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PBA Judicial Evaluation Commission Releases 2007 Judicial Ratings

HARRISBURG (Feb. 20, 2007) - The Pennsylvania Bar Association Judicial Evaluation Commission (PBA JEC) has completed several rounds of ratings for potential judicial candidates seeking election to the state's appellate courts in November.

Each candidate requesting an evaluation by the PBA JEC is eligible to receive a rating of "Highly Recommended," "Recommended" or "Not Recommended."

The PBA JEC's ratings completed during the evaluations are as follows:

Supreme Court of Pennsylvania -
Highly Recommended

Judge C. Darnell Jones II, Philadelphia County
Judge Maureen Lally-Green, Butler County
Judge Paul P. Panepinto, Philadelphia County
Judge Debra Todd, Allegheny County

Recommended
Judge Michael L. Krancer, Montgomery County
Judge Seamus P. McCaffery, Philadelphia County

Not Recommended
Judge Willis W. Berry Jr., Philadelphia County
Judge James M. DeLeon, Philadelphia County (for failure to participate in evaluation process)

Superior Court of Pennsylvania -
Highly Recommended

Judge Cheryl L. Allen, Allegheny County
Christine L. Donohue, Allegheny County
Judge Ronald W. Folino, Allegheny County
Judge Anne E. Lazarus, Philadelphia County

Recommended
Judge Bruce E. Bratton, Dauphin County
Judge James Murray Lynn, Philadelphia County
Timothy J. McCormick, Westmoreland County
Claude A. Lord "Cal" Shields, Schuylkill County
Jacqueline O. Shogan, Westmoreland County
Templeton Smith Jr., Allegheny County
Judge John Milton Younge, Philadelphia County

Not Recommended
Judge Richard M. Cappelli, Delaware County

During the upcoming elections, voters will be filling two vacancies on the Supreme Court and two vacancies on the Superior Court, plus voters will be deciding on the retention of eight appellate judges.

"The PBA JEC provides information to help voters choose candidates best suited to serve as fair, impartial and knowledgeable judges," said Pittsburgh lawyer Chris F. Gillotti, chair of the PBA JEC. "By its own definitions, the PBA JEC only recommends potential candidates with the legal ability, experience, integrity and temperament to provide satisfactory or outstanding performance as judges on our appellate benches."

The PBA JEC based its ratings for each candidate on a two-part evaluation process. Investigative panels conducted the first phase of the process, which included personal interviews with the candidates and with individuals who have had professional or personal dealings with them. Upon completion of the investigative process, the panels submitted confidential reports to the Commission.

Upon receipt and review of the investigative panel's report, the Commission conducted the second phase of the evaluation process. The Commission interviewed each candidate in Harrisburg, discussed his or her qualifications and reached consensus on each candidate's rating.

Serving with Gillotti in the leadership of the PBA JEC is Erie County lawyer Steven E. (Tim) Riley Jr. as vice chair. Lawyer members include Michael A. Bloom of Philadelphia County; Frederick N. Egler Jr. of Allegheny County; Stephanie F. Latimore of Dauphin County; Lucille Marsh of Lackawanna County; Heidi B. Masano of Berks County; Pamela J. Mayer of Cambria County; John R. McGinley of Allegheny County; Dianne I. Nichols of Dauphin County; Mark D. Shepard of Allegheny County; Kathryn Lease Simpson of Dauphin County; and John F. Stoviak of Philadelphia County. Non-lawyer members are Esther Bush of Allegheny County; Daniel A. Cirucci of Montgomery County; David W. Hamstead of Allegheny County; Jeraldine D. Kozloff of Berks County; and R. Thomas Williamson of Lawrence County.

RATINGS� DEFINITIONS

Highly Recommended: The candidate possesses the highest combination of legal ability, experience, integrity and temperament, and would be capable of outstanding performance as a judge or justice of the court for which he/she is a candidate.

Recommended: Based on legal ability, experience, integrity and temperament, the candidate would be able to perform satisfactorily as a judge or justice of the court for which he/she is a candidate.

Not Recommended: Based on legal ability, experience, integrity or temperament, or any combination thereof, at the present time, the candidate is inadequate to perform satisfactorily as a judge or justice of the court for which he/she is a candidate.

Supreme Court of Pennsylvania

Hon. Willis W. Berry Jr., Philadelphia County
Rating: Not Recommended

The Candidate has served as a judge on the Court of Common Pleas of Philadelphia County since 1996. He has extensive experience in the Criminal Division. Prior to being elected to the bench, the Candidate practiced law in Philadelphia, focusing on criminal law. The Commission believes that while the Candidate has served well in Common Pleas Court, it cannot recommend him for election to the Supreme Court. This conclusion is based on the Candidate's lack of experience in areas of the law outside of criminal law, lack of administrative experience and lack of demonstrated community service. Further, he has not participated in bar-related functions, teaching, writing or his court's efforts to improve the justice system. For these reasons, the Commission has not recommended the Candidate for the Supreme Court.

Read the Candidate�s questionnaire.

Judge C. Darnell Jones II, Philadelphia County
Rating: Highly Recommended

The Candidate is president judge of the Court of Common Pleas of Philadelphia County and has been a member of this court since 1987. Prior to serving as a judge, he was an attorney at the Defender Association of Philadelphia. His administrative qualities have been demonstrated through his service as chair of the Administrative Governing Board for the First Judicial District and his former service as chief of the family division of the Defender Association. The candidate has excellent writing skills and has authored more than 120 opinions. He has presided over hundreds of jury and bench trials. The Candidate is a nationally-recognized judicial expert in matters of criminal law. He enjoys the respect of his peers and an excellent reputation in the legal and social community. The Candidate is extremely hard working, intellectually curious and is a dedicated, dependable community servant. The Commission believes that the Candidate has the experience, temperament, intellectual ability, character, life experiences and integrity necessary for outstanding service as a Justice of the Supreme Court. He is highly recommended for this position.

Questionnaire withdrawn at the former Candidate's request, February 2015.

Judge Michael L. Krancer, Montgomery County
Rating: Recommended

The Candidate currently serves on the Pennsylvania Environmental Hearing Board (EHB), a statewide trial court for environmental litigation. He was appointed to that board as a judge in October 1999 and confirmed by the Senate and elevated to chief judge in 2003. In 2005, he was reappointed and again confirmed by the Senate. The Candidate was a litigator in Philadelphia from 1983 until his appointment to the EHB. The Candidate possesses an excellent work ethic; he is scholarly, thoughtful, hard working and passionate about the law. His opinions are complete and authoritative and have been well accepted by the appellate courts. He enjoys an excellent reputation and has been actively engaged for many years in public service and community involvement. The Commission believes that the Candidate's experience, demeanor and temperament, coupled with his intellect and work ethic, render him competent to fulfill the demanding responsibilities of a Supreme Court Justice.

Read the Candidate�s questionnaire.

Judge Maureen Lally-Green, Butler County
Rating: Highly Recommended

The Candidate has served as a judge of the Superior Court since 1998, having been appointed in 1998 and elected to a 10-year term beginning in January 2000. The Candidate has a diverse legal background. She has been a professor at Duquesne University School of Law and she has practiced law in the areas of securities, business and corporations. She also has served as a research associate for the Supreme Court. She has written extensively on a wide-ranging set of topics and her writings are scholarly and thoughtful. The Candidate also has written a variety of opinions during her tenure on the Superior Court that are noteworthy for their organization and structure and her clear analysis of the issues and applicable precedent. Her opinions are well-reasoned and provide very helpful guidance on difficult issues. In addition, her judicial temperament and impartiality in decision-making are outstanding. She is known for her fairness, courtesy and respect for counsel who appear before the Superior Court. The Candidate also has an outstanding record of meaningful community service. The Commission believes that the Candidate would be an outstanding addition to the Supreme Court and highly recommends her.

Read the Candidate�s questionnaire.

Judge Seamus P. McCaffery, Philadelphia County
Rating: Recommended

The Candidate has a wide range of experiences in the Pennsylvania legal system. He has served in law enforcement and as a lawyer, municipal judge and now as a judge on the Superior Court. His unique background and work experience affords him a solid understanding and appreciation of the workings of the unified judiciary. This, combined with his service as administrative judge of the Philadelphia Municipal Court, makes him well suited to serve as a member of our highest court. The Candidate has demonstrated a life-long commitment to public service and is currently a Colonel in the United States Air Force (Res.) and Air Force liaison to the Department of Homeland Security. The Candidate offers a high level of energy and a strong work ethic. He is recognized for his strong personality and is an innovative and creative problem solver. He has great respect for the law, its institutions and traditions. He is committed to improving the public's understanding and respect for the legal system and the courts. The Commission believes that the Candidate has the requisite legal ability and skills necessary to serve as a Supreme Court Justice.

Read the Candidate�s questionnaire.

Judge Paul P. Panepinto, Philadelphia County
Rating: Highly Recommended

The Candidate has been a member of the Court of Common Pleas of Philadelphia since 1990. He is knowledgeable and a good communicator and has an excellent reputation as a jurist. He couples that with extensive administrative experience. As administrative judge of the Family Court in Philadelphia for five years, he is credited with developing several innovative programs, including a truancy program that has become a national model. He also has exhibited substantial expertise in handling complex civil litigation. The Candidate exhibits energy, thoughtfulness and innovation in facilitating improvements to the administration of justice. He also demonstrates solid consensus-building skills. His extensive legal knowledge and good judicial temperament, combined with personal and administrative skills make him an outstanding candidate for the position of justice of the Supreme Court. He is highly recommended for this position.

Read the Candidate�s questionnaire.

Judge Debra Todd, Allegheny County
Rating: Highly Recommended

The Candidate has served on the Pennsylvania Superior Court since her election in 1999. On the court, she is known for her passion for the law, her academic approach to decision making and her thoughtful, thorough scholarly opinions. She brings a breadth of experience from an active civil litigation practice, which has been expanded because a majority of her time on the court is devoted to criminal matters. She has continued her involvement in a variety of community service endeavors, especially those dealing with young people. She has a strong commitment to the law and to the improvement of the court system, both of which have helped instill public awareness of and confidence in the judiciary. The Commission believes the Candidate has the intellectual ability, personal integrity, strong sense of fairness, and diverse practical and academic experience to serve with distinction on the highest court. She is highly recommended for this position.

Read the Candidate�s questionnaire.

Superior Court of Pennsylvania

Judge Cheryl L. Allen, Allegheny County
Rating: Highly Recommended

The Candidate compiled 15 years of experience in various aspects of the law before beginning service as a common pleas court judge in 1990. From 1991 to 2004, during her tenure in juvenile court, she developed and implemented innovative programs to improve the functioning of that court and to address the needs of the children and parents involved in that setting. She spearheaded a drive to direct juvenile offenders to a path of productivity through education. She has a well-earned reputation as a productive, principled and dedicated jurist who decides cases with fairness and impartiality. She has earned the admiration of the bench and bar for her ability to manage large caseloads, and she is recognized by the bench and bar to be intelligent, experienced, articulate and fair. A lifelong public servant, she has demonstrated her responsiveness to the needs of the community and the justice system. The Candidate is well prepared to ascend to the Superior Court. She is highly recommended by the Commission.

Read the Candidate�s questionnaire.

Judge Bruce E. Bratton, Dauphin County
Rating: Recommended

The Candidate was appointed to the common pleas bench in 2001 following 25 years of active practice in the areas of real estate, estate planning, family law and general litigation. He was then elected to a 10-year term, commencing January 2002. He has established a reputation as a bright, hard-working and intelligent jurist who is conscientious, fair minded and courteous to those who appear before him. His opinion-writing talents are well recognized, and he has taken the lead in developing new procedures in the Dauphin County court. He has been active in community affairs. His experience as a practicing lawyer and his reputation as jurist confirm that he is to be recommended for a seat on the Superior Court.

Read the Candidate�s questionnaire.

Judge Richard M. Cappelli, Delaware County
Rating: Not Recommended

The Candidate is a magisterial judge for Delaware County district court. He was appointed by Gov. Robert P. Casey in 1992 and he has served diligently and competently. He is well regarded by the judges and lawyers of Delaware County and is dedicated to his community. He co-authored a manual for magisterial judges and has updated it periodically. However, the Candidate presents no sufficient record of judicial opinions, legal briefs or scholarly writings to allow assessment of his ability to discharge the responsibilities of a Superior Court judge. He has had minimal experience before appellate courts and has not demonstrated a sense of the internal procedures and administrative issues that face a Superior Court judge. The Commission is unable to recommend his candidacy for Superior Court.

Read the Candidate�s questionnaire.

Judge James M. DeLeon, Philadelphia County
Rating: Not Recommended

The Commission issued a "Not Recommended" rating to this candidate for failure to participate in the evaluation process.

Christine L. Donohue, Allegheny County
Rating: Highly Recommended

The Candidate has distinguished herself as a practicing attorney with extensive civil trial and appellate court experience. She demonstrates a wealth of knowledge about the Superior Court and has served in a quasi-judicial role on the Disciplinary Board of the Pennsylvania Supreme Court and the Pennsylvania Court of Judicial Discipline. The Candidate has been active in many professional organizations, notably the Pennsylvania Board of Law Examiners from 1990 to 1996, serving as its chair for two years. She also has extensive community involvement and has taught both professional and lay audiences. Her colleagues describe her as intelligent, conscientious and objective and credit her with having outstanding character. Her legal writings are well-reasoned, well-organized and demonstrate the legal ability to serve with distinction on the Superior Court. She is highly recommended by the Commission.

Read the Candidate�s questionnaire.

Judge Ronald W. Folino, Allegheny County
Rating: Highly Recommended

The Candidate has been a member of the Court of Common Pleas of Allegheny County since January 1994. While on the court, he has served in the family division and the civil division and has presided over a broad array of matters. The Candidate is highly regarded for his legal knowledge and intellect by the judges who serve with him on the bench and the lawyers who practice before him. The lawyers in Allegheny County have consistently given the Candidate the highest marks for impartiality, legal ability, diligence and temperament. He has an excellent reputation in the legal community for his calm demeanor, fairness, honesty, integrity and impartiality. He demonstrates a strong devotion to the law. He is hard working and has actively participated as a lecturer in various aspects of the law. His legal opinions are reasoned, thorough and well-written. He demonstrates a strong commitment to community service. He clearly possesses the requisite intellect, scholarship, character and integrity to serve with distinction on the Superior Court and the Commission highly recommends him for this position.

Read the Candidate�s questionnaire.

Judge Anne E. Lazarus, Philadelphia County
Rating: Highly Recommended

The Candidate has served as a common pleas judge in Philadelphia County for 15 years, having first been elected to a 10-year term in November 1991. She was retained for a second 10-year term in 2001. Prior to serving as a judge, the Candidate served as a law clerk in the Court of Common Pleas of Philadelphia County while maintaining a solo private practice until she joined a law firm in 1990. She is intelligent, thoughtful, candid, and scholarly, and she demonstrates superior writing ability, knowledge of the law and exceptional judicial temperament. The Candidate has a record and reputation for excellent character and integrity and has demonstrated sound judgment in her professional life. She has a strong commitment to community and pro bono service and, in addition to her own exemplary service, has used her elected office to encourage lawyers to participate in pro bono programs. The Commission concludes that the Candidate would bring commitment, enthusiasm, perspective, legal knowledge and experience to the Superior Court and would serve the office with distinction.

Read the Candidate�s questionnaire.

Judge James Murray Lynn, Philadelphia County
Rating: Recommended

The Candidate has served as a judge of the Court of Common Pleas of Philadelphia County since January 1992 and was retained in 2001. Prior to his service on the bench, he practiced law in Philadelphia for 28 years, including three years as an assistant district attorney. In his 15 years as a trial judge, he has been responsible for handling a wide variety of civil cases, including mass tort cases as well as family law and criminal matters. He is known for his calm and courteous attitude towards litigants appearing before him and their counsel. The Candidate's writing style is clear and concise and his opinions are generally viewed as appropriate. The Commission concludes the Candidate possesses the legal ability, experience, integrity and temperament to perform satisfactorily as a Superior Court judge and recommends his candidacy for that position.

Read the Candidate�s questionnaire.

Timothy J. McCormick, Westmoreland County
Rating: Recommended

The Candidate has been a legal practitioner since 1979. He has wide experience in criminal and civil matters preparing him to handle the full spectrum of cases that come before the Superior Court. He has a long history of pro bono service and volunteerism in his community. His peers consider him to be compassionate, courteous, patient, professional and committed to justice and fairness. The Commission finds him to have an appropriate judicial temperament. These qualities render him competent to fulfill the demanding responsibilities of a Superior Court judge and, therefore, the Commission recommends him for a position on the court

Read the Candidate�s questionnaire.

Claude A. Lord "CAL" Shields, Schuylkill County
Rating: Recommended

The Candidate serves as the director of the Bureau of Enforcement and Investigation at the Pennsylvania Department of State. While his career has included periods of private practice and administration of public agencies, his most significant professional achievement has been serving as district attorney of Schuylkill County for 16 years. He has considerable and successful experience as prosecutor at both the trial and appellate levels. He also served as president of the Pennsylvania District Attorneys Association. His recent state government experience has allowed him to utilize his strong management and administrative skills in improving the agency's operations. The Candidate has a solid record of service in civic and professional organizations. Despite the lack of current written work, the Commission has concluded that the Candidate possesses the legal ability and work ethic necessary to recommend him for a position on the Superior Court.

Read the Candidate�s questionnaire.

Jacqueline O. Shogan, Westmoreland County
Rating: Recommended

The Candidate has practiced law since 1990. She has extensive experience in the area of health law and currently teaches a legal course on appellate practice. She served as a clerk and staff attorney in the federal district court for the western district of Pennsylvania. Since 2002, her practice has focused on complex civil litigation and appellate work. She demonstrates significant skills in articulating her positions and writes in a clear and well-organized fashion. She is known for her intelligence, diligence, work ethic and pro bono activities. She has a strong record of community involvement and is known for her devotion to public service and personal integrity. She has a keen interest in mediation and alternative dispute resolution. The Commission believes that the candidate possesses the requisite legal and intellectual ability to serve on the Superior Court.

Read the Candidate�s questionnaire.

Templeton Smith Jr., Allegheny County
Rating: Recommended

The Candidate has extensive experience in a wide variety of areas, including zoning, land use, commercial, health care and insurance defense litigation. The Candidate is recognized for his strong writing abilities, scholarly legal analysis and effective advocacy. He has taught continuing legal education courses and has been active in bar associations. In addition, he has provided pro bono support for community organizations and individuals. The Candidate has the requisite legal experience, intellectual ability, character and integrity to render him competent to fulfill the demanding responsibilities of a Superior Court judge and, therefore, the Commission recommends him for a position on the court.

Read the Candidate�s questionnaire.

Judge John Milton Younge, Philadelphia County
Rating: Recommended

The Candidate has served as a judge in the Court of Common Pleas of the First Judicial District in Pennsylvania since 1995, dealing with a heavy workload and a wide variety of cases, both civil and criminal. He has a demonstrated ability in dealing effectively and fairly with lawyers and litigants and has a real commitment to both the process and substance of justice. Prior to serving as a judge, the Candidate served as staff counsel to the Philadelphia Redevelopment Authority and also had a solo practice. He appropriately describes himself as a career public servant. The Candidate has a solid track record of community involvement, as well as past service with the Pennsylvania Conference of State Trial Judges, including service as its president. The Commission believes that the Candidate is competent and hard working, and he possesses the judicial skills and legal ability necessary to serve as a judge on the Superior Court.

Read the Candidate�s questionnaire.

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