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BOARD OF DIRECTORS
KAREN H. COOK, President
DANIEL C. NEVINS, President-Elect
PETER F. SCHUCHMAN, JR., Vice President
JACQUELIN M. HAMER, Secretary
ANDREW F. FICK, Treasurer
DANIEL CORTES, Director
SARA R. HAINES CLIPP, Director
JAY M. KURTZ, Director
JESSE C. LEISAWITZ, Director
LAUREN M. MARKS, Director
MARK E. ZIMMER, Director
GABRIELA G. RAFUL, Immediate Past-President
GREGORY E. SCOTT, 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
PAMELA VANFOSSEN, 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.
Karen H.
Esquire
Iam truly honored to serve the Berks County Bar Association as the 91st President in 2024. I look forward to leading our bar association and serving our members this year. Over the past two years, I have attended the annual Conference of County Bar Leaders training conference and met officers from other bar associations and leadership from the Pennsylvania Bar Association. Those whom I have met always comment on what a great bar association we have in Berks County.
Our bar association is great because of the committed and dedicated work of our members. The board of directors serves faithfully to govern the association with forward-looking vision and in a fiscally responsible manner. Chairs and members of our committees and sections work tirelessly to hold regular committee and section meetings, to put together luncheon CLEs, to organize and hold an annual Bench Bar Conference and annual Law Day program, to host the Mock Trial competitions, and to offer social events throughout the year such as Legal Spirits, March Madness, Pets in the Park, the annual golf outing and picnic, and the annual holiday party. This past year, the bar association added family events, including a night at the Reading Royals and a Hersheypark family day.
Our association is fortunate to have an excellent executive director and a friendly and helpful staff. The executive director and association staff help to plan and coordinate the many events held throughout the year. They take care of the many behind-the-scenes details that go into planning and hosting the committee and section meetings, CLEs, and social events held at the bar building and at other venues, and they make all events run smoothly. When an event is finished, they are on to the next
one, working with energy and commitment to ensure all events are successful. The collective work of our members, the executive director, and bar association staff goes into each event. A big thank you to all who contribute to make the bar association activities a success. The contributions from each of you allow us to have a dynamic bar association.
Many thanks to our Immediate Past President, Gabby Raful, for her outstanding leadership in 2023. Gabby worked diligently to make sure our association is the best it can be. In the coming year, I plan to continue and build on the community outreach programs started by Gabby and those who served before her. During her year as president, Gabby focused on jury diversity and several pro bono clinics were held, including clinics for pardons and expungements, citizenship, and name change petitions. A Wills For Heroes program was held again in November to prepare basic estate planning documents for first responders, veterans, and their spouses. The Outreach Committee and Minority Bar Section will be hosting these clinics again in 2024. In addition, I plan to work with Berks County school districts to supplement civics curriculum by providing presentations at the schools on careers as attorneys and law-related fields.
I am excited to work with the board of directors and our members this year to continue the good work of our Association. I welcome your comments, ideas, and suggestions on how we can continue providing informative CLE programs, events that foster collegiality, and other activities to grow our outstanding bar association. Working together, we will continue the excellent work of the bar association in service to our members and the community.
Cook,
Members gathered at the Berkshire Country Club on November 2 for the 2023 Annual Meeting as we celebrated the outstanding accomplishments of our members from the year and welcomed the 91st president of the Berks County Bar Association Karen H. Cook. The bar association recognized the dedicated service of seven 50-Year members: Honorable John A. Boccabella, Gregory S. Ghen, Richard V. Grimes, W. Edwin Ogden, James S. Rothstein, James M. Snyder, and Terry D. Weiler. We were honored to have members of the Pennsylvania Bar Association (PBA) in attendance, including President Michael J. McDonald, Executive Director Matthew Holliday, and Deputy Executive Director & General Counsel William Christman, III. Many members were recognized for their efforts in helping the bar association and the Berks County community, including Jesse Leisawitz, who was presented with the PBA Pro Bono Award.
Gabriela Raful (center) with MDJ Tonya Butler (left) and BCBA Director Daniel Cortes for their work on bettering the bar association and helping the community through spearheading the organization of multiple pro bono clinics, including two expungement and pardon clinics, two citizenship clinics, and a change of name clinic.
Executive Director Kori Walter presents Kathryn Wenztel, managing director for MidPenn Legal Services, with her presidential award of merit for her work with setting up pro bono clinics, screening clients, and training attorney volunteers.
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The bar association congratulates nine attorneys who celebrated their 50th anniversary as members of the bar. During the bar association’s Annual Meeting in November, each 50-Year Member received a small gift as a symbol of gratitude for their service. Each member’s story is worth celebrating.
Judge Boccabella retired in 2016 after serving 10 years on the Bench. He is a Senior Judge of the Court of Common Pleas. As a full-time jurist, Boccabella presided in the Criminal Division where he estimates he heard 10,000 DUI cases during his tenure.
In July 2016, then-Pennsylvania Supreme Court Chief Justice Thomas Saylor appointed Boccabella to preside over the criminal trial of former Penn State President Graham Spanier for failing to take action upon learning about former Penn State defensive coordinator Jerry Sandusky’s sexual abuse of children on campus, on trips to Penn State bowl games, and in Sandusky’s home.
Born and raised in Washington, D.C., Boccabella met his wife, Kathleen, in Miami and spent about two years as a criminal defense attorney in Florida. Boccabella worked in legal services for about 18 months after the couple moved to Berks County. Upon his admission to the Pennsylvania Bar in 1973, Boccabella joined Liever Hyman & Potter for seven years. Boccabella then spent 26 years as a general practitioner before he was elected to the Bench.
Greg spent much of his career as a solo practitioner, concentrating in the areas of family and municipal law. After being admitted to the Bar, Greg worked for the Commonwealth of Pennsylvania as an Assistant Attorney General assigned to the Pennsylvania Department of Transportation until 1976. He served for 41 years as Solicitor for the Upper Hanover Township (Montgomery County) Industrial Development Authority, for the Upper Hanover Township Zoning Hearing Board, and for the Township Board of Supervisors and Planning Commission. He also served as solicitor for the Borough of Red Hill, Montgomery County and for almost 20 years as the solicitor for the Borough of Trumbauersville, Bucks County. He was a member of the Berks County Bar Association’s Family Law, Solo/Small Practice, and Municipal/Education/Real Estate/Environmental Law sections.
Greg was an attorney in the Berks County Bar’s “Project to Provide Access to Justice for Persons of Modest Means” in the family law areas of child custody and support. His work in the areas of child dependency as a parent attorney has brought Greg into close and daily contact with judges, agency directors, social workers, and attorneys in the Berks County Children and Youth Services department. Greg worked with Judge Mary Ann Ullman to create and expand the Parent Attorney Subcommittee. In addition, he engaged in Family Group Decision-Making conferences or meetings and worked diligently to enhance cooperation by and between all attorneys and service providers to achieve the statutorily mandated primary goal of re-unifying the family. Greg noted that he has been blessed that his wife, Jodie, has stood with him, adding he would never have survived without her.
Rick was born and raised in Piqua, Ohio. After graduation from Washington & Lee University Law School, he became a partner of his hometown law firm of McCulloch, Felger, Fite & Gutmann and worked there for 17 years. He then moved to the Berks County area where he was associated with several banks for 8 years. Thereafter, he became associated with the law firm of Hartman, Hartman, Howe & Allerton for 10 years, where he specialized in municipal and elder law. He then became associated with Louis Shucker for a decade. For the last 5 years, he has been “of counsel” for The Miller Law Group, PLLC. He was president and a long-time board member of The Berks County Senior Citizens Council (now Berks Encore) and created a treatise for the Berks County Bar Association entitled “Older and Wiser,” which won an American Bar Association award for the best local bar project in the nation. He has been involved on many boards and community organizations, including the Board of Directors for St. Joseph’s Hospital and Dettmer Hospital Foundation.
Tom recently retired as sole practitioner in Boyertown. He served on the Board of Directors and is a past president of the Boyertown Area Community Trust, which merged into and became part of the Berks County Community Foundation (BCCF) in 1997. Following that, Tom served on the Allocations Committee of the Boyertown Fund of BCCF, which allocated funds to Boyertown Area charities. Tom was appointed to the Board of Directors of BCCF in 2005 and has served until his retirement.
After graduating from Dickinson School of Law as Assistant Editor of the Law Review and member of National Runner-Up Appellate Moot Court Team, Paul clerked for McNees Wallace. He then joined Edelman, Schaefer, Saylor, Readinger and Poore. When President Judge Forest Schaefer and Art Saylor joined the Bench, Paul became a partner in the firm. In 1976, Paul left that firm and began practice as Erickson Ober and Ober. Three years later, he formed Paul R. Ober and Associates, where he continued as managing partner until 2016 when he sold his practice to Mogel, Speidel, Bobb & Kershner, taking on the role of counsel.
In addition to serving on various bar committees and teaching as part of the bar association program at Reading High, Paul engaged in the general practice of law initially, with an emphasis on municipal work, representing townships which he inherited from Judge Schaefer. During that period, Paul litigated a major zoning case, which resulted in his client being able to expand an existing quarry by 200-plus acres.
That victory earned Paul several new clients, which resulted in litigating successfully 32 additional expansions of existing quarries or approvals for new quarries. Concurrently, corporate representation became a primary focus, with acquisitions and mergers forming a large part of Paul’s practice.
Paul notes his primary avocation, in addition to big game hunting all over the world, was and is the breeding, training, and competing with Field Irish Setters, resulting in 12 National Champions and 21 National Futurity winners. Two of those National Champions also won All Breed Championships, including the only Open All Breed All Age Championship ever won by an Irish Setter.
In addition, Paul formed several Field Trial Clubs and has been President of the National Red Setter Foundation for many years. Finally, Paul created the “Celts for Kids” program, where he gives an Irish Setter puppy to four deserving kids annually. Work he notes is “very fulfilling for me and my kennel—Celtic Farms and Kennels.”
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Ed joined the Berks bar and the Berks County law firm of Ryan and Russell in 1973 and spent most of his career representing public utility clients in trial and appellate litigation and participating in legislative matters on behalf of the electric industry. Although a lot of his work took place in Harrisburg and other areas of Pennsylvania, the firm’s main office remained in Berks County, located in Wyomissing in later years, but for many years was in the City of Reading, where Ed often ate in the bar building lunchroom. He also attended Berks bar and Endlich Law Club events when he was in town.
Ed is an active member of the West Reading-Wyomissing Rotary Club and Co-Chair of that Club’s annual Berks County Field of Honor® event held the week of July 4 at the Wyomissing Stone House Park. He also works on behalf of the Miles For Migraine Organization on annual fundraising and Washington, D.C. meetings with Congressional representatives, volunteers with Helping Harvest’s mobile group, and assists with English-as-a-second-language classes.
After receiving his Juris Doctor from the Rutgers School of Law/Newark in 1973, Jim Rothstein was admitted to the Pennsylvania bar and began practicing law in Lancaster, PA with Tri-County Legal Services, which later became Central Pennsylvania Legal Services, representing low-income clients. While working with Legal Services, he primarily did housing law work and had the opportunity to handle law reform cases, including representing the plaintiffs in Tenants for Justice vs. Carla Hills, which resulted in the rescission of HUD’s sale of a rentrestricted, low-income housing project to a de-barred Philadelphia slumlord and eventually a substantial rehab by a Lancaster non-profit benefiting the lowincome community.
Jim was also admitted to the bars of the Pennsylvania Supreme Court, the United States District Court for the Eastern District of Pennsylvania, the United States Court of Appeals for the Third Circuit, and the United States Supreme Court.
In 1976, Jim married Sharon Scullin, Esq. and the couple moved to Berks County. Sharon was an attorney in the Reading office of Legal Services. Jim began doing an interesting and varied civil practice with Calvin Lieberman & Associates, where he was soon joined in the practice by Cal’s son Stephen B. Lieberman. After Cal went on the Bench, Jim continued to enjoy many years of practice with Steve. When Steve ascended to the Bench, the firm of Lieberman
& Rothstein, P.C. became Rothstein & Scullin, P.C. Jim continues to practice with Sharon and their son, Michael Rothstein, Esq., from their office in Wyomissing.
Over the decades, Jim has been active in the community coaching youth soccer and serving on the Board of Trustees of Reform Congregation Oheb Sholom, and then on the Board of the Jewish Federation of Reading/Berks. He has continuously served on our bar association’s Legal Aid/Lawyer Referral Committee, in earlier days was the bar association’s representative on the Central Pennsylvania Legal Services Board of Directors, and has been a regular participant in our Pro Bono program. Throughout, Jim has appreciated the significant contributions that the bar association and its leadership and staff have made to his practice and our community.
Jim began his legal career with Stevens & Lee in 1973 where he spent his entire career, becoming a partner/shareholder in 1978. He served two different terms on the Board of the Berks County Bar Association. Jim was bar president in 2000. In addition, he has served since 2001 on the Law Foundation of Berks County Board of Trustees and was president of the foundation in 2004-2005.
Jim has served the community as a member of numerous non-profit boards, including the Caron Foundation for more than 20 years and the Reading Downtown Improvement District from its inception in 1995 through 2018.
Terry is a partner in the Shillington firm Huckabee, Weiler & Levengood P.C. where he practices family, municipal, estate planning, and corporate law. He served as president of the Berks County Bar Association in 2001. Terry served as president of the Law Foundation of Berks County and continues to serve as a trustee.
Terry has been an exemplary ambassador for the Berks bar on the state level, serving a three-year term as treasurer of the Pennsylvania Bar Association from 20182020. Terry is a past member of the PBA Nominating Committee and the PBA Diversity Task Force. He is a past president, vice president, secretary, and treasurer of the PBA Conference of County Bar Leaders. He also is a past vice-chair of the PBA Quality of Life/Balance Committee. He was a member of the PBA Professionalism and Client and Community Relations committees and served on PBA task forces dealing with governance and legislative relations issues.
Terry has been very active in the community. He’s a former Director of the Family Guidance Center of Berks County and Campfire Boys and Girls of Reading and Berks County, a Co-Founder of the Twin Valley Community Education Foundation – and recently received a Lifetime Achievement Award from that foundation – and served as a long-term board member of the Birdsboro Community Memorial Association. Terry earned a Bachelor of Arts in English Language and Literature/Language from the University of Pittsburgh and a Juris Doctorate from Temple University School of Law.
t was a couple of weeks after special guest speaker Cole Hamels wowed the more than 500 people at the Law Foundation of Berks County and PICPA 15th Annual Holiday Benefit Luncheon that I had a chance to talk with Mark Caltagirone about his thoughts on the event and especially Cole Hamels. Mark, of course, was my partner in the “arm chair interview” of Hamels at the luncheon on December 1 at the DoubleTree by Hilton hotel, which simply was the set up to the usual thorough and astute session of questions from the audience that followed.
I started our conversation with the incisive and profound observation, “Hamels was great.” We both agreed on that immediately after the event ended. Hamels left a positive glow to the event and over the crowd. But I wanted to know Mark’s thoughts on why this event felt special, certainly as good a reaction in the audience as any other event I’ve been a part of in the past.
Mark paused briefly, then said without much additional consideration, “He was unpretentious. He was funny. He was engaging with great stories. And he was
really down to earth with everyone he spoke to; the night before, during the event, and even the day after the event” (when Mark spent some additional time with Hamels). Mark concluded by saying how fortunate we have been that “unpretentious” is a description fitting of most of the speakers at this event.
To digress a bit, in addition to the armchair interview, the emceeing, and the live auction of unique sports memorabilia prior to the interview with our guest, Mark is enveloped in the extensive work leading up to the event, including collaborating
with the sponsors who generously support the luncheon as well as bar association staff and many others who work tirelessly throughout the day to make the event a success. (Note: There is some element of magic involved as well in making the event work. Not the least of which is the magic in the good spirits of those who are attending the event.)
As stated, Mark’s primary function is to make sure that the event goes as well as it ever has. But, for a bit, he gets to be part of what I consider the real fun part: asking questions of the guest of honor as Mark conducts our joint armchair interview and gets to be just a plain baseball fan while trying to keep a tight rein on my geek tendencies to wander into baseball esoterica. The latter process begins a month or so before the luncheon, which is always held the first Friday in December. I send Mark a mountain of information on the career of the keynote speaker together with pertinent stats organized in what I hope is a palatable format. A few days later, Mark and I meet for breakfast and digest the accumulated materials.
Mark will politely point out that some of the stuff that might interest me
might not be as palatable to an audience of moderate sports fans who have been generous enough with their time and money to hear the speaker – but are not baseball geeks wanting to be totally enveloped in trivia. With an exchange of a few emails, the material is modified to be GP (geek proof), and voila, we are ready to ask away on questions which will hopefully be engaging and stimulating to the guest as we hope his answers to them will be received by the audience.
Back to the main subject at hand, Cole Hamels, whose answers to questions in the interview, as well as those posed by the audience, were thoughtful and engaging. One thing that should be noted is that Brian Smith, in one of his final acts as the sports editor of the Reading Eagle, wrote what a century or so ago would have been described as a “crackerjack” article on his interview with Hamels. Subscribers can read that article titled: Former pitcher Cole Hamels remembers time in Reading, success with the Philadelphia Phillies online at readingeagle.com.
As for Hamels, which is why you are hopefully still reading this, we get to his accomplishments of his 15-year career in
the major leagues. First off, a comment in general is that just like a lot of things in life, those 15 years sure went by quickly. From the time he made his debut here in Reading on “Charlie Wagner Night” in 2005 (more on that below) to his no-hitter against the Cubs in his last start for the Phillies in July 2015, it sure seems like a whirlwind. Truth be told, I was paying much more attention to his decade of starts with the Phillies where he recorded 114 of his 163 career wins, 1,844 of his 2,560 career strikeouts, and his ERA was 3.30 versus his career ERA of 3.43.
This is not an objective statement, but the five years at the end of Hamels’ career between 2015 and 2020, which were spent with the Rangers, Cubs and Braves, he put up some fine numbers that we won’t bother putting out because (a) not only was Hamels not on the Phillie anymore, but on top of that (b) during that period between 2015 and 2020, the Phillies were really pretty lousy – no seasons above .500 and two last place finishes. (Even if we don’t put up the numbers, it is only right to point out that Hamels was on the AL All-Star Team in 2016 and did appear in the postseason, twice with the Rangers and
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once with the Cubs.) And again, Hamels was kind enough to throw that no-hitter against the Cubs in his last game with the Phillies (with two miserable walks to Dexter Fowler being the only blemishes that prevented Hamels from tossing a perfect game).
After stints with the Rangers, Cubs, and Braves, Hamels, though injured, signed with the Dodgers and then the Padres, but did not make any more appearances, despite going through excruciating rehabilitation workouts. Sadly, his body did not respond.
Laced with a great deal of humility in his personality, Hamels exuded great pride in his accomplishments. He clearly was also proud of the Phillies teams he was a part of and valued his teammates tremendously. Hamels could take pride in his big league debut on May 12, 2006 against the Cincinnati Reds. He yielded one hit and struck out seven in a five-inning outing that the Phillies won 8-4. Hamels fanned Ken Griffey, Jr. twice in that debut. During his career, Hamels owned the Reds, posting an 11-2 record and 2.30 ERA. He earned more wins against the Atlanta Braves, with a fine 16-5 record and 3.19 ERA against the Phillies’ perennial rival. But Hamels owned the Reds.
Hamels talked about how much he learned from the veteran pitching staff in his rookie year. A staff that included Jamie Moyer, 43; Jon Lieber, 38; Tom Gordon, 39; Arthur Lee Rhodes, 36; and Rheal Cormier, 39.
He also had pride in his teammates when the Phillies pitching staff was dubbed “The Four Aces,” featuring Roy “Doc” Halliday, Cliff Lee, Roy Oswalt, and Hamels. All bona fide aces when everyone was healthy, which unfortunately proved to be a relatively brief period. But it was one of the great pitching staffs in baseball history. Hamels talked of them making friendly wagers with each other about number of innings pitched, strikeouts, or how many innings they would throw in a game before surrendering a walk.
Hamels talked of the evolution of the special relationship with his battery mate, Carlos Ruiz. Hamels related how, in certain games, each seemed to know what the other was thinking. Ironically, Ruiz only caught Hamels twice in his first year, with his games being otherwise caught by Mike Lieberthal, Sal Fasano, and Chris Coste – a couple of memorable names from Phillies Past.
Hamels led the Phillies to a World Series title in 2008, posting a 4-0 record
in the postseason and earning the MVP in the National League Championship Series and World Series. Prior to his remarkable performance in the 2008 postseason, Hamels notched a key win at the end of the 2007 season. Hamels had been experiencing arm troubles over the final portion of that 2007 season but tossed 8 shutout innings in a key 6-0 win over Washington on September 28. The gutty performance provided a key victory in an exhilarating late-season charge toward the National League East title. The New York Mets held a seven-game lead over the Phils on September 12 with just 17 games left in the season. The Phillies stacked up big wins. The Mets collapsed under pressure from their pursuers (a bigger choke job than that of the 1964 Phillies, the sting of which admittedly will never go away). Although the Phils lost to the Rockies in the first round of playoffs that year, the 2007 National League East crown and playoff berth were a catharsis for Phillies fans who had suffered through 14 lousy years following the team’s previous postseason appearance in 1993.
Getting back to Hamels’ 2005 Reading debut, Hamels talked about how he was overwhelmed by the crowd size and fan support that night, laughing about how he didn’t know who Charlie Wagner was
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before that evening but not forgetting who he was afterwards. There was an air of electricity in the stadium generated by Hamels that night in 2005. There was also an air of electricity of a different kind generated by Hamels at the luncheon occurring 18 years later, but electricity, nonetheless.
I was fortunate to have experienced both Hamels’ Reading debut and his spectacular appearance at the Holiday Benefit Luncheon. My, how the time has flown between the two of them. Mr. Engelhardt 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.
The Law Foundation’s 15th Annual Holiday Benefit Luncheon hosted a record audience of over 550 attendees for this year’s luncheon at the DoubleTree Hotel, Downtown Reading on December 1. Customers Bank, serving as the “Hall of Fame” Sponsor for the second year in a row, as well as several other local banks, financial management businesses, and community sponsors, provided crucial support to the Law Foundation’s mission of providing funding for law-related projects and charitable organizations in Berks County.
In 2023, the Law Foundation provided grants totaling more than $45,000 to non-profit organizations serving Berks Countians, such as the Community Justice Project, CASA Berks, and Children’s Alliance Center. In addition to funding non-profit organizations, the Law Foundation supports The Bridge Fund, which provides temporary assistance to at-risk children and families in need throughout Berks County. During the past year, The Bridge Fund has helped a family pay for home heating oil, bus passes that allowed students to get to school and parents to get to their jobs, and school clothing for children in need.
Event Chair Mark S. Caltagirone is already planning for the 16th Annual Holiday Benefit Luncheon, which will be held on Friday, December 6, 2024 at the DoubleTree Hotel in downtown Reading.
In recognition of the immeasurable good she has done in the community and her selfless service to others, Kathleen D. Herbein received the 2023 Sidney D. Kline, Jr. Award for Outstanding Community Service.
The Law Foundation of Berks County established the award in 2013 to honor a person who has made a difference in the Berks community. Kline served as president of the Berks County Bar Association in 1980 and held several leadership positions as an attorney at Stevens & Lee.
Herbein was recognized for her civic engagement and public service during the Law Foundation and PICPA Holiday Benefit Luncheon on Dec. 1.
Franki Aitken, Chief Operating Officer at Berks County Community Foundation, introduced Herbein during the luncheon.
Aitken worked closely with Herbein in two roles. Herbein served as chair of the Community Foundation’s Board of
Directors, and Aitken and Herbein served as trustees at Alvernia University.
Aitken described Herbein as a servant leader who inspired others.
“Kathy is compassionate, humble, smart-as-a-whip, and quick-witted,” Aitken said during her remarks. “And one of the many things I appreciate is that she always makes sure everyone’s voice is heard.”
Herbein graduated from Holy Name High School and went on to graduate summa cum laude from what was then Alvernia College with a dual major of English and psychology.
It was her experience at Alvernia as an adult learner that allowed Herbein to embrace the Bernardine Franciscan values, among them service and humility, and set her on a path to becoming a true servant leader in a variety of community organizations.
She found many outlets for her talent through the years, including serving as:
• Past chair of the Foundation for the Reading Public Museum
• Past chair and board member of Berks County Community Foundation
• Former board member and co-chair of the Berks Catholic Capital Campaign
• Former board member for the United Way of Berks County and Reading Hospital Foundation
• And a current board member of the Wyomissing Foundation
And then there’s Herbein’s alma mater, Alvernia.
She served as an Alvernia board member for 14 years, becoming the university’s first alumna to chair the board of trustees.
During her tenure on the board, Herbein was instrumental in the transformation of Alvernia from a college to a university.
In addition, Herbein was the founding chair of the University’s Alumni Council and chaired Alvernia’s 2004 Presidential Search Committee, which culminated with the hiring of Dr. Tom Flynn.
As a supporter and leader of Alvernia’s Reading Collegiate Scholars Program, Herbein chaired the 2019 “Salute to Tom Flynn Gala,” which generated more than $2 million for the program.
The money Herbein helped raise created countless opportunities for students from Reading to obtain a world-class college education at Alvernia.
Many of the students will be the first in their family to earn a college degree – opening new doors for a new generation of community leaders.
True to the Bernardine Franciscan virtue of humility, Herbein is quick to note that she had a dynamic partner by her side, sharing her passion for improving their community.
That partner was her husband, Carl.
The two met while working at Ernst & Young in the late 1960s and enjoyed 49 years of marriage.
Their Fleetwood home doubled as the original office for the accounting firm that is known today as Herbein + Co.
They have two sons, Andrew, husband of Sherry, and son Peter as well as four grandchildren: Emily, Jack, Charlotte, and Leo.
In 2012, Alvernia University awarded its highest honor, The Franciscan Award, to Carl and Kathy, which acknowledged their steadfast commitment to service.
Shortly before Carl’s passing in 2018, the Berks County Community Foundation honored Kathy and Carl with the Thun Award – recognizing their commitment to promoting philanthropy and improving the quality of life for Berks County residents.
Swanona At Historic Centre Park 606 North Fifth Street, Suite 7
P.O. Box 1339
Reading, Pennsylvania 19603
Tel: 610.378.5555
Fax: 610.378.5551
drb@beanellc.com
www.beanellc.com
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• Former Chairman, Continuing Legal Education Board
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Case involved a Lehigh County school district that amended its meeting agenda to include approval of a collective bargaining agreement without advanced notice
By J. Chadwick Schnee, EsquireArecent Commonwealth Court case, in analyzing recent amendments to the open meeting requirements of the Pennsylvania Sunshine Act, 65 Pa.C.S. §§ 701 et seq., held that government agencies are limited in their ability to amend meeting agendas after they have been published.
The Sunshine Act was “enacted in 1974 at a time of wide-spread public dismay over the Watergate disclosures of extensive secret corruption and abuse of power at the highest levels of the federal government,” and its purpose “was to open the decisionmaking processes of Pennsylvania government to greater public scrutiny and accountability.” Consumers Ed and Protective Ass’n v. Nolan, 368 A.2d 675, 682-83 (Pa. 1977). As set forth within the text of the Sunshine Act itself, the purpose of this law is to ensure “the right of the public to be present at all meetings of agencies and to witness the deliberation, policy formulation and decision-making of agencies,” as such purpose “is vital to the enhancement and proper functioning of the democratic process and that secrecy in public affairs undermines the faith of the public in government and the public’s effectiveness in fulfilling its role in a democratic society.” 65 Pa.C.S. § 702(a). Further highlighting the remedial purpose of the Sunshine Act, the General Assembly declared that it is “the public policy of this Commonwealth to insure the right of its citizens to have notice of and the right to attend all meetings of agencies at which any agency business is discussed or acted upon as provided in this chapter.” 65 Pa.C.S. § 702(b).
In 2021, the General Assembly bolstered the public notice requirements of the Sunshine Act to require all agencies subject to the law to provide at least 24 hours in advance of each meeting and “a listing of each matter of agency business that will be or may be the subject of deliberation or official action at” each meeting. 65 Pa.C.S. § 709(c.1). Importantly, once an agenda is published, an agency cannot vote to approve any item that was not listed on the agenda, with limited exceptions. 65 Pa.C.S. § 712.1.
The amendments to the Sunshine Act
Coleman v. Parkland School District, 305 A.3d 238 (Pa. Commw. 2023) addresses these exceptions. In Coleman, a school district published its agenda in accordance with the Sunshine Act’s requirements; however, during the meeting, a school board member made a motion to amend the agenda to include the consideration of a new multi-year collective bargaining agreement with its teachers’ union that included a 2.9% salary increase for certain positions. According to the school district, the reason that the collective bargaining agreement was added to the agenda was because the teachers’ union voted to approve it earlier in the day (as in, within the 24-hour period prior to the meeting).
A local resident of the Parkland School District and now State Senator, Jarrett Coleman, brought an action arguing that the district violated the Sunshine Act when it voted to amend its agenda to include the collective bargaining agreement
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without first providing any public notice that the agreement would be considered. According to the plaintiff, the Sunshine Act permits agendas to be amended only in three instances: (1) where there is “a real or potential emergency involving a clear and present danger to life or property,” 65 Pa.C.S. § 712.1(b); (2) if, within 24 hours before a meeting, “the matter is de minimis in nature and does not involve the expenditure of funds or entering into a contract or agreement by [an] agency,” 65 Pa.C.S. § 712.1(c); and (3) if a person raises an issue during a meeting, the matter “is de minimis in nature and does not involve the expenditure of funds or entering into a contract, or agreement…” 65 Pa.C.S. § 712.1(d). Because the collective bargaining agreement involved the expenditure of funds, is a contract, and is not de minimis in nature, the plaintiff argued that the district could not amend its agenda to add the consideration of the agreement.
The district, however, argued that a fourth exception allowed it to add the consideration of the agreement. Specifically, the district argued that, under 65 Pa.C.S. § 712.1(e), it could amend its agenda for any reason, as long as (1) there was a “majority vote” to do so, and (2) “[t]he reasons for the changes to the agenda” are “announced at the meeting before” the vote to amend.
President Judge of the Court of Common Pleas of Lehigh County J. Brian Johnson sustained the district’s preliminary objections, and the plaintiff appealed to the Commonwealth Court.
A panel of the Commonwealth Court, in a 2-1 decision, reversed the trial court. Engaging in statutory interpretation, the Court found that the word “or” within 65 Pa.C.S. § 712.1(a) was ambiguous because it is capable of two different meanings: as either exclusive (as in, “or” to the exclusion of “and”) or inclusive (as in, “and/or”). The Court found that interpreting “or” as exclusive in accordance with the district’s argument would lead to absurd result in light of the remedial purpose of the Sunshine Act as set forth under 65 Pa.C.S. § 702(b). The Court found that interpreting Section 712.1(e) of the Sunshine Act as a fourth exception would allow Section 712.1(e) of the Sunshine Act to swallow the entire rule that the agency shall post
the agenda 24 hours in advance of a meeting. Section 712.1(e) of the Sunshine Act would allow an agency, without advance public notice, to amend its agenda and take official action on any matter – including those that are not de minimis and involve the expenditure of funds and/or entering into a contract – at any meeting, as long as the agency majority agrees. There would be no reason for the General Assembly to have included subsections (b), (c), and (d) in Section 712.1 of the Sunshine Act; they would be mere surplusage.
As a result, the Court found that subsections (b), (c), and (d) of the Sunshine Act provide for the circumstances for when an agency may amend its agenda; whereas, subsection (e) provides how agencies may amend agendas, as it “specifies the procedure an agency must follow to amend the agenda…”
Petitions for allowance of appeal of this decision are currently pending before the Pennsylvania Supreme Court as of this writing.
The ruling has significant implications for local government agencies in Pennsylvania, as it clarifies that agencies may not amend meeting agendas for reasons other than in cases of (1) emergency business, (2) de minimis business not involving fund expenditure or entering into a contract that arises within the 24 hours preceding the meeting, and (3) de minimis business raised by a resident/taxpayer during the meeting that does not involve fund expenditure or entering into a contract.
For the public, Coleman allows the public to obtain notice of what items an agency will consider during public meetings with few exceptions. Essentially, agencies cannot add any nonemergency or non-de minimis items to an agenda under the Sunshine Act.
Mr. Schnee represented plaintiff Jarrett Coleman in this matter and is the owner of Schnee Legal Services, LLC.
Members gathered on December 14 at Sts. Constantine and Helen Greek Orthodox Church to celebrate the holiday season by Making Spirits Bright! at the annual Holiday Reception. Members enjoyed a festive atmosphere filled with things that shimmered and shined with good food, great drinks, and even better company. This year’s reception featured the fan favorite shrimp table and carving station as well as a mashed potato bar and a signature cocktail served in holiday baubles.
Peter Schuchman, Berks County Bar Association VicePresident, and Kevin Moore.
Members gather and enjoy good food and great company at this year’s holiday reception. Brad Davis, Taylor Davis, Karissa Rodriguez, Ken Kelecic, Rachel Louviaux, Kaitlin Daley, and Alisa Hobart.
Jackie Hamer, Berks County Bar Association Director, and Colleen Dugan Schearer, both of the Berks County District Attorney’s Office.
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The bar association once again joined forces with the PBA to hold a Wills for Heroes Pro Bono Clinic at Muhlenberg High School on Saturday, November 11. Attorneys volunteered their time to assist and draft over two dozen free estate planning documents for military veterans, first responders, and their spouses. The clinic would not have been possible without event organizer and Berks County Bar Association Director Sara Haines Clipp as well as volunteer members, paralegals, and notaries. The sisters of Kutztown University’s Delta Phi Epsilon Zeta Gamma chapter were a huge help by offering babysitting services for the heroes’ children and aiding attorneys in completing the estate planning documents.
Volunteer attorneys set up at stations throughout the library, paired with a sister from Delta Phi Epsilon Gamma Chapter, as they prepare wills and power of attorneys for the heroes during the clinic.
The Berks County Bar Association welcomed ten new members during a ceremony at the Berk County Courthouse in Courtroom 5A on November 9. The members were introduced to judges of the Berks County Court of Common Pleas, fellow BCBA members, and their families by their chosen sponsors, some of whom were mentors, colleagues, and even family members. Lauren Butterworth, the 2023 Young Lawyers Section President, welcomed the new members into the association with an overview of everything the section has to offer as they embark on their legal career. A reception followed at the bar association where everyone celebrated this exciting milestone. The following individuals were inducted: Julie Foster, Steven T. Gorman, Courteney Alysse Hahn, Caitlin M. Long, Angelica Matias, Shahily Negron, Justin L. Schell, Christopher Tarantino, Elisabeth Timura, and Ashley Trimble.
The new admittees raise their hands as President Judge M. Theresa Johnson administers the oath, declaring them as members of the bar association.
Justin Schell receives his engraved letter opener, a welcome gift from the bar association, from Immediate Past President Gabriela Raful.
Courteney Hahn, Greg Henry, and Elisabeth (Libby) Timura.
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548 SE Ash St., Portland, Ore. www.kannrestaurant.com
You are never too full for dessert and so the reviewer sampled this fried dough dish.
There’s a new destination at the top of my list of the best foodie towns in the United States: Portland, Ore. In November of 2023, we traveled there to visit our son, who works in Beaverton, just outside downtown Portland. To say we ate our way through Portland is an understatement because I believe we saw the inside of more restaurants than we did actual tourist attractions during that long weekend.
Aside from spending quality time with our kid, the highlight of our meals was dinner at Kann, 548 SE Ash St., Portland, owned and operated by Gregory Gourdet, a 2023 James Beard award-winning chef. Billed as “Haitian restaurant meets the Pacific Northwest,” this sleek establishment only takes reservations at noon the first Saturday of each month for the following month. Reservations are handled online and, like ticket sales for a Taylor Swift concert, they are gone within two minutes. You read that right, every slot is filled within two minutes. If you hesitate in grabbing a timeslot, you will fail and have to try your luck the following month.
We arrived 15 minutes early, per instructions from the restaurant. At precisely 6:00 p.m., we were escorted from the private entrance into the modern dining space by Chef Gregory Gourdet himself. What followed was a meal that was timed with the precision of the finest Swiss watch; we were warned by our server that we only had the table for a limited time and advised to make the most of it. While it was clear the staff kept our meal moving to accommodate the reservation after ours, we did not feel rushed, and it did not detract from our experience.
We ordered drinks from the specialty menu before later moving on to a lovely bottle of Oregon Pinot Noir with our entrees. I especially liked that Kann primarily featured local wines. My drink of choice was a PWA Spritz,
The paleo-friendly recipe for these plantain brioche buns substitutes plantain flour for wheat flour. This tender and flavorful starter comes with butter flavored with epis, a Haitian flavor base of peppers, garlic, and herbs.
A homemade charred ginger marshmallow puts the Haitian hot chocolate in a league of its own.
which featured gin, lemon, Cava, and a whole host of other ingredients that made me swoon. Served in a stemmed glass, it was garnished with a thin pear slice that was sugared and dried in a way that created a stunning purple hue around its outside edge. It was a perfect accompaniment to the plantain brioche buns served with an epis-flavored butter my spouse ordered as his starter. Epis is a Haitian flavor base, like a sofrito, that is comprised of peppers, garlic, and herbs. I do not recall ever having something made with plantain flour before, but those buns were so tender and flavorful, I hope it will not be the last time.
My starter was a smoked beet salad that defied logic. It had pickled Bing cherries, cashew brittle, and toasted coconut crumbles. The subtle peppery undertones of the Belgian endive complimented both the smokey and the sweet elements of the dish. As delightful as it was, my son’s twice-cooked pork was the best of our starters. It featured a seasoned pork that when placed on a tostones, then topped with avocado slices and pickled onion, made for a bite that was voted the best of the night by both my husband and my son. Considering that we ordered nine different dishes in addition to our drinks, that was no easy win.
My main course was a glazed duck breast and leg that was seasoned with tamarind and served with braised pineapple. It was all that a proper duck entrée should be and beat out the Haitian coffeerubbed bone-in ribeye served with charred tomatoes and a Creole emulsion my husband selected, as well as besting the herb-marinated king salmon served over stewed peppers our son chose.
This brown mass of mushroom rice didn’t have the most appealing appearance, but after one bite, there’s no denying it is a mouth-watering side.
Sides are ordered separately, and we chose a mushroom rice. Every time I look at a photo of that dish, my mouth waters. When it arrived at our table, I took one look at the brown mass and said I would pass. It wasn’t until my family started raving over it that I took a bite and was hooked. While very different from the crispy eggplant in a sugar cane chili glaze I selected as a side, it paired well with all our entrees.
All dishes are served family-style and, for that reason, we probably over-ordered, but we wanted to experience as much of Chef Gourdet’s fare as we could. We ordered a fried dough dessert to split three ways. It was the least remarkable dish, perhaps because we were too full to truly appreciate it. Somehow, though, in lieu of coffee, I found room for a Haitian hot chocolate that I have since read was a treat the Chef’s mother served him when he was a child. Made with coconut milk, it was seasoned with cinnamon, star anise, and vanilla. Just that chocolate elixir alone was a magnificent ending to a truly righteous meal, but it was topped with a homemade charred ginger marshmallow that elevated it into a league of its own.
While I tend to be hesitant to write about far away restaurants, what makes this restaurant accessible is the fact that Chef Gourdet has written the cookbook Everyone’s Table. My son gave me a copy of it for Christmas, and I have marveled at all the fresh and healthy dishes it contains. What I didn’t realize during our meal at Kann was the precision with which Chef Gourdet crafted his meals to be paleo-friendly. Those plantain buns are made with plantain flour instead of wheat flour. The Haitian hot chocolate is made with coconut milk instead of dairy. Both are good examples of his aim to use only healthy ingredients. If you like cooking, or even just reading cookbooks, I highly recommend it. I can’t wait to try the recipe for epis and play with the magic mushroom spice blend I suspect was in the rice side dish.
Ms. Denaro is with the Wyomissing law firm Plank Frankowski Attorneys at Law.
Ralph J. Althouse, Jr., a past president of the Berks County Bar Association, passed away on Friday, January 12, 2024 at Reading Hospital and Medical Center. He was 92.
Althouse served as Berks Bar president in 1979 and was also active in the Pennsylvania Bar Association, holding the post of Zone Governor for the region. He is survived by his son Kurt, who served as Berks Bar president in 2017.
According to the elder Althouse’s obituary, his passing came exactly 100 days after the passing of his beloved wife, Theresa. Ralph and Theresa shared 68 years together.
Born in Emmaus, Ralph was the son of the late Ralph J. Althouse, Sr. and Katherine (Beidler) Althouse. He was a proud graduate of Emmaus High School (Class of 1949). He graduated from Muhlenberg College, playing on the basketball team, before being called to serve in the Army and stationed in Korea. On his return, Ralph continued his education, receiving his JD from Georgetown University in 1958. He practiced law in Allentown before moving his family to Reading in 1961. He joined Bingaman Hess as a partner in 1970 and practiced with the firm until his retirement in 1993.
In addition to his son, Kurt, husband of Allison Althouse, Ralph is survived by daughter, Terri Ness (wife of Bob Murray) of Reading; grandchildren: Andrew Althouse (Meghan), Daniel Althouse (Amber), Katie Ledwith (Drew), Jamie Drenning (Zachary), Tyler Conway (Nathan), and Craig Ness; eleven great grandchildren, and another due very shortly.
Michael Cleary Boland passed away peacefully on Friday, December 1st, 2023 at his home in Flying Hills. He was 70.
Michael is survived by his loving wife of 20 years, Kathy J. (Hummel) Boland.
Born June 29, 1953, he was the son of the late Lawrence F. Boland (1917-2011) and Nancy Lou (Lebengood) Boland (1926-2010). His father was vice president of The Beryllium Corporation (Reading, PA), and his mother was a homemaker.
A lifelong Berks County resident, Michael grew up in Mt. Penn and later the Greenfields area. He attended St. Margaret’s Grade School in Reading where he excelled intellectually, allowing him to go from 1st grade straight to 3rd grade. This earned him the nickname “Skip,” which followed him throughout high school. Skip was one nickname; he was also called Diamond, Diamond Skip, Dime, and a few others.
He graduated from Holy Name High School (now Berks Catholic) in 1970. He studied mathematics at Lehigh University in Bethlehem where he also played on the golf team. He became an avid golfer and was runner-up at the Berkshire Country Club Championship in 1971.
He then attended Oberlin College, majoring in psychology and music and would often play piano for family and friends throughout his life.
He went on to graduate from Penn State University in 1976 with a bachelor’s degree in Pre-Law.
He attended Dickinson School of Law, graduating in 1979.
Michael began his career as assistant district attorney in Berks County from 1979-81.
He then started private practice in Reading, PA, alongside attorneys Alan Readinger and later Eugene LaManna.
He practiced law for 44 years in Berks County, specializing in personal injury, criminal, and estate law. He was a member of the Berks County Bar Association since 1979.
He was a political activist and served on the Obama campaign in 2008. Michael was a fierce advocate for his clients and touched the lives of all he met through his compassion and generosity.
He was an avid Philadelphia sports fan, including the Philadelphia 76ers, Phillies, and Eagles as well as Villanova basketball. He enjoyed playing table tennis and played hundreds of games with his brother Patrick and other family members.
He enjoyed classic rock, especially the Beatles, The Rolling Stones, Bob Dylan, and The Grateful Dead. He attended over 100 Grateful Dead concerts.
His greatest joy in life was spending time with his family. He will be remembered for his great stories and quick wit.
He is survived by five children from a previous marriage: Jonathan, of Miami, FL; Colleen, wife of Gregory Calcagni, of Wyomissing; Michael F., fiancé of Josephine McGarry of Phoenixville; Katherine, of Wyomissing; and Julia, of Los Angeles, CA. He was also the grandfather of Cadence, Isabella, Robert, Damon Jr., Anthony, and Camille. He is also survived by three stepchildren, Elizabeth, Kelly, and Amy, and two stepgrandchildren, Owen and Amari.
Surviving Michael are four siblings: Lawrence “Larry,” and his partner, the late Catherine McConnell; Joseph Patrick and his partner Shelley Bolek; Stephen and his wife Marit Perman, and Elizabeth Fedorowich and her husband Michael. He is also missed and survived by loving nieces and nephews Snow, Summer, Spring, Olivia, August, and their descendants.
Michael chose to lead by example: “Do unto others as you would have them do unto you.”
He was a member of the Boyertown Rotary Club, serving as past president and chairing three projects to benefit Boyertown Community Park. Charles was a charter member and past president of Building a Better Boyertown, a Pennsylvania Main Street Program, which completed a streetscape along East Philadelphia Ave. in Boyertown. He also was a charter member, past board president, and board member of the group that restored the 1912 State Theater, which now operates the nonprofit State Theater Preseveration Society. Charles also was a charter board member of the General Carl Spaatz National USAAF Museum. He served on the Pottstown Health and Wellness Foundation and was also a lifelong member of St. John’s Evangelical Lutheran Church, former president of its Church Council, and volunteer wherever needed.
Boyertown Mayor Lori Carnes worked with Charles for several years.
“I was always impressed with his ideas, his ability to get things done (and done well) and his resourcefulness,” Carnes told The Pottstown Mercury. “Nothing stood in his way. His dedication to his family, God and his church, and Boyertown was endearing and admirable. Our community will be better because of him for years to come.”
Charles was born June 3, 1936 and was the son of Alfred and Pauline (Charles) Haddad. His father emigrated by himself from Beirut, Lebanon at the age of 16. His mother emigrated from Syria at age 11 with her family. Their last name and food culture stuck out in Pennsylvania Dutch Country, but they were made to feel welcome by the community and the congregation at St. John’s Evangelical Lutheran Church in Boyertown.
He was a member of the Boyertown High School Class of 1954. Charles graduated from the Wharton School of Business at the University of Pennsylvania in 1958. After college, he attended U.S. Army Infantry Officer’s school at Fort Benning (now Fort Moore), Ga. He was a captain in the U.S. Army Reserves until 1966, when he also graduated from Villanova University Law School.
Charles A. Haddad, who served as an assistant district attorney in Philadelphia under Arlen Specter and first assistant district attorney in Berks County, died on December 23. He was 87.
Charles demonstrated his love for his hometown of Boyertown through his several decades of service to the community.
Next to community service, perhaps nothing was dearer to Charles than family. He was married to his beloved wife Mary-Lou (Trout) Haddad for 62 years before her passing in December 2020. He had three children: Jeffrey Haddad (Agnes), Martha Haddad Ketcham (Greg), and Philip Haddad, along with 5 grandchildren: Gabrielle Haddad-Weiser (Philip), Tyler Haddad, Lily Haddad, Sarah Ketcham, and Hannah Ketcham, and one great-grandchild, Coralie Haddad-Weiser. One of five children, Charles is survived by two sisters, Thelma (Haddad) Unger and Barbara (Haddad) Romesburg and was pre-deceased by sister Afifie Haddad and brother George R. Haddad. He also has numerous cousins, nieces, and nephews.
Berks County welcomed 28 new citizens in a Naturalization Ceremony presided by the Honorable Madelyn S. Fudeman on October 11 in Courtroom 5A of the Berks County Courthouse. Elizabeth Kij-Antoniak, Officer for the United State Bureau of Citizenship and Immigration Services, presented certificates of citizenship to the newly naturalized citizens, who originated from eight countries, including Egypt and Tunisia. Guest speaker Berks County Bar Association member George A. Gonzalez, Esquire, shared his story of immigration, naturalization, and dedication to his legal career with the new citizens. Many community organizations joined the celebration, as well as the Muhlenberg High School U.S. Air Force Junior ROTC Color Guard, who presented the colors, and members of the Twin Valley Select Chorus, who sang the national anthem.
If
It came as no surprise when the Supreme Court ended affirmative action last June.
It came as no surprise that the six conservative justices would turn their backs on 45 years of precedent supporting affirmative action.
It came as no surprise that the three liberal justices would dissent, with Justices Sotomayor and Jackson writing passionate opinions in opposition to the majority’s action. Even Chief Justice Roberts referred to the two opinions “as thorough and thoughtful in many respects.”
It came as no surprise that Justice Thomas wrote a concurring opinion “to offer an originalist defense.” The surprise was that he needed 58 pages in order to do so, including calling out Justice Jackson in a direct attack for over seven pages. Harvard law professor Noah Feldman has described the opinion as “an unhinged, ad feminam response.”
Just as surprising was his feeling the need to then summarize his concurring opinion in open court from the bench “in his booming baritone,” as reported in The New York Times.
To paraphrase Shakespeare, “Me thinks the Justice doth protest too much!”
Justice Jackson pushed back in a footnote. She writes that Justice Thomas lists too many “straw men” to “fully extinguish, here.” But for her, the “Takeaway is that those who demand that no one think about race…refuse to see, much less solve…the race-linked disparities that continue to impede achievement of our great Nation’s full potential.”
Seeking further insight on this sparring match between two African-American justices, I sought the opinion of Keith Mooney.
A respected municipal law attorney and former BCBA board member, Keith is part Sengalese and a descendant of slaves. In 1824, a South Carolina plantation owner, Mr. Dandy, purchased 200 slaves off a ship that arrived from Senegal. Keith’s sister did genetic research with 23andMe and learned that their great-great grandfather was among the 200. Once freed, their ancestor became John Dandy, taking his former master’s surname.
In the practice of law, Keith has encountered racism, sometimes subtle, sometimes not so subtle. His first position after graduating from Widener University
School of Law in 1994 was to serve as a Berks County Assistant Public Defender. Four to five months after starting, Keith entered his appearance in a case before a Berks magisterial district judge, who required “that I produce my lawyer identification showing I was an attorney. My opponent, then-ADA Ken Millman, was shocked.”
As for the debate between Justices Thomas and Jackson, I asked Keith whose side he took. Without hesitation, he responded that Justice Jackson, the former public defender, is correct. “We still need
affirmative action. I believe the Equal Protection and Due Process Clauses allow it until today’s lingering effects of slavery and discrimination have been addressed,” he explained. “After all, those Blacks granted admissions are otherwise qualified.”
Justice Jackson believes those lingering effects that “first developed centuries ago are echoes from the past that still exist today.” She cites data from the 2019 Federal Survey of Consumer Finances revealing major gaps between Blacks and Whites in median wealth and income, existing at every income and education level. For example, White families with college degrees, on average, have over $300,000 more wealth than Black families.
Furthermore, “Black home ownership trails White home ownership by approximately 25 percentage points.” She also notes that “despite being about 13% of the population, Black people make up only
about 5% of lawyers.” Keith underscored the latter point by saying, “in a firm of 143 attorneys, I am one of only three Black lawyers.”
She goes on, “health gaps track financial ones. When tested, Black children have blood lead levels that are twice the rate of White children…Race-linked mortalityrate disparity has also persisted, and is highest among infants.”
The newest justice admits minorities have generally been doing better. “But those improvements have been made possible because institutions like UNC have been willing to grapple forthrightly with the burdens of history.”
Keith’s grandmother suffered such a burden. When Keith went off to college at the University of Delaware, she said to him, “I wish I could have had that opportunity.”
Growing up in Aiken, South Carolina, Keith told me “she could only go to school through the 8th grade because the Black high school was 40 miles away.”
Although Justice Thomas recognizes the pernicious history of slavery, he believes the recitation of data by Justice Jackson proves nothing. “Of course, none of those statistics are capable of drawing a direct causal link between race—rather than socioeconomic status or any other factor— and individual outcomes…Individuals are the sum of their unique experiences, challenges, and accomplishments…And race is not to blame for everything—good or bad—that happens in their lives.”
In any event, he posits, “any statistical gaps between the average wealth of Black and White Americans is constitutionally irrelevant.”
Turning back to Justice Jackson’s opinion, in concluding, she writes, “the Court indulges those who either do not know our Nation’s history or long to repeat it.”
Keith Mooney’s ancestors have lived that history. Without affirmative action, he expects history to repeat itself. “We will be moving back to a segregated life.”
Sadly, I will not be surprised.
Mr. Smith is Executive Director Emeritus of the Berks County Bar Association.
