BUCKS COUNTY BAR ASSOCIATION MERIT SELECTION OF JUDGES COMMITTEE. Candidate Questionnaire

Transcription

1 BUCKS COUNTY BAR ASSOCIATION MERIT SELECTION OF JUDGES COMMITTEE Candidate Questionnaire NOTICE: A candidate who chooses not to answer any question in whole or in part is requested to set forth the reason(s) for not answering so as to minimize or eliminate any adverse inferences that may otherwise be drawn. I. PERSONAL DATA 1. Name and Address. State your full name, home address and any other name by which you have been known. 2. Age Jordan Berson Yeager, 51 (DOB: May 26, 1967). 3. Business Activities. (a) In the past ten years, have you been engaged in any occupation, business or profession, other than the practice of law or holding of judicial or other public office? If yes, state details, including name, address, description of activity and dates. No. (b) Are you currently an officer or director or otherwise engaged in the management of any business enterprise? Only within the legal profession. (1) If yes, state the details, including the name of your enterprise, the nature of the business, the title or other description of your position, the nature of your duties and the term of your service. I am a partner with the law firm, Curtin & Heefner LLP. I served as a member of the Management Committee until December 31, I currently serve as chair of the firm s Public Sector, Environmental, and Appellate practice groups. I oversee the personnel, work product, client relations, and business development activities in these practice areas. (2) Is it your intention to resign such positions and withdraw from any participation in the management of any such enterprise if you become a judge? If no, state reasons. -1-

2 Yes. II. EDUCATIONAL BACKGROUND AND PUBLICATIONS 4. Education. State each trade school, college and/or law school attended, including the dates of attendance and the date and type of degree awarded. Cornell University (Ithaca, NY); ; B.A., May University of Essex (Colchester, England); (Junior Year Abroad). American University, Washington College of Law (Washington, DC); ; J.D., May Teaching. Have you taught any law related courses after your admission to practice? If yes, state the name and address of the institution and the name and substance of the course taught and the date when it was taught. Yes. In addition to frequent lectures for the Pennsylvania Bar Institute and other continuing legal education providers, I have presented guest lectures at Yale Law School and Columbia Law School. For details, please see Lectures & Seminars identified in response to Question 6, below. 6. Publications. Are there any publications or articles of which you are the author or a contributing author? If yes, state the name and date of the publication or article and the publisher. Include any CLE publications and seminars. Yes. Published Writings: Zoning & Municipal Regulation (Chapter), Law of Oil & Gas in Pennsylvania, Pennsylvania Bar Institute (2 nd Ed. September 2016) (lead author). Third Party Appeals (Chapter), Law of Oil & Gas in Pennsylvania, Pennsylvania Bar Institute (2 nd Ed. September 2016) (co author). User Beware: Maximizing the Possibilities, Minimizing the Risks of Using Social Media, The Pennsylvania Lawyer Magazine (September/October 2011). Natural Gas Regulation in the Municipal Government Context, The Legal Intelligencer (July 2011). Due Process, Preemption, Property Rights and the Battle Over Local Regulation of Gas Drilling, PA Bar Association s Environmental & Energy Law Section Newsletter, Vol. 1, Issue 1 (2011). Keys to Effective Employee Evaluations, New Hope Chamber of Commerce -2-

3 Newsletter (2010). Gender Stereotype Claims Under Title VII, Philadelphia Bar Association Newsletter (2009). Lectures & Seminars: Status of Environmental Rights Jurisprudence in Pennsylvania, Marcellus Shale Coalition (January 2019). Community-Based Environmental Law Practice, Columbia Law School, Environmental Law Clinic (November 2018). Zoning Law Alert: Supreme Court s Decision in Gorsline and its Impacts on Municipalities, PA State Association of Boroughs (August 2018). Environmental Rights Amendment after PEDF, Pennsylvania Bar Institute, Land Use Institute (July 2018). The Environmental Rights Amendment: What Municipal Officials Need to Know, Pennsylvania State Association of Township Supervisors, Annual Conference (April 2018). Municipal Obligations Under the Environmental Rights Amendment, Pennsylvania Bar Institute, Environmental Law Forum (April 2018). The Green Amendment, Securing Our Rights to a Healthy Environment, Professor s Workshop, National Environmental Law Moot Court Competition, Pace Law School (February 2018). Environmental Constitutionalism and the Pennsylvania Experience, Yale Law School (February 2018). Wireless Infrastructure Issues, Zoning Symposium, Pennsylvania State Association of Township Supervisors (December 2017). Who Has Environmental Rights? Pennsylvania Bar Institute (December 2017). Legal Interpretations and Opportunities, PennFuture Environmental Rights Amendment Forum (September 2017). Is the Future Now? Application of the Environmental Rights Amendment to Economic Development in Pennsylvania, Pennsylvania Bar Institute (August 2017). How Townships Can Regulate Digital Billboards, Pennsylvania State Association of Township Supervisors (April 2017). -3-

4 Reviving the Right to a Healthful Environment: State Constitutions and Environmental Rights, Yale Law School (April 2017). The Environmental Rights Amendment in Practice, Pennsylvania Bar Institute, Environmental Law Forum (April 2017). Intersection of Animal Law & Environmental Law, Pennsylvania Bar Institute, 13 th Annual Animal Law Conference (August 2016). Environmental Rights Amendment Past & Present, Pennsylvania Bar Institute, Land Use Institute (July 2016). Pennsylvania s Shale Industry: The Facts, the Opportunities, the Risks, Keystone Research Center 20 th Anniversary Conference (June 2016). Do s and Don ts of Appellate Practice, Bucks County Bar Association (May 2016). Municipal Law Seminar: Robinson Township and Article I, Sec. 27 of the PA Constitution, Bucks County Bar Association, Bench Bar Conference (September 2015). What Every Municipal Lawyer Needs to Know About the Environmental Rights Amendment, Pennsylvania State Association of Boroughs (August 2015). Current and Future Litigation Issues, Pennsylvania Bar Institute, Environmental Law Forum (April 2015). Keynote Address, Watershed Congress (March 2015). The Supreme Court s Decision in Robinson Township and the Future of Zoning in the Commonwealth What Every Municipal and Land Use Lawyer Needs to Know, Pennsylvania Bar Institute (September 2014). Robinson Township vs. Commonwealth (Act 13), Pennsylvania Bar Institute, Land Use Institute (June 2014). Local Land Use Regulation, Pennsylvania Bar Institute, Environmental Law Forum (April 2014). Private Water Supply & Toxic Torts Claims, Pennsylvania Bar Institute, Environmental Law Forum (April 2014). Appellate Practice Primer, Bucks County Bar Association (June 2013). Role of Localities & the Public in Shaping Drilling s Future, American Law Institute Environmental Law Institute (January 2013). -4-

5 Social Media, Litigation and Employment Law, Bucks County Bar Association (August 2011). Will Northeast PA Get It Right this Time? WVIA TV, State of Pennsylvania (May 2011). Gas and Our Water: Legal Tools for Advocates, PennFuture Watershed Conference (2011). Understanding the Need for Regulation, Delaware Riverkeeper Network Program on the DRBC s Draft Gas Rules (2011). Absentee Ballot Challenges, PA Election & Campaign Finance Law CLE (2010). Gas Drilling Litigation Case Study: Arbor Resources v. Nockamixon Township, National People s Oil & Gas Summit (2010). Employment Law Update, Bucks County Bar Association (2010). What Every Criminal Defense Lawyer Needs to Know about 1983, Bucks County Bar Association, Criminal Law Section (2007). Managing Workplace Conflict: Designs for Success, Society for Human Resource Management, Lehigh Valley Chapter, Annual Conference (2005). Effective Presentation of Psychiatric Testimony, National Employment Lawyers Association, New York (2000). Private Practice and Public Interest Law, University of Pennsylvania School of Law (1996). 7. Honors. State any honors, prizes or awards or other forms of recognition which you have received (including any indication of academic distinction in college or law school) other than those mentioned in answers to the foregoing questions. Include any lectures delivered or symposia in which you have participated in the past five years. Pennsylvania Super Lawyer, American Lawyer Media (2013, 2014, 2015, 2016, 2017, 2018). Most Likely to Argue Before the Supreme Court, Bucks County Bar Association & The Bucks County Herald (2017). Florence Neilson Environmental Leadership Award, Clean Water Fund (2013). Certificate of Recognition, Gallows Run Watershed Association & Heritage Conservancy (2012). -5-

6 Jefferson Award, Bucks County Democratic Committee (2012). Lawyers on the Fast Track, American Lawyer Media (2006). Alumni Award, Washington College of Law (1992). High Grade Award, Trial Advocacy, Washington College of Law (1992). Reed Salisbury Scholarship, Washington College of Law (1992). III. LEGAL EXPERIENCE 8. Current Professional Occupation. (a) State the name and address of your principal office. Curtin & Heefner LLP, 2005 S. Easton Rd, Suite 100, Doylestown, PA. (b) Describe your present professional position. x firm sole practitioner x partner or shareholder associate public defender district attorney other (describe) (c) How long have you practiced law in Pennsylvania? 24+ years (since June 1994). 9. Courts. (a) State all courts in which you have been admitted to practice, including dates of admission. I have been admitted to the bar of the following states: Pennsylvania (1994) (Active). District of Columbia (1993) (Active). Maryland (1993) (Inactive). Virginia (1992) (Inactive). I have also been admitted to practice before the following courts: U.S. Supreme Court (1997). -6-

7 U.S. Court of Appeals for the D.C. Circuit (2018). U.S. Court of Appeals for the Third Circuit (2000). U.S. District Court for the Eastern District of Pennsylvania (1996). U.S. District Court for the Middle District of Pennsylvania (1996). U.S. District Court for the District of Columbia (1993). U.S. Air Force Court of Military Review (1993). (b) Have you ever been disciplined by the Pennsylvania Supreme Court Disciplinary Board or a disciplinary agency in any other jurisdiction? If so, please explain the circumstances. No. 10. Employment History. State chronologically your legal experience after graduation from law school, including: (a) whether you served as clerk to a judge and, if yes, the name of the judge and the court and the date of your clerkship; (b) whether you practiced alone, and, if yes, the addresses and dates of your solo practice; (c) the dates, names and addresses of law firms or offices, companies or governmental agencies with which you have been connected and the nature of your connection with each; (d) any other relevant information. Klimaski, Miller & Smith, PC (Law Clerk & Associate) (May 1992 June 1994). Office address: 1899 L Street, NW, Washington, DC. Summary: General practice with emphasis on military law, employment and labor law, and general civil litigation. Law Office of Jordan B. Yeager (Sole Practitioner) (June 1994 Sept. 1995). Office address: 2 W. Tioga Street, Tunkhannock, PA. Summary: General practice; court-appointed trial and appellate defense counsel in juvenile delinquency and adult criminal proceedings. Sugarman & Associates (Associate) (Oct Nov. 1997). Office addresses: 1701 Arch Street, Philadelphia, PA 122 N. Main Street, Doylestown, PA Summary: Complex civil litigation practice in federal and state courts. Emphasis on employment, civil rights, and land use litigation. Boockvar & Yeager (Partner) (Nov May 2008). Office addresses: 8 W. Oakland Avenue, Doylestown, PA 714 Main Street, Bethlehem, PA 539 Center Street, Bethlehem, PA 2 W. Butler Avenue, Doylestown, PA 328 W. Broad Street, Quakertown, PA Summary: Litigation practice with particular emphasis on complex civil rights and employment law claims. -7-

8 Curtin & Heefner LLP (Partner) (May 2008 present). Current office addresses: 2005 S. Easton Road, Suite 100, Doylestown, PA 1040 Stony Hill Road, Suite 150, Yardley, PA Previous office addresses: 1980 S. Easton Road, Doylestown, PA 250 N. Pennsylvania Avenue, Morrisville, PA Summary: Chair of the firm s Public Sector, Environmental, and Appellate Practice Groups. Member of the firm s Labor & Employment and Real Estate Practice Groups. Counsel to individuals and non-profit groups in land use and environmental matters. Solicitor and Special Counsel to governmental bodies, with emphasis on land use, environmental, constitutional, preemption, labor, employment and appellate matters. Various appointments as Solicitor and Special Counsel to governmental bodies are identified below in response to Question Areas of Practice. (a) What has been the general character of your practice? The general character of my law practice has changed considerably over the years. Throughout my career I have had a broad-based litigation practice in state and federal courts. I have Common Pleas Court experience in twenty-three (23) counties throughout the Commonwealth, including: Bucks, Allegheny, Berks, Butler, Bradford, Carbon, Centre, Chester, Delaware, Franklin, Lackawanna, Lehigh, Luzerne, Lycoming, Monroe, Montgomery, Northampton, Philadelphia, Pike, Sullivan, Susquehanna, Washington, and Wyoming Counties. In the sections that follow, I will discuss the different stages of my career. 1) May 1992 June 1994: While an Associate at Klimaski, Miller & Smith, PC in Washington, DC, I worked for three (3) partners in a varied civil and criminal litigation practice. Cases included military, criminal defense, employment, labor, civil rights, personal injury, medical malpractice and products liability litigation. For example, I was lead counsel in two criminal jury trials in the District of Columbia court system. I had a lead role in appellate briefing and argument before the United States Air Force Court of Military Review. I drafted pleadings and discovery in employment discrimination litigation on behalf of an African American woman who served as a Major in the Air National Guard. I second chaired a medical malpractice jury trial and was responsible for extensive written discovery in a products liability case. I litigated over mandatory arbitration of employment disputes and ERISA -8-

9 preemption. We also provided pro bono and low cost legal services through the AARP s Legal Counsel for the Elderly program. 2) June 1994 September 1995: While a solo practitioner in Tunkhannock, Pennsylvania, I had a general practice, with the majority of my time serving as court appointed trial and appellate defense counsel in juvenile delinquency and adult criminal proceedings. Cases included a death penalty matter involving a double homicide. I also handled school discipline and unemployment compensation matters. During this time I also handled Freedom of Information Act and voting rights litigation. 3) October 1995 November 1997: While an Associate at Sugarman & Associates I had a very active litigation practice throughout Southeastern and Northeastern Pennsylvania. I worked in the firm s main office in Philadelphia and opened a satellite office for the firm in Doylestown. I primarily handled complex civil litigation matters in federal and state courts with an emphasis on employment, civil rights, and land use litigation. I also handled a few criminal defense and domestic relations matters in Philadelphia and suburban counties. The principal of the firm, Robert J. Sugarman, was a highly regarded and very aggressive litigator who took on a heavy and challenging caseload. Representative clients included: municipalities in state court litigation over contested land development matters; a female state Parole Officer in federal court litigation over employment discrimination and retaliation claims; the Barnes Foundation in series of high profile state and federal court litigation matters against its neighbors, township officials and the City of Rome; a former Magisterial District Judge in a federal civil rights claim; a federal civil rights action on behalf of an African American woman and her company in connection with a concession contract at the Philadelphia International Airport; residents of a rural community in Luzerne County in highly contentious federal and state toxic torts litigation against AT&T and various other corporations. 4) November 1997 May 2008: While a partner with Boockvar & Yeager, I maintained a general litigation practice. While I handled a variety of matters, including a few criminal defense cases, I developed a particular emphasis on complex civil rights and employment litigation. Typical matters and clients during this period included: a federal court jury trial on behalf of a woman who was the victim of sexual harassment in the course of her employment as a car salesperson; a federal court First Amendment retaliation claim on behalf of a City of Allentown Police Officer; a federal jury trial on behalf of a disabled Marine Corps veteran in connection with a police response to his house; a race discrimination in employment and retaliation claim on behalf of a Northampton County Corrections Officer; a series of federal civil rights suits on behalf of Northampton County inmates who contracted MRSA -9-

10 during their incarceration; a disability discrimination federal court jury trial and successful Third Circuit appeal against the U.S. Postal Service on behalf of a Letter Carrier. I also regularly handled hearings and appeals on behalf of workers before the Unemployment Compensation Board of Review. During the time that I was a partner at Boockvar & Yeager, I received mediation training and co mediated one divorce matter. Toward the end of my practice with Boockvar & Yeager I began to focus more on developing a public sector and land use practice. As part of this, I began to transition from representing employees and other individuals toward representing employers and institutional clients. 5) May 2008 Present: After I joined Curtin & Heefner in 2008, I focused on developing a public sector and land use practice. Initially, a substantial part of my public sector practice included handling employment and labor matters for municipal clients. Over time, my general municipal and land use practice grew, and I developed a statewide environmental practice. During this stage of my career, my public sector practice has included: service as solicitor and special counsel to local governments; litigating disputes including land use, environmental, labor and employment, constitutional claims, preemption and challenges to local government authority. I regularly serve as a hearing officer, conducting evidentiary hearings, making legal rulings and preparing written decisions. My environmental practice has included: litigating appeals before the PA Environmental Hearing Board from Department of Environmental Protection permits, including permits for gas wells, erosion and sediment control, biosolids, landfills and CAFOs; conducting hearings in local land use proceedings, including zoning matters and ordinance challenges; federal court litigation in connection with Federal Energy Regulatory Commission approval of interstate pipelines. As a result of a landmark victory in the PA Supreme Court (challenging Act 13 of 2012, amendments to the state s Oil & Gas Act), I became recognized statewide as the leading litigator on constitutional claims under Article I, Section 27 of the PA Constitution (the Environmental Rights Amendment). My labor and employment practice has included: advocacy on behalf of both employers and employees before state and federal agencies; assisting employers drafting employee policies and navigating discipline and accommodation issues to minimize risks of legal claims; advising, negotiating and litigating compensation, severance and non compete agreements; and representation in all aspects of the collective bargaining process, including -10-

11 representation petitions, contract negotiations, grievances, arbitration and unfair labor practice proceedings. 6) Additional information: I estimate that I have tried approximately sixty-five (65) cases in courts of record to a final decision; these have been a mix of both jury trials and non-jury trials. I have served as a hearing officer in approximately twenty (20) cases. These were matters in which in an official record was made and which could have been subject to further appeal. In each of these cases, I was responsible for conducting an evidentiary hearing, making legal rulings and preparing written decisions. These cases included variance and special exception proceedings before zoning hearing boards, conditional use proceedings before municipal governing bodies, and Heart & Lung Act proceedings. Throughout my career in Bucks County, I have routinely served as an arbitrator through the Bucks County Court of Common Pleas arbitration program. Cases have varied from landlord tenant disputes to personal injury matters. Over the past fifteen (15) years I have regularly handled election law matters and have provided legal services to a variety of federal, state and local campaigns, and political parties. Over the twenty-six (26) years I have been practicing, I have been involved as counsel in approximately forty-five (45) reported precedential state and federal court decisions. Sample Of Precedential Court Decisions: Robinson Twp. v. Commonwealth of Pennsylvania, 83 A.3d 901 (Pa. Supreme Court 2013) (landmark decision declaring Act 13 unconstitutional, restoring local zoning authority over shale gas-related land uses and revitalizing the Environmental Rights Amendment of the PA Constitution). Schuylkill Twp. v. Pa. Builders Ass'n, 7 A.3d 249 (Pa. Supreme Court 2010) (addressing scope of local government authority in mandating residential sprinkler systems). Harvilchuck v. Department of Environmental Protection, 117 A.3d 368 (Pa. Commw. Ct. 2015) (establishing standard for actual notice sufficient to trigger appeal deadlines). MarkWest Liberty Midstream & Res., LLC v. Clean Air Council, 71 A.3d 337 (Pa. Commw. Ct. 2013) (addressing standard of review for discovery disputes involving trade secret claims). -11-

12 Nockamixon Township v. Nockamixon Township Zoning Hearing Board, 8 A.3d 434 (Pa. Commw. Ct. 2010) (rejecting procedural challenge to zoning ordinance enactments). Cobbs v. SEPTA, 985 A.2d 249 (Pa. Super. Ct. 2009) (addressing appellate rights under Pennsylvania Human Relations Act). Arbor Res., LLC v. Nockamixon Twp., 973 A.2d 1036 (Pa. Commw. Ct. 2009) (rejecting challenge of zoning ordinance). Estate of Smith v. Marasco (I), 318 F.3d 497 (3rd Cir. 2003) (highly cited decision reversing summary judgment on federal civil rights claims involving state-created danger doctrine). (b) State by percentage the approximate amount of time you spend in your practice in the following areas: (estimated) Business Domestic 50% Civil Litigation 50% Municipal Criminal Estates Real Estate Other 12. Litigation Experience. With respect to the past five years: (a) How often have you appeared in a court proceeding? During the last five (5) years I have appeared in court regularly and I have appeared in hearings before agencies and boards frequently. (b) What percentage of your appearance in court was in: (estimated for the past 5 years) 15% Federal courts 45% State courts of record 40% Administrative hearings. (c) What percentage of your litigation was: (during the past 5 years) 100% civil criminal. (d) What percentage of the cases in 12(a) above were: (estimated) jury arbitrations 60% non-jury 40% administrative hearings. (5) If part of your practice has been before appellate courts in the past five years, identify the appellate courts before which you have practiced. -12-

13 Pennsylvania Supreme Court Pennsylvania Commonwealth Court United States Court of Appeals for the Third Circuit United States Court of Appeals for the D.C. Circuit 13. Judicial or Public Office Experience. (a) Have you ever held judicial office? If yes, give dates and details, including the courts involved, whether elected or appointed, periods of service and a description of the jurisdiction of each of such courts with any limitations upon its jurisdiction. No. (b) Have you ever held public office other than judicial office? If yes, give details, including the office involved, whether elected or appointed, and the length of your service, giving dates. Yes. Appointed positions: Nockamixon Township Solicitor (2008 present). Morrisville Borough Zoning Hearing Board Solicitor (2010 present). Yardley Borough Solicitor (2011 present). Doylestown Borough Solicitor (2014 present). Solebury Township Solicitor (2016 present). Warrington Township Building Code Appeals Board Solicitor (2018 present). Bucks County Recorder of Deeds Solicitor (2018 present). Since 2008, I also have been appointed Special Counsel to a variety of municipalities, including: City of Pittsburgh, Allegheny County (Special Litigation Counsel) Falls Twp., Bucks County (Labor Counsel) Middletown Twp., Bucks County (Labor Counsel) Bristol Borough, Bucks County (Right to Know Appeal Counsel) East Penn Twp., Carbon County (Environmental Counsel) Schuylkill Twp., Chester County (Appellate Counsel) Jessup Borough, Lackawanna County (Environmental Counsel) Eldred Twp., Monroe County (Zoning & Environmental Counsel) Jenkintown Borough, Montgomery County (Labor Counsel) Upper Mt. Bethel Twp., Northampton County (Zoning Counsel) -13-

14 West Penn Twp., Schuylkill County (Environmental Counsel) I was also appointed as an attorney to the Upper Delaware Council, Inc. a formal partnership of local, state, and federal governments and agencies joined together to manage the Upper Delaware Scenic and Recreational River. In some instances, Solicitor and Special Counsel appointments have been made in the name of the firm, Curtin & Heefner LLP, rather than in my name. 14. Other Relevant Information: Please provide any other information such as military experience, membership in professional organizations or community involvement which you would like the committee to consider. Bucks County Bar Association Board of Directors, December 2016 present. Founder & Chair, Appellate Practice Section, 2013 present. Keystone Research Center (Board Member, ). Fair Shake Environmental Legal Services (Board Member, ). Cornell Club of Greater Philadelphia (Board Member, ). Cornell Alumni Admissions Ambassador Network (Member, 2010 Present). Doylestown Athletic Association (Girls Field Hockey Coach, 2008, 2010). Doylestown Township Agricultural Security Advisory Council (2009 present). NAACP Bucks County Branch (Member, Legal Redress Committee, ). IV. CHARACTER INVESTIGATION 15. Criminal Convictions. Have you ever been convicted of a misdemeanor or felony offense in the commonwealth of PA or any other jurisdiction? If yes, state the details. No. 16. Authorizations. I agree to authorize, as indicated below, the Bucks County Bar Association Merit Selection of Judges Committee to solicit disciplinary and/or conviction information about me from the entities stated below and agree to execute the authorizations attached hereto authorizing the entities, as indicated below, to release all information to said Committee. -14-

15 Entities Granted Denied * (1) Disciplinary Board of the Supreme Court of X Pennsylvania and any other jurisdiction stated in Paragraph 14 (2) Federal or State governmental agencies X CERTIFICATION STATEMENT The undersigned certifies that all statements made in this questionnaire are true, complete and correct to the best of his/her knowledge and belief and are made in good faith and done so with the understanding they will be made public. Date January 31, 2019 Candidate Jordan B. Yeager -15-