Berks Barrister Spring 2022

SPRING 2022

The Award-Winning Publication of the Berks County Bar Association

Jim Thome Humble Hall of Famer

Also: Law Foundation Honors Donald Smith, Jr.

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SPRING 2016

Content for Spring 2022

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 CAROLYN FAIR, Marketing Manager LUCY BRITO, Community Service Manager PAMELA L. VANFOSSEN, Law Journal Editor J. CHADWICK SCHNEE, 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

Thank You

Our thanks are extended to the numerous people who have contributed to The Berks Barrister.

Your time, energy and efforts are sincerely appreciated.

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Features: 8

Jim Thome: Humble Hall of Famer

12 More than 400 Pack 13th Annual Holiday Benefit Luncheon 16 No Retiring From Service for Kline Award Recipient 20 Law Foundation of Berks County 2021 Annual Giving Campaign 21 Justice Strong Marker Returns to Fifth Street 26 Welcome New Members 24 Smooth Sailing at Holiday Reception

Departments: 6

Opening Statement

24 Book Review 32 Restaurant Review 35 Closing Argument On the cover: Hall of Fame slugger Jim Thome brings a personality as stellar as his career stats to the 13th Annual Law Foundation/PICPA Reading Chapter Holiday Benefit Luncheon. See full story on page 8.

Correction from our Winter Issue

Justin D. Bodor, 2021 Berks County Bar Association President, congratulates the Hon. Tonya A. Butler for receiving a Presidential Award of Merit for her exemplary leadership and outstanding service to the community. The Award was presented during the Bar Association Annual Meeting in October. Butler continues serving as a member of the Bar Association Board of Directors. A caption in the Winter Issue of The Berks Barrister incorrectly stated the reason Butler was being recognized.

For Advertising Information & Opportunities Contact: Tracy Hoffmann 610-685-0914 x201 Tracy@Hoffpubs.com

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Opening Statement

Live from the Bar... we hope T

hank you to the members of the Berks County Bar Association for allowing me the honor to serve you as its 89th President. I’m humbled by the assignment.

After two years of having every single thing we did revolve around COVID, it’s safe to assume that we’re all looking forward to putting that chapter behind us. Let’s hope that 2022 is the year we can.

Since the COVID lockdowns, so much has changed about our practices, but the move to virtual meetings and remote offices has been surprisingly smooth, notwithstanding necessary adjustments on the part of everybody. Those adjustments, although daunting and difficult to implement, have saved us untold amounts of time, fuel and traffic. It also leveled some of the playing field for attorneys for whom a trip to the courthouse meant an hour drive each way. It’s also forced us to communicate in writing when it might have been easier to just walk down the hall and interrupt a colleague. And if you could make it through the transition, I’m optimistic that the changes could make opportunities to run our offices more efficiently.

But lockdowns also inhibited our ability to meet with one another in person. Being with colleagues in a relaxed setting that isn’t adversarial is important to building relationships that can withstand the challenges presented by the practice of law and enhance an attorney’s ability to see past the client’s emotion and find a way to secure the relief they need. Collegiality is part of our purpose as an organization, and it is vital to our practices.

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So this year, we’re hoping to see more in-person events at your Bar Association. Planning is well underway for another full day of CLE seminars and opportunities to reconnect with colleagues at the Bench-Bar Conference on Wednesday, April 20 at the DoubleTree by Hilton in downtown Reading. After commemorating Law Day online in 2021, we look forward to celebrating together at the DoubleTree on Thursday, May 5. This year’s theme is “Toward a More Perfect Union: The Constitution in Times of Change.” Please encourage any students in grades 5-8 to submit entries in our Multimedia Competition. Students may submit an essay, poem, short video, artwork or other forms of expression exploring the question: “If you could add one amendment to the Constitution to make the current state of the union ‘more perfect,’ what would it be?” And in what will be the ceremonial end of my year as President, members will gather on Wednesday, October 26 for the Bar Association’s Annual Meeting at the Berkshire Country Club. During the coming weeks, our vibrant Committees and Sections will hold meetings and events.

Be sure to check out our recently updated website for a full list of meeting dates and social events.

For all of the difficulties our practices have faced during the pandemic, we’ve survived thus far. Let’s begin to turn our attention to the year ahead and the possibilities it brings. And I’ll see you—really see you—at our next live event!

Mr. Smith is the 89th President of the Berks County Bar Association and Founding Member of the Smith Bukowski firm in Wyomissing.

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Humble Hall of Famer

Slugger Jim Thome brings a personality as stellar as his career stats to the 13th Annual Law Foundation/PICPA Reading Chapter Holiday Benefit Luncheon

By Brian C. Engelhardt

PHOTO CREDITS: Susan L. Angstadt

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n Glory Days in Tribe Town, a book about the golden period from 1994-1997 when the former Cleveland Indians won two pennants and three division titles, co-authors Terry Pluto and Tom Hamilton wrote how, on a team with All-Stars at virtually every position, a key player, Jim Thome, “Made baseball history the same way he played. Don’t brag. Respect the game. Have a grateful heart.”

Almost 30 years after those glory days in Cleveland and 10 years after retiring from a 22-year major league career, Thome exuded these same qualities in serving as the keynote speaker at the 13th Annual Law Foundation of Berks County and PICPA Reading Chapter Holiday Benefit Luncheon, held on December 3 at the DoubleTree by Hilton hotel. The event is the largest fundraiser for the Law Foundation, benefitting programs in the community that serve local youth and preserve equal access to legal services. More than 400 people attended this year’s event and helped raise more than $37,000.

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Inducted into the National Baseball Hall of Fame in 2018, Thome’s baseball resume includes (here come some numbers): 612 career home runs (8th on the All-Time list)

9 consecutive seasons with 30 or more home runs, then after a one-year gap 3 more consecutive seasons 1,699 Runs Batted In (28th all time) 9 seasons with at least 100 RBIs

3 seasons posting a batting average above .300 (and now for some Super Geek numbers)

6 seasons posting an OPS (total of a player’s on-base percentage and slugging percentage) of more than 1.000, plus 7 seasons of more than .900 2,543 major league games with six different teams including two stints with the former Cleveland Indians, 2 stints with the Philadelphia Phillies and time with the Chicago White Sox, Minnesota Twins, Los Angeles Dodgers and Baltimore

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2006 American League Comeback Player of the Year (42 Home Runs and 109 RBIs with Chicago White Sox)

47 Home Runs with Phillies in 2003 (led National League) 52 home runs with Cleveland in 2002 (franchise record)

While you roll Jim Thome’s numbers around, we will return to the events of December 3 at the DoubleTree where, prior to addressing the audience at the luncheon, he was interviewed by Reading Eagle Sports Editor Brian Smith. Both my colleague Mark Caltagirone and I were invited to sit in, and witnessed Thome’s manner of addressing Smith’s questions, which was not only cordial, but engaging – he would make eye contact with everyone in the room. The only thing Thome was reluctant to freely discuss was the Major League lockout due to his position in the front office of the Chicago White Sox and his part-time position as an MLB Network analyst.

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Despite that, Smith described Thome as “humble and affable.” The story in the Eagle can be found at https://bit. ly/3KtcrPv.

That level of courtesy and attentiveness to anyone asking him questions continued during the armchair interview portion of events, which Mark and I moderated. I will interject here that the more I have worked with Mark over the years, the more I appreciate his attention to detail in our interviews with the players even as he juggles any number of tasks in organizing and keeping a handle on all aspects of the luncheon. My job is easy in this; research the player and questions we pose, and then try not to ask anything dumb. Questions from the audience were insightful, as usual.

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Humble Hall of Famer Continued from page 9

Cleveland to Philly Mark and I covered a wide range of topics, the first being (not surprisingly) both of Thome’s Philadelphia tours of duty. The first tour began with the recruiting and negotiation that eventually brought him to the Phillies for the 2003 season. Rhapsodizing about his welcome in Philadelphia during his first visit in the offseason, Thome fondly recalled the electrical workers who had signs to welcome him, urging him to come play for the Phillies.

Characterizing Phillies fans as coming from the same kind of blue collar mold as the Cleveland fans (with whom he had a great relationship over the first 12 years of his Big League career) Thome repeatedly said it was a fan base that he could plainly see wanted a winner.

Thome talked of his time with the Phils during the first tour, where he watched young talent grow in the organization as the team improved. His trade to Chicago after an injury-plagued 2005 season opened the way for Ryan Howard at first base and led to his being selected as American League comeback player of the year. Thome recalled the challenges during his second tour of duty with the Phillies, when he was brought back to the team following Howard’s injury to his Achilles tendon on the last play of the 2011 season. At that point in Thome’s career his physical limitations relegated his role to pinch hitting or serving as a designated hitter in the Phillies interleague games. Once the interleague schedule was completed, the Phillies traded him to Baltimore for future Reading Phillies Gabriel Lino and Kyle Simon.

When the discussion focused on Charlie Manuel, Thome had a number of rich memories they shared, beginning with the story of Charlie’s suggestion that Thome point his bat at the pitcher as part of his routine at the plate. Explaining that Charlie got this idea from the film The Natural, Thome went on to explain that aside from it being a somewhat intimidating action, it served batting mechanics well in that it helped the batter get

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his weight distributed to his back foot. Calling Charlie a father figure, Thome talked of how Manuel began to coach him early in his minor league career and followed him through AAA up to Cleveland. Describing Manuel as someone who would “give you hell for two hours at batting practice, then put his arm around you and let you know how you’ve been improving.” Thome said, this caused him to think, “Here’s a guy who’s got my back.”

Watching the 2008 Phillies World Series was a joy for Thome.

Even though he was no longer a member of the team, he was happy to see Manuel and so many of his friends win a World Championship.

Baseball in His Blood Speaking about the “baseball in his blood,” Thome related how his grandfather, Chuck Thome, Sr., played professionally in Three I League, while his father, Chuck Jr., played fastpitch softball, his Uncle Art played semi-pro ball, and his Aunt Carolyn was inducted into the National Softball Hall of Fame. The Thomes had a family team which played various local teams and on one occasion played against a national team, “The Queen and Her Court.” Throughout his career Thome played with an “old school” look of pulled up socks as a tribute to his grandfather and uncle who wore them that way.

Born and raised in Peoria, Ill., a scant two and a half hours from Chicago (as Midwesterners perceive distances), Thome was reared as a Cubs fan with Dave Kingman, as he relates it, “being my guy.” On one trip to Wrigley Field the 9-year-old Thome snuck into the Cubs dugout seeking Kingman’s autograph, only to be picked up by Cubs catcher Barry Foote, who delivered the young Kingman fan to his father. (Thome eventually got Kingman’s autograph at the 1998 All-Star Game.)

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Hall of Fame Meshed with Thome’s feelings of love and respect for his family and for baseball is a special relationship he has with the National Baseball Hall of Fame. Upon hitting his 500th home run as a member of the Chicago White Sox on Septebmer 16, 2007– a walk-off shot off of Dustin Moseley of the California Angels – Thome declared that he was going to personally present the ball to the Hall of Fame with his father. Due to weather and scheduling issues, it took three tries, but they finally flew to Cooperstown in August of 2008 to present the ball personally. At a small ceremony Thome’s ball was well received, to say the least.

Thome was characteristically modest while his father beamed that Thome should be in the Hall of Fame some day. In August of 2011, as a member of the Minnesota Twins, Thome hit his 600th home run. In May of 2014, he and his six-year-old son, Landon, formally presented the ball to the Hall of Fame as part of the ceremonies for that year’s “Hall of Fame Classic.”

When Tome was personally inducted into the Hall of Fame in 2018, he prepared for several weeks by rehearsing his acceptance speech out in an open field so he would be familiar with the acoustics of giving a speech at an outdoor ceremony. Not content with that degree of preparation, two weeks ahead of his actual ceremony he asked the management at the Hall of Fame if he could rehearse the speech at the actual location. The Hall of Fame happily consented to the request, noting that in the more than 80 years of ceremonies there, no one had ever asked to do that.

When referring to the Hall and its plaques, Thome always refers to it as “surreal.” Over the years he’s treated it with a reverence which in itself has bordered on the “surreal.”

A brief time was spent discussing the success Thome had against Roger Clemens – an OPS of 1.355 (back to those Geek Numbers) with 8 career home runs. Thome said Clemens was a power pitcher, and, with a smile said, “I was a power hitter. I did well there.” Thome mentioned that another pitcher against whom he had some success was Justin Verlander, with an OPS of 1.136 and 7 home runs. He had no more than 4 career home runs against any other pitcher – although there were quite a few of them.

Finally, given the bleakness of the January day as I look out the window of the snow coming down and ice on my driveway, I offer the following Tidbits and Nuggets to warm the cockles of the hearts of baseball fans reading this: Thome reached the 600 home-run plateau in 8,167 at-bats.

Only the Babe was faster - it took the Bambino only 6,821 at-bats to get to the magic number.

Thome played for 5 different franchises in the post-season, exceeded only by Kenny Lofton, playing for 6 different franchises (Others who played for 5 franchises are Carlos Beltran, Don Baylor and Octavio Dotel.)

In 10,313 plate appearances Thome had 2,135 strikeouts (second highest of all time) but also had 1,747 walks (seventh highest of all time), which with his .276 lifetime batting average game him a .403 lifetime on base percentage.

Hall of Fame Baseball writer Joe Posnanski noted this as being 25th all time for players with at least 7,500 plate appearances, “higher than Dimaggio, higher than Wagner, higher than Mays, or Yaz or Rose or Ichiro.” Calling Thome, “(A) great hitter. Not a good hitter. Not a very good hitter.

But a slam dunk first ballot no doubt Hall of Fame hitter.”

Posnanski concluded that, “Many people will never respect on base percentage the way they should because many people just don’t like walks. But walking is an art and Thome is Picasso.”

A congratulatory note to F. Donald Smith, Esq., for his receipt of the Sidney D. Kline, Jr. Award for his efforts. Well deserved.

(Don is an aficionado of the Hall of Fame himself.)

Brian C. Engelhardt, Esquire, retired from BB&T’s Legal Department and is a regular contributor to The Berks Barrister and the Berks County Historical Review. He has written for a number of publications by the Society for American Baseball Research and is the author of the insightful and dynamic, Reading’s Big League Exhibition Games.

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More than 400 Pack 13th Annual Holiday Benefit Luncheon The 13th Annual Law Foundation of Berks County/PICPA Reading Chapter Holiday Benefit Luncheon drew a crowd of more than 400 to the DoubleTree by Hilton Hotel in downtown Reading on December 3. The Law Foundation’s largest fundraiser, the event helps the Foundation provide small grants to local programs benefiting children in foster care and ensuring equal access to legal services for everyone in our community.

Bank of America served as the Hall of Fame Sponsor for the second time. The Law Foundation Board of Trustees would like to thank all of the supporters and sponsors who made the 2021 event a huge success.

We look forward to seeing everyone at the 2022 luncheon on Friday, December 2 at the DoubleTree.

Photo credits: Susan L. Angstadt Photography

Jim Dever, Market Executive for Global Commercial Banking at Bank of America, welcomes the crowd to the 13th Annual Holiday Benefit Luncheon.

Holiday Benefit Luncheon Chair Mark S. Caltagirone of Herbein + Co. thanks sponsors and supporters.

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Law Foundation Board of Trustees President Edwin L. Stock delivers brief remarks.

Marc Sigal, Esquire, and Charles J. Phillips, Esquire, catch up before the start of the luncheon.

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Keith Mooney, Esquire, of Barley Snyder and Berks County District Attorney John T. Adams.

Law Foundation Trustee Franki Aitken (right) of the Berks County Community Foundation and guest, John Scholl.

Justin D. Bodor, the 2021 Berks County Bar Association President, buys a strip of chance auction tickets.

Joan E. London, Esquire, is one of many Past Presidents of the Berks County Bar Association enjoying the festivities.

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More than 400 Pack 13th Annual Holiday Benefit Luncheon Continued from page 13

John C. Perate (center), Vice President/Group Manager with M&T Bank, chats with attendees. Perate serves on the HBL Planning Committee.

Memorabilia autographed by Philadelphia Eagles quarterbacks past and present – is up for grabs during the live auction.

Bidders vying for a variety of sports and entertainment memorabilia during the silent auction.

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Deborah Perini, Relationship Manager at Members 1st Federal Credit Union, mingles with attendees.

Susanna Fultz, Esquire, of Barley Snyder (left) and Darian H. Dellinger of Brennan Folino.

Another full house in the ballroom at the DoubleTree by Hilton in downtown Reading.

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Donald F. Smith Jr. accepts the 2021 Sidney D. Kline Jr. Award for outstanding Community Service.

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No Retiring From Service for Kline Award Recipient Donald F. Smith, Jr. recognized by Law Foundation of Berks County for distinguished career tackling community issues, advocating for those in-need

D

onald F. Smith, Jr. has stepped aside from his role as the executive director of the Berks County Bar Association and the full-time practice of law.

However, Smith is still as busy as ever serving the community as a volunteer attorney for MidPenn Legal Services’ Reading Office where he’s leading an eviction prevention program helping protect renters’ rights and prevent Reading’s homeless population from growing.

During the Annual Holiday Benefit Luncheon on December 3, the Law Foundation honored Smith for his tireless service throughout his distinguished legal career by awarding him the 2021 Sidney D. Kline, Jr. Award for Outstanding Community Service. Terry Weiler, a Law Foundation Trustee and a Past President of the Berks County Bar Association, presented the award to his longtime friend and colleague. Here’s an excerpt from remarks Weiler delivered during the Law Foundation Holiday Luncheon.

“I am very pleased to present the Sidney D. Kline, Jr. Award for Outstanding Community Service to fellow Bar Member and my dear friend, Donald F. Smith, Jr. In the past this award has been bestowed upon some amazingly involved community leaders. Don Smith continues this tradition of giving and involvement. His credentials document an outstanding record of service to the legal community in Berks County, to the organized Bar as a whole, but more importantly for today’s purposes, to the community as a whole.

Don is married to JoAnn Smith and they have two very accomplished children, Alexander and Angela. Don was born in Belleville, Pa. which many of you might recognize as the blinkof-an-eye road sign on the way to Penn State. He had the distinction of attending the Kishacoquillas campus of Penn Highlands High School before traveling to Shippensburg University for a Bachelor of Science degree in Business Administration and then on to, what the older members of our profession in the audience would refer to as the Dickinson School of Law, as opposed to the Dickinson School of Law, Penn State University. Don graduated from Dickinson in 1978.

It is at this point in time that Don began his immersion into Berks County with his first job as a clerk for the Hon. Richard Eshelman from September of 1978 until August of 1980. From there, his history is very simple.

He remained as shareholder with Liever, Hyman & Potter, PC, until December of 2008 when he resigned to take on the task of the Executive Director of the Berks County Bar Association, a position which he held from January 2009 until December 2018, a crowning achievement in the life of a Bar junkie.

While there, Don propelled both the Bar Association and the Law Foundation into new areas and new growth that were never before thought possible. His footprint at both the Law Foundation and the Bar will not be erased.

Don’s accomplishments in the community and at the state and local Bar level are too numerous for me to mention. He has held every office at the Berks County Bar Association; has been Continued on next page Spring 2022 | 17

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No Retiring From Service Continued from page 17

a President and Trustee of the Law Foundation; has served on numerous statewide committees and headed statewide sections in his professional field of Worker’s Compensation; and has been my constant travel companion for our pilgrimage of Bar junkies to numerous events of the organized Bar both across Pennsylvania and the country.

Don was recognized by his fellow Bar Executives and has won numerous awards for his work as Director of the Berks County Bar Association. Don is a prolific writer and eloquent speaker on all topics related to the law and societal injustices and has championed the cause of the underserved and the underprivileged both in his practice and in his personal life.

After his retirement in 2018, Don moved into action on a new venture in his life. He was deeply moved and motivated by the book Evicted: Poverty and Profit in the American City by Matthew Desmond, who earned a 2017 Pulitzer Prize for this general nonfiction work.

In short, the book follows eight families in Milwaukee as they struggle to pay rent around the time of the 2008 financial crisis.

To research the book, Desmond rented a trailer in a trailer park for several months and a room in a rooming house in downtown Milwaukee to see what it was truly like to be a tenant facing eviction. For Don this book became something of a call to action and a turning point in his life. Rather than retire to a good book and a Bombay martini, Don redirected his energy, passion and exceptional legal skills toward a new mission, a mission of helping families keep a roof over their heads and providing legal services to those who otherwise could not afford an attorney. Don began the

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Eviction Prevention Pilot Program which started as a volunteer agency at Mid Penn Legal Services, Reading Office. His efforts demonstrate an unmatched dedication to the development and delivery of legal services to the poor through a Pro Bono Program.

Since September of 2020, Don has volunteered well over 150 hours and provided legal counsel in almost 300 Landlord/Tenant cases scheduled before Reading Magisterial District Judge Tonya A. Butler. Those volunteer hours do not include the time Don spent immersing himself in the study of Landlord/Tenant Law, meeting with community stakeholders, securing funding and recruiting volunteer attorneys to provide pro bono legal representation to tenants facing eviction. In addition, Don has recruited 10 attorneys volunteering for the Program so far and I’m sure others will follow. These attorneys donate one afternoon of their time to appear in the MDJ Court to mediate Landlord/ Tenant matters. If payment agreements cannot be met with the Landlords, the volunteer attorneys then represent the Tenant before the Magisterial District Judge. Regrettably, Reading carries the unwelcome distinction of having the highest eviction rate among Pennsylvania’s 5 largest cities. In 2016, about 3 households in Reading were evicted every day and more than a tenth of all renter households received an eviction file.

Don’s shared Desmond’s conclusions that evictions drive families deeper into poverty, make learning and success harder to achieve for children tossed from their homes and further depress the financially-distressed cities, such as Reading. The COVID-19 pandemic accelerated the urgency for providing tenants with a lifeline.

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Don has appeared in MDJ Court nearly every week since that September explaining to tenants and landlords the current rules and regulations regarding the moratorium on evictions and the rights afforded to tenants under the moratorium, as well as the process for applying for rental assistance. MDJ Butler reports that before the Eviction Prevention Pilot Program about 50% of tenants would not appear. Now that tenants know help is available, they rarely miss court appearances. Judgments against tenants have declined significantly and she credits Don’s work for allowing the rights of tenants to continue with the appropriate protection. For Don’s efforts in dedicating his retirement years to developing and delivering legal services to the poor and in actively recognizing and participating in a project satisfying a previously underserved legal need for the tenants in Pennsylvania, it is most appropriate to recognize his efforts with the 2021 Sidney D. Kline, Jr. Award for Outstanding Community Service.

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Kline Award winners work with the GoogleWorks Center for the Arts Hot Glass studio to design a custom, hand-crafted piece of glass art as a symbol of the Foundation’s gratitude for the recipient’s service. In December, Berks County Bar Association Executive Director Kori Walter presented Donald F. Smith, Jr. with this two-piece bowl and plate set designed by Smith and his wife, JoAnn.

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LAW FOUNDATION OF BERKS COUNTY 2021 ANNUAL GIVING CAMPAIGN Thank you to all the Law Foundation Trustees, Bar Association members, and supporters in the community for making the 2021 Annual Giving Campaign a tremendous success. More than 70 donors contributed just over $17,000 this year. Please know your incredible generosity is making a significant and lasting difference right here in Berks County through the Law Foundation's grant program. Again, thank you to everyone who donated to the 2021 Campaign.

Bridge Builder Society ($1000 or more) William R. Blumer Honorable James M. Lillis (In memory of the Hon. Arthur Ed Saylor) Carl and Deborah Sottosanti James M. Snyder (In memory of Kathryn S. Snyder)

Juris Society ($500 to $999) John and Cathy Badal Bonnie and Ken Hartman (In honor of all senior judges, past and present) Joanne M. Judge Edwin H. Kershner Heidi B. Masano (In memory of the Hon. Thomas M. Golden) Kenneth Millman Donald F. Smith, Jr. (In honor of John Speicher’s retirement as a country lawyer) Law Offices of Sodomsky and Nigrini (In memory of John A. DiGiamberardino, Esquire)

President Society ($250 to $499) Frances A. Aitken Merle and Wendy Dunkelberger (In memory of Daniel A. Birnhak, Esquire) Frederick K. Hatt (In honor of the Berks County Bar Association staff)

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Ellen and Dan Huyett David M. Kozloff Howard M. and JoAnn Lightman (In memory of the Hon. Arthur Ed Saylor) Frederick R. Mogel William A. Morgan Frederick M. Nice William F. Roberts Jill M. Scheidt Eugene and Virginia Orlando The Hon. Jeffrey K. Sprecher Robert T. and the Honorable MaryAnn Ullman Terry and Pat Weiler

Partner Society ($100 to $249) Jana R. Barnett Ms. Mary Ellen Batman Daniel and Deidre Bausher (In memory of Richard A. Bausher, Esquire) Latisha Bernard-Schuenemann Eden R. Bucher Honorable Tonya A. Butler Mark S. Caltagirone Nikolas D. Capitano Bernardo Carabajal Alfred W. Crump, Jr. Pamela A. and John DeMartino Ann Endres Patricia Frankel Susan E. B. Frankowski (In memory of Leon Ehrlich) Dr. James A. Gilmartin Barry and Joanna Groebel John M. Herman

Edward and Lorraine Houseman Robert and the Hon. Jill Gehman-Koestel (in memory of John A. Hoffert Jr., Exquire) Joan E. London and Walter M. Diener, Jr. Rosalynda Michettti and Stuart Crichton Daryl F. Moyer Daniel and Jennifer Nevins Michael J. and Mary Jean Noon Paul and Mary Jo Ober Scott C. Painter Suzanne Palmer Jesse L. Pleet Polyak Law Office Jim Rothstein and Sharon Scullin (In memory of Leon and the Honorable Elizabeth Ehrlich) Edwin L. Stock William P. Thornton, Jr.

Associate Society ($50 to $99) Raymond Edward Baker Justin and Jessica Bodor Kenneth C. Myers John E. Reigle Michael G. Wolfe Greg Young

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Justice Strong Marker Returns to Fifth Street Justice William Strong in an 1894 portrait by Robert Hinckle

By Kori Walter

Credit: U.S. Supreme Court

N

o one is quite sure when the hefty cast aluminum marker dedicated to Supreme Court Justice William Strong toppled onto the sidewalk along North Fifth Street in front of Christ Episcopal Church.

While the circumstances surrounding the demise of the Strong marker in recent years are unclear, the Pennsylvania Historical and Museum Commission noted that the original was dedicated on February 16, 1951.

Apparently, few people noticed the marker – one of more than 2,000 erected across the Commonwealth of Pennsylvania to pay homage to historic figures, events, and locations – had disappeared.

Before there was a historical marker honoring Strong, the City had paid tribute to Strong as it celebrated the 150th Anniversary of the U.S. Supreme Court on a “cold and cloudy Monday” on February 5, 1940 at Charles Evans Cemetery.

The rededication of the marker was much more noticeable thanks to the efforts of officials from the City of Reading and the Pennsylvania Historical and Museum Commission. The Bar Association partnered with the City of Reading to commemorate the return of the Justice Strong marker during an outdoor ceremony on December 16th.

In addition to marking the return of Justice Strong’s marker, the City unveiled a new historical marker in honor of Spencer Fullerton Baird, a Reading native who went on to serve as the second secretary of the Smithsonian Institute in Washington, D.C. The Baird marker stands in front of the M&T Bank building at Fifth and Washington streets – on the opposite end of the sidewalk from Justice Strong’s marker.

Conditions were much more pleasant on December 16 as the sun shone brightly and a new record high temperature of 62 degrees was set.

Bar Association member Brian C. Engelhardt, a published historian and active member of the Berks History Center, spoke about Strong’s legal career and ties to Reading during the rededication ceremony.

Engelhardt noted that Strong was the second attorney who practiced in Reading before serving as an Associate Justice on the United States Supreme Court.

The first was James Wilson. Wilson signed the Declaration of Independence and is credited with writing the preamble to the Continued on next page

Spring 2022 | 21

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Justice Strong Marker Returns to Fifth Street Continued from page 21

Constitution before being appointed to the High Court by George Washington in 1789. Wilson served until his death in 1798.

Reading’s next Supreme Court Justice was born in Sommers, Conn., a decade after Wilson died, Engelhardt noted.

William Strong was one of 10 children. His father was a Presbyterian minister.

Strong graduated from Yale College in 1928, Engelhardt said, and began teaching mathematics and classics in Burlington, N.J. While teaching, Strong also was “reading the law” under attorney Garrett D. Wall, who was a notable attorney in New Jersey politics.

Strong enrolled in a six-month course at Yale Law School and was admitted to the Philadelphia Bar in October 1832.

Engelhardt said Strong made his way to Reading shortly after that. When he arrived to practice in Reading, the city’s population was roughly 5,000 people, according to Engelhardt.

The Bar Association partnered with the City of Reading to commemorate the return of the Justice Strong marker during an outdoor ceremony on December 16th. President Justin D. Bodor had the honor of unveiling the marker.

The Schuylkill River Canal was thriving and the railroad, which would transform Reading into an industrial and manufacturing hub, had yet to be completed, Engelhardt said.

Embracing the Pennsylvania German culture, Strong learned Pennsylvania Dutch. His main office was near Christ Episcopal at the corner of North Fifth and Court streets.

However, Strong established what Engelhardt described as a branch office in Kutztown. Relating that Strong was known to walk from Reading to his Kutztown office and back once a week, Engelhardt speculated that this may be the reason that there is no known picture of Strong in which he looks happy.

Strong built a successful law practice and eventually earned the position as First Counsel for the Reading Railroad, Engelhardt said. In addition, Strong was appointed as a director of Farmers Bank and was one of the incorporators of Charles Evans Cemetery. Relating that three years after arriving in Reading, in 1836 Strong married Priscilla Lee Mallery, daughter of Berks County President Judge Garrick Mallery, Engelhardt then evoked a collective chuckle from the audience by recalling how his father used to say, “If at first you don’t succeed, marry the boss’ daughter.” Engelhardt added that in reality it was unlikely that Strong needed any extra help in building his practice.

Justice Strong’s legacy endures in the members of the Berks County Bar Association. (from left, Michael Weider, Brian Engelhardt, Justin D. Bodor, Nicole Manley)

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Sadly, Priscilla Strong died in 1844. Five years later, Strong married Rachel Davis Bull. Three children were born out of Strong’s marriage to Priscilla Strong, with four children being borne of his marriage to Rachel Strong.

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City of Reading Mayor Eddie Moran delivered brief remarks recognizing Justice Strong’s contributions to the community.

In the meantime, Strong ventured into politics. In 1846, Strong was elected to Congress as an abolitionist Democrat, serving two terms before returning to his law practice in Reading in 1850.

In 1857 Strong again left his private practice when he was elected to the Pennsylvania Supreme Court as a Democrat, however, as a strong supporter of the Union cause, he would change his party affiliation to Republican shortly after being installed on the bench. In 1868, he resigned from the Pennsylvania Supreme Court to resume the private practice of law, this time in Philadelphia.

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Despite the lucrative nature of the Philadelphia position, in 1870 Strong accepted the appointment by President Ulysses S. Grant as an Associate Justice of the Supreme Court of the United States, where he served until he retired in 1880. Following his retirement, Strong resumed his private practice in Ulster County, N.Y. while also doing religious work for the Presbyterian Church, and serving as an arbitrator in an international dispute between the United States and Haiti.

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He died in 1895 and is buried in Charles Evans Cemetery.

Strong spent approximately 25 of his 87 years in Reading.

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Book Review WHILE JUSTICE SLEEPS

By STACEY ABR AMS Reviewed by Donald F. Smith, Jr., Esquire

I

did not know.

I knew she was a lawyer. I knew she had been a state legislator and had come close to being elected Georgia’s governor. And I knew she was a voting-rights advocate.

But I did not know Stacey Abrams was an accomplished author. In fact, While Justice Sleeps, a legal-political thriller published last year, is her 11th book. Previously, she had written two works of nonfiction and eight romance novels.

Maybe my ignorance of her complete resume is explained, at least in part, by the fact that While Justice Sleeps is the first novel to be released under her name. The other eight novels were written under the pseudonym Selena Montgomery.

She explained the use of a pseudonym in an interview appearing in the May 9, 2021 The New York Times Book Review: “At the same time my first novel was being released, I had also published my master work on the operational dissonance in the unrelated business income tax [Say what?]. I made the very 24 | Berks Barrister

reasonable assumption that someone looking for romance would not trust a tax policy wonk.”

Considering she is a tax lawyer by trade, Abrams is a damn good novelist. Her latest is a well-crafted page-turner, one I found very hard to put down.

By the time the book’s prologue ends, Associate Justice Howard Wynn of the United States Supreme Court has slipped into a coma at bedtime, apparently induced by a suicide attempt. His nurse, who was blackmailed into spying on him, calls 911 contrary to the blackmailer’s instruction that she was not to do anything to prolong the Justice’s life.

Before he became completely comatose, the Justice instructed the nurse to pass on this message to Avery Keene, his law clerk: “Look to the East for answers. Look to the river. In between.

Look in the square. Lask. Bauer. Forgive me.” As the ambulance was on its way, the nurse called the Justice’s office and, following his instruction, left the message on a voicemail for Clerk Keene.

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The next day, Avery learns for the first time that Justice Wynn is on a respirator at Bethesda Naval Hospital and that he has named her to serve as his legal guardian with power of attorney, and not his wife from whom he is separated. With that, the story takes off, spinning a complicated, tense plot.

What a plot it is. A fictional degenerative brain disease.

Gene-editing technology. Lasker-Bauer chess strategy. The silencing of the nurse and an employee of the Department of Homeland Security who stumbled upon files confirming involvement by the United States government in a secret, lethal project in India against Muslims. The Justice’s former-navalofficer son, now a computer and electronic security consultant, becoming an ally of Avery in her pursuit of clues left by the Justice to find his enemies, beginning with the cryptic lead the nurse provided. Avery’s photographic memory. Attempts on her life. Avery’s crack-addicted mother.

And there are more twists. The Exon-Florio Amendment requiring a review of foreign investment within the United States. A corrupt United States president invoking the Amendment and denying a merger of an American biotech company with an Indian genetics company that holds the key to curing the disease the Justice has passed onto his son. The appeal of the president’s denial of the merger pending before the Supreme Court, for which it was rumored Justice Wynn was the deciding vote.

The ability of Stacey Abrams to weave law, politics and medicine into an absorbing thriller, with agreeable prose, places her in good company with lawyer-authors John Grisham and Scott Turow.

Does she have a political agenda lurking behind such a story? Reviewing the book for the Associated Press, journalist Jeff Rowe believes it “shows how a stiffly polarized political scene endangers democracy; the story arc also raises questions about the wisdom of lifetime Supreme Court appointments, the use and abuse of genetic editing and difficulty of bringing a criminal president to justice.”

Maybe I am naïve or was too focused on following the actual story line, but I believe Mr. Rowe is guilty of over-thinking. To me, the book is not ideological, it is simply entertaining.

During an interview that appears in the June 2021 Atlantic magazine, Abrams related overhearing a conversation between constituents at one of her town meetings when she was in the Georgia House: “One guy said, ‘I hear she talks about taxes.’

And the older gentleman said, ‘Yeah, but she’s not nearly as boring as you’d think she’d be.’” Indeed.

While Justice Sleeps is far from boring.

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

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Welcome New Members On November 4th, the Bar Association welcomed 19 new members during a ceremony in Courtroom 5 A in the Berks County Courthouse. Many of the new members passed the Bar in 2020 and 2021. Judges offered some advice on practicing in Berks and recognized the contributions of family members and colleagues in helping the new members reach this point in their careers. Following the courthouse ceremony, the new members enjoyed a reception in the Batdorf Room and Kittrell Suite at the Bar Association.

The Berks County Bar Association Class of 2021.

From left, The Hon. James Lillis, Daniel Becker, Colin Macfarlane, Bradley Davis, and President Judge Thomas Parisi.

Becker, Macfarlane and Davis are attorneys with Kozloff Stoudt in Spring Township.

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Judge Jeffrey Sprecher and President Judge Thomas Parisi share a joke at the reception.

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The judges offered advice and congratulations to the new members of the Bar. (from left, Judge James Lillis, Daniel Becker, Judge Eleni Dimitriou-Geishauser, and President Judge Thomas Parisi)

Proud parents David and Diane Dautrich celebrate David Dautrich, Jr.’s admission to the Bar Association. David Jr.’s wife, Aryn, and daughter Elena also celebrated this career milestone.

Now Open 6 Years

Zachary Griffith, Cody Kauffman and Brittany Mason enjoy their first celebration at the Bar Association.

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Smooth Sailing at Holiday Reception Beach chairs and tropical scenery greeted members at the Holiday Reception on December 9 at Sts. Constantine and Helen's social hall in Reading. Bar Association President James M. Smith selected the sailing theme for the event, which featured nautical decorations.

Relaxing by the blue ocean waves are, from left, Rebecca Bell, Christie Billman, Amy Litvinov, Karissa Rodriguez, and Jackie Hamer.

U.S. District Court Judge Jeffrey Schmehl and Berks County Senior Judge James Bucci share a laugh at the Holiday Reception.

Justin Bodor, 2021 Bar President, and James Smith, 2022 Bar President, take a break from the spotlight in the shade of the umbrella.

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Members were happy to “sea” each other in person again. (from left, Jill Gehman-Koestel, Greg Henry, Jill Scheidt, Michael Weider, G. Thompson Bell, Carl Mantz) Young Lawyers Darian Dellinger and Matthew Lascewitz enjoy their first Holiday Reception with a table side chat with Greg Henry and Judge Patrick Barrett.

Steven Arose, Stephanie Hager, and Kourtney Bernecker. Hager served as Young Lawyer Section (YLS) President in 2021 while Bernecker is the 2022 YLS President.

Karrisa Rodriguez and Jackie Hamer are ready for some island hopping adventures.

Angelica Matias and Judith Kline of MidPenn Legal Services Reading Office enjoy the festivities.

Continued on next page

Spring 2022 | 29

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Smooth Sailing at Holiday Reception Continued from page 29

Andrea Mertz and Sharon Gray share glad tidings at the Holiday Reception.

Dan and Jenifer Nevins arrive in style for an evening of fun with friends.

Sara Haines-Clipp, Michael Weider, Colin Boyer and Ryan McAllister are “shore” having a good time!

Barley Snyder attorneys, from left, Matthew Mayer, Chuck Phillips and Latisha Bernard-Schuenemann.

Bar Association staff Rose Johnson, Claudia Ferko, and Lucy Brito welcomed members aboard and ensured smooth sailing at the event.

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Young lawyers and newlyweds Bradley Davis and Taylor Stark.

From left: Paul Marrella, Sean O'Brien and Edwin Kershner share a laugh.

Kaitlin Daley, left, and Marge McDonough.

Spring 2022 | 31

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SCRAMBLING FOR SUPPER? D&H CAN BAIL YOU OUT

By Susan N. Denaro, Esquire

T

he Easy Button. It’s something all of us look for to get us out of a jam. I reach for it frequently, especially when the kid, who runs the equivalent of a half-marathon a day, is home from university and texting “what’s for dinner?” in the late afternoon while I’m still at the office and haven’t a clue what to tell him. Those late afternoon texts signal two things: 1. He’s surprisingly not made plans to go out with friends to dine, and 2. He’ll want to eat almost as soon as I get in the door. Luckily, Dundore and Heister (the “D&H”) is the Easy Button that never fails.

For the uninitiated, it’s a true nose to tail, farm to table, butcher shop that is also a mini-market for high-end nibbles and treats. Located at 1331 Penn Avenue in Wyomissing, it picks up where the former Banco’s butcher store nearby on Evans Avenue left off.

A traditional English pork pie and Brussels sprouts will fill you up when you’re not quite sure “what’s for dinner.”

DUNDORE & HEISTER 1331 Penn Ave. Wyomissing PA 19610 610-374-6328 dundoreheister.com 32 | Berks Barrister

Prior to all the COVID craziness, I occasionally used D&H around the holidays to merely supplement what I bought at the Fairgrounds Farmers’ Market or Shillington Farmers’ Market. Typically, I would order a fresh turkey for Thanksgiving, or one of its fabulous hams for Easter. When I found shopping at the farmers’ markets uncomfortable during the pandemic, I started patronizing D&H more regularly to put a little variety on our table. We love their dry-aged beef. Before the need to social distance, if I wanted a $35 steak, I’d go to a white linen restaurant. But now, we find we prefer buying D&H’s high-end cuts of beef and making them at home where the drinks are shaken just how we like them and we don’t have to worry about the stranger with a cough at a nearby table.

Some of our favorite things to buy at D&H are the traditional English sausage rolls and pork pies. These staples can be found in a case by the cash register every Thursday. The sausage rolls are the largest I’ve ever seen and boast a flaky buttery pastry. One with a dollop of HP Sauce and a side salad makes for a light supper dinner. The pork pies are decidedly heavier and just as tasty. The pie crust has never been soggy, even if we eat them a couple of days after purchase. Although my son can eat a pork pie and a sausage roll in one sitting and still be hungry enough to eat again before bed, we’ve been known to split a pie as they are very filling. The smallest of its pies are beef and lager, or mushroom and chicken, hand pies they call Crescent Pies which are served with a

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Enjoy a dry-aged, bonein rib eye steak and other high-end cuts of meat for a white-linen steakhouse experience from the comfort of your own dining room.

You won’t have to make the trip on 422 to Lebanon and wait in line for Shuey’s Hard Pretzels.

worthy Hex Sauce. Unlike the others, these are on offer daily and are sold warm which makes them one of the most unique fast foods in Berks County.

Part of the fun of shopping at D&H is that they have a freezer full of bone broths, soups, and other treats. I admit that I always have a container of its Revive Bone Broth in my freezer. It is a dark chicken broth that has lemongrass, ginger, and coriander flavoring and is perfect for sipping to keep away the sniffles.

We are also partial to D&H’s creamy baked potato soup. It’s silky and layered with herbs and spices like rosemary, thyme, parsley, and nutmeg. The vegan tomato soup is wonderful as well, and a container of it is usually nestled beside the bone broth in my kitchen freezer. If you don’t want to buy frozen soup, D&H always has a hot cauldron of a satisfying soup behind the counter.

You can buy either a cup or a pint. Two other soups worthy of a mention are the turkey curry soup, and the creamy cauliflower soup that comes with a swirl of either garlic sauce or roasted red pepper sauce. A cup of soup and a Crescent Pie make for a great meal on the run.

The case beside the meat case is filled with an assortment of premise-roasted vegetables such as carrots, Brussels sprouts, red beets, sweet potatoes and the like as well as homemade mac and cheese and other starches. There are also some ready-made meals, such as salads and meatloaf in the case. When I am really pressed for time, I pick up a couple of D&H’s sides and the convenience helps me get dinner on the table for my ravenous kid quickly after work.

On a recent visit, I discovered Jeni’s ice cream. Its flavors are anything but typical. The browned butter almond brittle is a favorite as is the lemon and blueberries parfait. Although it is a bit pricey for ice cream (about $10.00 a pint), it’s still cheaper than a couple of desserts in a high-end restaurant.

The large, refrigerated cases beside the freezer case are always filled to bursting with farm-fresh eggs, milk, cheeses, pickles, and all manner of specialty beverages. I always seem to spot

Indulge in a pint of Jeni’s ice cream to top off your meal or to satisfy your sweet tooth.

something enticing each time I shop there. But I do have other staples that are a must: did I mention that D&H also sells Shuey’s Pretzels? I know everyone has his or her favorite local pretzel maker, but mine has been Shuey’s from the first time I tried them. However, I could only ever get them at the Shuey store front in Lebanon, which is open rather limited hours and a trip there must be timed to arrive before the daily allotment sells out. Thanks to D&H, that problem has been solved. The pretzels pair well with some of Jeni’s ice cream flavors such as its High Five Candy Bar. Because D&H specializes in whole animal butchering, rather than buying cases of specific cuts from a wholesaler, it is best to put in an advance order if you want a specific cut of meat. Its local sourcing of animals and produce means that while the prices are higher than the farmers’ markets, the quality and freshness of its offerings is unsurpassed. D&H also has a loyalty program that gives a $10 credit for every $200 spent – the equivalent of a free pint of Jeni’s.

When those late afternoon texts take me by surprise, my D&H Easy Button never disappoints, especially when my son responds, “I don’t care” or “anything” when asked what he’d like to eat. I simply don’t have recipes for “whatever.” However, D&H always satisfies in a pinch even if I merely pick up some burgers for the grill and a pack of its brioche buns.

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

Spring 2022 | 33

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TWO ELECTIONS. TWO POEMS. T

wo poems. Sixty years apart.

Different circumstances. But same positive message.

In the 1960 presidential election, John F. Kennedy was elected over Richard M. Nixon by a margin of only 112,827 in the national popular vote. The results in Illinois and Texas were razor-thin, and many Republicans wanted Nixon to file challenges, but he declined to do so despite allegations of electoral fraud.

For Kennedy’s inauguration Robert Frost was asked to read a poem he had written for the occasion, but when the sun glare prevented him from seeing the printed word, he recited from memory another poem. Here is a portion of what he intended to read: Our venture in revolution and outlawry Has justified itself in freedom’s story Right down to now in glory upon glory.

Come fresh from an election like the last, The greatest vote a people ever cast, So close yet sure to be abided by, It is no miracle our mood is high…

There was the book of profile tales declaring For the emboldened politicians daring To break with followers when in the wrong A healthy independence of the throng, A democratic form of right divine To rule first answerable to high design.

By Donald F. Smith, Jr., Esquire

Trump tells them, “We’re going to walk down to the Capitol…You have to show strength, and you have to be strong.”

The demonstrators marched to the Capitol, whereupon: walls of the building were scaled; many were armed with weapons, pepper spray and tasers; police were attacked; Rep. Madison Cawthorn, who had spoken at the rally, tweeted at 1:30 pm, “The battle is on the house floor”; first-floor windows are smashed; chants of “hang Mike Pence” were heard; the House was forced to adjourn at 2:20 pm, temporarily ending the process of certifying votes; and shortly thereafter the House and Senate chambers were occupied by the demonstrators. Congress was able to reconvene at 8:06 pm.

Do these actions represent an insurrection or do they constitute An election so “close yet sure to be “legitimate political discourse” as the abided by” and “emboldened politicians Republican National Committee has daring to break with followers” when they described them? It is an important question are wrong, resulting in a “democratic form because Section 3 of the Constitution’s of right divine.”

Fourteenth Amendment disqualifies from Sixty years later we had the election of public office any individual who swore 2020, in which Joseph R. Biden, Jr. wins the an oath to uphold the Constitution and popular vote by more than seven million then “engaged in insurrection or rebellion” over the incumbent, Donald J. Trump, as against the Constitution. well as the Electoral College tally by 306 to As an emboldened politician, 232. The Trump campaign filed many court Republican Senate leader Mitch challenges without any evidence of electoral McConnell has said in response to the fraud; each challenge was dismissed.

RNC: “We saw it happen. It was a violent Nevertheless, on the day the Electoral insurrection for the purpose of trying to College count was to be confirmed by prevent the peaceful transfer of power after Congress, January 6, 2021, a rally was held a legitimately certified election, from one behind the White House. The speakers administration to another.” included: Rudy Giuliani who called for If Senator McConnell is correct, is “trial by combat”; Rep. Mo Brooks of there sufficient evidence to then find Alabama urged the crowd to “start taking Trump, Cawthorn and Brooks had down names and kicking ass” because “the engaged in acts inciting an “insurrection or fight begins today”; and then President rebellion” to obstruct the constitutionally

required confirmation of election results, thus barring them from future office? An effort has been filed in North Carolina to keep Rep. Cawthorn off the ballot for this year’s midterm congressional election.

As reported in The New York Times, Rep. Brooks faces similar accusations, as do House members Marjorie Taylor Greene of Georgia, Paul Gosar of Arizona and Lauren Boebert of Colorado.

While Section 3 was intended to exclude former Confederate officials and soldiers from federal or state office, four years following ratification Congress granted Confederates amnesty. The section, nevertheless, continued in force.

In 1920, the House refused to seat Victor L. Berger as an elected representative from Wisconsin, under the authority of Section 3, because he opposed the U.S. involvement in World War I. That would seem to be a rather low bar by which to invoke Section 3’s sanction. Constitutional law is never boring.

Fourteen days after January 6, National Youth Poet Laureate Amanda Gorman spoke at Biden’s inauguration. Here is an excerpt from her poem: When day comes, we ask ourselves Where can we find light In this never-ending shade?...

We’ve seen a force that would shatter our nation rather than share it, Would destroy our country if it meant delaying democracy.

And this effort very nearly succeeded.

But while democracy can be periodically delayed, It can never be permanently defeated…

For there is always light, If only we’re brave enough to see it, If only we’re brave enough to be it.

Two poets. Same hope. May our democracy stay divine and undefeated.

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

Spring 2022 | 35

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