The Berks Barrister Winter 2022/23

BOARD OF DIRECTORS

JAMES M. SMITH, President

GABRIELA G. RAFUL, President-Elect

KAREN H. COOK, Vice President

NIKOLAS D. CAPITANO, Secretary

PAUL F. TROISI, Treasurer

HON. TONYA A. BUTLER, Director

AMY J. LITVINOV, Director

JOHN E. REIGLE, Director

MARK E. ZIMMER, Director

LAUREN M. MARKS, Director

THAD M. GELSINGER, Director

JUSTIN D. BODOR, Immediate Past-President

KOURTNEY E. BERNECKER, 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

www.Hoffpubs.com 9 2022 Annual Meeting 12 Incoming Bar President Outlines Goals for 2023 16 The Death of Stare Decisis? 18 2022 Golf Tournament and Picnic 22 What’s Emotion Got to Do With It? 27 Surviving Ian’s Wrath 30 Miscellaneous Docket 34 Berks County Fall Naturalization Ceremony 5 Opening Statement 24 Book Review 32 Restaurant Review 35 Closing Argument

InvestmentTips forNewAttorneys

Our Bar Association has the pleasure of celebrating the admission of 14 new members to the bar in a wellattended ceremony on Nov. 3 in Courtroom 5A.

At the ceremony, the new members were offered words of encouragement by their sponsors, Bar leadership, and each of the judges in attendance. Among those judges offering remarks was one of the Court of Common Pleas’ newest judges, Jim Gavin. In his typically dry, matter-of-fact fashion, Judge Gavin offered a sobering reminder of a natural truth that every fresh lawyer should be reminded of; namely, that your reputation will be the single largest factor in determining the level of your success in the courtroom, so protect it. Every plea for relief—both in and out of the courtroom—lives in the shadow of its author. The quality of your work product and the integrity of your words will often dictate the direction the first step your plea takes toward its disposition. Judge Gavin encouraged the new members to make investments in their reputations by researching and preparing well and providing the best argument possible within the bounds of the truth.

I agree with Judge Gavin.

So, allow me the liberty of sharing a few ways to increase the chances that your pleas are received well.

1. Honor the Truth. In the broadest sense, the purpose of the law is to uncover the truth and, within the bounds of the truth, administer justice. So, seek to live a life and build a practice that enjoys a reputation for veracity and guard yourself against mishandling or bending the truth. A reputation for truthfulness affords others the luxury of not second-guessing your proffer where there’s otherwise no immediate reason to, regardless of whether the recipient of your plea is a judge, a client, a fellow lawyer, your neighbor, or your spouse. Seek to be truthful in all things in and out of the courtroom.

2. Be Present. My son Jamin’s college football coach, Andrew DiDonato, had several “three-second phrases” he used to encourage his players to live lives of integrity on and off the field. In my opinion, one of his best was, “Be where your feet are.” When you’re meeting with a client, give them your undivided attention. When you’re engaged in legal research or drafting a brief, give it your undivided attention. When you’re with your family, give your undivided attention to them. This goal was hard enough without cell phones but made so much more difficult when COVID made working from home commonplace. Working in the same space you eat supper can naturally blur lines that a commute used to leave much more clear. Take the time to discuss with your employer fair boundaries between your work and home, and then be wherever your feet are.

3. Be kind. Don’t be rude to judges, to the partners in your firm, to attorneys, to your clients, or to your neighbors. Practice is stressful, and in any given week, there can be a

hundred reasons to respond emotionally to a thousand triggers taking the form of opposing counsel, a judge, a boss, a client, or a neighbor. Play the long game. Be willing to swallow an insult today in exchange for a reputation of being the better person a year or two from now. And don’t allow yourself to be fooled into thinking that the partners in your firm are idiots. It takes more energy to run a successful law firm than most fresh associates can imagine. Respect that, especially before you originate a dime. Remember that we are the manifestation of the law to many in our community. Reflect well.

4. Seek Counsel. Train yourself to seek counsel from men and women that have demonstrated a life of integrity. They’re not hard to find. This Bar Association offers so many talented men and women that carry with them a wealth of wisdom and sage advice that would be willingly shared for only an ask. If you have an issue and need to speak with someone about a particular legal issue under circumstances where you might be hesitant to talk to the partners at your firm, this Association offers a Safe Ask program that will provide you with a seasoned member who will listen and offer counsel in the strictest confidence. Everybody needs a sounding board from time to time. All you have to do is ask. To those in this Association on whom I have leaned for advice over the years— and there are many—I offer this, my heartfelt thanks.

Guard your reputation by honoring the truth, by being present, by being kind, and by seeking counsel so that the shadow cast on every plea you offer points in the direction of a positive resolution.

Congratulations to the 14 attorneys who participated in the “Welcome New Members” ceremony on Nov. 3 in Courtroom 5A.

2022

Annual Meeting

Over 100 members of the Berks County Bar Association attended the 2022 annual membership meeting and witnessed history as Gabriela G. Raful became the 90th President of the Bar Association. The Berkshire Country Club hosted the meeting on Wednesday, October 26th, as members enjoyed great drinks and fantastic food. The Bar Association recognized the service of 50Year members John Forry, John Stott, and Judge Arthur Grim; congratulated District Court Administrator Stephen Weber, who retired after 46 years of service to Berks County; welcomed PBA President Jay Silberblatt; carried on the tradition of past bar presidents passing the gavel to the incoming president; and featured remarks from President James M. Smith and incoming President Gabriela G. Raful.

President James Smith (right) presenting John T. Forry (left) with his 50-Year Member gift, celebrating the five decades Forry has been a member of the Bar Association.

50-Year Member honoree John Stott (left) chats with Lisa Siciliano (right).

District Attorney John T. Adams (left) and President James Smith (right) honor retired District Court Administrator Stephen A. Weber (center) for his nearly 50 years of exemplary service with a gift certificate to Building 24 in Wyomissing.

(left to right) Julie Marburger, Christopher Muvdi, and Drew Schwartz.

(left to right) New member Misty Toothman, Brenna Mendelsohn, President-Elect Karen Cook, and Stacey Lindsey.

2022 Annual Meeting

Gabriela Raful

President James Smith lays the Presidential Medal of Honor upon Incoming President Gabriela Raful, signifying her becoming the next president of the Berks County Bar Association.

her ideas and hopes as the 2023 president of the Berks County Bar Association.

Berks County Community Foundation COO and Law Foundation Trustee Franki Aitken with Seidel Family Fund Scholarship recipient Connor O’Boyle.

Immediate Past President Justin Bodor (left), President James Smith (center), and incoming President Gabriela Raful (right) complete the passing of the gavel, a tradition which salutes our past presidents for their service, and welcomes the newest president of the Berks County Bar Association.

Pennsylvania Bar Association Jay Silberblatt addresses the members as he lays out his plans for modernizing the PBA over the next year of his presidency.

presents

Gabriela Raful (center) credits Past Presidents Jill Scheidt and Donald F. Smith Jr. for being terrific mentors and preparing her to take on the role of bar association president.

Lisa Tiger is that rare combination of passion for her business, sales skill, marketing professional and unwavering care for her clients.

The ultimate professional, Lisa is the #1 Top Producing Century 21 Agent in the State of PA, and is consistently ranked in the Top 100 in the US., but proudest of her ranking in Berks County. Lisa cares about the communities she serves, and it shows in her commitment to others.

In these challenging times, Lisa never waivers in her objective to help her clients reach their objective. It is always about YOU. When you are ready to buy or sell, Team up with the Tiger!

President James Smith accepts an autographed photo of former Philadelphia Eagles quarterback Nick Foles' "Philly Special" catch in Super Bowl LII. Smith is a Nick Foles fan, and the bar association presented the framed photo as a token of its appreciation for Smith's leadership as the 89th president.

ATTORNEY DISCIPLINARY AND ETHICS MATTERS

• Judge, Court of Judicial Discipline

• Former Chairman, Judicial Conduct Board of Pennsylvania

• Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania

• Former Chairman, Continuing Legal Education Board of the Supreme Court of Pennsylvania

• Former Chairman, Supreme Court of Pennsylvania Interest on Lawyers Trust Account Board

• Former Federal Prosecutor

• Selected by his peers as one of the top 100 Super Lawyers in PA and the top 100 Super Lawyers in Philadelphia

• Named by his peers as Best Lawyers in America 2022 and 2015 Philadelphia “Lawyer of the Year” Ethics and Professional Responsibility Law and Legal Malpractice Law

President James Smith (left) and incoming President Gabriela Raful (right) thank Pennsylvania Bar President Jay Silberblatt (center) for speaking at the annual meeting.

New Director of the Berks County Bar Association Jay Kurtz, current Director John Riegle, and past Berks County Law Journal Editor Pam Van Fossen catch up before the meeting begins.

President James Smith presides over the 2022 Annual Membership meeting.

Incoming Bar President Outlines Goals for 2023

Gabriela G. Raful will be the 90th President of the Berks County Bar Association in 2023. She formally accepted the presidential gavel during the Annual Meeting on October 26.

Raful is the first Latina – indeed first minority – to lead the Berks Bar. In her address to members at the Berkshire Country Club, she outlined an ambitious outreach agenda for the upcoming year and shared the incredible story of her journey from her native Dominican Republic to the bar association presidency.

The following is a copy of Raful’s remarks:

“Good evening bar association members and special guests. Thank you for the opportunity to serve you in this capacity.

I feel deeply humbled by your vote of confidence and by the challenge it represents to advance the agenda of our bar association, especially as I consider the caliber of the distinguished individuals who have occupied this position before me.

I also feel deeply grateful to my partners at Galfand Berger, LLP and my family for encouraging me and giving me the bandwidth to take on this exciting responsibility.

In this upcoming year, our executive team, board, committees, sections, Executive Director, and staff will endeavor to serve the unique needs of our almost 600 members and the communities that we serve.

We envision a dynamic bar association that responds to the needs of our members and offers engaging events that bring us together to learn and collaborate. A bar association that celebrates and highlights the success of its members and carefully weighs opportunities to increase membership. In addition, a bar association that diversifies its non-membership and non-law journal sources of revenue. And a bar association that expands meaningful educational outreach programs for the public as well as assuring access to justice.

I call upon you to guide our trajectory, to participate often, to help us build a stronger bar association by inspiring in our members the values and principles that make you successful. I’m convinced that we will have a great year.

I stand here today mostly because of the challenges and opportunities I have been provided by this association and its members. You have opened several doors, given me valuable lessons, and provided a wonderful network of support, all so I can pursue my own version of the American dream.

However, I must confess that for me, it all started at the age of 18, while in pursuit of a man named Lenin Agudo. He has since been my best friend and husband. I packed my bags in the Dominican Republic in 2005 and migrated to Reading barely knowing any English. It took me nine months and a miracle to meet English proficiency levels, pass admissions exams, and get accepted to college. The truth is that during my freshman year, I understood roughly 50% of what was said in the classroom. I was learning a new language, new cultural norms, the academic world, and local traditions, while having a household and trying to make ends meet. Despite my language barrier, I graduated Magna Cum Laude in a little over three years. While my English improved, as you can hear now, my accent forever remains.

Incoming President Outlines Goals for 2023

Through college and then law school, I worked as a paralegal for Norman Weinstein, my then-boss and forever mentor. That’s when I first met members of this bar association. I recall having lunch with Herb Karasin and telling him I wanted to go to law school. I still recall his motivational words and his encouragement. I never imagined that in a few years we would be referring cases to each other.

Upon graduating from Widener University in 2012, I met Berks County’s biggest bar aficionados: Don Smith and Jill Scheidt.

At the bar’s admission ceremony, Don was very proud to share that our association had 26 committees and 12 sections, and therefore, there was something for everyone to do, including me, he said.

What could a recently naturalized, freshly minted Latinx with a thick accent possibly have to contribute to this bar association? I was concerned that I may be considered a foreigner or an outsider to some in the legal community.

I was wrong, and that is the point of this story.

Don Smith encouraged me to be involved, to contribute in meaningful ways to our association and showed me the value of bar membership. Thanks to that involvement, I met many of you as we volunteered planning CLE programs, community outreach activities, and as we provided the most meaningful work of all: pro-bono.

Then I met the super contagious Jill Scheidt. She too motivated me to be involved. Whether it's salsa dancing, her passion for the law, or for strengthening our bar, Jill often leads you to action.

I recall calling Jill when I was overwhelmed with having to juggle an active and growing practice with motherhood and still wanting to find time to be involved in our bar. Her vision of what the bar association can do for you and what the bar can do at the state level with PBA was eye opening; it encouraged me to join PBA’s Bar Leadership Institute and learn about best practices in bar operations and governance.

This bar association provides the opportunities to meet great people who will be mentors and then become friends. Don and Jill have been exactly that. They have become the greatest treasure this association has provided me with. Thank you both for your support and guidance.

I know that you too have met great people, made good friends, and enhanced your practice and referrals as a result of your bar membership. If you are still looking for more, help us create more meaningful engagements this upcoming year.

For the younger lawyers, know that whether it is at a Legal Spirits Happy Hour or a naturalization ceremony, your meaningful engagement will lead you to meet other colleagues before you become temporary opponents in court.

Talking of opponents in court, do you remember your very first deposition? Mine was in 2012. Dan Bausher was on the other side. Don had already introduced me to him. I was nervous and he sensed that. While being an excellent advocate for his client, he guided me and helped in that case in ways he may not even remember. He won the case, but I won by learning from him. That story is an example of the collegiality and civility that this bar fosters. That is one of the many benefits this association has to offer to its members.

The pandemic was a challenge, to say the least. I admire our Executive Director Kori Walter and past presidents, Eden Bucher, Justin Bodor, and Jim Smith, as they successfully navigated transforming our programs and providing virtual options.

It is time that we take lessons from the pandemic and hit the restart button for 2023.

In looking forward to the future, I am even more excited as the Judges of Berks County made history by electing its first female President Judge, Theresa Johnson. Please join me in congratulating her.

In preparation for serving you as president, in the past 3 months, I have met and spoke with many of you, I have reviewed our strategic plan, dug through past membership surveys, and have gotten inspiration from prior presidents and executive committee members. Everyone I spoke with is optimistic about the future and believes that much could be achieved, primarily because of the energy and synergy of the members of this organization. You are ready for more in-person activities, and you want more family events and perhaps a bar retreat. Let’s make that happen!

Together we can reenergize as members to share, collaborate, provide mentorship, stewardship, and guidance to other members of the bar and to the communities that we serve. To achieve this goal, however, it is imperative that we re-engage. Participate, take charge of a committee, a section, or a project that you care about. Help us amplify our programming for our members and our outreach efforts for the communities we serve.

Post-pandemic, we know that most membership organizations are undergoing economic and membership challenges. As our treasurer reported, we are doing well. However, we want to strengthen our financial position in order to meet the challenges of the future. One of the goals for this year is to work with the Lawyer Referral Committee in considering the expansion of its program and making it profitable for the association as a significant source of nonmembership and non-law-journal revenue.

Our Bylaws committee is also working hard as we carefully weigh the opportunity to increase membership by reviewing and adding membership categories to our bylaws. We plan on finalizing a review of the bylaws as we consider expanding membership categories to honor and welcome retired members and law students, among others.

One of our main goals when it comes to community outreach in 2023 is to implement a jury duty awareness program for our minority communities. The right to be judged by a jury of one’s peers should be more than words. Jury diversity is essential in the fair and impartial administration of justice. While minority communities face process-related barriers to engage in jury duty, there are also juror-centric barriers. Those juror barriers not only include the economic hardship that jury duty may cause but also individual attitudes towards jury duty. As Chief Justice Sanchez in the Eastern District concluded in a Law Review article concerning jury diversity: “Courts cannot be left alone to ensure that juries be truly reflective of their communities because the strength of our jury system depends on people’s engagement with the system. Therefore, fostering community engagement that encourages active participation in the legal system is crucial. We will work with partner organizations, both in the nonprofit and private sector, in educating and promoting active participation of minorities in jury duty.”

I know I have spoken for a long time, but it's only because I want to encourage you to re-engage and because the agenda is full, and the goals are high! Let’s make 2023 a great year for this Association!

I am honored to be here, I thank you for this privilege, and I vow to work hard to make sure we have the programming that you want, and that we engage further with the communities that we serve. Thank you.”

Has the Dobbs Decision permanently upended the balance & public perception of the High Court?

By Raymond Edward Baker, Esq.

On June 24th, 2022, the United States Supreme Court opinion in Dobbs v. Jackson’s Women’s Health et. Al. was issued1, with Justice Samuel Alito writing the opinion of the Court. After nearly 60 years of existence, Roe v. Wade, Planned Parenthood v. Casey, and their progeny were overturned. The Right to Privacy was no longer guaranteed in the United States, and the issue of the right to an abortion was returned to the states. Five Justices joined Alito in his opinion, stating that even though every opinion from the Court since Roe had upheld the right to privacy as stare decisis, the Court cast that off as in their opinion because “Roe was egregiously wrong from the start.”2 Putting aside the health concerns now facing American females, including rape victims, dangerous fatal pregnancies, and even children, along with the financial, physical, and other perils that this ruling now leaves in the hands of local political leaders; we should and must look at the process of overturning over half a century of previous Supreme Court rulings and whether the killing of Roe & Casey was a political hit job by 6 Republican appointed Justices or merely our Highest Court attempting to “only do [their] Job.”3

Stare decisis, Latin for “to stand by things decided,” is the bedrock principle of legal theory in not just America, but a majority of the English-speaking world.4 Unlike in other western nations that rely on what is known as “civil law or civil code,” where courts play a lesser role, in the United Kingdom and her former colonies, common law, or laws based upon previous rulings, hold great sway. Precedent, norms, and mores hold an extremely profound effect in the United States judicial system due to this doctrine. Centuries old rulings and decisions shape differences in

opinions leading certain states, such as Pennsylvania, to be stricter in protections on privacy than states they may share borders with, as the common law in Pennsylvania state judiciary will uphold and protect rights in a way that Maryland may not!

This of course is not merely a state courts issue either, as precedent, stare decisis, and common law is the basis for the majority of the current existence of the federal judiciary. In a pure strict originalist reading of Article III of the Constitution, the Supreme Court is only to oversee cases involving dignitaries, maritime law, and certain state/united states controversies.5 Such a limited judiciary makes sense, as Thomas Jefferson (our Constitution’s main author) believed that “the Constitution is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.”6 This towering branch of government finds its seed and root in, of all things, stare decisis, and the precedent of judicial review that was developed whole cloth in John Marshall’s opinion in Marbury v. Madison.7 Madison set two centuries of precedent that the Court has the right to review all cases, and no one outside the most ardent of sovereign citizens would dare to suggest otherwise.

However, just because the Supreme Court makes a decision does not mean they cannot reverse course. Dobbs is not unique in the Supreme Court un-ringing its own bell. Plessy v. Ferguson,8 arguably the second biggest stain on the Court after Dredd Scott v. Sanford,9 was overturned by the Warren Court in Brown v. Board of Education10 60 years later. Lawrence v. Texas11 brought down the Court’s decision from 17 years earlier in Bowers v. Hardwick,12 ending all sodomy laws used to criminalize homosexuality. And in a more esoteric sense, the most recent example prior

to Dobbs was District of Columbia v. Heller13, where the Court offered a newer interpretation of gun control and the right to bear arms, contrasting with a century of stare decisis that had always permitted the states to limit access to guns.14

Where Dobbs is unique, as in the above cases, the Court overturned itself and spurned stare decisis in favor of granting more rights to its citizens and limiting the state’s ability to restrict access to freedom. Whether or not it aligns with one’s political views, it is undeniable. The Court in overturning itself did so to guarantee access to rights in that of self-protection, the ability to love how one sees fit, and guaranteeing each individual access to equal education regardless of race. Dobbs stands alone in that it restricts access by stripping away the right to privacy in one’s healthcare.15 Additionally, Dobbs is unique from these other instances of Supreme Court overturning its own precedent, in that the legal argument for overturning The Right to Privacy to an abortion had been heard by the Court repeatedly16, and in those cases the Court explicitly stated due to the rules of stare decisis that Casey & Roe were the law of the land.17

Some may see this article as the frustrated musings of a person whose “side” lost the abortion debate. However, in overturning the right to privacy that had been guaranteed in Roe and Casey for a generation, the Court struck a serious blow to its own legitimacy in the eyes of the American public. Nearly a decade plus after essentially ending a contested presidential election,18 the Supreme Court enjoyed favorability a politician could only dream of.19

The polling shows that by upsetting the applecart in Dobbs, the Supreme Court20 is now being viewed, rightly or wrongly, as far more political. Many on the left have called for President Joseph R. Biden, Jr. to pack the Court or push for Supreme Court term limits. 21 With more and more people arguing the Supreme Court has gone rogue22, this could eventually lead for a push to state the Supreme Court lacks jurisdiction to conduct judicial review under Article III, and that Marbury v. Madison does not need to be followed — the ultimate death of stare decisis. Whether or not you agree with the Supreme Court of the United States on overturning Roe, one of the “profound moral issues”23 of our time, it is clear we are in unchartered waters as a nation, and in the legal field. With the death of Roe and Casey, now no cow is too sacred, and a few untimely deaths or retirements on

the Bench could shake up a now far more politicized Court again. This decisive attack on stare decisis by the Roberts Court may lead to someday Dobbs, Bruen24, Citizen’s United25 or other “settled law” finding themselves on the judicial butcher’s table as well.

Raymond Edward Baker is a Berks County assistant district attorney.

** The Opinions & Statements expressed in this article are the sole opinion of its author and do not reflect the Opinions, Policies, or Procedures of the Berks County District Attorney’s Office.**

1 The Opinion was originally leaked on May 2, 2022, while this was of grave concern to some, it wasn’t the first time a decision was leaked (Ironically enough Roe v. Wade itself was leaked prior to issuance) and there is no way to know whom leaked it and for what reason.

2 Dobbs at 6.

3 Dobbs at 69.

4 There are certain exceptions for areas in The United States and Canada such as Louisiana and Quebec respectively as they have influences in their legal systems from their times as French Colonies.

5 USCS Const. Art. III.

6 “Jefferson on the Supreme Court.” The New York Times, The New York Times, 23 June 1861, https://www.nytimes.com/1861/06/23/archives/jefferson-on-the-supreme-court.html.

7 Marbury v. Madison 5 U.S. 137 (1803).

8 Plessy v. Ferguson, 163 U.S. 537 (1896).

9 Dredd Scott v. Sanford, 60 U.S. 393 (1856).

10 Brown et. Al. v. Board of Education of Topeka Et. Al., 347 U.S. 483 (1954).

11 Lawrence v. Texas, 539 U.S. 558 (2003).

12 Bowers v. Hardwick, 478 U.S. 186 (1986).

13 District of Columbia v. Heller, 554 U.S. 570 (2008).

14 United States v. Miller, 307 U.S. 174 (1939); Presser v. Illinois 116 U.S. 252 (1886); United States v. Cruikshank, 92 U.S. 542 (1875).

15 Supporters of the Dobbs Ruling will note that the Court merely “returned the issue to the States” but since prior to the ruling under Roe & Casey all States were barred from banning abortion, returning it to the states is akin to stripping away the right based solely upon where one lives.

16 June Med. Servs. L.L.C. v. Russo, 140 S. Ct. 2103 (2020); In Russo, the Majority Opinion directly cited Stare Decisis as to why Casey must stand as the law.

17 Whole Woman's Health v. Hellerstedt, 579 U.S. 582 (2016) – In addition, there are countless more cases that would fill up the footnotes.

18 Bush v. Gore 531 U.S. 98 (2000).

19 Gallup, Inc. “Gallup Polling of The United States Supreme Court.” Gallup.com, Gallup, Inc., 24 Aug. 2022, https://news.gallup.com/poll/4732/supreme-court.aspx.

20 Savage, Charlie. “'Court Packing' Issue Divides Commission Appointed by Biden.” The New York Times, The New York Times, 8 Dec. 2021, https://www.nytimes.com/2021/12/07/us/politics/ supreme-court-packing-expansion.html.

21 United States, Congress, Supreme Court Term Limits and Regular Appointments Act of 2020. 2020. U.S. G.P.O. Congress.

22 Ford, Matt, et al. “The Chief Justice Who Isn't: How John Roberts Lost Control of the Supreme Court.” The New Republic, 20 Oct. 2022, https://newrepublic.com/article/168051/john-robertslost-control-supreme-court?utm_source=newsletter&utm_medium=email&utm_ campaign=tnr_daily.

23 Dobbs at 1.

24 New York State Rifle & Pistol Association Inc. v. Bruen 597 US _ (2022).

25 Citizens United v. Federal Election Commission 558 US 310 (2010).

Golf Tournament and Picnic

On September 15, 2022, over 60 members of the bar association attended the annual golf tournament and picnic at The Flying Hills Golf Course. During the day, thirty-two members teamed up into eight foursomes to participate in some friendly competition on the golf course. The winners of the golf tournament were John Stott, Mark Merolla, Jim Mancuso, and Kurt Geishasuer while Julia Adams won Women’s Longest Drive, The Honorable Jeffrey Schmehl won Men’s Longest Drive, Kelsey Frankowski won Women’s Closest to the Pin, and Phil Edwards won Men’s Closest to the Pin. At night, the golfers were joined by other members of the bar to enjoy cocktails, food, and great conversation at the beautiful Barn at Flying Hills. The event was organized by

Events Committee chairwoman Julie Marburger.

Honorable Jeffrey Schmehl, Jeff Bukowski, Sam Cortez, Jim Polyak, David Sobotka, Ken Millman, and Eric Fabrizio relax after a long day of golfing before dinner is served.

Honorable Jeffrey Schmehl is all smiles after winning Longest Drive in the men's division.

Salvatore Folino scorches a drive down the middle of the fairway from the fifth tee.

John Stott, James Mancuso, Kurt Geishauser, and Mark Merolla took home the top prize with a 9 under par.

Continued on next page

Golf Tournament and Picnic

Carl Mantz and Bernard Mendelsohn catch up before dinner is served.

Michael Koch, Jordan Fegley, Kelsey Frankowski, and Julie Marburger before kicking off the annual golf tournament.

Vice-President Karen Cook and President-elect Gabriela Raful after dinner.

Phil Edwards and Greg Henry watch Ron Cirba tee off.

Events Committee Chair Julie Marburger congratulates Kelsey Frankowski for earning “Closest to the Pin” honors in the women's division.

Members of the bar networking with one another at the annual picnic.

Julia Adams won the Longest Drive for the women’s division in the golf tournament.

Featuring ...

THE MANHATTAN TRANSFER 50TH ANNIVERSARY & FINAL WORLD TOUR with special guest THE DIVA JAZZ ORCHESTRA CHRIS BOTTI STANLEY CLARKE

RNR: RICK BRAUN & RICHARD ELLIOT with special guest PETER WHITE LARRY CARLTON & PAUL BROWN

CELEBRATING WOMEN IN JAZZ II featuring REGINA BELLE, AVERY SUNSHINE, MAYSA, LORI WILLIAMS and more

WEST COAST GROOVE featuring ADAM HAWLEY, MARCUS ANDERSON, REBECCA JADE and more VICTOR WOOTEN & THE WOOTEN BROTHERS

District Attorney John Adams and President Jim Smith chat at the picnic.

John Stott sinks a gimme putt.

Honorable Jill Koestel and Suzanne Palmer before dinner is served.

Julia Adams and Brad Davis are excited to get out on the golf course.

What’s emotion got to do with it?

By Angélica Matías, Esq.

To be a lawyer, you have to be intelligent. Right? If you are a judge, you have probably demonstrated a high level of intelligence as well. What does it mean to be intelligent? Are we all intelligent in the same way? What is emotional intelligence? What role, if any, does emotional intelligence have in our performance as attorneys or judges?

I, by no means, claim to possess a definitive answer to these questions. After all, I only have a bachelor’s degree in psychology and a little over four decades on this planet. I do, however, declare myself a curious student of the matters of the brain and the mind.

Intelligence has been defined in many ways. A quick search of the dictionary defines it as: “Capacity for learning, reasoning, understanding, grasping truths.”i In 1983, psychologist Howard Gardner, who was born in Scranton, Pa., developed his theory of multiple intelligences, which included: verbal-linguistic, mathematical-logical, visual-spatial, intrapersonal, bodilykinesthetic, interpersonal, naturalist, and musical-rhythmic intelligences.

This theory of multiple intelligences can explain why some people are more adept at figuring out if a piece of furniture fits in a space, or why some of us are better at karaoke night than others. Lawyers will probably rank very highly on verbal-linguistic intelligence.

By 1995, psychologist Daniel Goleman became known for his theory of emotional intelligence, proposing yet another paradigm on how we define intelligence. The elements of emotional intelligence, or EQ, include: self-awareness, selfregulation, motivation, empathy, and social skills. In a later book, titled Working with Emotional Intelligence, Goleman proposes that in jobs that require analysis and skills to resolve complicated problems, like the legal profession, emotional intelligence plays a crucial role in determining the quality of performance.

We associate intelligence with something that happens in our brains. Are our brains distinguishable from our minds?

In 2011, psychiatrist Daniel J Siegel defined the mind, in contrast with the physical structure of the brain, as a relational process that regulates the flow of energy and information.ii If the mind is more than the brain, and the mind holds the key to our intelligence, then by Siegel’s definition, our intelligence nurtures itself everyday from that never-ending flow of energy and information of our daily lives.

If you are still reading, you may be wondering, what does any of this have to do with me? Or maybe, you have already figured it out. After all, you are a lawyer and an expert in figuring out stuff.

The nature of legal work or judicial function is essentially solving problems. We are given a set of rules (the law), and when provided with the problem (the controversy), we figure out what rule should be applied (case or statute) to bring about a solution (resolution/remedy). Emotions are not part of the equation. Although in the last decade, some law schools have started to offer courses dealing with well-being and even mindfulness. Most of us were probably not trained in the arts of dealing with emotions. We may even think that the farther away we are from bringing emotions into our jobs, the closest we will be to a fair and speedy resolution of a controversy.

Note that all controversies bring about some emotions. Although it may be clearer to see those emotions in full display in a family court case or a wrongful death case, by definition, where there are humans in conflict, there is emotion.

Lawyers in general, but judges more specifically, are expected to “put their emotions aside” while performing their job. They are also required to keep their emotions in check. These expectations have even been codified in our rules of conduct.iii Lawyers are expected to communicate with clients in a way that allows for informed consent. This is not always an easy task, especially when our clients are feeling stressed, sad, lonely or angry. The attorney may be experiencing his or her share of feelings as well. He or she may be feeling drained after a long day of work or frustrated about work or personal matters.

Judges are expected to handle their own emotions so they do not show from the bench. They have to be patient, to keep the decorum in a courtroom full of individuals who may be experiencing an emotional turmoil. They may have to arbitrate a debate that has become too heated between attorneys.iv All of that is expected of a person, an individual, a human, who is processing information and experiencing emotions, as every other human does.

Is there anything that we can do to improve in our capacities for self-awareness, self-regulation, motivation, empathy and social skills, which are the pillars of emotional intelligence? Yes. Jon Kabat-Zinn, professor of medicine emeritus at the University of Massachusetts, has brought the practice of mindfulness meditation to a prominent place in western neuroscience and psychology research. He defines mindfulness as the awareness that arises from paying attention, on purpose, in the present moment. Siegel has derived from mindfulness, his proposal in Mindsight. The latter invites to that intrapersonal intelligence, the ability of “seeing our mind.” Breathing is a key element of this meditative practice. An activity belonging to the autonomous systems on our body, becomes a human endeavor, when done purposely.

The ability to engage in active listening, to perceive nonverbal cues, to feel the exchange of energy, is in my opinion, underestimated and underutilized. Dedicating a few moments a day to be with our mind to breathe, to understand what we are thinking or feeling and why can help us grow our ability for empathy, understand our motivations, and improve our social skills.

Cultivating emotional intelligence, in the form of selfawareness, self-regulation, motivation, and empathy, is not only beneficial to better comply with ethical standards, it is also beneficial to promote well-being. Lawyers are problem solvers, or maybe problem gatherers. Listening to people’s problems every day, interacting with people, at what most of the time is a very difficult time in their lives, can be emotionally draining. Taking refuge in the abstractness of law, may seem like a good strategy. However, being present, actively listening, being aware not only

of our own emotions, but empathetic to the emotions of others, may be the vitamin we need to perform optimally.

As Tina Turner wrote in the song that inspired the title of this article: “What’s love got to do with it? Who needs a heart when a heart can be broken?” We tend to protect ourselves from pain, from feeling certain emotions. In the case of lawyers and judges, that tendency is not only desired, but expected. However, eliminating emotions from legal work it’s all but an illusion, a fiat.

Ms. Matias is a staff attorney for the Reading Office of MidPenn Legal Services. The Opinions & Statements expressed in this article are the sole opinion of its author and do not reflect the Opinions, Policies, or Procedures of MidPenn Legal Services.

i “Intelligence”, definition from Word Reference Random House Unabridged Dictionary of American English 2022

ii Siegel, Daniel. Mindsight The New Science of Personal Transformation. Bantam Books (2011). iii Rule 1.1 Competence

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.Rule 1.4 Communication

(a) A lawyer shall:

(1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, is required; (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished; (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; and (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Code of Judicial Conduct Rule 2.6. Ensuring the Right to Be Heard.

(A) A judge shall accord to every person or entity who has a legal interest in a proceeding, or that person or entity's lawyer, the right to be heard according to law. 207 Pa. Code 33 Canon 2 Rule 2.8. Decorum, Demeanor, and Communication with Jurors.

(A) A judge shall require order and decorum in proceedings before the court.

(B) A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, court staff, court officials, and others subject to the judge's direction and control. 207 Pa. Code 33 Canon 2.

iv Maroney, Tery A. The emotionally intelligent judge 49 Court Review. 100 (2013) Vanderbilt University Law School available at https://scholarship.law.vanderbilt.edu/cgi/viewcontent. cgi?article=1854&context=faculty-publications.

Book Review

Red Famine

By ANNE APPLEBAUM Reviewed by Eric J. Taylor, Esquire

When Russia attacked Ukraine in February 2022,

I was largely uninformed about that country.

Although I have traveled and lived abroad, including different countries in Europe and Asia, I regrettably knew little about Ukraine. I could not have located the Baltic nation on an unlabeled map before February 2022.

But following the invasion, I tried to learn more about Ukraine. In doing so, I read the 2017 book Red Famine by Anne Applebaum. The book’s focus is on a famine in the early 1930s that was worsened by the USSR and caused millions of deaths in Ukraine. I learned about the Holodomor, which is similar, both in spelling and tragedy, to the Holocaust. Holodomor comes from the Ukrainian language: ‘holod’ means ‘hunger’ and ‘mor’ means ‘extermination’. At first glance, the word instantly reminded me of ‘Holocaust’. Sadly, the two tragedies are similar in that both saw millions of people killed by government action and/or inaction. As the Holocaust was a genocide, Ms. Applebaum argues that the Holodomor was a genocide against the Ukrainian people.

Red Famine focuses on the Holodomor and how Russia, with Joseph Stalin as its leader, exacerbated the famine, which resulted in millions of Ukrainian deaths. She concedes that this same famine affected other areas of Russia, which also resulted in many deaths.1 However, Ms. Applebaum contends that those in Ukraine suffered far more than the rest of Russia and that there were more casualties within Ukraine because of conscious decisions made by the Kremlin. The book also dealt with Russia’s animosity towards

an independent Ukraine during the 20th Century.

Prior to the 1900s, Ukraine primarily had been a part of larger empires – mostly Russian, but at times Poland as well. Shortly after the downfall of the Russian Czars, the Ukrainians had a brief period where the country was finally autonomous and free of foreign powers. However, this did not last long, as Russia again forcibly brought Ukraine back under its yoke.

In the 1920s, Ukraine suffered through a famine, though it was not nearly as severe as the one that followed. In part, this was because the Russians allowed word of the famine to spread beyond Ukraine’s borders. When foreign nations responded with aid to ease the famine, Russia permitted the assistance from other countries.

Ten years later, the Russia government, led by Stalin, learned from its handling of this first famine. The author’s premise is that the Russian government took deliberate actions that worsened the suffering and increased the death toll. Applebaum contends Stalin weaponized starvation to snuff out any viable effort to restore Ukrainian independence. Some of these decisions included seizing Ukrainian food and exporting it abroad, leaving Ukrainians to starve.2 Id. at 161-63, 177, 191. Other government decisions included requisitioning food to fill its quotas of food exports, prohibiting collective farms, and even entire towns, from trading and receiving supplies, and sealing Ukraine’s border, so that those seeking to escape the famine could not migrate out of the country. Id. at 191, 194-95, 202-03.

Fortunately, I have never experienced not knowing where my next meal would come from, but I have witnessed and worked with hungry people. Through the Society of Saint Vincent de Paul in my church, I have volunteered in soup kitchens in Reading to distribute food. Over 20 years ago, when I lived in Thailand, I worked in refugee camps for people from Myanmar fleeing their country. In one of these refugee camps, the non-governmental organization I worked for was responsible for distributing food to the refugees. This food was dispensed in weekly portions, which were modest enough that they could be given in small containers.

But I have never seen, and can’t recall even reading about, hunger and starvation to the degree depicted in Red Famine. Survivors of the Holodomor related that there were so many human corpses that they laid along roads, as there were more dead bodies than living people to move them. Id. at 243. There were multiple reports of parents murdering their children because the parents could not feed them. Id. at 249. One episode was of children who refused to provide their father some of the scant food they had scavenged, and their father died. Id. at 252-53. The most appalling accounts were of cannibalism – including parents and grandparents killing and eating their own descendants. Id. at 256-57, 259.

While these horrifying narratives of food deprivation are personally disturbing, as a magisterial district judge, the reports of the USSR’s many ‘show trials’ were professionally troubling. One of the checks and balances in our democratic government is an independent and free judiciary. However, in dictatorial governments, the courts are often just a tool of the governing regime. Red Famine provided several examples of how judges were just an extension of Stalin and his cronies. One example was when the government decided to blame certain people for the country’s insufficient industrial progress. Id. at 96-97. These defendants were accused of collaborating with foreign powers and working against the USSR. Id. at 97. Five of them were sentenced to death, and the other 44 were imprisoned. Id. A few years later, the government once again blamed its policy failures, including its failure to meet its own quotas of grain exports, on a group of scapegoats, accusing them of, inter alia, sabotage. Id. at 166-67. These ‘trials’ and predetermined convictions are anathema to a free society, and as a magisterial district judge, I have thankfully never experienced our government dictating how I am to decide any cases.

RED FAMINE’S FOREWARNING

Although written five years before Russian President Vladimir Putin launched his invasion, in some ways Ms. Applebaum anticipated Russia’s aggression in Ukraine. Near the end of Red Famine, she wrote that “today’s Russian government uses disinformation, corruption, and miliary force to undermine Ukrainian sovereignty just as Soviet governments did in the past.” Id. at 359. Vladimir Putin claimed that he attacked Ukraine because Russia’s security was compromised and to “de-Nazify Ukraine” 3, which has resulted in the displacement of millions of people. Paul Kirby, Why has Russia invaded Ukraine and what does Putin want?, British Broadcasting Corporation News, (May 9, 2022).

This military invasion has also disrupted Ukraine’s ability to export food, triggering startling food shortages and skyrocketing food prices. Kelvin Chan & Paul Wiseman, EXPLAINER: How did Russia-Ukraine war trigger a food crisis?, Associated Press News, (June 18, 2022). Even worse, Russia has confiscated food from Ukrainians and brought it back into Russia. Nick Beake et al., Tracking where Russia is taking Ukraine’s stolen grain, British Broadcasting Corporation News.

Russia seizing Ukraine’s food supply is exactly what happened in Red Famine, where 90 years ago a Russian, communist dictator took food from Ukraine to maintain political power and crush dissent. Once again, history is repeating itself. I foresee that there will continue to be food shortages and famines in countries because of Putin’s war in Ukraine. I also think that, a few months from now, Ukrainians will go hungry because the Russian government has once more deprived Ukrainians of food grown in Ukrainian soil. Hopefully the rest of the world will continue to assist Ukraine so that the nation will not needlessly suffer through another Holodomor.

1 The Great Depression happened during the same time and affected many, if not every, country.

2 This reminded me of the Irish Potato Famine in the mid-19th Century, where the English shipped food out of Ireland while the Irish were starving.

3 For a more thorough look at Russia’s reasons for its current war with Ukraine, see Douglas S. Wortman, Esquire, Putin’s Delusions, Ambitions Driving War with Ukraine, THE BERKS BARRISTER, Summer 2022, at 10-15.

Mr. Taylor is a Magisterial District Judge serving West Reading and Wyomissing.

Surviving Ian’s Wrath

By Lori Sandman, Esquire

The sun pressed its way into small raindrops at first, making the light play in its wake. As the drops got heavier against the windows in the office, we unplugged most of the electronics and put a few things up and away. We were told there were sandbags downstairs if we wanted to be extra safe, so we hauled them up, braced them against the door and left Sandman Law Office in Daytona Beach to prepare our homes for the anticipated storm. In the hours following, Hurricane Ian blew in.

My husband Mike was in Pennsylvania, working as he does from time to time, and we talked early and regularly about him leaving to come back to our home in Port Orange, Florida. Every season the storms come, but they mostly shift, die, retrack, lose steam. Ian was coming through from the west coast. And the chances of it hitting us hard all the way on the eastern side of Florida were not huge.

When I got home, I switched on the news and noticed Ian’s strength and magnitude were increasing. The bands of rain began lashing everything – during the next few days even the word rain was redefined for many in my community. The drops grew furious, swirled and flew with violence, striking roads, bridges, buildings, and smashing and flooding with rage.

The cell towers were knocked out early, much earlier than the power, so it was hard to communicate; for those who were alone, it grew scarier as the night wore on. When the power went out we couldn’t see the path of the storm, and with no phones, we were definitely in the dark. The strange sounds were maybe, the hardest part for me – creaks and cracks and pops through the sound of the wind as things let go.

Mike made it back as the last of the rains were driven by the wind into huge puddles-turned-ponds, and all bridges and roads to our home were flooded or blocked past any hope of crossing.

A view from the author’s office during Hurricane Ian in September.

Surviving Ian’s Wrath

Although he was within a mile of the house, he couldn’t actually get home until later that day, when the waters soaked back into the swollen earth.

My home is on the peaceful Spruce Creek. Ian’s raging torrents caused it to flash flood, rising over 15 feet in a matter of hours. I am among the lucky. My home was spared, and dedicated crews from around the country restored power within a few days. Our law office is heavily damaged and now needs reconstruction – the sandbags there could not stop the angry rain. Water soaked into rugs, books, and electric things; in Florida, mold and mildew follow fast. But these can be replaced. In my neighborhood, giant oaks were forced through our neighbor’s bedrooms. Sink holes swallowed concrete. And on nearby roads in my town, homes and lives were submerged.

It has been a little over two weeks since the biggest storm I have ever seen passed through. The piles of debris wait on the edge of everyone’s yard for the big trucks to take away the big trees, leaf piles, and spoiled furniture hauled there. The bridge at the front of our community is out, and they say it will be another month or so…maybe, so we take the long way around. It won't be forever, but until it's fixed, we'll keep bringing food to the neighbors who lost their kitchens and sharing what we can with those in need.

Ian slammed into Florida as a Category 4 hurricane with 150 mile an hour sustained winds. It was one of the most explosive and destructive storms in history. For some of us, Ian changed everything. Witnessing a natural disaster first-hand is an experience I will never forget.

Ms. Sandman is a longtime member of the Berks County Bar Association and principal of Sandman Law Office PLLC in Daytona Beach, Fla. A little more than a month after she submitted this article, Ms. Sandman found herself in the path of an even more destructive storm – Hurricane Nicole. Local news reported that Nicole was a rare November hurricane and caused damage estimated at more than $500 million. Ms. Sandman reported that she was safe but that her law office suffered extensive damage.

The aftermath of Ian in Daytona Beach.

Past President Terry D. Weiler earned a Lifetime Achievement Award for his nearly 25 years of dedicated service to the Twin Valley Community Education Foundation. Weiler is a founding member of the Foundation. Since 1998, the Foundation has awarded more than $45,000 in program grants, scholarships, and direct funding for innovative projects throughout the Twin Valley School District. Weiler was honored during the Foundation's 20th Annual Gala on November 4. Joining him at the gala was his wife, Patricia.

Assistant Berks County Solicitor Carmen J. Bloom and Shane Harvey, Vice President of Treasury Management at First National Bank, welcomed a son in August. In the interest of protecting her newborn's privacy, Carmen asked that we identify him only as “Baby C.”

Pamela L. VanFossen has joined the Literacy Council of Reading-Berks Board of Directors. Her term runs through 2025.

Published for the County of Berks, PA, Berks 1st is the County’s official full-color magazine, sharing news about constituent services, events and timely and trending topics surrounding county services.

Mailed by the County, Berks 1st will be addressed directly to 87,646 residential addresses (60% to 70% of every household within many of the major regional municipalities), and into another 300 high-traffic locations.

Spanish and English language digital versions will be available on the County’s website.

The

Spoonful Thai Bistro—

Cure for a Manic Monday

By Susan N. Denaro, Esquire

There are many reasons to dislike Mondays. When I’ve listed them in the past, that list always ended with: and there are no good restaurants open on a Monday. Gratefully, thanks to Spoonful Thai Bistro, 615 Penn Avenue, West Reading, that last reason is no longer true.

On a bland and dreary Monday night a few weeks ago, I stumbled upon this little BYOB thanks to a Google search of ‘non-chain restaurants open on a Monday’. Armed with a flask of Sake martinis, we marched to the nearby locale that was previously home to Rice and to Papillon before that. We’ve never had a bad meal at either of those prior establishments, and fortunately, our luck there has continued, and we’ve found another reason to like Mondays: thanks to the other nearby establishments being closed, we managed to easily snag a parking space on Penn Street right in front of its door.

Our meal started with the duck roll drizzled with brown sauce. Not sure what to expect, I was pleased the duck was rolled in a Thai pancake rather than a standard eggroll wrapper. A Thai pancake is very reminiscent of a scallion cake in a traditional Chinese restaurant. The roll was cut into a few bite-sized pieces and was a lovely way to start our meal as the cucumber in it enhanced the subtle flavors of the Sake in our martinis.

In order to boost our Monday experience, we ordered the veggie drunken noodles for our second course. I’ve never been a big fan of the flat rice noodles as they usually seem overcooked, but this dish was lovely. We ordered it with a medium heat level, and it arrived steaming hot, the veggies still had some crunch to them and contrasted well with the carbs. Overall, it was one of the better noodle dishes I’ve had in an oriental restaurant in years.

For our final course that first night, we shared an order of cashew nut chicken and an order of Kapow garlic chicken. One of the advantages of eating out on a Monday night was that our dishes were served straight to us from the stove since the restaurant was empty save for a few people coming in for carry out. Again, we ordered both dishes with a medium spice level, and they were scrumptious. I found the cashew chicken better than the version I make at home, probably thanks to the addition of pineapple and the lightness of the sweet chili-based sauce. The diced bell pepper and onion were evenly

Melt-in-your-mouth boneless duck is the centerpiece of this Duck and Eggplant dish.

Cashew Nut Chicken tops the author’s homemade version of the same entrée.

cut which helped elevate the appearance of the dish. It walked the delicate balance between sweet and spicy and is one I will order again. My only negative is that I felt it needed more chicken. Ironically, I thought that while the garlic chicken was tasty, it needed more vegetables.

The following Monday night we decided to try Spoonful as a carry out to see if the magic would travel. I placed the order remotely, and about 10 minutes later rocked up to find the same parking space waiting for me. The food was just being boxed, and by the time I arrived home, it was still hot, looking like it had been freshly plated and delivered straight from the stove to table.

I’ve always been a fan of pork potstickers but Spoonful’s chicken ones are a superb version. Most restaurants steam them and fry only one side, if that. Spoonful fries the entire dumpling; the filling has just the right salt level to sing thru the crispy outside, making for a perfect bite. They were good with the soy and rice vinegar dipping sauce but were also tasty without it.

We decided to try a roti, that Thai pancake that's served as the base to the duck roll. It came with a white-hued spread that confounded me as I have never had anything like it in an oriental restaurant before and could not identify all its flavors. Although the sauce was tasty, I won’t rush to order a roti again as it was a bit heavy, and I’d rather spend those calories on the potstickers.

We enjoyed an order of the chicken pineapple fried rice that surprisingly included raisins that had been soaked in a liquid to reconstitute them. Those raisins, together with the pineapple, brought a nice sweet element to balance the spiciness of the curry base. Again, it could have used a little more chicken for an American appetite but the rice to vegetable to meat ratio seemed authentic.

Anxious to sample the curry dishes on the menu, we ordered the chicken panang. Although we ordered a medium spice level, it

had a bigger kick than any of the other dishes we tried. The lime leaf brought a bright element to the curried coconut milk broth and the carrot slices added a hint of sweetness. If you are ordering dishes to share, it’s a winner if you really like a spicy curry.

For my money, the best of the best was the duck and eggplant entrée that boasted red bell pepper and fresh basil leaves. Typically, when oriental restaurants serve sliced duck, they include the bones. This, however, was just an entire boneless duck breast that was so thinly sliced that the scant layer of fat under its crispy skin melted in the mouth. The eggplant was cooked to perfection and when combined with the diced red and green peppers provided, not only a flavorful, but also a colorful backdrop to the tender duck. It will be my go-to dish at Spoonful as it was outrageously good and hit the right balance between the protein and the veggies.

The only truly disappointing thing we ordered was the wonton soup. The broth was pale and thin and flavorless. The other soups looked tempting but are made with fish sauce so they are on the allergen no-fly list since fish sauce traditionally is made with shrimp shells.

Despite the misstep with the wonton soup, suddenly Monday nights don’t seem so mundane. We hope Spoonful manages to survive in that location as it fills the void I’ve felt since Rice and some of the finer oriental restaurants from years past closed. And with a little luck, if the other eateries nearby remain closed on Mondays, my parking space out front will be waiting for me regardless of whether we dine in or carry out.

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

Chicken Potstickers are a superb starter with just the right salt level.

The cucumber in the Duck Roll complements the subtle flavors in a Sake martini.

Fall Naturalization Ceremony

Berks County gained 28 new American citizens in a Naturalization Ceremony held on October 12th in Courtroom 5A of the Berks County Courthouse. The Honorable M. Theresa Johnson presided over the ceremony and assisted Yvette Plant, Supervisor at the United States Bureau of Citizenship and Immigration Services, on presenting citizenship certificates to the newly naturalized citizens, who originated from eleven countries. Maria Rodriguez, City Auditor for the City of Reading, spoke at the ceremony and shared her inspiring immigration and naturalization story. Many organizations from the community, including The Literary Council of Reading-Berks, The Berks County Chapter of Daughters of the American Revolution, The League of Women Voters of Berks County, Altrusa International, Inc., and Election Services, attended the ceremony and provided information on voting and civic engagement.

(Left to right) Citizenship Committee Chair Andrew Fick, President James Smith, City Auditor Maria Rodriguez, Judge Johnson, Supervisor Yvette Plant, President-Elect Gabriela Raful, and Vice President Karen Cook after the ceremony concluded.

The ceremony’s speakers and all 28 of the newly naturalized citizens pose for a group photo after they were presented their certificates of citizenship.

Nancy C. Ramirez and Mario Salazar Martinez pose proudly with little American flags after they were granted their citizenship.

Reading City Auditor Maria Rodriguez shares her story of immigration and her path to naturalization, which has allowed her to take advantage of this country’s boundless opportunities, including becoming an elected official for a community that has given her so much.

The 28 applicants for naturalization take an oath of allegiance to the United States of America as part of the ceremony, led by Judge Johnson.

Judge Johnson awards Ivan Rafael Tejada his certificate and congratulates him on becoming a U.S. citizen.

Back in late June, I was shocked to learn of the sudden, tragic death of David W. Crossett, suffered when a tree he was cutting down fell in an unanticipated direction, crushing him. His passing, at the age of 39, left behind a wife and four young children.

I had a flashback. To the year 2000, I believe, when we learned of the sudden death of another young attorney, Franklin W. Noll, II, suffered when his aorta burst while raking leaves, leaving behind a wife and a very young child.

At the time, Frank was just in his seventh year of practice and employed by CNA Insurance Company as in-house counsel. He was opposing counsel in one of my cases. More than 20 years later, my mind is fuzzy on the details of the matter, but I do remember Frank deposing my client while being pleasant, respectful, and yet covering the points that he needed to cover. When it concluded, we parted with a handshake. A true gentleman.

Several months following his death, the Bar Association had a courtroom ceremony remembering Frank. I recall his wife arriving at the courtroom quite distraught, crying almost uncontrollably. I was heartbroken.

As I am with David’s passing. Only in his 11th year of practicing law, his obituary noted David was already “a very accomplished attorney” who “loved serving and helping others.” James M. Smith, 2022 BCBA President and the one who recruited David to come to Berks after graduating from the Regent University School of Law, described him as “a highly intelligent attorney with a deep passion for the law.”

When I was the BCBA Executive Director, I took advantage of that intelligence and passion. First, in 2014, I asked him to write a review for the Barrister of the book, Scalia: A Court of One, a not so complimentary biography of the Justice by Bruce Allen Murphy. David was erudite in his analysis and writing.

Using a contact he had at the Supreme Court, Jim Smith had a copy of the Barrister article delivered to Justice Scalia, who then wrote a note to David: “Mr.

CARPEDIEM

By Donald F. Smith, Jr., Esquire

Crossett, Thanks for so ably coming to my defense. Best regards, Antonia Scalia.” Rather cool!

Secondly, I asked David to debate me. In the fall of 2015 I was teaching a course titled “Separation of Church and State: How Solid is the Wall?” as part of the Alvernia Seniors College curriculum. In the initial class, I wanted to set the stage with a discussion of the United States Supreme Court’s then recently decided Obergefell v. Hodges, in which same-sex marriage was held to be constitutionally protected.

Merow and John DiGiamberardino, at ages when they should have had many more years of life remaining.

What is one takeaway from this series of untimely deaths? Carpe Diem. The phrase, translating to “seize the day,” was made famous from the movie “Dead Poets Society,” starring Robin Williams as John Keating, a new, energetic English teacher at an all-boys preparatory school in Vermont.

For his first class, he led the current students into a room with display cases filled with trophies and ancient pictures of past students on athletic teams. Keating tells them, “They’re not different from you, are they?...Their eyes are full of hope, just like you. Did they wait until it was too late to make from their lives even one iota of what they were capable?… But if you listen real close, you can hear them whisper their legacy to you. Go on, lean in. Listen, you hear it?—Carpe—hear it?—Carpe, carpe diem, seize the day, boys, make your lives extraordinary.”

Later, Keating quotes from Walt Whitman:

The question, O me! so sad, recurring— What good amid these, O me, O life? Answer.

That you are here—that life exists and identity, That the powerful goes on, and you may contribute a verse.

As one who believes we have a “living Constitution” when interpreting its language and applying it to today’s issues, I wanted the class to hear the opposing point of view of an “originalist” in order to achieve a balanced presentation for the class. So, I invited David to fill that role. And he did so with gusto. Justice Scalia, a passionate dissenter in Obergefell, would have been very proud.

With the early deaths of Frank and David, their families suffered a great loss, as did the profession.

We are reminded that we know not what the future holds. I think of Mickey Restrepo, stricken in the prime of his life by Lou Gehrig ’s disease, not long after publishing his first book. Relatively recently, we also lost to cancer Elizabeth Morelli, Alan Miller, Ken Goodman, Joel

The passing of these colleagues leaves a void, but memories of familial love and professional accomplishment remain. As for us, are we contributing a verse while living our lives? Powering on, are we making our lives extraordinary?

The Biblical letter of James warns (4:14), “Yet you do not know what tomorrow will bring. What is your life? For you are a mist that appears for a little while and then vanishes.”

So, carpe diem.

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

Merrill Lynch, Pierce, Fenner & Smith Incorporated (also referred to as “MLPF&S” or “Merrill”) makes available certain investment products sponsored, managed, distributed or provided by companies that are affiliates of Bank of America Corporation (“BofA Corp.”). MLPF&S is a registered broker-dealer, registered investment adviser, Member SIPC and a wholly owned subsidiary of BofA Corp. Investment products: Are Not FDIC Insured Are Not Bank Guaranteed