By Ralph Serpe and Bryan Tate

For more than half a century, Pennsylvania law quietly imposed a harsh outcome on a small but important group of people. When a Pennsylvanian died without a will and without surviving family, their entire estate was claimed by the Commonwealth and absorbed into the state budget.

That changes on January 23, 2026.

Thanks to Act 50 of 2025, Pennsylvania has ended what many have described as a “100% tax” on dying without family or a will. Instead of assets going to Harrisburg, those estates will now remain in the communities where those individuals lived—supporting local charities and public good forever.

This historic reform is the result of collaboration between the Registers of Wills & Clerks of Orphans’ Court Association of Pennsylvania and the Pennsylvania Community Foundation Association, with bipartisan support from the General Assembly and Governor Josh Shapiro’s signature.

Although uncommon, some Pennsylvanians do die without family or a valid will. They may have worked their entire lives, paid taxes, volunteered, and contributed quietly to their neighborhoods. Until now, when they passed away, the fruits of that lifetime disappeared into the Commonwealth’s general fund, disconnected from the place they once called home.

Act 50 updates Pennsylvania’s Intestate Succession law to provide a better, more humane outcome. When no heirs can be found, the estate will now be placed into an endowed community fund at the community foundation serving the decedent’s county of residence. These funds are designed to exist in perpetuity, providing grants and support to local nonprofits year after year.

This change ensures that a person’s legacy is not lost. By endowing an estate at a community foundation, the decedent is remembered, their wishes are honored, and their life savings continue to address real community needs—while also reducing reliance on state funding.

Pennsylvania is now the only state in the nation to guarantee that intestate estates with no surviving family are kept local, charitable, and permanent.

That statewide impact is made possible by the reach of Pennsylvania’s community foundations. The Pennsylvania Community Foundation Association has certified that every county is served by a community foundation with an endowed community fund—ensuring that no matter where someone lived, their final gift stays close to home.

The legislative roots of this reform trace back to Torren Ecker, former state representative and now Judge of the Court of Common Pleas, who sponsored the original bill to modernize intestate succession. As Judge Ecker noted, until now, these assets simply vanished into the state budget. Under Act 50, they will instead support the nonprofits and services that strengthen local communities.

Importantly, this law does not replace the need for estate planning. Writing a will remains the best way to ensure personal wishes are carried out, including leaving a legacy of support to the causes one cares most about. But when life doesn’t follow a plan, Act 50 ensures that dignity, fairness, and community values guide the outcome.

This reform reflects what Pennsylvanians expect from their government: practical solutions, bipartisan cooperation, and respect for local communities. For those who leave no family behind, Pennsylvania has chosen not to take—but to give back.

And that legacy will endure, county by county, for generations to come.

About the Authors:

Bryan Tate is York County Register of Wills & Clerk of Orphans’ Court and President of the Registers of Wills & Clerks of Orphans’ Court Association of Pennsylvania (RWOCAP). RWOCAP was formed in 1927 to promote greater efficiency in the administration of Pennsylvania’s county offices. RWOCAP works together on legislation to benefit the welfare of officials and the citizens of Pennsylvania’s Commonwealth. www.rwocap.org

Ralph Serpe is President & CEO of Adams County Community Foundation and led the PA Intestate Legislation Action Team for the Pennsylvania Community Foundation Association (PACFA). PACFA was formed to help PA community foundation members connect with each other, learn from each other and, when possible, act together. www.pacfapartners.org

[York, PA – October 29, 2025]

The York County Bar Association (YCBA) has tallied the results of the Judicial Evaluation Survey and Retention Poll of 489 members with respect to the retention the three judges on the York County Court of Common Pleas who are seeking retention on the ballot for the November 4, 2025 election: Judge Joseph C. Adams, Judge Michael W. Flannelly, and Judge N. Christopher Menges. “The YCBA conducted this survey and poll as a public service to provide important information to those who are served by the judicial system. It is often difficult for litigants and the public to evaluate the performance of those in judicial office,” said The Honorable John Uhler, ret., YCBA Judicial Liaison. “The Bar Association takes no position on the retention of any individual judge.” The survey sought the opinion of each member of the Bar as to the candidate with whom the member may have had experience regarding impartiality, legal ability, diligence and judicial temperament. The members of the Bar were asked if they had Extensive, Moderate, Limited or No Contact and to rate the performance of the judge with respect to each attribute based on the following point scale: 5 - excellent; 4 - good; 3 - acceptable; 2 - poor; and 1 - very poor (total 20 points). The surveys were followed by a poll asking members whether he/she supported retention, opposed retention or had had no opinion, as to the candidate. 177 members responded. “We were very pleased with the high level of response from our membership, since many of our members do not practice in front of the Court of Common Pleas,” stated Uhler. While the individual survey responses are completely confidential, the overall results are shown on the attached pages. The results of each attribute represent the total points awarded, divided by the total number of responses. The overall score is an average score based upon the points awarded for all attributes.

Please click on the PDF to view the results.

President Judge Maria Musti Cook has issued an administrative order adopting Local Rule of Orphans’ Court Procedure 5.50.1, which addresses small estate petitions. This rule takes effect August 25.

Along with the order, a fillable version of the prescribed form is now available. Both documents can be accessed below and will also be posted on the County/Court website under Court Forms.

[Download Administrative Order]
[Download Fillable Small Estate Petition Form]

MEMORANDUM CONCERNING ARD ELIGIBILITY IN DUI CASES 

Subsequent to the Pennsylvania Supreme Court's (SCOPA's) decision in Commonwealth v. Shifflett, 335 A.3d 1158 (Pa. 2025), I temporarily suspended making DUI cases eligible for ARD. I did this so that our office could perform a comprehensive review of the ARD program and determine how best to proceed going forward in light of Shifflett. Based upon the results of this analysis, our office shall resume processing DUI cases for ARD consideration under our prior guidelines with some eligibility modifications. 
On December 28, 2021, our office, under previous District Attorney Dave Sunday, established_ the ARD eligibility requirements for DUI cases. In that memorandum, we noted the great danger that DUI recidivists pose to the safety of our society. Our office was able to admit a broad array of DUI cases onto ARD due to these offenses counting as a prior DUI offense for sentencing purposes. As we specifically stated: 75 Pa.C.S. § 3806(a) provided a balancing of those interests for our office. We included all 1st offense DUI offenders under the large umbrella of eligibility to give them the opportunity of diversion. Should we be unsuccessful and the individual commits a subsequent DUI offense, we knew that we were protecting the public and promoting public safety by considering the new DUI crime as a 2nd offense for sentencing purposes. 

Memorandum p.3, 12/28/21. 
SCOPA ended this rationale with its decision in Shifflett. In Shifflett, SCOPA held that the provision of Section 3806(a) making acceptance of ARD a prior offense for DUI sentencing purposes was unconstitutional. Removal of this provision eliminates the public safety basis for allowing broader eligibility for DUI offenses, as outlined in the December 2021 memorandum. 

This new circumstance required us to review what our ARD eligibility requirements for DUI offenses should be going forward. The starting point for this analysis was a comprehensive review of recidivism rates for individuals with DUI offenses accepted onto ARD. We chose three years to specifically review: 2017, 2019, and 2023. This sampling allowed us to generally analyze both short-term and long­term effectiveness of our ARD program. We further focused our review on Tier 3 DUI offenses, which include 0.16 and greater BAC levels, DUI-drug charges, and search warrant refusal cases. Tier 3 offenses are our most common cases and have potentially the most problematic DUI offenders. 
The results of this extensive data review establish that the York County ARD program is an overwhelming success concerning DUI offenses. Success is defined as lack of DUI recidivism, in that the offender did not commit a subsequent DUI after ARD placement: 
In 2017, 696 individuals completed ARD for DUI offenses, with 484 being Tier 3 offenders. Of the 696, 619 did not reoffend (88.94% success rate). Of the 484 Tier 3 offenders, 421 did not reoffend (86.98% success rate). 
In 2019, 541 individuals completed ARD for DUI offenses, with 389 being Tier 3 offenders. Of the 541, 499 did not reoffend (92.24% success rate). Of the 389 Tier 3 offenders, 356 did not reoffend (91.52% success rate). 
In 2023, 606 individuals completed ARD for DUI offenses, with 418 being Tier 3 offenders. Of the 606, 591 did not reoffend (97.52% success rate). Of the 418 Tier 3 offenders, 407 did not reoffend (97.37% success rate). 
These results prove that our ARD eligibility criteria, screening process, and program requirements are successful at identifying and working with low risk/low need offenders. Most importantly, our ARD program is making our York community safer by preventing the serious danger posed by repeat DUI offenders. 
Based upon these extremely positive success rates, I am reinstituting our current ARD program and eligibility requirements, effective immediately. To best guarantee public safety and that ARD is truly serving low risk/low need offenders, I am adopting some eligibility modifications at this time. 
First, we shall require drug and alcohol evaluation results with the ARD application for Tier 3 DUI offenses. This allows for greater and more timely consideration of the drug and alcohol evaluation during the eligibility process, which in turn will allow appropriate consideration of whether the rehabilitation needs of the ARD applicant can be best met through the ARD program. 

Second, certain DUI-drug cases shall be ineligible for ARD. These include, but are not limited to, the presence in toxicology of or proof of impairment from opioids, methamphetamine, xylazine, PCP, ketamine, methylene, butylone, and MDMA. This also includes derivatives and metabolites of such substances. Additionally, all DUis due to huffing are not eligible for ARD. 
Individuals committing DUI offenses involving substances such as these may have a higher risk of DUI recidivism, presenting a greater public safety risk, and/or higher need of more intensive treatment than is appropriate for the ARD program. Without Section 3806(a) being constitutional or the present ability to use a validated DUI-drug risk/needs assessment tool, the interests of public safety demand that these specific DUI-drug offenses be excluded from ARD eligibility. 
Third, CDL or CPL drivers are no longer eligible for ARD, as ARD in Pennsylvania does not comply at this time with federal regulations. This is a consequence of Section 3806(a) being unconstitutional. 
Federal regulations prohibit masking convictions for offenses that impact the qualifications of an individual to hold a CDL or CPL. 49 C.F.R. § 384.226 expressly states: The state must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State. 

With Section 3806(a) being deemed unconstitutional, ARD is now a diversion program without a conviction equivalence for DUI purposes. This becomes a non­adjudication process, an outcome that violates the federal prohibition against masking. 
The consequences of masking can be severe. 49 C.F.R. § 384.401-384.405 outlines consequences of a state failing to comply with federal CDL regulations, including masking requirements, and may lead to decertification of the state CDL program or withholding of federal-aid highway funds from the state. 
I will not authorize our office to engage in practices that violate federal regulations and may lead to significant penalties for Pennsylvania. Accordingly, CDL and CPL drivers are ineligible for ARD concerning DUI offenses, regardless of whether they were operating a commercial motor vehicle while committing the DUI violation. In addition, anyone charged with 75 Pa.C.S. § 3802(f) violations related to operation of commercial or school vehicles while DUI is ineligible for ARD. I will be constrained to deem CDL and CPL drivers ineligible for ARD unless and until the Legislature amends Pennsylvania's ARD statutory scheme to constitutionally allow ARD to count as a prior conviction for DUI purposes. 
These additions to our current ARD eligibility and program requirements for DUI offenders enable us to continue to operate our highly successful ARD program. Additionally, imposition of these requirements continues to demonstrate our strong commitment to public safety by fighting the scourge of impaired driving in York County. I thank you for your time, attention, and cooperation in this matter. 

Recently, there have been an increased number of attacks against the legal work of judges, lawyers, and law firms, including threats, intimidation, and calls for impeachment from office.  No judge or attorney should be attacked personally or professionally for the lawful work that they do.  The YCBA denounces any such threats, efforts, and attempts to weaken our legal system and reaffirms our commitment to an independent judiciary. 

The YCBA urges the respect of judges, the decisions of our courts, and the established practices that are in place to uphold the independence of our judicial branch.  The calls to impeach judges for unpopular decisions threaten the integrity of our courts and their ability to administer justice with fairness and impartiality. The public must be able to trust the principles of our legal system, which require both an understanding of and a mutual respect for the principles of our legal system.

We agree with Chief Justice Roberts that the calls to weaken our judicial branch of government are not new but are increasing.  As attorneys, we have a unique and important opportunity to educate the public about the role and responsibility that lawyers, judges, and litigants play in our legal system. 

Consistent with the values outlined in our YCBA mission statement, we will continue efforts of community outreach and providing educational programming that advance the conversation about the fundamental principles that form our system of justice, such as judicial independence. 

YCBA President Jennifer A Galloway, Esq. and YCBA President-Elect Justin A. Tomevi, Esq.

The NABE Luminary Awards program is sponsored by the Communications Section and recognizes excellence in communications and marketing by honoring the outstanding projects created in the last fiscal year by Bar Associations and Bar Foundations across the country.

The York County Bar was among fourteen top tier organizations recognized in five categories (Authored Articles, Graphic Design, Public Relations, Regular Publications, and Special Projects).

The 14th York County Wills for Heroes event took place on September 7, 2024, at the Penn State York Lee R. Glatfelter Library, providing 50 veterans, emergency responders, and their significant others with wills, living wills, and health care and financial powers of attorney. Notarized legal documents were provided free of charge.

In 2010, the York County Bar Association’s Young Lawyers Section launched the Wills for Heroes program in partnership with the Wills for Heroes Foundation, the PA Bar Association, and Leave A Legacy® York County. To date, 685 veterans, police officers, fire fighters, other emergency services personnel and their significant others have received this important legal service.

One client said about the program, “We had a great experience. Thank you so much for offering this program to the community.”

There were 35 individuals who contributed their time as attorneys, witnesses, notaries and for computer input.  Thanks to our Wills for Heroes attorney volunteers and Presenting Sponsor, Stock and Leader, Attorneys at Law.

Attorney Kristen McGuire, coordinator for the York program, shared her thoughts on the significance of the event: "This year, we were able to send 50 individuals home with a Will, Power of Attorney and Health Care Power of Attorney/Living Will, free of charge.  It truly takes a village to bring this event together. As the Coordinator, I feel so grateful for the support of the York community, including Penn State York and the local and state bar associations, as well as the 35 volunteers who gave up their Saturday, which allowed us to run eight client rooms, three notary stations and an expert station of estate planners throughout the day.”

 “What to a slave is the Fourth of July?” – Frederick Douglass

Juneteenth stands as our country’s second Independence Day. Stated by YCBA Attorney and JEDI Committee Member Sandra Thompson, “As a legal holiday, it is the ability for all to equally enjoy the day and to celebrate freedoms promised, freedoms won, and freedoms realized; to educate and to be educated about the food, dance, culture, accomplishments, and history of African Americans who were formerly enslaved; and to remember that with unity and determination, we have the resolve to persevere and prosper as a united country.”

Juneteenth, a combination of "June" and "nineteenth," commemorates a pivotal moment in American history—the day when the Union’s Major General Gordon Granger and his soldiers arrived in Galveston, Texas, to announce the end of slavery. On June 19, 1865, Granger read General Order No. 3, which declared that the war was over, the Union had won, and all enslaved people were free. This momentous announcement came more than two years after President Abraham Lincoln's Emancipation Proclamation and two months following the end of the Civil War. The liberation of over 250,000 enslaved people in Texas symbolized not only the end of their slavery but also the beginning of a broader struggle for true freedom and equality.

Pennsylvania first recognized Juneteenth as "National Freedom Day" in 2019, and in 2021, the U.S. Congress designated Juneteenth as a federal holiday. Beyond its historical commemoration, Juneteenth serves as a catalyst for action, urging us to dismantle systemic racism, promote equal opportunities, and cultivate inclusive communities where everyone can thrive regardless of race, ethnicity, or background. We encourage our members and the community to use this day not only as a a day for celebration, but as a moment to foster understanding, cultivate empathy, and confront all forms of injustice.

A Call For Action

As an African American attorney and civil rights advocate, Sandra Thompson's dedication to justice extends beyond the courtroom. Motivated by her own court scheduling conflicts during Juneteenth observances, Attorney Thompson presented the issue to the YCBA. Sandra provided additional insights into her advocacy efforts for Juneteenth within the YCBA and PBA.


From Local to Statewide Change

I began advocating for change surrounding the Juneteenth Day of Observation because, as an African American attorney and civil rights advocate frequently invited to speak at events celebrating Juneteenth, I was limited as I was scheduled for court on the day of observance for Juneteenth 2023. 

I started researching what legislature was passed and how each County was handling it. I brought it to the attention of the York County Bar's Justice, Equity, Diversity, and Inclusion (JEDI) Committee. Together, the Bar worked to prepare and adopt a resolution last year recognizing Juneteenth as an official holiday.  

Then, I raised the issue and brought the York County Bar's Juneteenth Resolution to the attention of the PBA Civil and Equal Rights Committee (CERC). CERC then created a Juneteenth subcommittee whereas, I and Jada Greenhowe, Esq, CERC's co-chairs, with James Smith, Esq., and Althea Bennett, Esq., CERC's vice chairs, finalized a Juneteenth Report & Recommendation that was approved by CERC. On behalf of CERC, Attorney Greenhowe and myself successfully presented CERC's Juneteenth Report and Recommendation to the PBA House of Delegates and the Board of Governors for adoption on May 10, 2024.

York County Bar Juneteenth Resolution

Juneteenth is a Federal and State holiday and adopted by Pennsylvania Supreme Court (PASC Juneteenth Order), but has not yet been adopted in York County. As recommended by the JEDI Committee, the YCBA and YCBF boards adopted a Resolution in 2023 acknowledging the meaning of and advocating for the recognition of Juneteenth as a holiday in York County.

Over the past year, members of the JEDI committee have engaged with York County Officials to advocate for the recognition of Juneteenth as a holiday, including office closures, while also emphasizing its historical significance in York County and fostering community education about its profound impact on American history. The Bar is dedicated to continuing this important work in our community.

Click to view York Bar's Juneteenth Resolution

June is Pride Month, and at the York County Bar, we are dedicated to fostering justice, equity, diversity, and inclusion for all people to drive sustainable, positive change within our organization, the legal system, and the community.

In 2023, the York County Bar Foundation proudly awarded the Rainbow Rose Center $5,000 in seed funding to establish a new fund assisting LGBTQIA+ community members with the name change process. The Rainbow Rose Center, based in York, is committed to fostering an environment of inclusion, equity, and health where all LGBTQIA+ community members can thrive. Their comprehensive resources include safe housing support, support groups, tobacco cessation programs, and community health initiatives, among others.

A crucial aspect of well-being for some gender-diverse individuals is the ability to legally change their name and/or gender marker. These changes are essential for personal identity, and without appropriate identity documents, individuals may face barriers to employment, education, and accessing public benefits, as well as face discrimination. Since opening their office in May 2023, the Rainbow Rose Center has assisted 55 individuals with the name change process. Tesla Taliaferro, co-founder and President of the Rainbow Rose Center, highlights the significance of this resource and the impact the Bar Foundation's support is making.

What significance does the name change process hold for members of the LGBTQIA+ community?

Changing one's legal name is not only an affirmation of who that person is, but it also protects them from being constantly outed. When you have a document that doesn't have your true name, especially if that name is gendered, then it can out you as a member of the gender-diverse or transgender community which can lead to conflicts or dangerous situations.

How have you utilized the $5,000 grant awarded by the Bar Foundation?

Before we received the grant from the Bar Foundation, we assisted community members with the name change process individually. The grant has allowed us to expand our efforts by organizing name change workshops. Last year, we hosted two workshops and plan to host them quarterly starting in July. Our goal is to offer workshops monthly due to the consistent demand.

When we originally applied for the grant, we were seeking funding to provide scholarships for community members who may not be able to afford the name change fees, which can be nearly $600. A tremendously expensive fee especially when you consider someone who's changing their name for marriage pays $20. Around the same time, the Eastern PA Transgender Equity Project , expanded its name change scholarship coverage to include 19 counties, including York, Lancaster, Cumberland, and Adams.

We have coordinated with the Eastern PA Transgender Equity Project to cover name change costs for York County individuals who do not qualify under their guidelines. The Rainbow Rose Center also assists with printing court paperwork, preparing individuals for the process, and finding volunteers to accompany them to court.

What are the advantages of having a volunteer accompany an individual in court?

It’s about support. We've had some people who have either run afoul of the law before or have trust issues with law enforcement. We're there to help them through that process, or if they need help during the court date, we're there to talk them through on what to expect, try to calm their nerves, and hold their hand if that's what's needed.

How can legal professionals better support and advocate for the diverse needs of this community?

It's important to be curious, nonjudgmental, open and to genuinely listen to what people are telling you. Be ready to stand up for justice. I recently heard someone say, “Fighting for civil rights is more fighting for the ability to be included in basic human rights, rather than excluded.” Our community is extremely excluded right now, especially our trans and gender-diverse community, and especially in the schools. It’s crucial to ensure healthy legal representation on school boards to protect our children. We’re seeing too many children committing suicide; it feels like we are moving backwards way too fast. 

It is a requirement in Commonwealth and the York County Court of Common Pleas to publish a name change. However, if the Court finds that the publication of the notice would jeopardize the safety of the person seeking the name change, the Court can issue an order waiving the publication of the notice. In addition to safety concerns, the publication forces individuals to be out forever, the same way that having wrong documentation forces them to be out all the time. Increased advocacy for this right to be applied uniformly can help ensure that these individuals receive the protection and privacy they deserve.

How can legal professionals get involved?

Currently, we have about a half dozen volunteers, but we welcome additional support from attorneys with name change experience. While you don’t need an attorney to file for a name change, some prefer extra assistance with the application or a review by an attorney. We are also seeking individuals to serve on our working board, bringing diverse perspectives and expertise. Interested individuals can contact Tesla, ttaliaferro@rainbowrosecenter.org.

Want to get more involved? Check out these upcoming Pride events.

Pride Month Paint Night – Thursday, June 13
York’s Gayest Happy Hour PRIDE Month Celebration – Thursday, June 13
Pride Month Group Art Show – Friday, June 21
York County Pride – Saturday, June 22, 2024
York Revolution Pride at the Ballpark – Thursday June 27

Pictured Above: The Honorable Michael W. Flannelly, The Honorable Mark A. Kearney, Clasina (Caty) B. Houtman, Esq., and the Honorable Kathleen J. Prendergast

The Herbert B. Cohen Chapter of the American Inn of Court Annual Dinner on June 6, 2024, proved to be an exceptional evening of celebration and recognition within the York legal community. Held at the York County History Center, the event marked the last meeting of the 2023-2024 year and honored two highly regarded individuals who embody the utmost standards of legal excellence and civility. The American Inns of Court is an association of lawyers, judges, and other legal professionals from all levels and backgrounds who share a passion for professional excellence, providing a platform for members to build and strengthen professional relationships and advance the highest levels of integrity, ethics, and civility.

The highlight of the evening was the address by the Honorable Mark A. Kearney. Judge Kearney, appointed by President Barack Obama in 2014 as the 100^th judge in the history of the United States District Court for the Eastern District of Pennsylvania, delivered an inspiring speech reflecting on his judicial career and the importance on standing up for what is right. He emphasized, "Your currency is your reputation," highlighting the lasting impact of one’s integrity and professionalism.

Judge Kearney was also the recipient of the prestigious Robert I. Shadle Legal Excellence and Professionalism Award. Named after the late Judge Robert I. Shadle, who served on the York County Bench for seventeen years before his death, this award recognizes individuals who, like Judge Shadle, exemplify unwavering dedication to the rule of law and judicial temperament.

In addition, Clasina (Caty) B. Houtman, Esq., was honored with the Richard E. Kohler Civility and Ethics Award. This award pays tribute to Judge Richard E. Kohler's legacy of promoting civility and ethical conduct within the legal community. Caty has served for 25 years as a public defender and her commitment to these values serves as an inspiring example for her peers and colleagues.

Attorney Houtman, a graduate of Dickinson School of Law, serving in the Public Defender's office since 1999, has demonstrated exceptional leadership and advocacy. Colleague Brian McNeil, Esq. shared the following about Caty, “Having worked for Caty for several years now, I can say that she epitomizes zealous but ethical and respectful advocacy. She’s never going to back down from a fight to get the best possible result for her client, but she effectively balances spirited advocacy with a strong appreciation for her ethical duties and treating others with respect and civility.”

The Herbert B. Cohen Inn of Court extends its heartfelt congratulations to Judge Kearney and Attorney Houtman on their well-deserved honors. Their contributions continue to enrich and inspire the legal profession in York County and beyond.

About the Robert I. Shadle Legal Excellence and Professionalism Award

Judge Robert I. Shadle, served on the York County Bench for seventeen years before his death. During his term as judge, he served as President Judge and became a candidate for the Superior Court of the Commonwealth of Pennsylvania. He sat on the Pennsylvania Supreme Court’s Criminal Rules committee as a both a valued member and vice president for many years. While small in stature he ranks as one of the giants of the York County Judiciary and the York County legal profession. Judge Shadle was a true scholar of the law. His extraordinary work ethic coupled with his knowledge assured that in each case tried before him the rule of law was paramount. Despite encountering extraordinary enormous community pressure on a number of matters that came before him he remained even tempered and impartial. All of Judge Shadle’s rulings applied the law and were fundamentally fair in application. He set the standard for Judicial temperament.  Judge Shadle combined all the professional aspirations of the Inn’s dedicated mission. Accordingly, the Inn’s Excellence award was named after Judge Robert I Shadle. 

About the Richard E. Kohler Civility and Ethics Award

The late Judge Richard E. Kohler was the Orphan’s Court Judge in the exclusive charge of the Orphan’s Court Division of the Court of Common Pleas of York County. Judge Kohler was a former member of the York City School Board had a strong sense of the York community.  His mantra was civility as evidenced by his consistent display of collegiality in the “lawyers reading room” and willingness to address inquiries from all lawyers regarding the law and the mechanics of resolving thorny Orphans’ Court issues. As a Judge, he was able to set aside personal biases, and consider all sides of the question, and then when resolving the decision, explain it in a fashion that made sense even to those who may disagree. While some may have considered his voluntary advice as ex parte contacts made with him, and through him relative to advancing particular cases that appeared before him in the Orphans’ Court, the overall design of his intervention was to advance the Judicial System in a civil fashion rather than to adversely impact upon it. He always observed the bounds imposed on Judicial discretion by precedent, Statute, or Constitutional text, and then through his wiles, came down with the right decision. He was the epitome of Civility.

Destiny currently serves as a law clerk for Judge Flannelly, having previously interned at the York County Bar in Spring 2023 while still in law school. She was also honored as the recipient of the 2021 Richard P. Noll Scholarship provided by the Bar Foundation. We are incredibly proud of Destiny and are thrilled to welcome her as an attorney in York County.

Judge Flannelly offered the following remarks during the ceremony:

Welcome to the York County Judicial Center and to the swearing-in ceremony of Destiny Duncan. Today marks a very special day in the life of an attorney. Just like a wedding vow transforms two people into a married couple, the taking of an oath transforms a law school graduate into an attorney.

The journey to get to this point is a long one. The itch to become an attorney usually starts in high school. In my generation, the itch started when your English teacher assigned “To Kill a Mockingbird.” I am not sure what inspires the current generation – maybe “Law & Order.” The student realizes that he or she needs to get good enough grades to get into law school. In addition to getting good grades, you also need a good score on the LSATs. By this time, many of those who started on the journey have fallen by the wayside. For those remaining, you need to survive the first year. At the start of my law school, the dean gave a cheery speech in which he told us to look to the person to the left and the person to the right, he then said that the odds were that one of those persons would be gone after the first year. He was not wrong about that.

Assuming you make it to graduation, you then move onto the bar exam. The overall passing rate for the February 2024 Bar Exam in PA was 48%. Nowadays, you find out if you passed the bar by logging onto a website on 4 p.m. on a designated Friday afternoon. Imagine for a second the sheer agony of sitting in front of your computer at that very moment. If you have jumped through all of those hoops, then and only then do you have the privilege of sitting in the seat where Destiny sits right now.

I have had the pleasure of having Destiny as my law clerk since August of 2023. She is a skilled researcher and writer whose work product is always terrific. Destiny has an excellent work ethic. As a former law clerk myself, I can honestly say that an important part of the job is putting up with your judge’s idiosyncrasies. Destiny does this with good humor and courtesy.

Before I get to administering the oath, I would be remiss if I first didn’t discuss Destiny’s journey to get to this point. I just saw a look of concern pass over Destiny’s face and rightly so – I have done my homework.

Destiny’s early academic career was with Logos Academy. Destiny attended Logos Academy from kindergarten through high school. Destiny was the salutatorian of the first graduating class. A Logos teacher described Destiny as a hard worker who could grasp complex issues. No matter what the task, Destiny performed with excellence.

Destiny’s academic excellence continued on at York College. Destiny was inducted into both the Pi Sigma Alpha Honor Society and the Alpha Chi National Honor Society. Destiny graduated in the top 10% of her graduating class.

As a result of her outstanding work at York College, Destiny was admitted into Widener School of Law. To add a degree of difficulty to law school, Destiny worked full-time job in Court Administration while attending law school.

It is my practice to take new clerks around to introduce them to court staff. With Destiny, she ended up introducing me to people. Needless to say, Destiny is a well liked and respected employee here at the Judicial Center.

It is too soon to know exactly where Destiny will go with her legal career. All I can say is that she will represent her clients with skill, diligence and compassion. Abraham Lincoln once said “Be sure to put your feet in the right place and then stand firm.” I know that wherever Destiny plants her feet in her legal career she will surely stand firm.

The York County Bar Association (YCBA) and York County Bar Foundation (YCBF), in partnership with MidPenn Legal Services, hosted a free Expungement and Clean Slate Clinic on May 22, 2024. The clinic assisted 32 York County residents, helping them determine their eligibility for expungement and/or permanently sealing their prior criminal records and guiding them on the next steps in the process. The York Bar and MidPenn Legal Services clinic served as a model for other regions, with an attorney from the Adams County MidPenn office shadowing the event in hopes of potentially hosting their own expungement clinic in the future.

In law, "expungement" is the process of erasing or sealing a criminal conviction from state or federal record. An expungement order instructs the court to treat the conviction as if it never happened, effectively removing it from the defendant's criminal record and, ideally, from the public record as well.

Victoria Connor, CEO of the YCBA/YCBF, commented on the importance of such initiatives, “Criminal charges, including those not resulting in convictions, are publicly accessible online in Pennsylvania. This may lead to discrimination based on criminal records that creates substantial obstacles with many adverse implications for people who really deserve a second chance. Our clinic's goal was to educate the community and assist eligible individuals in expunging or permanently sealing their criminal records, opening new opportunities for employment and housing.”

Over 80% of employers and many landlords conduct criminal background checks. A criminal record significantly hinders job prospects and, for prospective renters, can lead to higher rents, larger deposits, or outright denial of housing. Expunging records allows individuals to truthfully state they have never been convicted, improving their chances of employment and housing, and provides individuals with peace of mind by ensuring past convictions no longer affect their future.

For more information about the York County Bar, upcoming legal clinics, and other services, please visit www.yorkbar.com.

Pictured Above: Attorney Carrie Bowmaster and MidPenn Staff Abigail Rivera assist clients at Expungement Clinic.