Personal Background (1-5)

Transcription

1 Personal Background (1-5) I am 46 years old, born on November 4, I am a United States citizen. I am named after my uncle, who was killed in a B-17 bomber in World War II, and is buried in Normandy, France. My parents are Bruce and Charlotte Anderson, who owned Anderson Travel Service in Stroudsburg for over three decades. I attended Clearview Elementary School K-6, then Stroudsburg Middle School 7-8. I transferred to Notre Dame High School in East Stroudsburg for high school. In my senior year I was elected President of the National Honor Society, and I also lettered in soccer and basketball. I graduated third in my class in I live on Chipperfield Drive in Stroud Township. I also own 16 acres of land in Stroud Township that is the remaining portion of the farm that my grandfather bought in 1941, and adjoins my father s property, where I grew up. I have two grown daughters. Mallory (23), graduated summa cum laude from the University of Pittsburgh, and is a caseworker at Monroe County Children & Youth Services. Emily (20) is a junior at Penn State University, majoring in business and finance. Military Service (6) I served for six years as a commissioned officer (rank of Captain) in the United States Air Force ( ). I was a military prosecutor for 4 years, and a defense counsel for 2 years, at bases all over southeastern U.S., including Georgia, Texas, Alabama, Mississippi, and Florida, as well as New Jersey. I also served as a Claims Officer for 3 years (at two different bases), responsible for defending and prosecuting financial claims for and against the Air Force. I was the staff attorney at two military hospitals, responsible for risk assessment and quality assurance, and defended medical malpractice claims totaling over $75 million. My trial experience began in the Air Force, where in six years I handled 33 courtsmartial, which is a federal criminal jury trial. I was the prosecuting officer in 14 of those trials, and the defense counsel in the remainder. During my service as an Air Force officer I thus averaged nearly six trials per year, with an optimum balance of prosecution and defense experience. I also built upon my experience in environmental law, which began in 1988, when I authored a lengthy judicial opinion for President Judge Ronald Vican on respective liabilities for a Superfund site in Monroe County, Pennsylvania. In the Air Force I received formal training on environmental laws, and at Moody Air Force Base in Georgia, I was the sole attorney advising the base Environmental Compliance Assessment Management Program. That program is an internal Air Force audit of all operations impacting the environment, developed to establish the use of environmental assessments to ensure compliance with all applicable federal, local, Department of Defense, and USAF environmental regulations. The part of my military service of which I am most proud is supporting the deployment

2 of my unit, the 347th Tactical Fighter Wing, to Saudi Arabia during the Persian Gulf War. We received the Outstanding Unit Award for the effectiveness of our F-16 fighter aircraft during that foreign war. Education (7) I was accepted into the University of Pittsburgh University Honors Program, and earned a B.A. degree in Political Science with minors in History and Economics. I graduated summa cum laude (with highest honors) from the University of Pittsburgh in 1984, ranked in the top 4% of my class. I then accepted a Graduate Student Tuition Fellowship scholarship to the University of California, Davis, School of Law, from which I graduated with a Juris Doctor degree in Bar Admissions (8) I passed the Pennsylvania bar examination on my first attempt in November 1988, and became a member of the Monroe County Bar Association on November 10, I am admitted to practice law before the following courts: United States Supreme Court United States Court of Appeals, Third Circuit United States District Court, Middle District of Pennsylvania United States District Court, Southern District of New York United States District Court, Eastern District of New York United States Court of Appeals for the Armed Forces United States Air Force Court of Criminal Appeals Legal Career (9-15) Judicial Law Clerk. President Judge Ronald E. Vican, Court of Common Pleas, 43 rd Judicial District, Monroe County, Pennsylvania. January to May, I performed legal research and drafted 36 judicial opinions in both criminal and civil cases for Judge Vican. United States Air Force. Commissioned officer (rank of Captain), Judge Advocate General Department, Private Law Practice. Stroudsburg, Pennsylvania, currently and 1995 to Upon my Honorable Discharge from the Air Force in May 1995, I opened my own law practice in Stroudsburg. In a short period of time I established a successful general legal practice, concentrating in the areas of family law, real estate, and civil litigation. I am solely responsible for all aspects of legal representation, including client development, drafting of pleadings and all other legal documents, as well as real estate and other transactional documents. In the course of representing hundreds of clients, I have conducted all manner of court appearances, including the following:

3 14 trials to verdict motions court (discovery, dispositive and other issues) argument court pretrial conferences adoptions divorce, custody and support hearings contempt hearings administrative law hearings (e.g., expungement of child abuse findings) child dependency hearings minor s settlement approvals District Justice hearings I have also presided over common law arbitration panels of three attorneys, served on such panels, and litigated before such panels (again, both plaintiff and defense). I have taken and defended dozens of depositions, on behalf of plaintiffs and defendants, of both lay and expert witnesses. A fundamental part of my practice is legal research and writing; I have drafted a very wide array of legal documents, including contracts, pleadings, discovery requests and responses, settlement documents, demand letters, wills, deeds, leases, powers of attorney, motions, briefs (at all court levels), and legal articles. Most of my clients have legal matters of the type that the newest judge will face, such as divorce, child custody, support, Protection from Abuse (both as a private attorney and state prosecutor), child dependency, contractor disputes, consumer protection cases, personal injury and debtor-creditor relations. I thus have significant legal experience in the areas of law the next judge will be expected to handle. Special Public Defender. Monroe County, Pennsylvania, 1996 to In 1996, President Judge Vican appointed me as a special public defender (conflicts counsel). I was responsible for criminal defense of a wide variety of cases, including drug trafficking, serious property crimes, sexual assaults and juvenile matters. This role, which built upon my service in the Air Force for two years as a defense attorney, gives me a broad perspective on the issues facing both sides of a criminal case. As a judge, I will be able to draw upon this experience as a defense attorney to ensure that the rights of all persons who come before the court are safeguarded. Assistant District Attorney. Monroe County, Pennsylvania, currently, and February 1997 to February Responsible for prosecution of approximately 300 criminal cases per year, including homicide, drug trafficking, arson, burglary, robbery, sex crimes, violent assaults, forgery, identity theft and fraud. I have obtained over 1,000 criminal convictions in Monroe County. I have conducted 38 criminal trials to verdict. I achieved this high number of trials because I always sought the right result, rather than the expediency of a guilty plea. For example, during the March 1998 criminal term, I tried five cases to jury verdict in eight days, including the felonies of armed robbery, forgery and theft.

4 My high conviction rate is a testament to my trial preparation and advocacy skills. In addition to trials, I have conducted thousands of criminal court hearings, including: Preliminary/prima facie hearings Omnibus pretrial suppression and habeas corpus Sentencings Post-sentence hearings Parole Parole and probation violation Protection from Abuse order contempts (PFA advocates do not handle these more serious contempt hearings, because a criminal penalty is involved) Contempt hearings for violation of court-ordered fines and costs Bench warrants Juror contempts Post Conviction Relief Act Juvenile delinquency adjudications Some of the notable criminal cases I have prosecuted include the following: In re D.S. 17-year-old adjudicated delinquent for 3 counts of homicide by vehicle while DUI after a trial on December 12, Mr. Smith drove a pick-up truck with 6 passengers off of Route 715 in Tannersville and hit a tree while drunk. I also convicted at trial the bartender who served the alcohol to D.S. Reneau Jacques. 17-year-old convicted as an adult for felony one attempted robbery and aggravated assault for firing a handgun multiple times at a victim during an attempted robbery in the parking lot of Walmart on August 28, Mr. Jacques was shot three times in the lower extremities by the victim. Kathy Ann Rogan. 43-year old woman who crossed the center line of Route 940 while under the influence of drugs, and killed Michael Lacey, the 2007 valedictorian of Pocono Mountain High School. She was convicted of homicide by vehicle while DUI, and sentenced to 4-10 years in state prison. Randy Williams. 28-year old man who robbed at gunpoint a news store on Main Street in Stroudsburg on June 24, Convicted of robbery by jury trial in March Thomas Boyle. Convicted after a jury trial of 4 felony counts of drug trafficking as a result of drug transactions in the fall of Verdict and sentence upheld on appeal. Noah Berryman. Convicted of 2 counts of involuntary manslaughter in February 2001, for the deaths of two passengers in his car which he crashed while driving at a high speed in an attempt to get the car airborne. Berryman had obtained his license on the same day as the crash.

5 Richard Coad. 57-year-old home contractor convicted by a jury in July 2008 of felony theft for taking $42,600 from the victim to build a home addition and misappropriating the money. Nicholas Patrick. Convicted in September 2008 after a jury trial of felony one aggravated assault for a single punch to the head of an off-duty State Trooper which caused serious and permanent head injuries. Anthony Mitchell. Currently prosecuting 28-year old man for murder as a result of the fatal shooting of Casheem Gaines at Eagle Valley on September 28, Also prosecuting his accomplice, Christopher Edmondson. Ralph Maldonado and Miles White. Currently prosecuting two men for murder as a result of the fatal beating and robbery of Blake Natal in the parking lot of the Quality Inn on January 15, Sean Murray. Currently prosecuting 43-year-old man for the hit-and-run killing of a pedestrian on Route 80 on August 13, My dedication to protecting our community from criminals was recognized by the unanimous endorsement I received by the Fraternal Order of Police, Stroud Lodge #75, and other law enforcement leaders, including John Baujan Chief, Stroud Area Regional Police Department, Steve Williams, Chief, Barrett Twp Police Department, Robert Snell, Chief County Detective, John Lamberton, Former Chief, Pocono Mtn Regional Police Dept, and numerous current and former criminal prosecutors. The endorsement by the Fraternal Order of Police states in part: Your dedication to the law enforcement community and the improvement of the quality of life of Monroe County s citizens made our choice an easy one... Our lodge feels your qualifications exceed those of the other candidates. The members of our lodge respect your ability to fairly prosecute cases in the best interest of the victim and our community... Your advancement to Judge would be an asset to the citizens and law enforcement alike. New York City Practice. In 2002, with the goal of sharpening my skill as a civil trial lawyer, I accepted a position as a senior litigation attorney with a Manhattan law firm. For six years I handled all aspects of civil litigation in all five boroughs of New York City and Long Island. While practicing in New York I handled hundreds of cases, and was responsible for all aspects of each case, including drafting pleadings, discovery and all trial preparation documents, all court appearances, motions practice, taking and defending depositions, and handling all aspects of appeals. I have conducted 14 civil trials to verdict. Eleven of those trials were in New York City, and all involved complex issues and substantial assets, including medical malpractice and corporate misconduct. I won verdicts totaling over $6 million dollars. The opposing attorneys

6 in those cases were all experienced litigators, in many cases a senior trial partner in a defense firm or governmental entity, such as the City of New York. Resumed Pennsylvania Practice. In the spring of 2008, I resumed my private practice in Stroudsburg, and was also re-appointed as an Assistant District Attorney. I almost immediately resumed criminal trials, with two in 2008, both resulting in felony convictions (Nicholas Patrick and Richard Coad, see above). In the Patrick case, the defense attorney called a medical doctor as an expert. At the conclusion of the trial, Judge Vican commented that I conducted the best cross-examination of an expert witness he had ever seen. In my private practice I continue to represent a wide range of people from all different types of backgrounds, education levels and economic strata. These include husbands and wives and custodial and non-custodial parents in family law cases, contractors and homeowners in construction cases, landlords and tenants, business owners and consumers, sellers and buyers of real estate, patients and doctors in medical malpractice cases, and creditors and debtors. In the current economic crisis, I have more clients who are facing home foreclosure and credit card debt collections. Most of my private clients are folks who do not have a lot of money for an attorney, but have real legal problems that require an attorney. Appellate Court Practice (15) I have significant experience handling cases on appeal, both criminal and civil. I have briefed and argued 16 appeals (both civil and criminal) before the Pennsylvania Superior Court, the Pennsylvania Supreme Court, and the Appellate Division of the New York Supreme Court. I was proud to be a substantive part of a recent historic appellate court event in Monroe County. On April 29, 2009, the Pennsylvania Superior Court came to the Monroe County Courthouse to hear oral arguments in pending appeals. I argued the criminal case appeal of Commonwealth of Pennsylvania v. Claude Howard. The defendant in that case appealed both his conviction and 7-15 years sentence for possessing $10,000 worth of cocaine. Political and Other Occupations (16-19) I have never run for, nor held, any judicial or political office. Since graduating law school in 1988, I have never been engaged in any occupation other than the practice of law (excepting my military service in the United States Air Force). I am not engaged in the management of any business enterprise other than my private law practice in Stroudsburg, PA.

7 Criminal and Legal Proceedings (20-25) I have never been arrested, or charged with any federal, state or local criminal offense. I am not under investigation or indictment for any criminal offense. I have never had a tax lien or other governmental collection action taken against me. I have never been sued by a client. In 1997 I was involved in a legal action concerning the sale of a home as the injured party, and the action was resolved in my favor. I have never been disciplined or cited for a breach of ethics or professional conduct, nor the subject of any complaint concerning my practice of law. Fitness for Office (26-27) I am six feet tall and weigh 174 pounds. I am in excellent physical condition. I continue my lifelong involvement in competitive athletics, including triathlons, biking and running races. I grew up skiing in the Poconos, and am a certified ski instructor. There are no circumstances that would affect my ability to perform all the functions of a Judge of the Court of Common Pleas Legal Writings (28) Copies of some of my appellate court briefs have been previously provided to the Pocono Record. Organizations (29-31) I am a member of the Monroe County Bar Association, and have been active for years in Law Day events, including the Law Day Run. I have also served as a high school mock trial competition judge I am a member of the Pennsylvania District Attorneys Association, and a past member of the New York State Trial Lawyers Association and New York State Bar Association. I have been a member of the Professional Ski Instructors of America. I have been an active member of St. Luke s Roman Catholic Church since the parish was formed in 1968.

8 Awards (32) I received many awards during my military service, beginning with Air Force Officer Training School, where I won an award as the Top Student in my unit. I thereafter was awarded the Air Force Commendation Medal for, inter alia, my service as the Claims Officer at Moody AFB, Georgia, where I managed a staff of seven persons, and handled three major aircraft accidents. I was recognized for settling over $6 million in aircraft claims, and resolving all but one of $55 million dollars in medical malpractice claims against the base hospital. Later, as the Claims Officer at McGuire AFB, New Jersey, I handled 27 Federal Tort Claims Act claims against the Air Force, and recovered $167,000 in third party hospital claims in only six months, a 300% increase over the entire preceding 12 months. I was awarded the Meritorious Service Medal for my performance, which is a rare accomplishment given my rank and time in that position. Qualifications to be Judge (33-34) As an experienced trial attorney, it is my opinion that the best judges are those who have extensive litigation backgrounds. Judges who have spent years in court as litigators have a much better grasp of critical trial issues, such as evidentiary questions, protection of litigants rights, focusing of issues, real-world scheduling concerns, avoiding appellate error, and insuring the smooth flow of judicial proceedings. A properly-run courtroom is the foundation to the fair administration of the law and justice for all parties. Because each trial is so critical to the parties, there is no opportunity for on-the-job training for a judge. The position is thus inappropriate for lawyers who have never conducted a trial, civil or criminal. The parties and their lawyers reasonably expect that the judge is the most experienced lawyer in the courtroom. A judge must also understand the law. Beginning with my judicial clerkship for the President Judge Vican in 1988, legal research and analysis has been a key factor in my success as an attorney. I have researched and written dozens of legal opinions (both judicial and advisory), hundreds of legal briefs for both trial and appellate courts, and numerous memoranda for the United States Department of Justice while a JAG Officer. Skills that have made me an effective civil and criminal trial attorney are the same skills that would make me an effective judge. My years of trial experience, in numerous civil and criminal proceedings, have given me practical knowledge of the following judicial matters: Applying statutes of limitation and jurisdictional statutes Discovering and resolving conflicts of interest Compliance with court rules concerning form of pleadings and other court papers Drafting judicial opinions and orders Conduct of court proceedings in a fair, professional, and courteous manner

9 Managing witnesses Properly handling and considering documentary, demonstrative and tangible evidence Proper application of the Pennsylvania Rules of Evidence and Rules of Civil and Criminal Procedure Working with courtroom personnel to support their roles in the judicial system (e.g., judicial law clerks, sheriff s deputies, stenographers, tip staffs, and administrative personnel) Properly supporting all action with a sound legal authority Handling witnesses has been a fundamental part of my extensive litigation experience. I have interviewed, prepared, and conducted direct and cross-examination of hundreds of witnesses. These include experts in the fields of medicine, forensics, chemistry, ballistics, vehicle accident reconstruction, pathology, economics, vocational rehabilitation, handwriting, arson and counterfeiting. I have worked with local, state, federal and military law enforcement authorities, as well as private investigators, photographers and media experts. And, of course, I have worked closely with countless lay witnesses, including victims of crime, defendants I represented, and hostile witnesses. This background gives me a broad understanding of the issues related to a fundamental part of a trial, the witnesses. While trial experience is critical to being a judge, the right temperament and a varied life experience is equally important. My childhood here in the 60s and 70s formed my love for the Poconos. Although local, I have lived all over the U.S., including California, Georgia, New Jersey and New York. This provides me with a much greater understanding of folks from all over the country. For example, my experience of commuting to a job in NYC for six years gives me a solid understanding of a challenge faced by many of our fellow citizens every day. My local roots combined with life in other parts of the country gives me a balanced perspective on those who would come before the court. My substantial civil and criminal trial experience has taught me well that every judicial decision affects someone directly and others indirectly. As a judge, I will ensure that all of my decisions reflect a fair application of the law, respect for the parties and their attorneys, and the protection of the rights of all people. I have built a career on always striving to do the right thing, and that will continue as a Court of Common Pleas judge. BARNEY ANDERSON