Liberty City LGBT Democratic Club

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1 Liberty City LGBT Democratic Club 2015 Judicial Primary Election Questionnaire Please return to by March 9, 2015 Name: Thomas Martin Campaign Address: 3315 W Queen Ln. Phila. PA Office Sought: Judge, Common Pleas and Municipal Court Phone number: Date: 3/10/2015 BACKGROUND QUESTIONS 1. Please attach a copy of your resume to your completed questionnaire. See attached. 2. What rating have you received from the Pennsylvania Bar Association and/or the Philadelphia Bar Association? Recommended. 3. What is your experience with the LGBT community both generally and/or professionally? Please provide specific examples. Like most people I have friends and family who are members with the LGBT community. Some are out, some are not. It truly makes no difference to me. Professionally, I have represented a number of people who happened to be LGBT people but that status was not relevant the matters for which I represented them. I also interact with judges, attorneys and witnesses who happen to be LGBT people but again that has never been relevant to any cases in which I have been involved. 4. Do you employ any openly LGBT people on your campaign staff or other staff? I do not have a campaign staff. My law firm does employee LGBT people.

2 5. How are you best qualified for the bench? I believe that being a judge would be the highest and best use of my talent, background and experience. I have over thirtyty-five years of experience representing clients in jury trials in state and federal courts as well as in administrative proceedings before the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission. I also serve as a mediator for the United States District Court for the District of Pennsylvania and as an arbitrator in the Philadelphia Court of Common Pleas. I have been a member of the National Employment Lawyers Association, the Pennsylvania Employment Lawyers Association, the American Trial Lawyers Association, the Philadelphia and Pennsylvania Trial Lawyers Associations, the Brehon Law Society and the Philadelphia and Pennsylvania Bar Associations and the Plaintiff s Employment Lawyers Panel of the United States District Court for the District of Pennsylvania. Essentially, I believe that the law should be used to protect the rights of individuals. The government is here to serve the individuals. Individuals are not here to serve the needs of the government or the governing class. A judge needs to at times act as a buffer between the government and the people and at other times as a bridge connecting the government to the people by applying enacted policies to individual cases. At all times a judge must be mindful that to the parties and witnesses in the courtroom he or she is the embodiment of their government. 6. What is the general nature of your legal practice, and what are your particular areas of concentration? My current practice ( since 2008) consists entirely of civil litigation representing individuals in a broad range of matters including personal injury, product liability, employment discrimination and civil rights cases. Over the years I have had experience in a diverse range of matters including construction litigation, small business counseling, contract law, zoning and land use issues. 7 Describe a few of the most significant cases that you have litigated. Please give a summary of the substance of each case, the citations if available, and explain why you believe that each such case was significant. Logan v Risa Ferman et al. USDC ED CA# , Judge Curtis Joyner. Opinion denying Motion for Summary Judgment of Mary Anders and Risa Freeman (ECF No. 73) and the Motion for Summary Judgment of Salem Baptist Church of Jenkintown ( Salem ) (ECF No. 74) is reported at Logan v. Salem Baptist Church of Jenkintown, No. 10-CV-0144, 2013 WL , at *1 (E.D. Pa. Aug. 23, 2013) I along with my partner Mark Tanner represented the Plaintiff, Walter Logan. The case stemmed from the arrest and attempted prosecution of Mr. Logan by the Montgomery County District Attorney in order to gain leverage in a civil claim between Logan and Salem Baptist Church of Jenkintown related to a construction project. We were able to obtain significant compensation for

3 our client in addition to public statements that served to remedy the damage to his reputation. An early settlement was reached with Salem s civil attorney, Eastburn and Grey. Following the summary judgment ruling a settlement was reached with the Montgomery County defendants which significantly included an apology from the Montgomery County DA and an agreement to expunge Mr. Logan s arrest record. On the second day of trial which commenced on September 8, 2014, settlement was reached with the final defendant, Salem Baptist Church. This was a very important case to our client who had his professional and personal reputation restored. It is a publicly important case as well because it shined a light on governmental abuse of power. Lipsky v. State Farm Mut. Auto. Ins. Co. Phila. CP No Declaratory Judgment decided on summary judgment by the Honorable Idee Fox. Decision affirmed by the Superior Court at 34 A3rd 213. Opinion available at 2011 WL Affirmed by an equally divided Supreme Court at 84 A.3d 1056 (2014). My partner, Ezra Wohlgelerneter and I represented the plaintiffs in this insurance coverage case which decided an important unresolved issue regarding the obligation of State Farm Mutual Insurance Company to provide liability coverage and indemnify its insured for legitimate claims of negligent infliction of emotional distress by third parties. Judge Fox determined that coverage was mandated and that decision was affirmed by the Superior Court and the Pa Supreme Court. I personally had principle responsibility for preparing all of the briefs and argued the case before both appellate courts. This result was important to numerous individuals who had similar claims that had been denied by State Farm but were honored after our decision. It also provides an important precedent for insurance contract interpretation. Sites v Moran Towing Corp. USDC ED PA CA No before Hon. L. Felipe Restrepo Mark Tanner and I obtained a significant settlement on behalf of our seriously injured client which came about after filing our answer to defendants motion for summary judgment. I had primary responsibility for all pre- trial investigation and discovery in this complex case involving an accident while our client was working on repairs to a tugboat engine. The case thus involved significant issues of federal maritime law as well as intricate engineering concepts and divisions of legal responsibility. 8. What pro-bono legal work have you performed, and for what organizations have you volunteered time? In addition, have you performed any LGBT specific pro bono or volunteer work? I have handled number pus cases for the Bar Association VIP program and literally hundreds of cases referred by the democratic city committee for no fee. While I have represented LGBT people in those programs the issues have not been LGBT specific.

4 9. Have you ever experienced discrimination on a personal level? If so how did you overcome it? As a white male in America I am certainly not disadvantaged nor do I claim to be. However, there is no doubt that these characteristics limit opportunities in some circles. For example, I have sought the endorsement of Liberty City in past elections. I believe that my being a white, catholic, heterosexual male was noticed and not in a favorable way. I hope to overcome any discrimination that might exist through persistent emphasis on my qualifications. CIVIL RIGHTS QUESTIONS 10. How have you advanced the rights of the LGBT community, racial and ethnic minorities, and persons with disabilities? Please provide specific examples. My work in handling employment discrimination claims has vindicated numerous individuals who were discriminated against because of their race, gender or age. I believe that my willingness to take on such cases is a deterrent to discrimination in general. Most recently, last week I successfully concluded a difficult age discrimination case against AMTRAK. 11. Do you support the rights of LGBT people to the following (if yes, please explain how you have supported the issue): a. Marriage equality (including the dissolution in Pennsylvania courts of an out-of-state marriage and/or civil union): Yes. I believe that equal protection requires equal treatment. b. Second-parent adoption? Yes. Where a co-parenting relationship exists the law should formally acknowledge that and provide for equal rights and responsibilities. c. Equal custody rights in divorce (including visitation and custody rights for non-birth parents in separations)? Visitation and custody rights must be made on an individual basis with the paramount concern being the best interest of the child.

5 d. Protection from discrimination in connection with employment, housing and accommodations? Most assuredly, yes. A large part of my career has been devoted to protecting against discrimination in employment. e. Protection from acts of violence, including hate crimes, based on sexual orientation or gender identity? Yes. The government should strive to protect everyone from acts of violence. f. Access to victims services and Protection From Abuse orders for victims of domestic violence and/or rape? Yes. 12. Do you consider transgender rights a civil rights issue? Please explain. Yes. The constitutional provisions of due process and equal protection under the law as well as general principles of fundamental fairness require that all persons enjoy the same rights and responsibilities. 13. Transgender people have sometimes experienced a higher risk than others of discrimination and violence in connection with their interactions with the court system, and specifically, the criminal justice system. What should judges do to mitigate such discrimination? There will be no discrimination in my courtroom. Violence of any nature is simply unacceptable. 14. LGBT youth may act out because of harassment at school or in the home due to their gender/sex identity. How would you show sensitivity to such issues? Additionally, LGBT youth who spend time in juvenile detention facilities may face dangers other youth do not, such as physical, psychological, or sexual abuse and discrimination. What alternatives, if any, might be appropriate for such youth? Although all children in the juvenile justice system have a constitutional right to be free from violence and harassment, the increased dangers to LGBT youth presents particular challenges. This has been well documented. See, Feinstein, A report on lesbian, gay, bisexual and transgendered youth in the New York juvenile justice system. Judges must be sensitive to these dangers and explore sentencing alternatives that address the particular needs of these vulnerable children.

6 15. Do you support a woman s right to choose? Yes. I believe that Roe v Wade was correctly decided and is important not only for protecting a woman s right to choose but in generally establishing the right of privacy. SUMMARY QUESTIONS 16. Why should Liberty City endorse you? I am extremely qualified by my experience and legal abilities. I am an ally to issues important to the LGBT community. I believe in the rights of individuals to be free from discrimination and have championed those rights in my law practice. 17. List all other endorsements you have received in connection with present 2015 Primary Election. Pending. CANDIDATE SIGNATURE:

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