HARRISBURG
(Oct. 6, 2003) � To educate voters about the statewide appellate judicial
candidates running for election and the appellate judges who are standing for
retention in the Nov. 4 general election, the Pennsylvania Bar Association
Judicial Evaluation Commission (PBA JEC) today re-issued its ratings and
descriptive paragraphs about the candidates and judges. Judicial candidates were
eligible to receive a rating of �Highly Recommended,� �Recommended� or �Not
Recommended.� Because retention elections require only a �Yes� or �No� vote of
the public, the Commission rates retention candidates either as �Recommended� or
�Not Recommended.�
The
ratings are:
Supreme
Court of Pennsylvania �
Judge
Max Baer, Allegheny County: Highly Recommended
Judge
Joan Orie Melvin, Allegheny County: Highly Recommended
Justice
of the Supreme Court of Pennsylvania Justice Ronald
D. Castille: Recommended for Retention
Superior
Court of Pennsylvania �
Grainger
Bowman, Esq., Cumberland County: Highly Recommended
Judge
Palmer Dolbin, Schuylkill County: Recommended
Judge
John J. Driscoll, Westmoreland County: Recommended
Susan
Gantman, Esq., Montgomery County: Recommended
Judge
Seamus McCaffery, Philadelphia County: Recommended
Judge
Jack Panella, Northampton County: Highly
Recommended
Judge
of the Superior Court of Pennsylvania Joseph A. Del Sole: Recommended for
Retention
Commonwealth
Court of Pennsylvania �
Judge
of the Commonwealth Court of Pennsylvania James Gardner Colins: Recommended for
Retention
Editor�s
Note: The descriptive paragraphs are below. Redacted copies of the
questionnaires submitted by the candidates can be obtained from the PBA.
RATINGS� DEFINITIONS FOR
JUDICIAL CANDIDATES
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.
For
the 2003 election, there will be a total of four open seats at the appellate
level, with one vacancy on the Supreme Court and three vacancies on the Superior
Court. There are three appellate judges standing for retention: one on the
Supreme Court, one on the Superior Court and one on the Commonwealth Court.
�The PBA JEC is extremely
pleased with the high level of interest shown by potential candidates and
appellate judges to participate in our evaluation process,� said Philadelphia
lawyer Michael A. Bloom, chair of the PBA JEC. �We are firmly committed to the
notion that lawyers have a duty to recommend to the public the very best
candidates for judicial office, so that all of us can be assured of having the
very best judges on our appellate court.�
The PBA JEC based its ratings
for each candidate on a two-part evaluation process. Investigative panels
conducted the first phase of the process through personal interviews with the
candidates and with individuals who have had professional or personal dealings
with them. Upon completion of the
interviews, 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 Bloom in the
leadership of the PBA JEC is New Castle lawyer Richard E. Flannery as vice
chair. Lawyer members include Samuel T. Cooper III of Dauphin County; Chris F.
Gillotti of Allegheny County; Lucille Marsh of Lackawanna County; John R.
McGinley Jr. of Allegheny County; Steven E. �Tim� Riley Jr. of Erie County;
Jeffrey Rotwitt of Philadelphia County; Kathryn Lease Simpson of Dauphin County;
John F. Stoviak of Philadelphia County; and Louis N. Teti of Chester County. Lay
members are Ann Amore of Montgomery County; Christine James-Brown of
Philadelphia; Pamela J. Mayer of Westmoreland County; Jane G. Pepper of Delaware
County; Lawrence J. Rhoades of Westmoreland County; and R. Thomas Williamson of
Lawrence County.
The Pennsylvania Bar
Association is a professional organization that represents 27,000 lawyers across
the commonwealth.
SUPREME
COURT OF PENNSYLVANIA
Judge Max Baer
Supreme Court
Rating: Highly Recommended
The Candidate has been a member
of the Court of Common Pleas of Allegheny County since December 1989. While on
the Court, he has served in the Juvenile, Family and Civil Divisions. Within the
Family Division, from 1993 until 1999, he was the Administrative Judge
responsible for many of the key reforms that changed the face of that court.
These changes included the creation of a new home for the Family Division in the
former Allegheny County Jail, an increase in the number of judges in the
division, the creation of the position of hearing officer, the adoption legal
services project, court appointed special advocates, improvements in background
checks, one judge - one family assignments, night court, and pro se motions
court, among other innovative initiatives. He has written extensively about
family court issues. In the Civil Division, he has a reputation for being able
to handle tough cases fairly and appropriately. The Candidate�s legal opinions
have been described as intellectual, meaty and informative. He clearly possesses
the requisite legal analysis and scholarship required of an appellate court
judge. Moreover, the Candidate has developed a record as an innovator, problem
solver and a student of public policy. The Commission believes that the
Candidate is capable of outstanding performance as a Justice of the Supreme
Court and highly recommends him for that position.
Judge
Joan Orie Melvin
Supreme Court
Rating: Highly Recommended
The
Candidate has the noteworthy history of having served on three levels of the
judiciary; Magistrate�s Court in Pittsburgh, the Allegheny County Court of
Common Pleas and the Pennsylvania Superior Court. She has served with
distinction in each of these courts. As a city magistrate, she created and
implemented a Domestic Violence Court which has become a model for similar
courts across the country. In the Common Pleas Court, she earned a reputation as
a hard-working, dedicated and well-respected judge, known uniformly to be fair,
considerate and unbiased. During her tenure on the Superior Court, she has
extended her reputation for hard work, good judicial temperament, and legal
scholarship. She also has continued her interest in judicial administration,
most notably by encouraging and advancing procedures to expand the number of
published opinions. Her broad experience, outstanding and well-earned reputation
and her history of innovation in matters of the administration of justice and
furtherance of the legal process make her an outstanding candidate for the
position of Justice of the Supreme Court.
Supreme
Court Justice Ronald D. Castille
Rating:
Recommended for Retention
A
highly decorated Vietnam veteran, Justice Castille was elected to the Supreme
Court in 1993, after having served as an Assistant District Attorney since 1971
and the elected District Attorney of Philadelphia County from 1986 to
1991. During his ten years on the bench, Justice Castille has established
a reputation in the legal community for being well-prepared, intelligent, fair,
and courteous toward counsel. He has demonstrated the highest level of
integrity, adherence to principle, and proper judicial temperament. His
opinions are thoughtful and well-researched. He has continued to remain
involved in numerous public activities while serving on the Supreme Court, and
has been recognized and honored by both legal and community organizations for
his public service and commitment to improving the quality of justice for
Pennsylvania's citizens. He has demonstrated all of the qualities
requisite to a Justice of the Supreme Court and has fulfilled with
conscientiousness his responsibilities on the Court during his term.
Without doubt, he has earned the right to be retained as a Justice of the
Commonwealth's highest court.
SUPERIOR
COURT OF PENNSYLVANIA
Grainger
Bowman, Esquire
Superior Court
Rating: Highly Recommended
The Candidate has extensive
experience in both State and Federal court. He has practiced law since 1972 and
has enjoyed a diverse career. He has served as an Assistant District Attorney,
an Assistant Legal Officer in the Judge Advocate Corps, a law clerk instructor
and practitioner. This Commission previously rated the Candidate as Highly
Recommended for an open position on the Commonwealth Court. The Commission
believes that the skill sets that resulted in the Candidate�s receiving this
rating for the Commonwealth Court are transferable to the Superior Court and
that the Candidate�s qualities of judicial temperament, legal ability,
independence and fairness that were found to exist in his earlier candidacy are
applicable equally here. His fellow practitioners give the candidate exceptional
recommendations for civility, confidence, fairness, integrity and industry. His
writing is persuasive, erudite and thorough. The Commission believes that the
Candidate would serve with distinction on the Superior Court.
Judge Palmer Dolbin
Superior Court
Rating: Recommended
The Candidate has served on
the Court of Common Pleas in Schuylkill County for almost twelve years, and
during his tenure he has earned a reputation of being an excellent jurist. His
service on the court, in addition to his prior experience in private practice
and as an Assistant District Attorney, has provided him with a breadth of
experience and knowledge of the law particularly suited for service on the
Superior Court. Judge Dolbin is well respected and he is regarded as
conscientious, honest, diligent, decisive, and fair. His extensive legal
knowledge, his keen intellect, and his unbiased temperament, as well as his
proven judicial ability, all are qualities that the Commission believes will
enable Judge Dolbin to fulfill the demanding responsibilities of a Superior
Court Judge.
Judge John
J. Driscoll
Superior Court
Rating: Recommended
The Candidate has served as a
member of the Court of Common Pleas of Westmoreland County since 1994. He then
was elected to a ten-year term in 1995. The Candidate has extensive experience
in areas of law that are within the jurisdiction of the Superior Court. He has
served in the Family, Criminal and Juvenile Divisions of the Court of Common
Pleas. Before his appointment as a Judge, the Candidate practiced law and served
as District Attorney. His private practice involved civil litigation as well as
the representation of individuals and businesses in a general practice. As
District Attorney, Judge Driscoll developed solid administrative and managerial
skills. Members of the bar who have appeared before him give him high marks for
judicial temperament, work ethic and a good grasp of legal issues. The Candidate
exhibits a competent, concise and clear writing style in his opinions. He shows
a dedication to the people of Pennsylvania and a heartfelt desire to serve their
interests. By education, training, experience and temperament, Judge Driscoll
would be suited to serve on the Superior Court.
Susan Gantman, Esquire
Superior Court
Rating: Recommended
The Candidate's background
includes a combination of experience and knowledge which provide her with the
credentials necessary to serve on the Superior Court. She has served as a law
clerk, Assistant District Attorney in Montgomery County, lecturer, borough
solicitor and practitioner in the private practice of law with an emphasis in
domestic relations and juvenile and business law. She
also has served as legal consultant to the Montgomery County Office of Children
and Youth for many years. The Candidate has developed an excellent reputation
for professionalism, even-handed temperament, as well as an extensive record of
community involvement. She both articulates her positions and writes in a clear,
thoughtful and persuasive fashion. Her professionalism, integrity, innate
fairness, demeanor, enthusiasm and background enables the Commission to conclude
that she would be well suited to serve on the Superior Court.
Judge Seamus McCaffery
Superior Court
Rating: Recommended
Judge McCaffery currently
serves as the Administrative Judge of the Philadelphia Municipal Court to which
he was first elected ten years ago. His life story is compelling and includes
service in the military, a twenty year career as a Philadelphia police officer
and a stint as a litigation associate at a large Philadelphia law firm. During
his tenure on the Municipal Court, he has been appointed to hear cases in the
Court of Common Pleas and has presided over both civil and criminal jury trials.
As Administrative Judge of the Municipal Court, he has established innovative
programs designed to improve the quality of justice and to better serve the
public. Judge McCaffery�s direct demeanor and decisive manner serve him well in
his current position. He is regarded as having impeccable integrity and
adequate, if not very good, writing skills. The Commission believes that Judge
McCaffery would bring an energetic presence and common sense approach to the
work of the Superior Court and therefore recommends his candidacy.
Judge Jack
Panella
Superior Court
Rating: Highly Recommended
The Candidate has served as a
Court of Common Pleas Judge in Northampton County since 1991. He was appointed
in 1991 and elected to a ten-year term in 1993. The Candidate also previously
served a full four-year term, from 1997 to 2001, as Associate Judge and
President Judge of the Court of Judicial Discipline for the Commonwealth of
Pennsylvania. Prior to becoming a judge, the Candidate was in private practice
in Northampton County and he served as Northampton County Solicitor from 1987 to
1991 when he was appointed to Judge of the Court of Common Pleas. The Candidate
is articulate, poised and very bright. He has a no-nonsense style that is
highlighted by his highly responsive answers to various inquiries. The Candidate
has demonstrated his judicial temperament during his tenure on the bench in
Northampton County and he has demonstrated his administrative skills through his
effective handling of a heavy and complex asbestos litigation docket. The
Candidate also has had meaningful involvement in all substantive areas of law
that regularly are addressed by the Superior Court. The Candidate�s combination
of demonstrated judicial skills, intellect and judicial temperament qualify him
for Highly Recommended rating.
Superior Court Judge
Joseph A. Del Sole
Rating: Recommended for
Retention
Judge
Del Sole has a long and distinguished tenure on the Pennsylvania Superior
Court. He first was elected to the Court in 1983 and was retained for a
second ten-year term in 1993. He currently is serving as President Judge
of the Superior Court having been elected to that position by his judicial
peers. He enjoys an excellent reputation in the legal community for his
keen intellect, professionalism, energy, essential fairness and unquestioned
integrity. His legal opinions demonstrate a sharp legal mind and are
well-reasoned and clearly written. Even parties who have been unsuccessful
when arguing before Judge Del Sole have acknowledged that his opinions are
well-reasoned, even-handed and thorough. Moreover, his warmth and generous
spirit are appreciated by lawyers who appear before him. He has
demonstrated the administrative skills necessary to manage one of the busiest
intermediate appellate courts in the United States. His commitment to
enhancing the quality of justice, his legal scholarship and his experience and
skill should permit him to continue to serve with distinction on the Superior
Court.
COMMONWEALTH
COURT OF PENNSYLVANIA
Commonwealth
Court Judge James Gardner Colins
Rating: Recommended for Retention
Judge
Colins has served with distinction on the Commonwealth Court since he first was
elected in November 1983. He was retained by the voters for a second term
in November 1993. He was elected to serve a five-year term as President
Judge of the court from 1994-1999 and was elected to a second 5-year term as
President Judge in January 2002. He is regarded as an able and apolitical
administrator on a well-functioning court with a history of collegiality among
its members. Judge Colins possesses strong legal and analytical
abilities that are evidenced by the piercing questions he poses to counsel which
inevitably are calculated to reach to the heart of the matter. He is
recognized as fair, impartial, even-tempered and respectful of counsel. He
possesses a refreshing sense of humor that he often uses to put counsel at
ease. His written opinions reflect both strong legal analysis and
excellent writing. His integrity is beyond reproach. He is uniformly
well regarded and well respected by lawyers who appear before him. For
these reasons, the Commission recommends that Judge Colins be retained as a
Judge of the Commonwealth Court.
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