Justin Danilewitz of Saul Ewing Arnstein & Lehr.

Justin Danilewitz, Saul Ewing Arnstein & Lehr

In 2018, Danilewitz joined co-counsel Christopher R. Hall, chair of the firm's white collar and government litigation practice, in representing two of Hall's clients who were identified in the Pennsylvania Attorney General's grand jury investigation into the Catholic Church, in a wide-ranging sexual abuse investigation that drew international attention. The grand jury was prepared to issue a report on their findings and include the names of individual priests, but our team argued that the priests had no opportunity to present a defense in the proceedings, and that naming them in the one-sided report would cause irreparable harm to their reputations.

The legal question hinged on what rights do priests—and all citizens—enjoy when a grand jury report falsely defames them?

The dispute made it to the Pennsylvania Supreme Court, where Danilewitz successfully led the briefing and oral argument—securing two landmark precedential opinions that changed and reformed how grand juries work in the commonwealth, and protecting the constitutional right of an accused to be free from unfair harm to reputation. In this remarkable and historic win, the Supreme Court declared that the Pennsylvania constitution requires investigating grand juries to afford subjects due process—rights never before recognized—and quoted twice from phrases in our brief. Remarking on this incredible victory, Hall noted, “But for Justin's herculean efforts in this case, we would not have gotten the win. Justin collaborated with approximately 20 leading criminal defense attorneys to draft the winning briefs in In re Fortieth Statewide Investigating Grand Jury. The Pennsylvania Supreme Court quoted the brief in its July 27, 2018, opinion—making clear the attorney general must proceed fairly during grand jury proceedings and when issuing grand jury reports, and must protect the Pennsylvania constitutional right to reputation.”

In their final decision on remedy, the Pennsylvania Supreme court ruled on Dec. 3, 2018—in a 6-1 decision—that lack of adequate due process protections necessitated permanently redacting the names of nearly a dozen members of the clergy, rejecting the position of the attorney general.

How did you develop your practice?

This is very much in the present tense and a work in progress. It's no secret that clients and referral sources value professional competence and courtesy; that's what I strive to deliver in every interaction.

You collaborated with about 20 criminal defense lawyers in preparing the Supreme Court briefs in this case, but ultimately you led the briefing and handled the oral argument. How did you manage that collaborative effort and how  did the input from your collaborators help you deliver the final product?

My partner Chris Hall and I benefited greatly, in our briefing and argument, from the input of a wonderful and talented group of friends and colleagues, all experienced criminal defense counsel from across the breadth of this commonwealth. It was a truly gratifying collaboration among people who all cared passionately about their clients and wanted to see that justice was served. The successful outcome would not have been possible without so many contributions from so many great lawyers. Chris and I were blessed to be part of this effort, and the end result was very much due to the input of a wonderful team.

What is the best advice you ever received?

From my late grandfather, Jack Bernard Sussman zt”l, drawing from Rabbi Hillel, in Ethics of the Fathers: “If not now, when? Do it now!”

From my dad: “It's not how you start, it's how you finish.”

From my mom, quoting my late grandmother, Naomi Sussman, zt”l: “Make today a monument.”

Of the many life lessons my mom and dad have imparted to me and my family, the most life altering has been to abandon a “fixed mindset” in preference for what psychologist Carol Dwek calls a “growth mindset”—the idea that success is the product of effort rather than innate talent. Embracing a growth mindset has changed my outlook on challenges and adversity; it is a life imperative for litigators and everyone.