Jewish News Legal Matters July 17, 2017

Page 1

Legal Matters

in the Jewish community

Supplement to Jewish News July 17, 2017


LEGA L M ATTE R S

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s a Jewish educator, I always look for new teaching opportunities. That said, I was recently approached about the idea of offering CLEs (continuing law education courses) through the Norfolk Kollel. My initial reaction was ambivalence. What do CLEs have to do with Jewish learning? What could a Jewish educator’s role be in this area? Still, not one to turn down a teaching opportunity so quickly, I allowed the idea to percolate for several days. The more I thought about it, the more excited I became. While not immediately apparent, of course this was a good fit! Jewish learning is not just about ancient rituals and biblical stories. Jewish learning is about how to live today in 2017, in Tidewater, Virginia. Jewish learning is about accepting the traditions of the past, applying them to the present, and figuring out how to integrate these concepts into our daily lives. Whether a doctor, a lawyer, a candlestick maker, or a rabbi, one should constantly be self-challenging regarding life choices and what God wants from each person, each and every day. Answers to these deep contemplation, lie in the words of the Holy Torah. As the Mishnah says, delve into the words of

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the Torah, for everything is in it! What better way to display this, than to offer Jewish themed continuing law education courses? Jewish themed CLEs with The Norfolk Kollel will offer an opportunity to stimulate spiritual and academic minds at the same time. Details on upcoming courses and programs will be announced soon. For more information, or to be added to Norfolk Kollel’s mailing list, e-mail rabbirudin@norfolkkollel.com.

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LEGA L M ATTE R S Dear Readers,

W

ho knew one year ago when we scheduled this issue’s Legal Matters that so many legal decisions and arguments would be taking place—in Israel and in the USA? Consider, for example, Israel’s suspension of the Western Wall agreement (page 16) and, its advancement of a controversial conversion bill (page 22). Then there is the article about myriad Jewish groups weighing in on the Supreme Court’s decision on Trump’s travel ban (page 23). Not in this section (because we ran out of room!) is an article on page 14 about the Chief Rabbinate’s blacklist. And, these are just a few of the legal issues and rulings impacting Jews and Israelis this month. In more positive, certainly less devisive news, the article on UJFT’s Society of Professionals offers an update of all that this new group has been up to for the past year. And, Rabbi Gavriel Rudin’s piece on Jewish themed CLEs looks like a thought-provoking opportunity for area attorneys. Always a favorite aspect of this annual section is the profiles of a few attorneys. We hope you find interesting what Daniel Miller, Andy Fox, and David Kushner have to say about their practices and how their Judaism informs their work. Judaism and laws and commandments have a long history…dating back to the Torah…and up to this very minute. We hope you find these articles as informative as we did.

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Netanyahu defends suspending the Western Wall agreement. Here’s how. Ben Sales

FEMINA S

LEGA L M ATTE R S

(JTA)—American Jewish leaders are calling it a betrayal. They say that 17 months after achieving a historic agreement to provide a non-Orthodox space at Judaism’s holiest prayer site, Israeli Prime Minister Benjamin Netanyahu reneged in a Cabinet vote Sunday, June 25, effectively canceling the deal and caving to the interests of his haredi Orthodox coalition partners. Netanyahu disagrees. Far from killing the compromise, he believes the vote has given it new life. And far from betraying Diaspora Jewry, he says the vote shows his concern for Jews around the world. In a lengthy conversation with a senior Israeli official, JTA was given some insight into Netanyahu’s defense of the vote freezing the 2016 Western Wall agreement: why he did it, what the vote leaves in place and what it means moving forward. The agreement, which was passed by the Cabinet in January 2016, has three components. First is a physical expansion and upgrade of the non-Orthodox prayer section south of the familiar Western Wall plaza. Second is the construction of a shared entrance to the Orthodox and non-Orthodox sections. Third is the creation of a government-appointed, interdenominational Jewish committee to govern the non-Orthodox section. Last month’s decision, the senior official says, leaves in place the physical expansion of the prayer site while suspending the creation of the interdenominational committee. Netanyahu’s haredi partners, the official says, objected to the idea that the committee amounted to state recognition of non-Orthodox Judaism. With the controversy over the committee frozen, the official says, actual building at the site can start unhindered and will be expedited. “The symbolic piece was holding the practical piece hostage,” the official, who

wishes to remain anonymous due to the sensitivity of the issue, says. “What was frozen yesterday was the symbolic part. The practical part of advancing the prayer arrangements, that can now move forward. Regrettably, there are those on both sides who are spinning this as cancellation.” However, several aspects of the project as it stands are murky. It isn’t clear whether the expansion of the site will proceed according to the dimensions outlined in the 2016 agreement. Nor is it clear whether construction will begin on the shared entrance to the site or whether the non-Orthodox space will have a staff, accessible prayer books, and Torah scrolls, as promised in the agreement. The official says that the suspension of the deal is itself a compromise: the haredi parties wanted to cancel the deal altogether, a step he says that Netanyahu was unwilling to take. Freezing the agreement, the official says, allows for continued negotiations to rework it. It also may provide an acceptable answer to the Supreme Court, which is considering a petition to force the government to provide an “appropriate space” for non-Orthodox prayer at the wall. The official adds that “The prime minister takes Israel’s relations with Diaspora Jewry very seriously.” But non-Orthodox leaders are not placated by these assurances. Rabbi Steven Wernick, CEO of the United Synagogue of Conservative Judaism, calls the vote “sleight of hand.” He is treating it as a cancellation of the agreement, given that the agreement had not been implemented nearly a year and a half after being passed. “It’s not really a freeze, it’s a kill,” he says. “It’s already been frozen. It hasn’t been moving for 18 months. We were waiting, and assured by the prime minister that entire time that negotiations were happening and they would get back to us. That hasn’t happened.”


LEGA L M ATTE R S Jewish leaders also call the expansion of the prayer space insufficient. They note that the shared entrance would grant the non-Orthodox space equal standing with the Orthodox section, but the current plan for expanding the space is unknown. “The physical portion of this agreement was far more extensive, including opening the site to the main plaza, making it visible and accessible,” Rabbi Rick Jacobs, president of the Union for Reform Judaism, says. “What the government is currently planning to do in no way meets the promises and the details of this agreement.” Anat Hoffman, chairwoman of the Women of the Wall prayer group, whose activism led to negotiations over the wall, also says that any physical expansion of one of the most sensitive sites in the world would take years. Given the delays that have already plagued the process, Hoffman says she is hesitant to trust

assurances from Netanyahu. “We sat for three years in good faith, our group split over this, we paid such a price, how could I possibly believe you?” she recalls telling Tzachi Hanegbi, a government minister and Netanyahu ally. “And now you’re going to compromise over the compromise?” On Tuesday, June 27, at the conclusion of its board of governors’ meetings in Jerusalem, Jewish Agency for Israel Chairman Natan Sharansky urged 200 employees who represent the agency abroad to prepare for criticism of the government’s suspension in the Diaspora. The night before, the Jewish Agency canceled its scheduled gala dinner with Netanyahu over the Cabinet vote. According to a statement, Sharansky urged the emissaries to “listen to expressions of anger and criticism that are being heard in many Jewish communities and bring them to the attention of public

figures and politicians in Israel.” After meeting with the prime minister, Jerry Silverman, CEO of the Jewish Federations of North America, told the Times of Israel that American Jewish groups plan to lobby Israelis to support their concerns about religious pluralism. American Jewish leaders, he says, will also invest more in lobbying Israeli lawmakers. But the Israeli official says that trying

to force change in Israeli religious policy is what leads to acrimony over these issues. Better, he says, to let the laws change gradually and quietly. “So what you have is, you have the status quo: a set of slowly evolving, informal rules,” the official says. “Often you get into trouble when one of the sides tries to formalize something by going to court or by legislation.”

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LEGA L M ATTE R S P ROF I L E Andrew R. “Andy” Fox Firm: City of Norfolk Speciality: Local government law and administration, employment law, and civil litigation. Education: B.A. Cornell University, M.S.Ed. Old Dominion University, J.D. College of William & Mary Law School. Jewish organizations and involvement: Ohef Sholom Temple board and education committee chair, Community Relations Council steering committee Legislative Affairs vice chair; 2015 Hineini Program graduate Family: Wife Colleen, Daughter Amelia (14), and Son Campbell (11) Favorite Jewish holiday: Passover—I love a good redemption story. Most memorable Jewish milestone/lifecycle event: Daughter Amelia’s Bat Mitzvah in 2016 Most admired Jewish lawmaker: Yitzhak Rabin Personal legal milestone: Having taught real-life lawyering skills, ethics, and civility and served as a mentor to more than 200 law students during my 10 years and counting as an Adjunct Professor of Law at William & Mary Law School.

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LEGA L M ATTE R S Achievement Deborah M. Casey was recently elected as Vandeventer Black executive board member for the 2017–2018 term. She is also chair of the law firm’s Community Associations team and is one of only a small number of lawyers in Southeastern Virginia admitted as a Fellow to CAI National’s College of Community Association Lawyers (CCAL). In addition, Casey was recently appointed to the executive committee of the Women’s Cabinet of the United Jewish Federation of Tidewater. Among Casey’s other achievements and recognitions are her selection as a Virginia Super Lawyers (since 2010), Top Lawyers of Coastal Virginia, Virginia Legal Elite (since 2013), and her recent selection as a Best Lawyers in America® in Community Association Law. She is a recipient of the Influential Women of Virginia Award, Women in Business Achievement Award, Top 40 Under 40, SEVA-CAI Hall of Fame Award, and SEVA-CAI Distinguished Service Award.

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LEGA L M ATTE R S

Controversial Israeli conversion bill delayed for 6 months Cnaan Liphshiz and Ben Sales

( JTA)—Prime Minister Benjamin Netanyahu shelved a controversial bill that would have made the haredi

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months while a “team” he will appoint comes up with recommendations for an “arrangement” on the issue. The decision comes after an outcry by the Reform and Conservative movements and American Jewish communal organizations, who felt that the bill would impugn the validity of non-Orthodox Judaism. Netanyahu’s coalition partners agreed with his compromise, which keeps the status quo on conversions in place during the six-month delay. Netanyahu also asked Israel’s Supreme Court to put off ruling on the issue during that time. A suit pending before the court seeks government recognition for non-Orthodox conversions performed in Israel. “In effect, the appellants and the Government of Israel agree together to freeze all proceedings, to freeze the appeal to the High Court of Justice on the conversion issue, to freeze Government and Knesset legislation on the conversion issue,” says Netanyahu’s statement. The bill, which had advanced June 25, would grant the Chief Rabbinate a monopoly on conversions performed in Israel. Individuals who convert under Reform, Conservative, and private Orthodox auspices in Israel would not be eligible for citizenship under the Law of Return. The bill would not affect conversions performed outside of Israel. Non-Orthodox movements have long protested the power of the Chief Rabbinate, which holds a monopoly over marriage and divorce in Israel. A rabbinate monopoly over Jewish conversion within Israel ended last year, when a court ruling forced the state to recognize Orthodox conversions performed outside the rabbinate’s purview. The bill would have restored that monopoly, and is the latest front in a decades-long fight over conversion between the rabbinate and non-Orthodox Jews. American Jewish leaders are also protesting the freezing of a compromise to expand a non-Orthodox prayer space at the Western Wall. (See page 18) A source described by Haaretz as

The bill’s critics welcomed Netanyahu’s decision to shelve it.

a “senior official” says that Netanyahu decided to call a cabinet meeting on the conversion bill after receiving harsh warnings from the heads of the American Israel Public Affairs Committee. The bill also outraged American Jewish officials, who have said they are weathering calls for a retaliation against Netanyahu’s government. Steve Nasatir, president of the Chicago federation, told the Times of Israel that any lawmaker who votes for the conversion bill is not welcome in his community. The bill’s critics welcomed Netanyahu’s decision to shelve it. The Jewish Agency for Israel, which acts as a liaison between the Israeli government and world Jewry, praised the decision, adding that it hopes the same “spirit of understanding” will extend to the Western Wall controversy. Jerry Silverman, CEO of the Jewish Federations of North America, thanked Netanyahu’s government for acceding to American Jewish concerns, and says he looks forward to reaching a compromise on conversion. “I’m hopeful that the work that will be done will yield results,” Silverman says. “I’m grateful to the prime minister for listening to our feedback from across the federations—all of our community, frankly.” Leaders of the Reform movement also praised the decision, calling it an “important rebuke to the aggressive behavior of the ultra-Orthodox toward diaspora Jewry and the non-Orthodox streams.” “We will continue insisting that the Haredi establishment not have a monopoly over conversion and if necessary, we will not hesitate to go back to the courtroom,” Rabbi Gilad Kariv, CEO of the Israeli Reform movement, and Rabbi Rick Jacobs, president of the Union for Reform Judaism, said in a statement. (JTA)


LEGA L M ATTE R S

Jewish groups criticize Supreme Court decision to allow parts of Trump’s travel ban T

he Jewish resettlement agency HIAS and the Anti-Defamation League decried the U.S. Supreme Court’s decision to allow parts of President Donald Trump’s travel ban to be enforced. On Monday, June 26, the court said it would hear the appeals of two cases that had resulted from the travel ban, which aimed to keep the citizens from six predominantly Muslim countries from entering the United States for 90 days and all refugees for 120 days. The high court agreed to stay parts of rulings that had blocked the ban from being enforced. The partial stay means that foreigners with no U.S. ties could be prohibited from entering the country, but those with ties such as through business or personal relationship would remain unaffected, the New York Times reported. Those who had been to the country previously also could enter. HIAS—formerly known as the Hebrew Immigrant Aid Society—is among the plaintiffs suing Trump in one of the cases the Supreme Court agreed to take on. It called the announcement “mixed news” in a statement, praising it for limiting some of the executive order’s reach, but criticizing the court for partially allowing the executive order to be enforced. “HIAS welcomes the ruling as an affirmation that the president does not have unfettered unchecked authority to bar refugees from the United States without evidence to justify such action,” said the group’s CEO and president, Mark Hetfield. “We also welcome the ruling as confirmation that there are limits to the president’s ability to bar non-citizens from the United States based on unsubstantiated presumptions relating only to their nation of birth.” Hetfield criticized the fact that those without such ties could now be barred from entering the United States. “We are very disappointed, however, that others will be arbitrarily excluded,” Hetfield said. “Certainly in the case of

refugees, this order will have a tragic toll on those who have fled for their lives and played by our rules to find refuge in the United States.” HIAS was founded in the 1880s as a resource for newly arrived Jewish immigrants. The Anti-Defamation League, along with its criticism, also praised the court for limiting the scope of the order. “We were pleased that the court appropriately recognized that there are limitations on the president’s authority when it comes to immigration generally,” its national director and CEO, Jonathan Greenblatt, said in a statement. “But the court’s failure to recognize the plight of the world’s most endangered

We are very disappointed, however, that others will be arbitrarily excluded.

refugees—those fleeing countries where their lives are in imminent danger—is profoundly disappointing,” Bend the Arc: Jewish Action sharply criticized the stay that would allow parts of the ban to be enforced, calling it “a deeply harmful decision.” “At a minimum, because of the court’s decision today, we will be betraying a fundamental American and Jewish value by turning away countless individuals who are seeking a better life in our nation, some of them fleeing life-threatening violence,” the group’s CEO, Stosh Cotler, said in a statement. (JTA)

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LEGA L M ATTE R S U FFT

Society of Professionals at a glance The desire for networking-focused programs was met during events that gave members an opportunity to learn about the United Jewish Federation of Tidewater’s mission, as well as chances to connect with fellow professionals.

Jasmine Amitay and Erin Dougherty

T

he inaugural year of the Society of Professionals exceeded expectations in both opportunities for members and for the Jewish community.

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S G

IN

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O O

! N

Beginning with the launch party at 1701, the co-working space located in the up-and-coming ViBe district of Virginia Beach, the newly coined Society of Professionals showcased its plan for the year and built excitement about the upcoming season. Connecting and exchanging ideas continued with Conversations, a panel discussion featuring local Jewish business leaders; a taste of Jewish legal advocacy featuring Kenneth Marcus; networking at Green Flash Brewing; and Pour, a wine tasting held at the Hilton Oceanfront. The Society has also created the new UJFT Professional Directory to continue to cultivate relationships within the business community. Featuring Jewish

professionals, the Professional Directory will offer a platform to promote businesses and connections to causes that UJFT supports. The Society of Professionals has an exciting season planned for the 2018 UJFT Campaign year. Annual events such as Conversations and Pour will return with an added focus on relationship building and networking. Also in the line-up is a new quarterly newsletter. Watch the Jewish News and JewishVa. org/SocietyofProfessionals for more information. To join the Society of Professionals, contact Jasmine Amitay at 757-965-6138 or Erin Dougherty at 757-321-2326.

P ROF I L E Daniel J Miller Firm: The Law Offices of Daniel J Miller Speciality: Focus on traffic defense, criminal defense, family law issues, and medical collections. Education: Norfolk Collegiate High School, Emory University, and Western Michigan University Law School. Jewish organizations and involvement: Past regional secretary B’nai B’rith Youth Organization, past board member of Jewish Community Center, and past co-leader of UJFT Super Sunday Family: Married to wife Amy Cole Miller with two children, Hayden who is 14 years old and Max who is 12. Favorite Jewish holiday: My favorite Jewish holiday is Passover. I love the story and how it brings family together. Most memorable Jewish milestone/lifecycle event: My most memorable Jewish milestone was my bar mitzvah. Most admired Jewish lawmaker: Yitzhak Rabin Personal legal milestone: Passing the Virginia state bar Most memorable case: Defended a father on a false allegation of rape. We proved that the mother fabricated the story and enticed the child to lie. The charges were dismissed and we assisted the father in obtaining sole custody. How has an understanding and/or commitment to Jewish values entered your decisions or actions as an attorney? People that come to our firm for assistance come from all types of backgrounds. Being raised Jewish instilled in me the importance of treating all people equally and fairly.

24 | Jewish News | Legal Matters | July 17, 2017 | jewishnewsva.org


LEGA L M ATTE R S P ROF I L E David A. Kushner

Most admired Jewish lawmaker: Yitzhak Rabin

Firm: Willcox Savage

Personal legal milestone: I have been blessed to practice my entire career at

Speciality: Representing businesses in employment law

Willcox Savage, where my partners are all talented and ethical practitioners.

and fair housing law disputes

Most memorable case: Obtaining a $120,000,000 judgment on behalf of a large

Education: Undergraduate and law degree from the

equipment manufacturer based on the misappropriation of trade secrets by a foreign

University of Virginia

competitor.

Jewish organizations and involvement: Member of

How has an understanding and/or commitment to Jewish values entered

the board of directors for Ohef Sholom Temple and United

your decisions or actions as an attorney? I try to live every day by the Golden

Jewish Federation of Tidewater; Past participant in the Tidewater Couples Project

Rule much as Hillel would have put it: Treat others in business the way you would like

and Hineni.

to be treated. I try to demonstrate to my clients that (1) I am a member of their team

Family: Proud husband of Nichole Arthur Kushner and proud dad to Sloane and Bayla Kushner

and am at least as concerned about their legal challenges (and opportunities) as they are, (2) they can count on me to provide the same counsel to them as I would provide to a family member under similar circumstances, and (3) they can count on me

Favorite Jewish holiday: Purim

to passionately, efficiently, honestly, and cost-effectively help them with their legal

Most memorable Jewish milestone/lifecycle event: Seeing my daughters

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receive their Hebrew names.

jewishnewsva.org | July 17, 2017 | Legal Matters | Jewish News | 25


26 | Jewish News | Legal Matters | July 17, 2017 | jewishnewsva.org


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