MEETING MINUTES
Monday, October 22, 2001 - By C. Edward S. Mitchell
Present were President Judge Smith, Judge Kieser, Judge Butts, Court Administrator Kevin Way, Prothonotary, William Burd, Gary Weber, Joe Rider, Joy McCoy, Cliff Rieders, Robin Read, William Knecht, Kristine Waltz, Joe Campagna, Assistant District Attorney Michael Dinges, Tom Raup, David Wilk, Gary Harris, Ed Mitchell.
President Judge Smith - Reported that two of the court reporters have resigned and a third may resign. There are no applicants.
President Judge Smith also reported on the Parents’ Education Program utilized in custody cases. He said the program was in danger because there are not enough referrals due to settlements. The program will begin to include contempt filers. Modification filers have already been going to the program.
Judge Kieser - Requested everyone’s support for the retention of Judge Smith and himself.
Judge Butts - No report.
Court Administrator Kevin Way - The Court Administrator’s office is working on trying to get dockets on the Internet. It needs money in the 2002 budget to accomplish this goal.
Prothonotary William Burd - The dockets are ready to go on the Internet. The entries will not be as extensive as in Federal Court. An independent company will be utilized and the project should begin in 2002.
Gary Weber, Rules Committee - Discussed changes in the Rules. The Rule 206 Coversheets in motions practice will be served by the Prothonotary. Pretrial memos will be required to be filed one week prior to pretrial conferences.
Joe Rider - Pointed out that the Pennsylvania Bar News includes evaluations on Appellate Court Judicial Candidates for Retention. He suggested that members of the Association should pass this information on to friends. He also suggested the Law Association publish the results in the Sun-Gazette as a public service. Joe also pointed out that there is pending legislation to do away with the requirement to publish notices of public meetings in local reporters. Joe also pointed out that there is a proposed amendment to the Uniform Transfer to Minors Act which would extend the time for distribution to minors from 21 to 25.
Joy McCoy - Reported that the section of family law lawyers continues to meet.
Clifford Rieders - Reported that the Pennsylvania Trial Lawyers Association has been active in pursuing a method of arbitration between the primary carrier and the CAT Fund in medical malpractice cases. The Association has also opposed a pending frivolous lawsuit bill and has considered litigation over the role of the Pennsylvania Supreme Court.
Robin Read, President - reported that a secret ballot has been conducted among the members of the Bar pertaining to their preferences for the retention of Judge Smith and Judge Kieser. The results showed overwhelming support for retention of both. The results will be published in the Sun-Gazette two times. Robin said she would recommend to the Association that it publish the PBA evaluation results pertaining to judicial candidates.
Robin also reported that the Association is considering conducting a local CLE program.
William Knecht - reported that the PBA dues are being raised $50 per person to cover the cost of the arrangement negotiated between the PBA and Lexis/Nexus. Bill also reported that there is a recent Pennsylvania Supreme Court case holding that beneficiary designations under ERISA plans must be followed regardless of changes in circumstances.
Kristine Waltz - expressed concern over cases which are not being scheduled because attorneys fail to file a case scheduling order with the complaint. It was pointed out that opposing counsel can also file a case scheduling order.
Joe Campagna - nothing to report.
Michael Dinges - nothing to report.
Tom Raup - reported on ADR. He indicated there have been problems with lawyers following the confidentiality requirements imposed in mediation proceedings. He suggested an education session and premediation materials pertaining to requirements of confidentiality.
David Wilk - no report.
Gary Harris - expressed concern about the effect of advertising the Lycoming Law Association poll on the retention of judges and the PBA evaluation of judicial candidates. It was pointed out that the PBA evaluation commission includes non-lawyers.
Next meeting: Monday, January 7, 2002.