MARK YOUR DIARY 16TH ANNUAL BCBF GOLF TOURNAMENT

VOL XXXXIV NO. 4
MARK YOUR DIARY
Burlington County Bar Association
APRIL 2009
16TH ANNUAL BCBF GOLF TOURNAMENT
New location, same great outing!
Now in its 16th year, the Burlington County Bar Foundation’s
annual Benefit Golf Tournament is scheduled for Monday, May 4,
2009 at Little Mill Country Club in Marlton. One of the premiere
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21
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APRIL
DIVERSITY DINNER – 6 P.M.
CAFÉ MADISON, RIVERSIDE
ELECTRONIC FILING SEMINAR – 4 P.M.
JUDGE HARRINGTON’S COURTROOM,
MT. HOLLY
BCBA BOARD MEETING – 4:30 P.M.
BAR HEADQUARTERS, MT. HOLLY
BCBF BOARD MEETING – 5:30 P.M.
BAR HEADQUARTERS, MT. HOLLY
ETHICS LUNCHEON SEMINAR - NOON
HIGH STREET GRILL, MT. HOLLY
JOINT DWI SEMINAR – 4 P.M.
THE MANSION, VOORHEES
CRIMINAL PRACTICE SEMINAR – 4:30 P.M.
OLDE COURTHOUSE, MT. HOLLY
29
BASIC ESTATE ADMINISTRATION - 4:30P.M.
OLDE COURTHOUSE, MT. HOLLY
4
MAY
5
13
15
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BCBF GOLF OUTING - NOON
LITTLE MILL COUNTRY CLUB, MARLTON
LAW DAY DINNER – 5:30 P.M.
DEERWOOD COUNTRY CLUB, WESTAMPTON
LOCAL GOVERNMENT LUNCHEON - NOON
HIGH STREET GRILL, MT. HOLLY
MOTION SEMINAR - 4:15 P.M.
OLDE COURTHOUSE, MT. HOLLY
MUNICIPAL COURT RECEPTION – 5:30 P.M.
FLYING W, MEDFORD
EEO/AA IN PUBLIC CONTRACTING – 4:30 P.M.
OLDE COURTHOUSE, MT. HOLLY
courses in the South Jersey area, Little Mill’s 27-hole
Championship golf course will challenge the best of players and allow an enjoyable
day for the occasional golfer.
The day commences with lunch and registration at 11 a.m., along with use
of the Club’s practice green and driving range, and shotgun start/scramble format at
noon. Cocktails and hors d’oeuvres will commence immediately following the round,
followed by a sumptuous buffet and awards presentation to the day’s top golfers.
Prizes will be awarded for closest to the pin, longest drive, straightest drive, and more.
All golfers will also have the chance to win a new car for a hole-in-one!
Continued on page 10
THIRD ANNUAL JOINT BAR PICNIC, JUNE 19TH
The 3rd Annual Joint Bar Picnic between the Burlington and Camden County
Bar Associations will take place on Friday, June 19th at 1 p.m. at the Flying W Resort
on Fostertown Road in Medford.
A sumptuous barbecue buffet featuring hamburgers, hot dogs, chicken, sausage,
meatballs, spare ribs, steamed clams, baked beans, corn on the cob, potato salad, pasta
salad, watermelon and beer, wine and soda will be served. The fee to attend is just $50!
Enjoy horseshoes, volleyball, the now-annual softball tournament, or relax poolside on a beautiful early summer day.
What better way to celebrate the coming of summer than great food, drinks and best of all, great company with our colleagues at the Camden County Bar
Association. Look for registration materials in the next
issue of The Straight Word or sign up today by calling
Bar Headquarters at (609) 261-4542.
INSIDE THIS ISSUE
President’s Message ..............................................................................................................2
Trivia?/Forensic? ....................................................................................................................6
Road to Success ....................................................................................................................7
NJSBA Trustee Report ........................................................................................................9
Committee Corner ............................................................................................................14
Well, beat the drum and hold the phone the sun
came out today! We are born again, there’s new
grass on the field. A-roundin’ third, and headed
for home, it’s a brown eyed handsome man; anyone can understand the way I feel.
Oh put me in, coach – I’m ready to play
today; put me in, coach – I’m ready to play today;
look at me, I can be center field. John Fogarty,
“Center Field”
It’s April, spring has sprung and it is said
that a young man’s fancy turns to love. In my case
however it means baseball. No, I don’t mean the Phillies, yeah, the World
Champion Phillies (you don’t understand how much that pains me to say) but
baseball in general. I have a routine every morning, checking the standings and
box scores in the paper and seeing who the starting pitchers will be that day. I
know I am going to take a lot of heat for this but I am a fan of those “Amazin”
Mets. At the start of the baseball season every team is in first place and hope
springs eternal for every ballplayer from T-ball to the Major League that perhaps
this could be their break out year.
I grew up in Brooklyn during the “golden age” of baseball. Only sixteen teams, eight in each league. I was a fan of the real Dodgers, the Brooklyn
Dodgers, and remember vividly the rivalries with the NY Giants and the hated
Yankees. You had to be an optimist rooting for “dem Bums”. It seemed like the
Yankees were always beating the Dodgers in the World Series. I recall Don
Larson’s perfect game against the Dodgers, but more importantly, in 1955, Johnny
Podres’ winning effort and the game saving catch by Sandy Amoros that gave the
Dodgers their first World Series crown against the Yankees, a 2-0 victory in game
7 at Yankee Stadium. When the Dodgers left Brooklyn after the 1957 season it
broke my heart. Brooklyn was in mourning. Walter O’Malley, the owner of the
Dodgers, was the most hated man in the world to Dodger fans. It was said that,
if you were to find yourself in a room with Hitler, Stalin, and O’Malley, armed
with only two bullets, you’d have to shoot O’Malley twice. I could not follow
them to La La Land, could not become a Yankee fan, so I switched my allegiance
to the Milwaukee Braves with Hank Aaron, Warren Spahn, Lew Burdette and
Eddie Matthews. They went on to face the Yankees in 1957 and 1958 in the World
Series and won the title in 1957. Four years later in 1962 the Mets came to town
wearing the blue from the Dodgers and the orange from the Giants and they
instantly became the favorites of the abandoned Dodger and Giants fans. In 1969
the Amazins won the World Series.
I am sad to say that I live in a divided household. My wife, of all things,
is a Yankee fan. Trying as hard as I could, I did everything in my power to prevent my two kids from becoming Yankee fans and I guess I was successful.
Unfortunately, after many years of taking them at a young age to Veterans Stadium
to the Phillie Fanatic birthday party, they became Phillies fans, but even worse,
my daughter married a Yankee fan. I was not a total failure and there is one sports
team that we are all in agreement on and that is the New York Giants. B e i n g
the perennial optimist that I am, I am looking forward to a baseball season in
which the Mets do not choke in the last couple of weeks of the season and they
add another National League pennant to their collection.
There are other things that I am optimistic about as well. While we are
in an economy that is seeing not only blue collar workers losing their jobs but
Continued on page 5
The Straight Word
Published Monthly by
The Burlington County Bar Association
45 Grant Street, Mt. Holly, NJ 08060
Email: [email protected]
Website: www.burlcobar.org
(609) 261-4542
Fax: (609) 261-5423
Lawyer Referral Services:
(609) 261-4862
OFFICERS
Kenneth D. Roth ....................................................................President
Edward W. Hoffman ....................................................President-Elect
Sharon M. Dostmann ....................................................Vice President
Timothy S. Farrow ................................................................Treasurer
Janice L. Heinold ......................................................................Secretary
2005-2008:
2006-2009:
2007-2010:
2007-2009:
2008-2010:
TRUSTEES
Charles B. Castillo
Roger Lai, Timothy P. O’Brien
Elizabeth M. Garcia
Stan R. Gregory, Cindy M. Perr
Katherine D. Hartman
Douglas L. Heinold, Kevin Walker
Young Lawyer Trustees
Mary Ellen Burns
Jennifer Stonerod
Immediate Past-President: Joseph M. Pinto
New Jersey State Bar Trustee: James J. Ferrelli
Executive Director: Kara E. Edens
EDITORIAL BOARD
John F. Kearney, III ........................................................................Editor
Kara E. Edens..................................................Print & Circulation Mgr.
All Officers and Trustees of the BCBA
STATEMENT OF POLICY
The existence of your Burlington County Bar Association is made
possible by your financial support. However, our success in fostering professional growth and improving the practice depends on
your participation in meetings, programs, seminars and the work of
committees, as well as your support of our monthly publication,
THE STRAIGHT WORD, by way of suggestions and contributions.
Contributions are welcome, subject to the deadline of the 10th day
of each month. There is only one publication during July and
August. The right to edit and publish is reserved.
A BIG ANNOUNCEMENT IS COMING!
Stay tuned to our website and our
e-newsletter for more information!
PER DIEM & DIVORCE MEDIATION
JENNIFER C. APELL, ESQ., LL.M
Divorce Mediation - private and court appointed Per Diem
includes: Motions, briefs, research, appearances, Family law,
estates, wills, civil litigation, real estate, probate
Former law clerk to Superior Court Judge
Please call (856) 906-0172 & leave message
T HE S TRAIGHT WORD - PAGE 2
PRESIDENT’S MESSAGE
T HE S TRAIGHT WORD - PAGE 3
NEW MEMBERS
STEPHEN C. FOYTLIN, ESQ.
McCarter & English, LLP
1735 Market Street, Suite 1700
Philadelphia, PA 19103
(215) 979-3852 Fax (215) 979-3899
[email protected]
RONALD LIEBERMAN, ESQ.
Adinolfi & Goldstein, P.A.
4 Kings Highway East
Haddonfield, NJ 08033
(856) 428-8334 Fax (856) 428-8779
CATHLEEN M. NOWLEN, ESQ.
Kulzer & DiPadova, P.A.
76 E. Euclid Avenue, Suite 300
Haddonfield, NJ 08033
(856) 795-7744 Fax (856) 795-8982
[email protected]
ARTHUR R. SYPEK, ESQ.
Riker Danzig Scherer Hyland & Perretti, LLP
50 W. State Street
Trenton, NJ 08608
(609) 396-2121 Fax (609) 396-4578
[email protected]
STUDENT MEMBER
MR. CARL A. TAYLOR, III
545 Newton Lake Drive
Apt. C209
Oaklyn, NJ 08107
(215) 206-3890
[email protected]
LAWYERS ON THE MOVE
JOPEPH A. CARITA, ESQ.
Buchanan Ingersoll & Rooney, P.C.
700 Alexander Park, Suite 300
Princeton, NJ 08540
(609) 987-6815 Fax (609) 520-0360
[email protected]
PETER N. MILLIGAN, ESQ.
Law Office of Peter N. Milligan
1006 Berlin Road
Cherry Hill, NJ 08034
(856) 428-8034 Fax (856) 428-8039
[email protected]
ETHAN J. ORDOG, ESQ.
Begley, Begley & Bookbinder, P.C.
509 S. Lenola Road, Building 7
Moorestown, NJ 08057
(856) 235-8508
[email protected]
Condolences
The Burlington County Bar Association
extends its sincere condolences to
William F. Hyland, Jr. on the loss of his
mother, Joan, on March 3, 2009 at the
age of 83.
We would also like to extend condolences to Bob Porter, and his wife
Linda, on the loss of Linda’s mother,
Mary Rose, on February 15, 2009 at
the age of 96.
PATENT & TRADEMARK SEARCHES
With free legal opinion from in-house counsel
Legal & Patent Search®
1-800-INVENTOR®/Fax: 609-883-3322
or visit our web site
www.1800inventor.com
Law Office of
NOMINATING COMMITTEE REPORT
The Nominating Committee, chaired by President-elect, Edward W. Hoffman, pursuant to
Article IV, Section 2 of the Association By-laws, submitted the following slate of Officers
and Trustees for the 2009-10 fiscal year.
PRESIDENT-ELECT:
VICE PRESIDENT:
TREASURER:
SECRETARY:
SHARON M. DOSTMANN
TIMOTHY S. FARROW
JANICE L. HEINOLD
KATHERINE D. HARTMAN
TRUSTEES (3):
JOAN M. BURKE
MARY ELLEN BURNS
ROGER LAI
YOUNG LAWYER TRUSTEE:
PAMELA A. MULLIGAN
Any additional nominations for office shall be made at the regular meeting of the Board of
Trustees on Wednesday, April 15, 2009, thereafter, nominations shall be closed. If additional nominations are received at the April meeting of the Board of Trustees, their names shall
be submitted in writing to the membership in advance of the Annual meeting at the Law
Day Dinner on May 5, 2009 at Deerwood Country Club.
Vincent J. Gaughan, Esquire
Accepting DYFS Title 9 and 30 Cases
24 Washington St., Suite 201
Mt. Holly, NJ 08060
(609) 702-0140 / Fax (856) 702-5860
In Memoriam
The Association was saddened to
learn of the passing of the Honorable
E. Stevenson Fluharty on February 27,
2009, at the age of 79. We extend
our sincere sympathy to Judge
Fluharty’s family, friends and
colleagues. He will be missed.
Installation Dinner to feature Casino Night June 12th
Receive the high roller treatment at the Burlington
County Bar Association’s Installation of Officers Dinner & Monte
Carlo Night on Friday, June 12 at Medford Village Country Club.
Full House Casino Entertainment promises to bring the
excitement of Las Vegas to Burlington County with blackjack,
craps, roulette and poker all manned by professional dealers to help
you hone your gambling technique. If you aren’t familiar with traditional casino games, you can learn how to play without losing a
penny!
Edward W. Hoffman will be installed as the 78th
President of the Burlington County Bar Association. Also being
installed is Foundation president Katherine D. Hartman, as well as
the officers and trustees of the Burlington County Bar Association
and Foundation.
The festivities get underway with Mr. Hoffman’s swearing-in at 6 p.m., followed by fun and entertainment at 7 p.m. For
just $65 enjoy open-bar cocktails, a lavish display of hot and cold
hors d’oeuvres, as well as your first set of chips! You won’t find a
better deal in town!
To register refer to this month’s flier or contact Bar Headquarters at
(609) 261-4542. See you there!
Contact Bar Headquarters at
(609) 261-4542 with any questions.
SOUTH JERSEY LEGAL SERVICES
ANNOUNCES 2009 BOARD
The Board of Trustees of South Jersey Legal Services,
Inc. (SJLS) is proud to announce that at a meeting of the Board
of Trustees on January 20, 2009, the following Board members
were elected to serve as officers for the year 2009:
Gary W. Boguski, President
Richard D. Alten, Vice-President
Ellen B. Kearns, Second Vice-President
David H. Dugan, III, Treasurer
Marcia Soast, Secretary
SJLS looks forward to a challenging and outstanding year
under their leadership.
CALL TO THE RIGHTS
OF SUMMER
The
Burlington
County
Bar
Association is once again assembling
its own version of the Boys (and
Girls) of Summer for its now annual
softball tournament with the Camden
County Bar Association. The renewal
of this battle will take place at the Joint Bar Picnic which will
be held on June 19, 2009 at the Flying W Airport in Medford,
New Jersey. We are calling upon those members of our
Association who have accomplished skills to participate in our
own local game of the year with our counterparts across the
County line. Since we have few members with those accom-
plished skills, we are accepting anyone who can hit and/or field
and/or run and/or walk to be part of this team effort. We will
even try to schedule a practice or two to actually prepare for this
event. If you are interested, please call our Team Co-Captains,
Ken Domzalski (609-387-1625) or Jeff Apell (609-893-1000).
Hopefully, we will be able to gather a team with many members
“PRIVATE ADR”
(ALTERNATIVE DISPUTE RESOLUTION)
Announces the availability of
BARRY M.WEINBERG &
A. DONALD BIGLEY
Judges, Superior Court of NJ Retired for
Arbitration -- Mediation
Disciplinary Hearings -- Hearing Officer
UM-UIM Arbitration
856/782-7788
Fax: 856/782-0061
younger than Co-Captain Domzalski.
Play ball!!!!
OFFICE SPACE
FOR LEASE
129 HIGH STREET - MOUNT HOLLY
NJ ACROSS FROM HISTORIC COURTHOUSE.
1126 S. F. & 594 S. F.CAN BE DIVIDED
609-298-7667
T HE S TRAIGHT WORD - PAGE 4
MONTE CARLO NIGHT!
T HE S TRAIGHT WORD - PAGE 5
PRESIDENT’S MESSAGE
(con’t from page 2)
law firms also laying off staff and lawyers to keep their firms afloat;
real estate, land use and transaction work down, bankruptcy and
collections up; clients not paying their bills; 401Ks becoming
101Ks and half the economic gurus saying that this can go on for
several years, the other half of the economic gurus is predicting a
turn for the better later in this year and I choose to trust in the latter prediction. The economic stimulus plan passed by Congress
and signed by the President may not be ideal, but something is
being done and it has to be given time to see if it will work. Our
government cannot sit by wringing its hands. Have you noticed
that while there is supposed to be a credit crunch, it is the large
national banks that are having the problems yet it seems that the
smaller local banks are making loans and prospering? We are in
uncharted waters and part of the way out of this mess is believing
in the resilience of the people of this country, our leaders and turning from the doom and gloom to being optimistic about the future.
This year the Bar Picnic will again be a joint picnic with
the Camden County Bar Association. It is our turn to host it again
and Judge Harrington has graciously volunteered to organize the
activities. He is working hard to plan activities and to organize
events. If you have ideas or suggestions about how to make the
picnic more successful, contact Kara at Bar Headquarters and let her
know. We expect to field a strong softball team to face Camden
County and hopefully beat them this year. More information will
be forthcoming as plans are finalized.
Enjoy the Spring weather…. PLAY BALL!
MEMBERS IN THE NEWS
DUI and criminal law defense attorneys
Christopher Baxter of Baxter & Kourlesis of
Moorestown and John S. Sitzler of Sitzler & Sitzler of Hainesport
were part of a group of high profile DUI defense attorneys that presented an educational seminar to more than 70 law enforcement officers at a recent NJ Continuing Legal Education Services Seminar
entitled Convicting Intoxicated Drivers in Complex Cases.
AFFORDABLE APPEALS
Law Offices of Vincent J. Gaughan
Welcomes Referrals of Appeals
Family/Criminal/Civil
Domestic Violence FRO Appeals from $1,500+
Municipal Court Appeals from $750
(609) 702-0140 Fax: (609) 702-5860
MOORESTOWN
OFFICE SPACE
One room to 2000 square feet.
Call: 856-235-1278
“I approve this message” Jim Wilson
Alternative Dispute Resolution
Proactive Mediation
Effective Arbitration
Judicial Consultation
T HE H ONORABLE J OHN A. S WEENEY ( RET )
Judge Sweeney brings his vast wealth of experience to
Levy, Baldante, Finney, Rubenstein, Cohen & Chizmar, P.C.
as mediator, arbitrator, and consulting judge.
[email protected]
100 High Street, Mount Holly, NJ 08060
609-261-9090 • www.levybaldante.com
VACATION RENTALS
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or email: [email protected]
By: Frank Hartman
Retired Judge Lawrence J. Eleuteri kindly took the trouble to call me in Florida, where I am partly retired, about my last
column. He was concerned that my readers would not know who
Homer and Carmen Miranda were. The thought of a lawyer not
knowing Homer’s identity recalled to my mind a time when
William Lyon Phelps was the principal speaker at a Harvard
Graduation. It was the year that the first students in the Liberal
Arts Program matriculated without being required to study Latin.
They received a Bachelor of Science rather than a Bachelor of Arts
degree. His comment was: “Your degree does not mean you know
any Science; it merely means you know no Latin.” Similarly, not
knowing who Homer was means you may not know Greek, and my
column is Greek to you.
As for Carmen Miranda, she came from Brazil, not
Arizona. Not surprisingly, she was Portuguese (that may be of
special interest to Judge Almeida) and Emesto is not a relative. To
appreciate her fully, I recommend that you Google her, where you
can ogle her. Is that how the name Google came about, go ogle?
Speaking of checking a name on Google, my first use of that search
engine was to look up the name Yoda. Never having seen Star Wars
or its sequels, I was curious when I heard my daughters referring to
me by that name to describe my status with their law firm. After
reading about him, I thought maybe I should have Yoda printed
after my name on the letterhead, instead of “of counsel”. Maybe I
could start a trend as I did with “Chartered”.
Let us turn our attention back to the miscreant mentioned
in my last column. To establish that he did not get to allocute, we
ordered a transcript. No tapes then; we had live court reporters in
every court of record. The problem was that after weeks of waiting
for, and asking about, our transcript we learned there was none. The
reporter had developed a mental block which kept him from recording on his stenotype machine. He finally admitted he was feigning taking down what was said. It was a pity; the reporter was
well-liked, but he had to give up his job.
The judge saw an easy solution. Bring the defendant
down, vacate his sentence, let him allocate, and re-sentence him to
the minimum mandatory. At least the first two happened according
to plan, but the defense had other ideas. Once the sentence was
ruled illegal and, as the old treatises would say, “For nothing holden,” we moved to withdraw the defendant’s plea of guilty.
To permit a change of plea after sentencing requires a showing of
manifest injustice; whereas, a change of plea request before sentencing should be liberally granted. The law has a strong policy favoring a defendant having his day in court (a trial), but it does not
want second guessing if he does not like the sentence imposed.
The defendant’s motion was granted and now his plea was
not guilty. Pressing forward, the defendant asked for bail. Cloaked
now with the presumption of innocence, bail was his right. Bail
was set at $10,000.00 (a sizeable sum in the early ‘60s).
Fortunately, his parents owned a home with sufficient equity. They
posted his bail and he came home for Thanksgiving and Christmas.
T HE S TRAIGHT WORD - PAGE 6
TRIVIA? / FORENSIC?
Not bad lawyering from a firm getting no fee! The secret, of course,
was to take one step at a time; each small step (no allocution, illegal sentence, plea change, and bail) being easy, but each step leading logically to the next relief sought.
The holidays having happened, January was trial time.
The defense was modeled on a quotation from Lord Coke that
adorns the rotunda of Penn Law School, my alma mater. “Truth,
simplicity, and candor: these are the cardinal virtues of a lawyer.”
The truth simply stated was that the State could not prove, beyond
a reasonable doubt, that my client possessed heroin. Candidly, he
thought he bought heroin. But dealers have been known to sell
substances buyers believe to be drugs when they are not. After all,
you can’t complain to the police that you’ve been cheated. That the
substance caused death, instead of delight, might be used to argue
it was an adulterated substance, a deadly drug, not happy heroin.
The substance purchased was not tested, nor could it be, since it
was all consumed or thrown in the river. It was not found in the
decedent’s body when autopsied. Prosecutor, present your paltry
proofs! How can you expect to meet your heavy burden of proof?
Alas, space has run out again. Several surprises about the
trial and its aftermath await your patience.
PEACE
T HE S TRAIGHT WORD - PAGE 7
ROAD TO SUCCESS: ALWAYS UNDER CONSTRUCTION!!!
By Sara Canuso
I often have days when I question
what true success means and if I am
ever going to be able to close the
chapter and say, “WOW! I am now a
success.” After having a day of
doubt, I arrived home to send a client
a thank you card for a referral and
came across one with a quote from
Lily Tomlin, saying that the road to
success is always under construction.
It was that Aha! moment and I had
finally gotten it -- we are always
making changes from day to day and
that is what true success is all about.
When I started my business I was sure I had the perfect plan in
place. After four months, I realized I was heading in the wrong
direction. I may have been knocked down but I was not knocked
out. After getting up and having a cup of coffee I took the time to
ask, “What have I learned these past four months and what changes
are needed to build not only my business but a life that will serve
my purpose?”
Realizing repairing it was not the answer, I decided to tear my business down and start over with a new plan and a new direction. Three
years have passed and not only does the business feel right but I
have had the energy and clearer vision to use each day to raise
myself and my business to new levels.
The key when traveling the road to success is to realize there are
going to be bumps, detours, dead ends, flooding and accidents.
When one occurs, take a deep breath and ask what is necessary to
get to the final destination. I will share what I have learned.
1.
Detours -- You can see some pretty amazing sites when
detoured. I have probably had some of my best ideas when it was
necessary to take a different road. Take advantage of people you
meet along the way and ask for their suggestions on getting back
onto the main road.
2.
Bumps – I have found them jolting my thinking and at
times stirring up new thoughts and ideas. The bumps that cause you
to hit your head have been the most beneficial.
3.
Dead Ends -- There is always another path to travel when
hitting a dead end. Back up, take the time to think about your
options, and then get right back on the road.
4.
Flooding – Drive slowly to avoid damage. At times, we
see distractions or something that should not be there and we tend
to try to speed through it. This is when we truly need to go slowly
to be sure we are not doing permanent damage.
5.
Accidents – Some are costly, and some are just simple
accidents that we make by not paying attention or using poor judgment or perhaps taking our eyes off the road. You will be amazed at
the smooth ride you can have simply by paying attention.
Just as any vehicle needs to be maintained so does our personal and
business image if we want to arrive looking our best and being
ready to enjoy the destination. Here are a few tips to help with your
maintenance:
1.
Begin each day with a grateful heart. You will be amazed
at how being grateful will bring you more abundance.
2.
Always take time to take a good look to see if your office,
staff and you yourself have a fresh, polished and professional
image. We sometimes just get lazy and comfortable with things
staying the way they are.
3.
Take a couple of hours to clean out your wardrobe and
update your look.
4.
Set new goals for your business, staff and yourself. You
will be amazed at the amount of energy that helps to build success.
5.
Get out of your way and live your best life. Love what you
do because when you do what you love the money will follow.
May your journey take you places that you have never dreamed possible and your ride be one full of excitement, beautiful sights and
adventure. Your thoughts and comments are always welcome and
can be sent to [email protected]solution.com.
James F. Hansen
American Investigative Services
Private Investigator
Process Server
110 Threadleaf Terrace
Burlington, New Jersey 08016
609-747-8234 Fax 609-747-8235
E-Mail: [email protected]
!
"
#
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%#
&&&'()
&'(
*%%+, +-
LETTER TO THE PRESIDENT
Dear Ken,
Old Prison Open for Free on
Saturday, May 2, 10 a.m. to 4 p.m.
and
The more things change……
So there you go. That was 135 years ago, my friends.
Yes, the more things change….
T HE S TRAIGHT WORD - PAGE 8
I’ve been the president of the Historic Burlington
County Prison Museum Association (PMA) for many years. Two
other bar association members, Susan Dargay and Gary
Woodend, have served on the PMA Board with me for several
years and I would like to take this opportunity to publicly thank
them for putting up with my antics.
In honor of Law Day, the Jail will be open to the public
for free on Saturday, May 2. All of our fellow bar members and
their families and friends are always welcome at the Jail, but
especially on that day. We hope to have something of interest for
everybody that day. Visitors may take self-guided or guided
tours. Museum quality copies of the original plans for the Jail
done in 1809 by architect Robert Mills will be on display. Mills,
one the first native born and trained architects, also designed several important federal buildings in Washington, D.C., including
the Post Office and the Treasury Building, as well as the
Washington Monument. Local author Dennis Rizzo will be on
site to answer questions and sign copies of his new books, Mount
Holly: Hometown Reinvented and Parallel Communities: The
Underground Railroad in South Jersey. The history of Mount
Holly features the Revolutionary War battle waged here (Iron
Works Hill) and guides readers from the town’s origins to development. The latter book describes the formation of communities
on the periphery of several South Jersey towns by free blacks,
runaway slaves and native Americans and validates their role in
the preservation of tradition, definition of extended family and
creation of social bond between diverse people. For those less
interested in history, we will also have a cell devoted to paranormal studies, with a paranormal researcher available to answer
questions. The TAPS/Ghosthunters television episode which featured the Jail will be played throughout the day. The annual car
show is also scheduled for that day.
Visitors can also see the mug shot of Albert DeSalvo,
who was later known as the “Boston Strangler”. Yes, he was
incarcerated at our Jail. On what charge? Find out for yourself
on May 2! (Guess who represented him? This year’s recipient of
the Haines Award – Jim Logan.)
Several bar association members are also members of
the PMA. As such they receive The Prison Museum Post, a nifty
quarterly
newsletter
produced
by
yours
truly.
An amateur historian of Burlington County government and
courts, I spend a fair amount of time reading through old local
newspapers and Freeholder minutes. I share with my readers articles of interest. The next issue will feature this little gem which
appeared in the November 29, 1873 issue of the Mount Holly
Herald:
Our Court expenses are a source of earnest inquiry
among the tax-payers, and the question is often asked, cannot the
expenses be loosened? We answer yes! In the first place, the
Grand Jury is greatly to blame for finding bills of indictment
against parties for petty squabbles in strawberry patches, cranberry bogs and sometimes in the street. Each one of these indictments cost the county one hundred dollars or over and what is the
result? If the prisoner is convicted, he or she is sentenced to confinement in the county jail for 30 to 60 days or fined a nominal
amount, and stand committed until the costs are paid. After the
expiration of the sentence, and being unable to liquidate the
costs, the prison liberating committee wisely releases them from
the jail, thus saving a further expense to the county for board. In
the second place, there is no earthly necessity for twenty-eight
constables being on daily duty during the sessions of the courts,
drawing their per diem pay. Our courts generally last from two
to three weeks. One third of the constables might be detailed on
the opening of the court for attendance on the court during its
session and the remainder dismissed for the term. It is practiced
in Monmouth and other counties with success. In the third place,
our justices are too much given to committing old “bummers”
and tramps to our jail for four days for drunkenness and
vagrancy. Their sentence in many cases is no sooner out than
they are again sent up for four days more and so on to the years’
end, spending four-fifths of their time on short commitments, costing the county almost the sum of $5.30 for each commitment,
exclusive of board at the jail; the aggregate amounts to a considerable sum in the course of a year. For the benefit of future Grand
Juries and particularly for the one that will meet in December, we
give in round numbers the cost of running our last (September)
term of court. Jury - $1,000; Clerk’s fees - $500; Prosecutor’s
fees - $500; Witness fees - $500; Judges’ fees - $600; Justices’
bills - $300; Sheriff’s fees - $150; for trials and commitments
before Justices between terms - $300; making the cost of the court
for one term: $6,000.
Hoping to see lots of our colleagues and their families on
May 2, I remain,
Cordially yours,
JANET L. SOZIO
NJSBA TRUSTEE’S REPORT ~ MARCH 17, 2009
BY: JAMES FERRELLI
HAPPY SPRINGTIME
EVERYBODY!!
The economy may still be in
the crapper, but hope springs eternal
as the longer days are back and we all
look forward to warmer weather, sunshine, and the champion Philadelphia
Phillies’ defense of their World Series
crown. (“champion Philadelphia
Phillies” – still sounds unbelievable
to me). Hopefully this column finds
T HE S TRAIGHT WORD - PAGE 9
you going strong.
The NJSBA Board of Trustees did not have a February
meeting. It was determined that the agenda items were such that
they could await the March 27 meeting, which will occur after the
due date for this column.
Although public expressions of anything that could be
interpreted as dissent among the Trustees are generally frowned
upon by the Board, the spirit of the Honorable Martin L. Haines
compels that I comment on the cancellation of the February meeting. It was a decision with which a number of the NJSBA
Trustees did not agree. The feeling was that the meeting should go
on as scheduled and the sparse agenda could be filled with productive discussion and brainstorming with regard to the impact of
the current economic status on lawyers. Unfortunately, this idea
did not carry the day.
Nevertheless, the NJSBA Board of Trustees is acutely
aware that the current economic conditions are having a serious
impact not only upon lawyers and their practices (besides the public in general), but also upon the administration of justice. We are
extremely concerned about these issues and are committed to
doing whatever we can to improve the situation.
In this regard, I want to emphasize that I would like to hear from
you. I certainly do not have a monopoly on good ideas (nor does
anyone at State Bar, for that matter). More importantly, there are
critical areas of the legal world that I have no involvement in or
exposure to on a daily basis, such as Family, Criminal, Special
Civil Part, and Municipal Court. Those of you who practice in
these areas on a daily basis are the experts.
You know and understand how the economic downturn is impacting you and your clients every day. I need to hear from you.
Are there issues or concerns that the State Bar could or should be
addressing, or upon which the State Bar should be placing more
emphasis? What do you think can or should do to improve the
practice of law and the administration of justice? How can we
help you and your clients? Please drop me a line with your
thoughts at any time – [email protected] If you’re not
an email person, use “snail mail” or call me.
And now a State Bar commercial --, the NJSBA Annual
Meeting returns this year to the incredible Borgata Hotel, Casino
& Spa in Atlantic City on May 13-15, 2009. I hope to see many
of you there. If you see me, please say hello -- I love seeing
Burlco folks at State Bar events.
And speaking of Judge Haines (see third paragraph
above), I have to send out congratulations in this space to our
beloved James Logan, Jr., who is this year’s deserving recipient of
the Honorable Martin L. Haines Award. To say that “Uncle Jim”
(as I have known him since childhood) is a living legend of the
Burlington County Bar is not hyperbole – it is fact. Still practicing law into his 80s, Jim Logan is not only the embodiment of the
best of our profession, but he is a true Renaissance man – Marine,
war hero, family man, farmer, golfer, tennis player, and a heck of
a fun guy at a party. Here’s to you, Uncle Jim!
Finally, since I did not report on the January meeting in
the last issue, the following is a summary of actions taken at the
January 30, 2009 meeting of the New Jersey State Bar
Association Board of Trustees at the New Jersey Law Center in
New Brunswick. This summary does not constitute official minutes.
Ad Hoc MCLE Committee Response to Report
of Supreme Court Committee.
The Board approved sending a letter to the Supreme
Court in response to the Final Report and Recommendations of
the Supreme Court’s Ad Hoc Committee on Continuing Legal
Education, as recommended by the NJSBA MCLE Committee.
The letter highlights NJSBA recommendations on costs and
staffing, expanded opportunities for credit, including required
basic courses for new attorneys, and grandfathering credits and
increasing carry-over credits. In addition, the Board approved
sending a letter addressing recommendations for members of the
District Ethics Committees regarding MCLE.
Amicus Matters
Fernandez v. Nationwide
The Board referred this matter back to the Amicus
Committee for a fourteen day turnaround, so that within 35 days,
a brief may be filed with the Supreme Court. The case questions
whether a PIP carrier’s right to reimbursement for paid PIP benefits takes priority over an injured person’s right to be compensated for his/her injuries where the tortfeasor’s insurance does not
fully cover the insured’s personal injury damages. The matter is
referred back to the Amicus Committee for the purpose of
expanding the arguments made by the NJSBA in its substantive
brief in the matter to urge the Court to adopt the rationale of a
similar trial level case, Hanover Insurance Co. v. Lewis. In that
case, the trial judge held that PIP reimbursement should not be
linked to the tortfeasor’s policy limits.
CON’T. ON PAGE 10
Laura Kushner
22 Years of forensic photography experience
“...when a picture needs to speak a thousand words.”
(609) 405-1226
249 Saint David Drive - Mount Laurel, NJ 08054
[email protected]
(CON’T FROM PAGE 9)
Fawzy v. Fawzy
The NJSBA filed a substantive brief in this case which
questions whether child custody disputes can be arbitrated, and,
if so, what procedures and safeguards should be in place. The
NJSBA argued that custody disputes should be permitted to be
submitted to arbitration without violating the Court’s parens
patriae obligations provided that certain safeguards are put in
place by the Court. The NJSBA brief was drafted by Bonnie
Frost.
The Board voted to not participate in the cases of Paley
v. Bank of America, Quinn v. Lorraine and Classen
Immunotherapies v. Biogen.
Membership Benefit Programs
The Board approved designating March as Member
Appreciation Month, and also approved member benefits with
FedEx, UPS and Market Your Law Practice.
Judicial and Prosecutorial Appointment Committee
The Board approved revisions to the Judicial and Prosecutorial
Appointments Committee manual regarding JPAC having 26
members, mandatory compliance of the manual by counties, no
mini-investigations outside of JPAC, and compliance points if the
manual is not followed by the counties.
Professional Responsibility and Unlawful Practice
Committee - Advertising Rule Revision
The Board approved for the Professional Responsibility
Committee to work up a proposal for a revision of RPC 7.1 (a)(2)
and (3). This is in response to the Supreme Court’s remanding
the task of reviewing and modifying the rule to its Committee on
Attorney Advertising, Advisory Committee on Professional
Ethics and Professional Responsibility Rules Committee.
Military Law and Veterans’ Affairs Section Proposed Bylaws
The Board approved the bylaws for the new Military Law and
Veterans’ Affairs Section.
Government Relations
The Board voted to support the proposed substitute for S-1982,
relating to an ombudsman for workers’ compensation matters.
ABA Proposals Permitting Screening
to Avoid Conflicts of Interest
The Board voted to support ABA proposal 109 and authorized the
Executive Committee to deal with any amendments that might be
proposed in the House of Delegates at the ABA Mid-Year
Meeting in Boston. REPORT 109 Amends Model Rule of
Professional Conduct 1.10 (“Imputation of Conflicts of Interest:
General Rule”) to permit the screening of a lawyer who moves
laterally from one private law firm to another, so that conflicts of
interest that apply to the moving lawyer under Model Rule 1.9
(“Duties to Former Clients”) are not imputed to all the other
lawyers in the new law firm.
David C. Epler, Esq.
HIGH RIDGE MEDIATION CENTER
25 Years of Family Law Experience
Member of The New Jersey
Association of Professional Mediators
Welcomes Referrals in the Area of:
FAMILY LAW MEDIATION
T HE S TRAIGHT WORD - PAGE 10
NJSBA TRUSTEE’S REPORT
Including the Preparation of Mediated
• Prenuptial Agreements
• Parenting Time Agreements
• Property Settlement Agreements
• Or Memorandums of Understanding
• Allowing You to Further Negotiate And
Finalize the Language in the Agreement
Let Mediation Assist in Finalizing That One
Last Issue That Is Keeping Your Client From
A Comprehensive Settlement
MEDIATE DON’T LITIGATE
CALL: 856-627-3200
16TH ANNUAL BCBF GOLF
TOURNAMENT
(CON’T FROM PAGE 1)
At just $200 for lunch, greens fees, cart, prizes, cocktails
and a lavish buffet, the Foundation’s Golf Benefit remains one of
the best golfing values in South Jersey! Bring along family,
friends and clients to this special event that benefits the
Foundation’s many community service projects such as a holiday
party for needy children, scholarship awards for outstanding students, and donations to various charitable organizations throughout Burlington County.
Not a golfer? You can still contribute by purchasing one
of our new levels of sponsorship offering your company or firm
playing slots, signage on refreshment carts, ads in the evening’s
program, hole sponsorships, and more.
Contact Bar Headquarters at (609) 261-4542 with any
questions.
T HE S TRAIGHT WORD - PAGE 11
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FOR LEASE: 1400 sq. ft. office building, Pemberton
FOR SALE: Mount Laurel, NJ Texas Ave & Elbo Lane; 2.1 acres commercial w/house
FOR SALE OR LEASE: Mount Holly, NJ; Professional Office condos on High St.,
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FOR LEASE: 2 separate office suites on Woodlane Rd., Westhampton Twp. 1500 sq.
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CALL TERRA ASSOCIATES
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609-387-7742
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Attractive renovated office suite suitable for 2
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Please respond to [email protected] or call
609-658-7699
PROFESSIONAL OFFICE
SPACE AVAILABLE
MOORESTOWN, NJ
CONTACT - JOHN RAVIKIO
856-235-2290
members for your continued support and enthusiasm.
T HE S TRAIGHT WORD - PAGE 12
Thank You
The Burlington County Bar Association would like to take this opportunity to thank our
During these trying economic times, we understand that the decision to maintain an active
voluntary membership can be a difficult one. We are proud that our organization continues to
provide you with exclusive benefits that can help save you money and enhance your practice.
In addition to discounts at popular retailers JoS. A. Bank and Brooks Brothers, members
can receive 40% off ABA publications.
Expand your practice by joining the Association’s Lawyer Referral Service. In 2007, the
Burlington County Bar Association’s Lawyer Referral Service recorded and referred approximately
5335 calls to 156 participating attorneys, an average of 444 calls per month. Download a panel
application from our website at burlcobar.org.
Our staff is always available to assist you, so please contact us at any time by calling
Bar Headquarters at (609) 261-4542.
We look forward to serving you in the coming year.
Sincerely,
The Staff at BCBA
10 Lake Center Executive Park • 401 Route 73 North, Suite 204 • Marlton, NJ 08053
856-235-9500
T HE S TRAIGHT WORD - PAGE 13
Social Security
Disability/SSI
E l i z a b e t h D. B e r e n a t o
Certified Civil Trial Attorney
Welcomes Referrals
Smith
Magram
Berenato
Michaud
415 High Street
Burlington, New Jersey 08016
609-386-2633
ommittee
orner
T HE S TRAIGHT WORD - PAGE 14
CC
SPECIAL CIVIL PART UPDATE
Not surprisingly, the economic crisis that has severely affected our state and country for several months has had a dramatic
impact on Special Civil Part practice. Most of the local “debt collectors” who practice law have experienced substantial
increases in their caseloads, which has caused a flood of new foreclosure and contract complaints as well as near record lev-
els of eviction complaints. The Burlington County Bar Association’s Special Civil Part Committee, which is chaired by Warren
S. Jones, Jr., regularly meets with Judge Harrington and Assistant Civil Division Manager JoAnne Ezze to identify problems and
explore solutions involving the administration of justice in this increasingly busy division of the court system.
On February 24, 2009, the Association’s Court Officers’ Oversight Sub-committee met with Judge Harrington, Ms. Ezze and
the county’s four court cfficers: Kenneth Culligan, Leshaun Gaddy, Kennon Jenkins and John McKernan. The court officers
firmly believe that they offer sufficient resources to service the increasing demands that are being made upon them and the
system by virtue of increased filings. In order to facilitate a quicker and less expensive method for responding to post-judg-
ment Writs of Execution, a new Court Officer Writ Response form is being developed. This will enable an assigned court
officer to automatically provide information regarding the status of a writ within 60 days of issuance by the county clerk.
Unless plaintiff’s counsel has developed new collection information, the debt has been paid or a payment plan has been imple-
mented, the committee urges counsel to delay contacting the assigned officer for at least 60 days following the issuance of
the writ. Initial letters of instructions should include your e-mail addresses as well as fax numbers, which will facilitate faster
response time at lesser expense. To make it easier to reach the court officers, they can now be contacted in the following
ways:
Mr. Culligan
Phone
(609) 518-2550
Fax
(609) 518-2872
E-mail
[email protected]
Mr. Gaddy
(609) 518-2550
(609) 518-2872
[email protected]
Mr. McKernan
(609) 518-2550
(609) 518-2872
[email protected]
Mr. Jenkins
(609) 518-2550
(609) 518-2872
[email protected]
As always, if you are experiencing any problems, have any suggestions or wish to participate on the committee, please contact Chairman Jones at (609) 261-8400.
Don’t miss the Special Civil Part Seminar on April 14, 2009 at 4 p.m. in Judge Harrington’s Courtroom.
Registration materials are included in this Straight Word. Sign up today!
T HE S TRAIGHT WORD - PAGE 15
The Straight Word
Burlington County Bar Association
45 Grant Street
Mount Holly, New Jersey 08060
THE OLD COURT HOUSE
1796
PRSRT STD
US Postage
PAID
Permit 533
Mt. Holly NJ
`