Judge Panella To Preside Over Pennsylvania Superior Court

Jack Panella is a well-regarded former Northampton County jurist who served as Northampton County Solicitor under former Executive Gerald E. "Jerry" Seyfied. He now is the President Judge of the Pennsylvania Superior Court.

The Superior Court, easily the state's busiest court, handled 8,019 cases in 2017. It is an intermediate appeals court, hearing appeals from the county courts. It also entertains wiretap applications.

I will be contacting Judge Panella for more details soon.

Judge Panella's Has Some Kind Words About My Father

Blogger's Note: Superior Court Jack Panella will address his fellow judges and lawyers at this year's annual Reception for the Court, scheduled this Friday. By digging through his garbage, which is what we bottom-feeding bloggers do, I found an advance copy and am sharing it with you because he'll be talking about Bernie O'Hare. But it's another Bernie O'Hare. My late father. He was Bernie O'Hare, Jr. I am Bernie O'Hare III, or as my father would delicately put it, Bernie O'Hare the turd. I would later name my son Bernie O'Hare IV, and call him Bernie O'Hare the fart. I wish to thank Judge Panella for his kind words about my Dad.  

The Northampton County Bar Association has an admirable long standing tradition which fosters the administration of justice in our county. Each year the Bar Association hosts the judges for a dinner known as the Reception for the Court to honor the bench. But during this evening, as part of the ceremony, the gears switch and the bench joins with the lawyers to recognize the members of the Bar that have been practicing for fifty years (that’s right, half a century). That is an accomplishment not easily reached, requiring both longevity and devotion, as well as the ability to deal with a professional stress level that reaches epic proportions. Often, the honored members of the bar are introduced by their peers.

 My Dad claims our family was kicked 
out of Ireland for making bad whiskey. 

An equally important part of this dinner is that the lawyers and the judges meet outside of the courthouse. Over an evening, they converse about ways to improve the profession. They talk about access to justice. Maybe they do tell a joke or two. And they enjoy their time together. This special relationship between our Bar Association and the Court has produced a prodigious record of improvements in the administration of our courts and support for legal services.

This dinner is also important for the lawyers to meet and get together. In a non-confrontational setting, the event promotes civility among the lawyers. We all recognize that an attorney is obligated ethically to have absolute loyalty to his or her client, and to provide competent representation. Being cordial and accommodating to opposing counsel is not in conflict with a lawyer’s allegiance to a client; rather, it is in harmony with the lawyer’s oath to the Court and usually results in representing a client’s best interests.

I was reminded of the importance of this event when I came across a letter I recently discovered. When I first went on the bench in 1991, I inherited a set of files from former President Judge Alfred T. Williams, Jr., a beloved mentor of mine. In going through some of these files just last month, I uncovered a delightful letter sent to Judge Williams from the late attorney Bernard O’Hare, Jr.

Bernie was an absolute legal genius and a master of the art of cross-examination, and was one of the most respected members of our Bar Association. Judge James Hogan once said that a thousand points of light emanated from Bernie.

It is legendary now that Bernie and Kurt Vonnegut, Jr., were prisoners of war together at Dresden during World War II. Vonnegut’s experiences were the basis for his book, "Slaughterhouse-Five" which includes numerous references to Bernie and which was dedicated to Bernie’s wife.

Bernie also had a homespun wit that was unmatched. Although Bernie was extremely intelligent, he had an unassuming, insightful humor that connected with everyone he met. He could put a smile on the most serious, reserved juror, attorney or judge.

And, I found this letter.

In 1982, Bernie wrote to Judge Williams, about that year’s Reception for the Court. In his letter, Bernie offered “anecdotal material” bearing upon and illustrating “the human and endearing side” of one of the 50-year members. Bernie explained that he had “thrived” in the employ of this attorney earlier in his career, and that he was knowledgeable about the attorney’s “health, fortune and lovable disposition.”

Bernie expressed surprise as to why Judge Williams had not contacted him for comments about this attorney. To help remedy this quandary, Bernie offered three pages of these “endearing qualities.”

Bernie then attached three pages.

They were numbered. They were blank.

There was no hostility, meanness or unkindness intended. Just a wonderful humor that I am sure put a smile on Judge Williams’ face. A moment of lightheartedness shared by two professionals who had their share of serious matters every working day.

Judges Warn That Sexual Violence on College Campuses Is Very Real

Two of my favorite jurists, Superior Court Judges Jack Panella (left) and Correale Stevens, recently presented a lecture to Philadelphia judges and lawyers at the annual Philadelphia Bar Association Bench-Bar Conference. The lecture, “Challenges of Adult Victim Sexual Assault Cases,” focuses on the targeting of young women on college campuses.

Judge Panella cites a 2014 DOJ study concluding that as many as 90% of sexual assaults reported by college women are perpetrated by someone known to them. “Acquaintance rape on college campuses is an increasing danger,” Panella noted. “And there are false stereotypes that lead to wrongfully blaming the woman victim. For example, jurors need to understand there may be a delay in reporting because the victim is ashamed or fearful.”

Stevens quoted a jury member who said “there is no assault unless a woman fights to the death”, reported in Jon Krakauer’s book Missoula about the culture protecting members of the football team who are charged with sexual assault. “Unfortunately, many people automatically blame the young woman.”

The judges emphasized the connection between the culture of sexual assault and the role of alcohol. “Alcohol flows freely at weekend parties, and upperclassmen target the young women and groom them well-ahead of the planned sexual assault,” Stevens added. “Some fraternities even set aside rooms the night of the parties, for the assault, after the young woman has been incapacitated by spiked punch or other drinks.”

Studies have shown as many as 70% of campus sexual assaults are not reported, according to Panella and Stevens.

The judges concluded there has to be more awareness of the false stereotypes and allegations investigated thoroughly, following through with criminal charges where appropriate.

This is the fifth time Judges Panella and Stevens have given a presentation on this important topic. November 2nd they will address the Delaware County Bar Association in Media, PA.

Judge Panella Helped By Man He Sent Away

Judge Panella and Jerry

Can people change? Superior Court Judge Jack Panella, whose chambers are in Bethlehem and is a former County judge, has seen some of the state's most hardened criminals in his decades on the bench. But during his summer vacation in Fort Lauderdale, he saw first hand that some people do change for the better

Panella, like many older runners, has back problems from years of pounding. When he and his wife experienced a flat tire in their Florida rental car, he tried his best to throw on a spare. But his back was making it hard for him.

Someone was watching from across the street. A hot dog vendor named Jerry saw Judge Panella. "You look like you're having trouble," he said and offered to help. Judge Panella quickly agreed.

While Jerry worked on the car, a Fort Lauderdale cop also stopped and helped Jerry.

While they were talking, Judge Panella learned that Jerry is originally from Pennsylvania.

"You probably never heard of it, it's called the Lehigh Valley!"

"That's where I'm from!"

Knowing that Jerry is originally from the Lehigh Valley, Panella asked him if he knew anyone.

Jerry did, and spoke very highly of Judge Grifo and McFadden.

"I had some trouble in the past, and that's why I moved here. They were very helpful."

"Do you know Judge Panella?"

"He's the jerk who sentenced me!"

Though Jerry was holding a tire iron, Judge Panella identified himself. Jerry hugged him.

Judge Panella a Hit With NorCo Retirees

Dorothy, Dot and Maurice Dimmick made the Wills office a pleasure to visit. 

Twice every year, Northampton County retirees get together at Northampton Community Center for a delicious lunch. For this year's Spring lunch, which was attended by well over 200 retirees, Attorney Michael Corriere kicked things off with a discussion on wills, living wills and powers of attorney. But the main event was Superior Court Judge Jack Panella.

Judge Panella, for those of you who don't know, is something of a rock star to Northampton County workers. I found this out the hard way a few years ago when I met him to discuss his Sexual Violence Bench book, which he really wanted me to read for some reason.

As I sat there with my ham on rye, women shoved me aside as they fawned all over him. "I miss you so much," he'd say, and they'd giggle like schoolgirls as I pretended to read his book.Before long, half the courthouse was there, surrounding him.

One of them finally glanced at me, glared at the book and said, "Bernie, are you reading about sex crimes at lunch? You really are a pervert, you know?"

So I've been told.

Judge Jack Panella, NorCo rock star

Judge Panella, who was admitted at the same time as John Morganelli and Jay Leeson, went on to become Northampton County's Solicitor under Jerry Seyfried, a county judge and a Superior Court Judge. He's been on the bench now for 25 years. "Seems like yesterday," he said at lunch.

He brought another book, by the way. I let others have it.

Judge Panella told a few stories about his time on the bench and as a lawyer.

Northampton County's First Million Dollar Verdict

One of the cases he remembers as a law clerk fresh out of law school is the lawsuit that resulted when Debra LaForm was swept away by raging Bethlehem Tp stormwaters in 1977. She was sucked into a drainpipe that was only 18" in circumference, and her body was found later in Nancy Run Creek.

During the trial, after LaForm's mother had finished her emotional testimony, Bethlehem Township's lawyer asked her if her daughter could swim.

"You can tack $500,000 onto the verdict after that question," Judge Franciosa whispered to Panella.

The verdict, $1 million, was the largest verdict at that time, in Northampton County.

I would break that record the following year, but as a defense lawyer.

Lipstick and Blood

Another case he mentioned was one over which he presided as a trial judge. The Devon Guzman murder. She had been involved in a lesbian relationship with two women. One of those women, along with her jealous husband, decided to kill her. She was grabbed from behind and a knife plunged into one side of her throat and then cut away, nearly severing her head from her shoulders. She resisted and bit through one of the arms holding her down from behind, right through the shirt and into the skin.

After the murder, Guzman's body was left in a car at the Hugh Moore Park in Easton, to make it look like a suicide. The murderers went home and put their clothing in the washing machine instead of discarding their bloody garments.

As police became suspicious, they were able to link the blood in the washing machine to Guzman, and even found traces of the lipstick she was wearing. They also noticed the bitemark in the shirt.

District Attorney John Morganelli decided to call a doctor and ask if someone could bite through clothing and into another person's skin.

This doctor told him that was entirely possible, and the mentioned that, as luck would have it, he had just treated someone with that kind of bitemark. The doctor was served with a subpoena and it turned out that the person he treated was the jealous husband whose clothing had been found in the washing machine.

Panella brought a book about that murder, Lipstick and Blood. That's the one I let others take.

Can a Man marry His Son?

The final case Judge Panella discussed involves an elderly gay couple who had been together for decades, long before a gay lifestyle was approved. Unable to marry, one of the men, aged 60, adopted his 40 year old gay lover because they were unable to marry.

Fast forward 20 years, and gay marriage is now legal. But a father can't marry his son, so this gay couple sought to have the adoption annulled. A trial judge said No, so that case is now before a three-judge panel that includes Judge Panella.

Mis-de-wiener

After Judge Panella finished his remarks, Master of Ceremonies Gerald E "Jerry" Seyfried decided to tell his own story, involving Judge Zito. A couple in the Slate belt were having domestic difficulties because the husband was always cheating on his wife. So she decided to snip off his penis, like Lorena Bobbit. She had the scissors, but instead of snipping at the male organ, she decided to stab it off. But she missed and hit the guy's thigh instead.

Though she was charged with felony aggravated assault, Seyfried reported that Judge Zito reduced the charges because it was only a "misdewiener."

The audience groaned, and I think a few people started throwing things and the meeting quickly ended.

It was great to see a lot of old friends there, including former Council Clerk Frank Flisser, former Executive Glenn Reibman, former Council member and Director of Human Services Ron Heckman, Jerry's lovely wife Julie, Regina, Dorothy, Dot and Maurice, to name a few.