, we know that’s not the end of this story. Due to the sensitive nature of the subject matter and dedication of the prime sponsors, the bill will almost certainly be back this session. We are optimistically continuing to work in good faith with our friends in the Senate on the language.

While the Senate was reintroducing Kayden’s Law, the House started out last session by reintroducing a proposed constitutional amendment establishing judicial districts for the appellate courts. The proposed amendment had passed both chambers in the

previous session, which meant that it would be on the ballot as a referendum if it passed again in the 2021-22 session. Ultimately, the measure never received consideration beyond the House Judiciary Committee, which means it is effectively dead. That’s good news for PBA, which formally adopted a position in opposition to the initiative in March of 2020.

While the judicial districts joint resolution posed the most immediate threat, it was far from the only problematic proposed constitutional amendment last session. In fact, “messing with the judiciary” seemed to be a popular theme in the House. Other proposed constitutional amendments included one that would have allowed the legislature to usurp the Supreme Court’s authority to govern the conduct of courts, practice and procedure, and rules for admission to the bar and to practice law; another that would have imposed a two-term limit on justices of the Supreme Court and judges of the appellate courts; and another that would have eliminated retention elections. PBA opposed each of these proposed amendments and none received consideration beyond the House Judiciary Committee.

While playing defense in both chambers, we were also pursuing our own initiatives, which ultimately became our two big wins of the legislative session. One was a 263-page bill – the stellar work of our Business Law Section – that modernized Pennsylvania’s Corporations Law by incorporating modern practices and relevant judicial precedent. The other amended the Criminal History Record Information Act to make law enforcement’s investigatory information available to litigants in related civil suits. The idea for that initiative came from a member of our Civil Litigation Section, who saw a problem in the law and pursued a Report and Recommendation. PBA adopted the R&R and the Legislative Department had its marching orders. The roads to victory for these bills were rocky at times and less direct than we would have preferred, but ultimately, both made it over the hill in the final voting hours of legislative session.

One of our primary jobs on the Hill is to keep an eye out for bills that would negatively affect the practice of law. To be fair to our legislators, the negative affect is usually inadvertent, but that only means we have to be more alert. One example from this session was a bill that would have substantially reformed the Right to Know Law. The purpose of the legislation was to address abuses of the statute, as well as the financial and personnel strain compliance places on local governments. Of interest to PBA was a provision subjecting requests made for a “commercial purpose” to additional fees. We were concerned that, as defined,

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An investment that protects the profession

In his “Closing Argument” column in the Winter 2019 issue of The Berks Barrister, Executive Director Emeritus Donald F. Smith Jr. noted that contributions to the PABAR-PAC are “an investment that serves to protect our profession.”

In 2022, the following 23 Berks Bar members “invested” in the PABAR-PAC:

Jana Barnett; Brian Boland; Kevin Feeney; Jeffrey Franklin; Frederick Hatt; Robert Kreitz; Joan London; Rachel Louviaux; Heidi Masano; Frederick Mogel; Daniel Nevins; Paul Ober; Andrew Onwudinjo; Jesse Pleet; Gabriela Raful; Richard Raiders; Michael Righi; William Roberts; Jill Scheidt; Latisha Schuenemann; Donald Smith; Robert Ullman; and Terry Weiler.

If you’d like to join your colleagues in investing in the work of the PABAR-PAC, visit pba.org and click “get involved,” or contact the Legislative Department at legislativedepartment@pabar. org.

PBA’s Legislative Department is a three-person team. They are Fred Cabell, Legislative Director; Anna King, Legislative Counsel; and Logan Stover, Legislative Coordinator.

Your Voice in Harrisburg

Continued from page 13

“commercial purpose” could include legitimate requests from attorneys on behalf of their clients. We were able to work with committee staff to include amendatory language that would exclude from the definition all attorney requests other than those made for a truly commercial purpose. The bill proceeded, with our language, through the House and the Senate State Government committees, but never made it to final passage. We’ll be sure to keep an eye out for a reintroduction of the bill this session in order to ensure that our language is carried over.

Another bill that raised our alarms would have required COVID-related personal injury or wrongful death actions to be first submitted to compulsory arbitration. The bill was moved through the House at lightning speed but withered in the Senate, however, after PBA voiced its strong opposition.

A high percentage of bills that do not pass in one session are reintroduced in the next. One such piece of legislation is Pennsylvania’s version of the Deployed Parents Custody and Visitation Act. The bill made it through the House last session, but it failed to receive consideration in the Senate Judiciary Committee. The Family Law Arbitration Act followed a similar path to the same fate. We were instrumental in drafting both bills and strongly supported their passage. Both bills will be on our agenda again next session, and we will be placing particular emphasis on the FLAA.

We will also be working to reintroduce a bill that would have made significant changes in practice pertaining to guardianships, particularly with respect to representation. This was not, strictly speaking, a PBA initiative, but we were more than happy to lend our strong support and assistance in developing the language. (Shout out to PBA’s Elder Law Section!) The bill has bipartisan support in the Senate, which may bode well for its chances in the House this session. Due to the near-even party split and the current atmosphere of frustration and distrust in the House,

getting anything through the lower chamber this session will be a challenge. Fortunately for us, PBA focuses its legislative agenda on initiatives that fall generally under the categories of “practice of law” and “good government.” Unlike some other organizations, we want our members (and members of the General Assembly) to either love what we’re doing or not care.

Speaking of PBA assists from last session, the Real Property Probate & Trust Section drafted language that provided for the removal of archaic, race-based restrictive covenants. Although we shared that language with some members we thought would be interested, it was never introduced. This session, we are upgrading the legislation from “assist” to “initiative,” working directly with an excellent prime sponsor who is committed to seeing the legislation through.

Looking ahead to the new session that began this year, our legislative department will be working on bills addressing family law arbitration, race-based restrictive covenants, digital assets, electronic estate-planning documents, and exploitive real estate contracts. The latter projects are still in the development stages with various sections, and every session also brings surprises, so stay tuned for the next update. In the meantime, as always, feel free to reach out with any questions or great ideas!

Ms. Malcein King joined the PBA staff as legislative counsel in October and earned her law degree at the Dickinson School of Law. She previously served as legal counsel in the Pennsylvania House of Representatives and Executive Director of the House Children & Youth Committee.

LAW FOUNDATION OF BERKS COUNTY 2022 ANNUAL GIVING CAMPAIGN

Thank you to all the Law Foundation Trustees, Bar Association members and supporters in the Berks County community for making the 2022 Annual Campaign a tremendous success. More than 60 donors contributed to just over $16,000 this year. Please know your incredible generosity is making a significant and lasting difference right here in Berks County as the Law Foundation has been able to make a positive difference for victims of domestic violence and discrimination, help foster care children in need of advocates, and assist local youth participating in public service projects and developing their athletic, artistic, and academic talents. Because of our continued efforts, the Law Foundation has been able to offer continued support to various community organizations, including CASA Berks County, the Community Justice Project, and many other nonprofit organizations. Again, thank you to everyone who donated to the 2022 Annual Campaign.

Bridge Builder Society ($1000 or more)

William R. Blumer

Barbara J. Kline, (In memory of Sidney D. Kline, Jr.)

Kreitz Gallen Schutt Attorneys

Carl and Debbie Sottosanti

Juris Society ($500 to $999)

Cathy & John Badal

Breidegam Family Foundation

Edwin H. Kershner

Heidi B. Masano

Eugene & Virginia Orlando

Donald F. Smith, Jr.,

(In memory of Past President Eugene Wisniewski)

James M. Snyder, (In memory of Sidney D. Kline, Jr. and Hon. Thomas Golden)

Norman Weinstein, (In honor of Bar President Gabriela Raful)

President Society ($250 to $499)

Franki Aitken

Karen Cook

Merle & Wendy Dunkelberger,

(In memory of Daniel Birnhak, Esquire)

Hon. Jill Gehman Koestel

Bonnie & Ken Hartman

Dick Henry, (In memory of Kathy Snyder)

Daniel & Ellen Huyett

Howard & JoAnn Lightman, (In memory of the Hon. Arthur Ed Saylor)

Frederick R. Mogel

William Morgan

Frederick M. Nice

Sodomsky & Nigrini

Jill M. Scheidt

Matt & Christy Weeber

Terry & Pat Weiler

Valerie West

Partner Society ($100 to $249)

Hon. A. Joseph Antanavage

Jana Barnett

Daniel & Deirdre Bausher

G. Thompson Bell

Eden R. Bucher

Mark S. Caltagirone

Nikolas D. Capitano

Mark Chaknos

Pam DeMartino

Colleen Dugan Schearer

Charles F. Fitzpatrick

Susan E. B. Frankowski

Hon. Madelyn Fudeman

Dr. James A. Gilmartin

Betsy Harman Sprow

Frederick K. Hatt,

(In memory of Lee Sapira)

Robert D. Katzenmoyer

Joan E. London & Walter M. Diener, Jr.

H. Charles Markofski

Raymond Melcher & Terri Lampe

Daryl F. Moyer

Michael & Mary Jean Noon

Scott C. Painter

Suzanne Palmer

Jesse L. Pleet

James M. Polyak

Peter & Mary Schuchman

Marc Sigal

Allen & Vicki Shollenberger

Edwin L. Stock

Hon. Paul M. Yatron

Associate Society ($50 to $99)

Justin D. & Jessica Bodor

Charles & Alisa Hobart

Amy Miller

America Nieves-Febres

John Reigle

The Hon. M. Theresa Johnson made history on Jan. 5 when she was sworn in as President Judge of the Berks County Court of Common Pleas, the first female elected by her peers to the position in the court system’s 272-year history.

More than 150 family members, friends and bar association colleagues packed Courtroom 5A to witness Johnson take her oath of office. U.S. District Court Judge Jeffrey L. Schmehl led the installation ceremony, with the help of five young ladies – all daughters of assistant district attorneys and public defenders who frequent Judge Johnson’s courtroom.

Following the ceremony, President Judge Johnson and her colleagues, friends and family were invited back to the Bar Association to enjoy a reception, co-sponsored by the Berks County Commissioners, to celebrate this momentous occasion of local history.

Berks is one of 18 Pennsylvania counties to have a woman serving as president judge, according to Pennsylvania’s Unified Judicial System. More than one-quarter of Pennsylvania’s 67 counties now have female president judges.

Johnson said she has forged strong relationships with her female colleagues on the bench during the judicial training program offered by the Pennsylvania Conference of State Trial Judges and enjoys spending time with those colleagues.

The group of women judges celebrated Johnson’s new position in February during a judicial conference in Pittsburgh.

As she begins her five-year term, Johnson expects one of the major issues will be continuing to use technology to improve efficiency in the courts.

Historic Moment for Berks Bench

M. Theresa Johnson becomes county's first female President Judge

By the Hon. Jill Gehman Koestel

President Judge Johnson with her helpers Maggie Groucutt, daughter of Jacquelin Hamer Groucutt; Charlotte Bodor, daughter of Justin Bodor; Penny Groucutt, daughter of Jacquelin Hamer Groucutt; and Anna and Nina Litinov, daughters of Amy Litinov, after the ceremony.

“We are continuing to upgrade the technology in the courtrooms, which has saved money by decreasing the cost of prisoner transport and witness travel fees,” Johnson said. “I look forward to a good working relationship with the other leaders within the county and with the Bar Association. My goal would be to have the Berks County Court System recognized across the Commonwealth of Pennsylvania for our initiatives.”

Setting goals is one of the lessons Johnson said she learned as a varsity athlete.

A native of Chapel Hill, NC, Johnson became an avid swimmer, accomplished enough to garner offers to swim at the highest level of collegiate athletics – Division I.

When Johnson arrived in Happy Valley, she was one of 13 freshman recruits competing for the Nittany Lions varsity women’s swim team. Just two of those 13 swimmers spent all four years on the team. Johnson was one of the two. And she was captain of the team her senior year.

“Staying involved at the collegiate level for all four years at Penn State was difficult, but well worth the life lessons and memories,” Johnson recalled. "Being a varsity athlete has instilled many values that have carried with me personally and through my professional career. Teamwork, discipline, hard work and goal setting are among just a few. I am a huge proponent of kids being involved in athletics because of the life lessons.”

After graduating from Penn State, Johnson said she hung up her swim cap and goggles for many years. She remained active by trying other forms of exercise, including running, spin class, and aerobics.

In the spring of 2022, Johnson returned to the pool for the first time in more than three decades.

“Despite continuing to exercise over the years, I was surprised by how aerobically I was out of shape,” Johnson confessed. "I have now worked myself back up to going every morning before work, and I have found that there is nothing mentally that clears my head and puts me on the right track more than swimming.”

Clearing her schedule to fit in pool time may be a little easier than in the past.

Johnson noted that her primary hobby had been raising her three children, Jan, Jr., Gabriella and Rachel, and cheering them on as they each competed in various sports.

Johnson cheered from the stands one last time in mid-March as her youngest daughter competed in the NCAA Division II swimming championships in Indianapolis.

“That was the end of my 20-plus years as a Little League parent,” Johnson said wistfully. “It’s bittersweet. I will need to find some new hobbies as I am not a “sitter” and need to be busy.”

Home improvement projects are already keeping her busy. Johnson said she enjoys watching YouTube videos and is teaching herself how to tackle some pretty serious renovations.

“I recently tiled all my bathrooms and installed luxury vinyl in my laundry room with the help of one of my daughters,” Johnson said. “My next project, which I am close to talking myself into, is tearing all the carpet out of my upstairs and installing hardwood floors. I am hopeful that I’ll be able to report to the Bar Association members at the Annual Fall Meeting that this project is complete!”

To provide some additional historical perspective, Johnson’s elevation to Berks County’s top judge comes nearly 40 years after Elizabeth Ehrlich was the first female elected judge in 1983. Just seven other women have ascended to the bench since Judge Ehrlich.

Johnson’s selection is an indication of the respect women have garnered in our judiciary.

In Johnson’s investiture speech, she thanked the many influential men who helped and supported her throughout her career.

Though it may ring true that any woman who becomes “the first” in any endeavor has benefitted from the support of men, future generations of women will be able to thank Johnson for shattering a glass ceiling that had been in place for 272 years.

I’m proud to have witnessed history. For the remainder of my life, I’ll be able to tell others that I was in the room where it happened and could almost feel those 272-year-old shards of glass raining down all around me. It was a most breathtaking reality.

Congratulations Judge Johnson. The next five years will truly go down in history in the very best of ways!

Judge Koestel serves with Judge Johnson on the Berks County Court of Common Pleas and is a Past President of the Berks County Bar Association.

Path to President Judge

Born: Chapel Hill, NC

Education: Penn State University and Weidner University Commonwealth Law School, Harrisburg

Before the Bench: She earned an internship in the Berks County District Attorney’s Office while attending law school and, after graduating and passing the bar, was hired as an Assistant District Attorney. In 1998, Johnson entered private practice and began working for Rhoda, Stoudt and Bradley. She then returned to the district attorney’s office in 2001 as Supervising Attorney assigned to work with the Reading Area Violent Crimes Task Force and the Project Safe Neighborhoods Program. In January 2004, Attorney Johnson and members of the Weed and Seed Program were selected by the Department of Justice along with six other cities to attend a conference in Washington, DC to discuss the success of Task Force and the Weed and Seed program. She joined Linton, Giannascoli, Distasio and Adams where she continued her long association with John Adams. After John Adams was elected district attorney in 2008, Johnson returned to that office, but this time as the First Assistant District Attorney. She continued in that role until 2013 when, with Adams’s endorsement, she was elected Judge of the Berks County Court of Common Pleas where she has served with distinction for the past nine years.

Judicial Activity: Because of her work in the district attorney’s office, Johnson served in the civil and family divisions of the Court for her first two years on the Bench. In 2016, she moved to the criminal division and became head of that division in 2018.

Women President Judges in Pennsylvania

The Hon. Kim Berkely Clark – Allegheny County

The Hon. M. Theresa Johnson – Berks County

The Hon. Elizabeth Doyle – Blair County

The Hon. Maureen Beirne – Bradford County

The Hon. Sara Seidle-Patton – Clarion County

The Hon. Linda Cartisano – Delaware County

The Hon. Maureen Skerda – Forest/Warren Counties

The Hon. Patricia Corbett – Lackawana County

The Hon. Nancy Butts – Lycoming County

The Hon. Margherita Patti Washington – Monroe County

The Hon. Carolyn Carluccio – Montgomery County

The Hon. Paige Rosini – Northumberland County

The Hon. Lori Hackenberg – Snyder/Union Counties

The Hon. Marie Veon – Venango County

The Hon. Janine Edwards – Wayne County

The Hon. Maria Musti Cook – York County

Source: Pennsylvania’s Unified Judicial System

Historic Moment for Berks Bench

Continued from page 17

President Judge Johnson delivers a powerful speech highlighting the significance of all the legal professionals, both men and women, who have come before her and paved the way for her to become the first female president judge of Berks County.

President Gabriela Raful congratulates President Judge Johnson, stating “This is a watershed moment for Berks County that’s been 272 years in the making. I applaud the Board of Judges for promoting diverse leadership and ensuring our judicial system reflects the community it serves.”

Judge Johnson completes the swearing in, with the help of five young women, to become the first female president judge in Berks County.

U.S. District Court Judge Jeffrey L. Schmehl introduces Judge Johnson as the next President Judge.

• Audits

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• Networking ...and More

Judge Eleni Dimitriou Geishauser, Judge Tina Boyd, President Judge M. Theresa Johnson and Judge Jill Gehman Koestel.

Brad Davis, Taylor Davis and Rachel Louviaux.

Eden Bucher, President Judge Johnson, Betsy Adams, Julia Adams, District Attorney John Adams and Rosalynda Michetti.

Members celebrating President Judge Johnson during the reception at the Bar Association. The Honorable Scott Lash, Lisa Siciliano, President Gabriela Raful, Matt Lasewicz, Berks County Bar Association Director Sara Haines Clipp, Julie Marburger, Kelsey Frankowsi, Salvatore Folino and Christopher Muvdi.

A Visit from the Chicken Man

MLB Hall of Famer Wade Boggs Wows Crowd at Law Foundation Holiday Benefit Luncheon

By Brian C. Engelhardt, Esquire

Wade Boggs captivated the audience of nearly 500 people at the Law Foundation of Berks County/PICPA Reading Chapter Holiday Benefit Luncheon on the first Friday of December.

Boggs shared various stories delivered in an engaging and relaxed manner, all enhanced by his great sense of comedic timing. He also deftly fielded questions from me and my armchair interview partner, Holiday Benefit Luncheon Chair Mark Caltagirone, as well as from members of the audience.

Few in attendance may have been aware of the extent of the accomplishments that earned Boggs a spot in the National Baseball Hall of Fame in 1995 following his 18-year career in Major League Baseball. Boggs spent his entire career in the American League while a majority of those at the luncheon likely root for the Philadelphia Phillies in the National League. Boggs played only 7 games against the Phillies after interleague play began in 1997. Some may have caught glimpses of Boggs playing in 12 All-Star Games, two World Series or an occasional nationally-televised game over the course of his 11 seasons with the Boston Red Sox, five seasons on The Dark Side (which was the view of Red Sox Nation) with the New York Yankees, then the two seasons for Tampa Bay Devil Rays (in the satanic era before the team changed its name to the plain old Tampa Bay Rays).

Among the gaudier statistics compiled by Boggs were 3,010 hits, compiling more than 200 in each of seven different seasons; a lifetime batting average of .328, 39th highest of all time; batting over .300 in 15 of the 18 seasons he played which was good enough to win five batting titles; 12 consecutive All-Star games, in which his collective batting average in them is .321; and so many more areas where he was an offensive leader. There are more. In the words of Casey Stengel, “You can look it up.”

“Boggs is as smart a hitter as I’ve ever seen. The next five or six years will tell the tale, but if he keeps up like he’s going now, he stands to be one of the greatest hitters of all time.”

- Ted Williams after 1985 season in which Boggs batted .368, winning his second batting championship

Most of the territory Boggs covered during his luncheon appearance related to baseball, including his recounting of his relationship with baseball great Ted Williams that began at least in concept when Boggs, experiencing problems with his hitting during his junior year of high school, read Williams’ book, “The Science of Hitting,” which his father loaned from a library. Taking Williams’ advice not to swing at pitches out of the strike zone resulted in Boggs significantly raising his batting average to .485 his senior year. Just a few years later, during Boggs’ first spring training camp with Boston in March of 1977, he introduced himself to Williams while they were waiting in line for a movie. It started a dialogue with Williams which covered not just hitting a baseball, but also hunting and fishing, as well as life in general. It was a dialogue that spanned 25 years until Williams’ death in 2002.

A Standing Ovation on Returning to Fenway, and “My World Series Championship for a Horse.”

Boggs shared heartfelt but humorous recollectons about his departure from Boston after the sudden death of owner Jean Yawkey. On his return to Fenway, after some boos and cheers in his initial at bat, the Red Sox faithful did give him a standing ovation. As to his time on “The Dark Side,” he shared several stories on his five seasons with the Yankees, with a high point of that episode of his career (aside from winning two Gold Gloves) being when he inexplicably ended up riding on the back of a New York City mounted policeman’s horse during the post-game celebration after the team clinched the 1996 World Series.

Big Night in Tampa and a Chicken Before Every Game.

Boggs related his memories of the evening of August 7, 1999 when he got his 3,000th hit while playing for Tampa, of which he was particularly fond because he had the company in the dugout of his son, Brett, who was then serving as the team batboy. Also that evening, Tampa manager Larry

Rothschild kiddingly

threatened to pinch hit for him after the two hits in his first at bats took him to hit number 2,999. Boggs also discussed the wide range of superstitions he held during his career, most important of which was eating chicken before every game, resulting in his having the nickname of “Chicken Man” and also resulted in his plaque in Cooperstown noting specifically that Boggs was, “Legendary for his superstitions.” So it was quite appropriate that the main course at the luncheon was a variation of chicken parmesan.

Boggs also discussed a number of other subjects beyond baseball. His career in show business included an appearance on Cheers – according to Boggs being the highest rated episode of the history of the series. (Check out his five minute appearance at https://tinyurl.com/2b6rkb7s. It's good stuff.) He appeared on It's Always Sunny in Philadelphia in an episode where the subject of the determination of the legendary number of beers he consumed on a cross-country flight - which he confirmed at the luncheon in response to a question from the audience. (For the brief ASIP clip, see https://tinyurl.com/h4eaydff.)

Other television appearances include a cameo in an episode of Psych, as well as in The Simpsons and The Family Guy. Boggs also proudly recounted how he did his own stunts in his movie debut as “Deputy Stanley,” in Swamp Shark, a 2011 Sci-Fi thriller.

When discussing the importance of his family in his life, including the loss of his mother to a drunk driver as well as the role of his father, who has also passed away, Boggs shared feelings with those present and made for a very serious, touching part of the event. An excellent account that includes additional details of the event was written by Brian Smith and is found in the December 9, 2022 edition of the Reading Eagle at which can be found on-line at https://tinyurl.com/h4eaydff

Again I witnessed up close and personal the energy and effort that my armchair partner and fellow interviewer Mark Caltagirone devotes to making this luncheon a smashing success year after year. Mark’s efforts go far beyond firing questions at our guest. Kudos, Mark.

Left on the Cutting Room Floor

A couple of additional items about Boggs’ career and views of baseball that, because of time constraints, were not able to be included in the discussion at the luncheon. Here are just a few.

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A Visit from the Chicken Man

Continued from page 21

Boggs’ unique role in the longest game in the history of organized baseball, a 33 inning game in which the Pawtucket Red Sox defeated the Rochester Red Wings by the score of 3-2, played April 18-19, 1981 then temporarily suspended, then concluded on June 23, 1981. When the game was adjourned after 32 innings at 4:07 AM on April 19 (Easter Morning), there were 19 fans in the stands. When the game was resumed on June 23, it was before a packed house of 5,746 and 140 members of the press. Boggs played third base for Pawtucket that game, going 4-12 with a double and an RBI. Playing at third base for Rochester was future Hall of Famer Cal Ripkin, Jr. who went 3-12. Although this game was mentioned briefly among the later questions asked at the luncheon, a detail of the game that was not discussed was that in the top of the 21st inning, Rochester scored a run to go ahead by a score of 2-1. At this point it was around 2:00 A.M. In the bottom of the inning, Boggs drove in the tying run with a double. After the game he would say, “When I doubled in the tying run in the 21st inning, I didn’t know if the guys wanted to hug me or slug me.”

So exactly what of Wade Boggs did Phillies fans get to see over his career? Interleague play was only initiated in 1997, when Boggs was in his last year with the Yankees. That year he appeared in one game against the Philles before a crowd of 50,869 at Veterans Stadium on September 1, 1997 in which Curt Schilling struck out 16 Yankees in 8 innings on the way to a 5-1 Phillies victory. Boggs went 2 for 4 with a double, driving in the Yankees' only run. Boggs would not appear in either of the other two games in the series, which turned out to be a 3-0 Phillies sweep on their way to a last place finish. The 1998 Boggs, then with Tampa, would go 0-10 in three games in Philadelphia, which the Devil Rays won two of three. In 1999, Boggs he would go 1 for 8 in three games played in Tampa, two of which were won by the Devil Rays.

Collectively in 7 games against the Phillies, Boggs would go 3 for 22 for a batting average of .136 - the worst batting average that Boggs would have against any team in baseball.

“The little game within the game.” Boggs once stated that, “The one thing that I love about hitting is that it's you against the guy 60 feet 6 inches away. One-on-one… It's you against the guy on the mountain….That's the neat thing that really gets you flowing and really excites you because you sit there and go OK who's on the mound today? Jack Morris, Tom Weaver, Steve Carlton, Dave Stewart, Dave Stieb….I mean you sit there and get fired up that night at night when you're getting ready to put your head on the pillow - that OK here we go and it's that confrontation that he's trying to figure out and that you're trying to figure out so it's the back and forth cat and mouse game that goes on between the little game within the game.”

In a discussion before the luncheon, Boggs talked of his history with various pitchers over the years, sharing his experiences of the “little game within the game.” He recalled

how he “hit both Phil and Joe Niekro pretty hard.” Going to the books, in 27 at bats against brother Phil, Boggs had a .407 batting average with a .987 OPS. His batting average against brother Joe was easier to compute, as he went 5 for 5 against him with a home run - and an OPS of 1.600. He chuckled about giving Dave “Smoke” Stewart fits, as he not only had a batting average of .366 against him with an OPS of 1.159, but he managed to draw 17 walks off him in just 71 at bats. He had a .310 batting average against Tom Seaver and a .349 average against Jack Morris. Of pitchers who gave him problems, he said submarine pitchers used to give him fits, as he had trouble elevating the ball. He recalled how his at bats against Dan Quisenberry, against whom he had an average of .105, “resulted in just one ground ball to the third baseman after another.”

Although he had some success of Nolan Ryan. In only 14 times facing him, Boggs managed 4 hits and 5 walks for a batting average of .286 and an OPS of .974. However, Boggs account of the first time that he faced Ryan on April 30 of 1989, given in another interview, provides a real insight into the “little game.”

Relating how the game, where the Red Sox were the visitors, was highly charged because pitching for the Red Sox was Roger Clemens. It was Ryan's first season with the Rangers, having signed as a free agent after 10 seasons with Houston. It was the first time the Red Sox had seen him in a regular season game since the 1979 season when he pitched for the Angels.

When Boggs, the leadoff hitter, stepped up to the plate, he related how he began to dig in as was his normal routine, at which point Ranger catcher Gino Petralli said, “Don't dig in against him.” Boggs stated how he ignored Petralli’s words of advice and that moments later found himself down in the dirt in the batter’s box after Ryan’s first pitch buzzed him high and inside. Choosing to ignore the same advice from Petralli on the second pitch, Boggs related how he again dug in and again was picking himself up from the dirt after being buzzed on the second pitch.

At that point, Boggs stated how he took stock of the situation, dusted himself off, and made it a point to demonstrate that indeed he was not digging in on the third pitch. Relating that Ryan usually ignored whoever the hitter was that he was facing, Boggs described what he thought was a barely perceptible nod from Ryan along with a half smile, as if to acknowledge, “Ok, young man. You got the message.” There were no more buzzing of Boggs that evening (no more digging in either on Boggs' part). He ended up that at bat being walked on four pitches and would work another walk - going 0-2, striking out on three consecutive curve balls in his next at bat, then grounding out later in the game.

The little game within the game.

Brian C. Engelhardt, Esquire, retired from BB&T’s Legal Department and is a regular contributor to The Berks Barrister and the Berks County Historical Review. He has written for a number of publications by the Society for American Baseball Research and is the author of the insightful and dynamic, “Reading’s Big League Exhibition Games.”

“Heroes Helping Heroes Plan for the Future”

On Saturday, November 19, 2022, over two dozen attorneys volunteered at the Wills for Heroes Clinic, a joint effort with PBA, to offer free estate planning to Berks County's veterans and first responders. The event was organized by 2022 Young Lawyers Section President Kourtney Bernecker and Berks County Bar Association Director Sara Haines Clipp. The sisters of Kutztown University's Delta Phi Epsilon Zeta Gamma Chapter assisted with the event through offering babysitting services for the heroes’ children and aiding attorneys in completing the estate planning documents.

The volunteers gather in the Muhlenberg High School library before the first appointments arrive.

Daniel P. Becker and Julia T. Adams take on their first clients of the day.

President Gabriela Raful, 2022 Young Lawyers Section President and clinic organizer Kourtney Bernecker, PBA Pro Bono Coordinator David Trevaskis and Director and clinic organizer Sara Haines Clipp.

William R. Blumer and J. William Widing, III, both veteran estate planners, assist with answering questions and overseeing the volunteers, many of whom are newer attorneys recently admitted to the Bar Association.

Volunteer attorneys set up at stations throughout the library, paired with a sister from Delta Phi Epsilon Zeta Gamma Chapter, as they prepare wills and power of attorneys for the many heroes that attended the clinic.

Kozloff Stoudt Attorneys J. William Widing, III, Joan E. London, Daniel P. Becker, Julia T. Adams, and Kourtney E. Bernecker are all smiles after a long day of helping heroes.

Pam DeMartino, KU sister Sofia Rosa, President Gabriela Raful and David Trevaskis go over the software attorneys utilize to craft estate planning documents.

Joan London and KU sister Megan Hode completed all the estate planning documents with their first clients of the day.

2022 Holiday Benefit Luncheon

It was another packed house for the 2022 Law Foundation Annual Holiday Benefit Luncheon with close to 500 attendees. Serving as the “Hall of Fame Sponsor” Customers Bank and several other local banks, financial management, businesses and community partners provided support crucial to the Law Foundation’s mission of providing resources to charitable efforts in Berks County to promote educational activities, expand access to justice for those in need in our community, and aid in the administration of justice for all.

The Foundation Board of Trustees also recognized the exemplary service of Event Chair, Mark Caltagirone. Mark helped launch the luncheon more than 14 years ago and has been a catalyst for the event’s growth and success.

“The Foundation is fortunate to have benefited from Mark’s steady leadership and relentless passion,” said Valerie West, Board of Trustees President. “We are forever indebted to Mark for the countless hours he has devoted during the past 14 years to recruiting sponsors from the accounting, banking, and financial services industries as well as the legal profession.”

Mark is already working on plans for the 2023 Holiday Benefit Luncheon, which will be held on Friday, December 1 at the DoubleTree Hotel in downtown Reading.

Law Foundation Board of Trustees President Valerie West recognizes the more than 14 years of tireless work Event Chair Mark Caltagirone has contributed to make the Holiday Benefit Luncheon a success. The Foundation Board of Trustees presented Mark with a baseball autographed by Philadelphia Phillies outfielder Bryce Harper.

Richard A. Ehst represents 2022 “Hall of Fame” sponsor Customers Bank.

Christopher S. Kunkle, chair of the PICPA of the Reading local connection committee, leads off the event with a few remarks. The PICPA has been a tremendous co-sponsor of the Holiday Benefit Luncheon.

Berks County Judge James Lillis and attorney John Speicher of Barley Snyder banter before the event begins.

David Kozloff, a Past President of the Bar Association, catches up with Bill Gage and Bill Jenckes.

Custom Processing Services owner Gregg Shemanski outbids the competition during the live auction.

Tompkins Insurance Senior Vice President Sam Harter chats with other guests.

Law Foundation Board of Trustees member Mike Noon engages in one of many lively conversations at the event.

Law Foundation Board of Trustees President Valerie West and Justin Bodor, a Past President of the Berks County Bar Association.

Attorney Pam VanFossen of Masano Bradley contemplates a bid for some of the sports collectibles up for grabs in the silent auction.

Remembering Judge Paul M. Yatron

By Donald F. Smith, Jr., Esquire

The Honorable Paul M. Yatron died on December 6, 2022, at the age of 71, after a short illness.

Judge Yatron had been a member of the Berks County Common Pleas Bench since January 2006. During that tenure, he had served five years as president judge.

When he first became PJ, I interviewed him for a Barrister article profiling his background and accomplishments. First, we reviewed his educational background. A graduate of Governor Mifflin High School and Dickinson College, Yatron received his legal education at Creighton University School of Law. “It was a good school that provided good preparation for the practice of law; the profs were really lawyers,” he told me.

Following graduation, he returned to Berks County and was admitted to the bar in October 1976, setting up a solo practice in the Baer Building on Court Street. “Five or six months later the practice was better than breaking even, making a couple bucks.” He attended the retirement dinner for Judge James W. Bertolet and then found himself, post-dinner, with 30 other lawyers at the Golden Lion Pub. The future judge became engaged in a “philosophical discussion” with Anthony Rearden, which was overheard by then-District Attorney Michael Morrissey. The DA approached and asked if Yatron actually believed what he was spouting. Once affirmed, the DA offered him a job, starting the next day.

For the next seventeen months, Yatron tried over 50 jury trials as a part-time assistant district attorney. “It was a small office, but we could really try cases. It was not uncommon to have three trials in one week.” The office featured other future luminaries of the bench and bar, Scott D. Keller, A. Joseph Antanavage, Stephen G. Welz, and Gordon Zubrod, who went on to become a United States prosecutor.

To supplement what I learned from Judge Yatron, I also interviewed Steve Welz and Senior Judge Keller in preparing my article at the time. Welz recalled the staff going months without

losing a case and a “healthy competition” developed among them, with each not wanting to be the one to break the winning streak.

With a chuckle, Welz further remembered that this sense of competition morphed in a new direction—athletic contests between two future jurists, Keller and Yatron. It began with golf, then bowling and finally tennis. “Each sport was a new battle,” Judge Keller explained to me. “The competition was the best of three, and I would win the first match only to have Paul win the final two. It was the most horrible experience of my life but hilarious.”

Laughing at the memory, Welz recalled the “tennis showdown” as attracting more than thirty spectators to watch what he described as “the most pathetic display of athleticism on both sides of the net.” Keller remembered having “Paul on the ropes for the first time in a final match” but not being able to finish him off. “I am sorry that this long suppressed memory has been revived,” he exclaimed while laughing.

Leaving the fun of the DA’s office behind, Yatron continued in private practice with his colleague, Steve Welz, making up the firm of Welz & Yatron, which later merged with Fry & Golden, a predecessor to today’s Masano Bradley.

Several years later, Yatron was “looking for a change of scenery,” and he joined the office of Pennsylvania Attorney General LeRoy S. Zimmerman in 1982 to prosecute criminal tax cases. He was quickly named chief for criminal prosecution for taxation. Other promotions were soon to follow—head of the Medicaid Fraud Control Section supervising 50 employees; chief of Prosecution Section; Deputy Attorney General of Criminal Division; Executive Deputy Attorney General of the entire Criminal Division; and finally First Deputy Attorney General, in charge of the day-to-day operations of the entire office.

While running the Medicaid section, Yatron returned to Berks to prosecute, by special assignment, the three defendants charged in the 1982 murder of Richard Good, depicted in

extensive media coverage as a “Gang Land Slaying.” Convictions were secured for each.

When Attorney General Zimmerman’s second term came to an end, Yatron looked to take some time off, but newly elected Auditor General Barbara Hafter offered him the position of Chief Counsel, and he accepted. After more than seven years in the position, “I was not getting into court at all, and I longed to get back.”

At the time, Mogel, Speidel, Bobb & Kershner was looking for an experienced trial attorney, and, so in 1996, he joined the firm as a partner, handling civil and criminal matters.

I asked him why he was so passionate about trial work. “It is the combative nature; I enjoy the fight. Once the trial begins, you are on your own—your preparation and your wits. There is nothing as invigorating as a closing argument!”

After being elevated to the bench, he shared, “At times I have a strong urge to leap over the bench and close for one side or the other!” But the robe kept the passion in check and him on the bench. While practicing as a trial attorney, Yatron did not like a judge “who could not keep his hands off trying the case.”

Once while representing a defendant in a criminal case, Yatron and the assistant district attorney were at sidebar with the late Judge W. Richard Eshelman, and the young prosecutor, “who was clearly in over his head,” asked for help from the bench. Attorney Yatron objected: “Your Honor, this is a court of common pleas trial and not a school for assistant district attorneys.” The objection was overruled. “I made a vow, as judge, not to do those things and have remained true to that pledge.”

His service over seventeen years on the bench made quite a positive impact. In reporting on Yatron’s death, the Reading Eagle quoted District Attorney John T. Adams as saying, “This will be a big loss for Berks County and for our judiciary. He was an excellent jurist, and he will be deeply missed.” Then President Judge Thomas G. Parisi noted that his passing was “a tremendous loss for our legal community and to all citizens of Berks County. He treated all litigants with dignity and respect.”

The newspaper also reported: “Among his accomplishments as a Berks judge was merging the county’s adult and juvenile probation departments into the Probation and Parole Department, a move intended to streamline services while saving taxpayers’ money.” He was a member of the Pennsylvania Supreme Court’s Criminal Rules Committee, which he described as “a very rewarding experience.”

The Berks County Bar Association’s Law Day 2016 celebration featured President Judge Yatron as the keynote speaker. On that occasion, he received the Liberty Bell Award from the Association for his many years of public service.

Former Assistant District Attorney Pamela VanFossen, now with Masano Bradley, shared on LinkedIn following Yatron’s untimely passing: “The time I spent assigned to his courtroom was some of my favorite as a prosecutor. He was cordial, collegial, witty, thoughtful, prepared and knew the law better than anyone else in the room. To practice before him was to admire him and respect him… The thing I will remember most about him, however, was his love for our legal system. The speech he gave jurors at the end of a trial, thanking them for service and explaining the value of their service and sacrifice was genuine, heartfelt, and almost brought him to tears on more than one occasion.”

Judge Yatron was known to convene court earlier than most judges and could be found in chambers much earlier than that. In fact, the Honorable M. Theresa Johnson, in remarks during her installation as President Judge on Jan. 5, described Judge Yatron’s chamber’s door as always being open, beginning at 6:30 am!

Nevertheless, his work ethic allowed for other pursuits. He was an avid hunter, outdoorsman and enjoyed trap shooting. Yatron was a member of the United Bowmen of Philadelphia. He told me in our interview conducted 10 years ago, that he read 50 to 100 books a year. “I have stayed away from legal thrillers but enjoy espionage, mysteries and biographers.” He described having a particular interest in American military history, including, by that time, of having watched the “Patton” movie at least 20 times.

Given that interest, he was asked to review the book, “Hitler Ascent 1889-1939,” which he did for the Spring/Summer 2017 issue of the Barrister, and his review of “Churchill: Walking with Destiny” appeared in the Spring 2019 issue. Both reviews reflected the Judge’s scholarly nature.

As my 2013 interview of him was ending, I asked if he had any advice for the newer attorney wanting to do trial work. He replied: “Show up on time! Know the rules and follow them; I am shocked at how many lawyers are unfamiliar with the rules of procedure. Be prepared and conduct yourself as a professional.”

He shared that he was troubled at times by a lack of collegiality in his courtroom. “Counsel showing an attitude of belligerency only makes things difficult, even ugly. Shouting matches are not an effective technique here.”

Judge Yatron’s advice should be followed by all trial attorneys and be considered part of his legacy. Here is how I concluded the profile article that appeared in the Winter 2013 issue of the Barrister: “For the trial or hearing should be a professional fight, based upon thorough preparation, adherence to the rules of procedure and trusting your wits. As General S. Patton once said: ‘Better to fight for something, than live for nothing.’”

Now, with his passing, it is clear Judge Yatron did not live for nothing. Instead, he had a full and impactful life.

Sabor á Sevilla! Flavors of Seville!

Members gathered on December 8, 2022 at Sts. Constantine and Helen Greek Orthodox Church to kick off the holiday season by immersing themselves in the flavors of Seville, Spain at the annual Holiday Reception. Authentic Spanish dishes were featured, including ganbas al ajillosauce and paella valenciana, as well as many traditional holiday favorites. President Gabriela Raful made her favorite city come to life by providing members with roses, beaded pearl necklaces and handkerchieves, just like they were celebrating in the beautiful Spanish streets.

Senior Judge Scott Keller, President Judge Thomas G. Parisi, and Judge Jill Gehman Koestel.

The room at Sts. Constantine and Helen Church transformed into a beautiful Seville night.

Berks County Bar Association Director Sara Haines Clipp, Kelsey Frankowski, Priscilla Natale, Julie Marburger and Mike Wieder dressed in pearls and handkerchieves, excited for the party to start.

Father and son duo Andrew Fick (center) and Lucas Fick (left) with Liever, Hyman & Potter colleague John Badal (right).

The Holiday Reception is a family affair with Toby Mendelsohn and Brenna Mendelsohn, the mother daughter duo from Mendelsohn & Mendelsohn.

MidPenn Legal Services attorneys Kathryn Wentzel and Angelica Matias.

2022 President James Smith, 2023 President Gabriela Raful, and Executive Director Kori Walter celebrate another successful evening for their members as a year full of events, CLE seminars and congratulatory ceremonies comes to an end.

Alisa Hobart, Kaitlin Daley, Karissa Rodriguez, Colin Boyer and Jackie Hamer catch up over paella valenciana and ganbas al ajillosauce.

Michael Hollinger, Bernice Hartman, Judge Patrick Barrett and Kevin Moore ready to enjoy their night in Seville.

Lehigh Valley Business magazine named Thad M. Gelsinger as one of its Forty Under 40 recipients. Gelsinger is Co-Chair of the Bar Association's Civil Litigation Section and an attorney at Barley Snyder. Forty Under 40 recognizes professionals 40 years of age and younger who have been successful in the Greater Lehigh Valley area. Honorees, selected by the editors of Lehigh Valley Business, were chosen based on professional accomplishments, community service and commitment to inspiring change.

Sarah Rubright McCahon of Barley Snyder was elected chairwoman of the board of directors for Girls on the Run Berks County. She previously served on the Girls on the Run (GOTR) governance committee and as vice chair of the board from 2020-2022. GOTR is a nonprofit organization that seeks to empower young girls in third through eighth grades through regular running sessions, which also include confidence-building discussions, activities and games.

Welcoming a new daughter, Ellie, on Dec. 14, 2022, were Valerie Kramer and her husband, Steve Katin. Valerie is the Judicial Law Clerk for the Hon. Patrick T. Barrett and Assistant Editor for the Berks County Law Journal.

Susanna Fultz of Barley Snyder and her husband, George, welcomed a daughter in November.

Benjamin A. Leisawitz of Barley Snyder joined the Greater Reading Chamber of Commerce and Industry Board of Directors in January after serving 10 years as the organization’s solicitor.

Offering Second Chances

By Daniel C. Nevins, Esquire

Berks Bar members and attorneys from MidPenn Legal Services spent an evening meeting with 100 people looking for a second chance to provide for their families and improve their lives.

The Second Chance Pardon and Expungement Clinic on Jan. 12 at the DoubleTree Hotel was a collaborative effort spearheaded by Reading Magisterial District Judges Tonya Butler and Carissa Johnson. The two MDJs partnered with the Bar Association, MidPenn Legal Services, Berks Connections/PreTrial Services, and state Sen. Judy Schwank to host the event featuring District Attorney John Adams and former Pennsylvania Pardon Board Secretary Celeste Trusty. State Rep. Johanny Cepeda-Freytiz of Reading, State Rep. Manny Guzman of Reading, Berks County Commissioner Michael Rivera, and Berks County COO Kevin Barnhardt also attended the event.

At the heart of the event were the attorneys who volunteered their time to provide counsel to individuals seeking an expungement, sealing or pardon of past criminal convictions –most of which occurred several years or decades ago.

The volunteer opportunity provided members with a hands-on and rewarding pro bono experience.

In a particularly fortuitous moment, I met a man I first represented a decade ago. He's nearly three years sober after a lifetime of addiction, employed full time at a non-profit and giving back to the community. Time stood still as we caught up, and I listened to his story.

Though, given the nature of his prior convictions, he was not eligible for an expungement, we discussed the possibility of applying for a Governor's pardon. Regardless, I was grateful to have this conversation and especially heartened to learn about the freedom that he's found at this stage in his journey.

In addition to serving the community, volunteer attorneys who attended a seminar prior to the clinic received a free CLE credit.

Kathryn Wentzel, managing attorney at MidPenn's Reading Office, and Colleen Dugan, supervising assistant district attorney in Berks County, led the seminar and training program held at the Bar Association building. The training walked volunteers through recent legislative efforts to broaden the availability of the sealing and expungement of criminal records, particularly in the case of lower level misdemeanors. The practical instruction shared was comprehensive and had volunteers prepared and motivated for the challenge ahead.

Our bar is working to expand opportunities for all members – regardless of your pratice area – to give back to the community through pro bono service. Learning about new areas of law while helping many of our neighbors in need is an experience you will not regret.

Daniel C. Nevins is Vice President of the Berks County Bar Association and a criminal defense attorney with Ebner, Nevins & McAllister in downtown Reading.

Executive Director Kori Walter; special guest speaker and pardon recipient Akeem Sims; Co-Executive Director of Berks Connections/Pretrial Services Nicolle Schnovel; State Senator Judy Schwank; MDJ Johnson; MDJ Butler; and MidPenn Legal Services Managing Attorney Kathryn Wentzel.

French etiquette: Save the last pour for thee

By Susan N. Denaro, Esquire

Although there are so many French culinary delights and customs we have enjoyed sharing with friends and family over the years, my favorite of all is the little-known French tradition called la dernière goutte, which literally translates to the last drop. In a country known for revering lovers as much if not more than it does its native foods and wines, the person who receives the last drop of wine from a bottle is supposed to be the next person to be married—it’s a little like catching the bride’s bouquet at a wedding. Waiters often try to determine which couple in a grouping appears the most in love to favor with the prized last sips. Who knew? When we pour the last drop in a friend’s glass, we were typically doing so from a place of good manners…but I now prefer the French sentiment of using it to acknowledge love more.

I learned about this tradition from the food blog of renowned baker and cookbook author Dorie Greenspan, who reported that she learned it after some missteps while hosting her first dinner party in France. She shared that the day after, a friend gently gave her a list of French customs she unwittingly broke that she may want to know before her next dinner party. That list of faux pas also included the rules that a woman was never to serve wine, and no one was ever to top off their own glass. Being the smart chocolate cookie that she is, Ms. Greenspan reported she rightly eschews those last two rules, as do I.

Looking back on a recent evening with Deborah and Carl Sottosanti at Henry’s Café & Fine Groceries, 20 S. Charlotte Street, Pottstown, I realized that every course involved a twist on honoring our multiple decades-long friendship with such social niceties as giving someone the first or last bite of a shared dish, building a proper perfect bite for someone to try their entrée, and, most importantly, pouring the adult beverages for each other.

For the uninitiated, there is no Henry in the kitchen at Henry’s. This BYOB is owned and operated by the talented Frank Raski, who merely kept the name when he bought the establishment a few years ago. Spoiler alert: he also doesn’t sell groceries. In his snug, darkly lit, 24-seat restaurant, where the menu is displayed on dry-erase white boards that sadly block the best view into the cramped kitchen, Frank evokes all the charm and romanticism of an

The masterful sauce is the highlight of the John Dory entrée.

authentic French neighborhood bistro where one would expect to find a server in a pristine white apron surreptitiously deciding upon whom he should bestow the last of the wine at dinner’s end.

While Frank advertises that his establishment is Frenchinspired, I was delighted to find many of his dishes had nods to his years of culinary training in Hungary. The prime example was our first course. It was an eggplant dip served with a ball of goat cheese and thickly cut, perfectly toasted crostini. Debbie mentioned it as a highlight when she invited us to dine with them. Just as in France, the crusty bread was first rate even though it came from a nearby boulangerie. The spreadable goat cheese had the right level of tang, like a good traditional goat cheese should, but that’s where the French similarities ended and the Hungarian influence in the appetizer took over. Frank cleverly uses whole Japanese eggplants instead of the larger and less flavorful Italian variety. He roasts them with the skin on before removing the sweet tender flesh I suspect he whips with a neutral oil until the combination reaches a state of sublime lightness. Dotted with herbs, this appetizer fulfilled every one of Debbie’s promises and was my favorite dish of the evening.

While Debbie and Carl typically love sharing a heaping bowl of Henry’s mussels steamed with garlic, shallots and white wine, out of deference to my shellfish allergic spouse, they opted instead for a shared pasta appetizer that featured small tortellini with provolone sausage in a light tomato and herb sauce. It paired well with the wines we each carried in. I could have happily ended the meal at that point as we were served yet more righteous bread, from nearby Produce Junction, with a small bowl of herb-infused olive oil for dipping that helped fill the gap between the first two courses.

For my third course, I enjoyed the John Dory served over an Israeli couscous with wilted spinach and thinly sliced half-moons of zucchini and carrots. The colorful plate was topped with sweet

red pepper strips and finished with a silky white wine sauce dotted with a generous amount of freshly ground black pepper. To be honest, the delicate white fish was a little overdone for my preference but that masterful sauce kept it from being too dry while at the same time did not overpower the subtle sweetness of the fish.

Because the limited menu was heavy with shellfish offerings, my spouse opted for the safety of the filet mignon which was served over the same side as my fish. The dish’s rich mushroom and red wine sauce was so good it demanded to be mopped up the with last of the bread. The protein was served at a true medium, something not always found in restaurants that appear to focus more on seafood offerings than red meats.

The four of us shared a vanilla bread pudding topped with a mixed berry sauce, vanilla ice cream, and whipped cream. It was very sweet yet satisfying and the perfect size for the four of us to enjoy without feeling like we over-indulged.

The three-person staff that never seems to stop moving appears to be Frank, presumably a sous chef, and one waiter. Since the restaurant always has all of its 24 seats filled (reservations are a must), the service is slower than slow. But because slow service is the rule and not the exception, no one minds. The prolonged evening means more time to catch up with good friends over good food and drinks in an atmosphere where you are made to feel like family, even if someone else at the table is honored with the last pour.

Ms. Denaro is with the Wyomissing law firm of Georgeadis||Setley.

Chef Henry’s Hungarian influence shines through in the eggplant dip served with a ball of goat cheese and toasted crostini.

The tortellini with provolone sausage in a light tomato and herb sauce is a hearty appetizer ideal for sharing.

New Members

The Berks County Bar Association welcomed 14 new members during a ceremony at the Berks County Courthouse, Courtroom 5A on November 3. These newest members were introduced to judges from the Court of Common Pleas and fellow BCBA members by their chosen sponsors, some of whom were mentors, colleagues and parents. A reception followed at the Bar Association, where the new members and their families gathered and celebrated this incredible milestone in their legal careers. The following individuals were inducted: Julia T. Adams, Craig Browne Jr., Federica Caloia, Lucas Bryan Fick, John Greiner, Lewis Guy Hall, Claire C. Kauffman, Jacob D. Kramer, Valerie Kramer, Katherine Lekh, Stacey L. Lindsay, Alicia Elizabeth Muir, Misty A. Toothman and Emily Washburn.

All 14 new members, their sponsors and judges from the Berks County Court of Common pleas after the ceremony concluded.

Misty A. Toothman’s three children (from left) Carsen, 13; Canaan, 15; and Karis, 16, were in attendance and celebrated their mother becoming a member of the Bar Association.

Claire C. Kauffman with her husband, Cody Kauffman of the Berks County Solicitor’s Office, who sponsored and inducted Claire into the Bar Association.

Julia T. Adams (center) with her father, District Attorney John T. Adams (left), and her mother, Betsy Adams (right).

Alicia Elizabeth Muir with her father John Muir, who sponsored her at the ceremony.

Jacob D. Kramer (center) with his wife Lea Kramer (left), young daughter and sponsor and mentor Victoria Gallen Shutt (right).

Lewis Guy Hall (left) and Katherine Lekh (center), both of Smith / Bukowski, with Hall’s wife (right) at the reception.

Craig Browne, Jr. and Federica Caloia, both attorneys for Cornerstone Law Firm and sponsored by Anthony R. Distasio, during the reception in the Batdorf Room at the Bar Association.

Valerie Kramer (center) and her husband Steve Katin (right) with her sponsor Judge Patrick Barrett (left), for whom Valerie is a Judicial Law Clerk.

DEADORLIVING?

By Donald F. Smith, Jr., Esquire

Ihave been pondering.

The Summer 2022 issue of The Berks Barrister featured two views on the United States Constitution’s Ninth Amendment. One by BCBA Past President Joan London and one by Assistant District Attorney Raymond Edward Baker were each thoroughly researched and well written. Their debate prompted me to ponder the Ninth.

Its language is short, direct but…vague: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Both correctly note that the Amendment has only received passing mention, when mentioned at all in an opinion. Mr. Baker writes that “it has not been the pillar of the expansion, exclusion or protection of rights…” Ms. London cites an observation that it “rests easily in the margins and footnotes of constitutional law.”

Mr. Baker concludes that, with the “Legal Left taking the offensive…an amendment once tossed out like a useless acorn into the dustbin of history may yet grow into a mighty oak.”

On the other hand, Ms. London, applying the originalist theory of interpretation, concludes “the Ninth Amendment was adopted to limit the powers of government, especially the federal government, and was not intended as a source of new or additional Constitutional rights.”

Originalism makes my blood boil. Originalist Justices are Scalia, Thomas, Alito, Gorsuch, Kavanaugh, Barrett and sometimes Chief Justice Roberts. For them, constitutional interpretation is set by the “original understanding” of the document’s language at the time ratification occurred of its seven articles in 1789, the Bill of Rights in 1791 or the Fourteenth Amendment in 1868. Determining our Constitutional rights in the 21st century requires looking to the 18th and 19th centuries. In their mind, the document is dead.

Justice Alito, in his Dobbs opinion overruling Roe v. Wade, actually demonstrates the fallacy of the theory when he cites Brown v. Board of Education in support of overruling an egregiously wrong precedent. Adam Liptak, the

New York Times Supreme Court reporter, disclosed interesting facts in his August 1, 2022 “Sidebar” column.

“The weight of the historical evidence is that the people who from 1866 to 1868 proposed and ratified the 14th Amendment, which guaranteed ‘equal protection of the laws,’ did not understand themselves to be doing away with segregated schools.”

Referring to his Dobbs opinion, Liptak writes: “Justice Alito said that ‘the Constitution makes no mention of abortion.’ A 1956 statement by Southern members of Congress who objected to

no originalist justification for Brown. Liptak concludes: “Brown is generally considered to be a moral triumph and the Supreme Court’s finest hour. A theory of constitutional interpretation that cannot explain Brown is suspect, if not discredited.”

When Justice Scalia was asked, at a law school event, how he reconciled Brown with his originalist theory, he replied, “Even a broken clock gets it right twice a day. Next question.”

Mr. Baker writes in his Barrister piece that “for the past 30 years, the left side of the legal field has lacked a response to Originalism.” That has now changed.

This past September, Berkeley Law School Dean Erwin Chemerinsky’s book, Worse than Nothing—The Dangerous Fallacy of Originalism, was published. It shreds the theory to pieces! An easy read, I recommend it.

In regards to the issue addressed in the Barrister debate, Dean Chemerinsky finds that it is “clear that the Constitution’s enumeration of rights is incomplete and that other rights exist and can be protected…The Ninth Amendment gives courts permission to interpret the Constitution outside of the range of its drafters’ original intentions; in other words, it is a provision that authorizes nonoriginalism.”

Brown, which came to be known as the Southern Manifesto, made a similar point: ‘The original Constitution does not mention education. Neither does the 14th Amendment nor any other amendment.’”

Liptak continues: “In the abortion decision, Justice Alito wrote that ‘by the time of the adoption of the 14th Amendment, three-quarters of the states had made abortion a crime at any stage of pregnancy, and the remaining states would soon follow.”

The Manifesto, in 1956, made a similar point. Of the 37 states in 1868, “26 states that had any substantial racial differences among its people either approved the operation of segregated schools already in existence or subsequently established such schools by action of the same lawmaking body which considered the 14th Amendment.”

If such is the original understanding of the Fourteenth Amendment, there is

Among other sources, he cites a 1987 law review article by H. Jefferson Powell wherein the law professor writes, that with the Ninth, the Framers “chose to leave a question of constitutional meaning for later interpreters.” Thus, its vagueness.

Following 207 pages of terrific analysis, Dean Chemerinsky concludes: “Now is the time to get past the debate over originalism and non-originalism and focus instead on a far more consequential question. What meaning for the words of the Constitution would advance the noblest goals of a modern, democratic, pluralistic society, and how should that meaning be applied in specific cases?” The document is alive!

After much pondering, I have decided that Mr. Baker’s vision for the Ninth is correct. May it indeed grow into a mighty oak!

Mr. Smith is Executive Director Emeritus of the Berks County Bar Association.

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