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PBA Judicial Evaluation Commission Reissues Ratings for Judicial Candidates, Provides Information for Voters

HARRISBURG (Oct. 11, 2011) - In just a few weeks, voters will be deciding whether to retain one justice and five judges in the appellate courts, and voters will be filling one seat on the Superior Court and one seat on the Commonwealth Court.

To better inform voters about the candidates in this statewide election, the Pennsylvania Bar Association Judicial Evaluation Commission today reissued its ratings and descriptive paragraphs for all appellate judge candidates appearing on the Nov. 8 ballots.

Retention Candidates for Supreme, Superior and Commonwealth Courts of Pennsylvania

Because retention elections require only a "Yes" or "No" vote of the public, the PBA Judicial Evaluation Commission rates retention candidates either as "Recommended for Retention" or "Not Recommended for Retention." The ratings for the retention candidates are as follows:

Supreme Court of Pennsylvania

Justice J. Michael Eakin - Recommended for Retention

Superior Court of Pennsylvania

Judge John T. Bender - Recommended for Retention

Judge Mary Jane Bowes - Recommended for Retention

Commonwealth Court of Pennsylvania

Judge Ren�e Cohn Jubelirer - Recommended for Retention

Judge Mary Hannah Leavitt - Recommended for Retention

Judge Robert E. Simpson Jr. - Recommended for Retention

The commission based its findings for each candidate on a two-part evaluation process. Investigative panels conducted the first phase of the process, which included a thorough review of the candidate's completed questionnaire, an analysis of written opinions authored by the retention candidate within the last three to five years, and interviews with judges and lawyers who have appeared before the retention candidate.

The panels then submitted confidential written reports to the Commission outlining their preliminary, non-binding recommendations. The Commission members reviewed the questionnaires and opinions as well as the investigative panel reports, and where necessary, interviewed the panel chairs before rendering its own evaluation and recommendation.

Candidates Seeking to Fill Vacancies on the Superior and Commonwealth Courts of Pennsylvania

Each candidate seeking to fill a vacancy and requesting an evaluation by the PBA JEC is eligible to receive a rating of "Highly Recommended," "Recommended" or "Not Recommended." The commission's ratings are as follows:

Superior Court of Pennsylvania -

Victor P. Stabile, Dauphin County - Recommended

Judge David N. Wecht, Allegheny County - Highly Recommended

Commonwealth Court of Pennsylvania -

Kathryn Boockvar, Bucks County - Recommended

Anne E. Covey, Bucks County - Recommended

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 using the following criteria:

  • 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.

"The PBA JEC provides information to help voters choose candidates best suited to serve as fair, impartial and knowledgeable judges," said Erie County lawyer Steven E. (Tim) Riley Jr., 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."

Serving with Riley in the leadership of the PBA JEC are Montgomery County lawyer Robert F. Morris as co-vice chair and Allegheny County lawyer Chris F. Gillotti as immediate past chair.

Ratings Paragraphs for Retention Candidates

Supreme Court of Pennsylvania

Justice J. Michael Eakin
Rating: Recommended for Retention

The Candidate has served on the Supreme Court since January 2002. His opinions are thorough, thoughtful, cogent and concise. He has authored several opinions in poetic verse, which has drawn praise in some legal circles and criticism in others. He is an active participant at oral argument, frequently questioning counsel to assist him and the other members of the court in understanding the nuances of particular issues. The Candidate is known for his quick wit and friendly nature. Although demonstrating a collegial attitude to the lawyers who appear before him and to his peers on the Supreme Court, he has not been reluctant to author dissenting opinions when he felt it was necessary and important to do so. Regarded as fair, impartial, independent and unlikely to be swayed by public opinion or media criticism, the Candidate has earned the respect of lawyers and judges in the Commonwealth. The commission recommends the Candidate's retention.

Read the Candidate's questionnaire.

Superior Court of Pennsylvania

Judge John T. Bender
Rating: Recommended for Retention

The Candidate was served on the Superior Court since January 2002. He has earned a reputation as a fair minded and capable jurist. He regularly delivers concise, consistent and clear opinions. His opinions are well reasoned and easily readable regardless of the complexity of the subject matter. He has an excellent judicial temperament and is known for being well prepared, polite and attentive during arguments in cases before him. He has demonstrated a thorough grasp of both substantive legal issues and procedural issues. He has actively served on the appellate court Rules Committee while maintaining a commitment to his day-to-day administrative and substantive duties as a judge. The commission recommends the Candidate's retention.

Read the Candidate's questionnaire.

Judge Mary Jane Bowes
Rating: Recommended for Retention

The Candidate has served as a Superior Court judge since January 2002. She has earned the respect of lawyers and her peers for her strong work ethic, her exceptional intellect, her judicial temperament and her dedication to improving the quality of justice through legal education and community involvement. The Candidate is a frequent participant in continuing legal education panels, serves on the Pennsylvania Bar Association Appellate Advocacy Committee and is involved with the "Color of Justice" program in which female judges meet with female minority high school students. The Candidate's written opinions are logically organized and written with clarity and sound legal reasoning. The commission recommends the Candidate's retention.

Read the Candidate's questionnaire.

Commonwealth Court of Pennsylvania

Judge Ren�e Cohn Jubelirer
Recommended for Retention

The Candidate has served as a Commonwealth Court judge since January 2002. The Candidate has a reputation for being bright, engaged and a hard worker. The Candidate possesses good judicial temperament and is courteous, compassionate and impartial. She has a well-defined sense of justice and works hard to improve the quality of justice through her contribution to continuing legal education for lawyers and judges. The Candidate's legal opinions are well written and reflect a high degree of ability to interpret and apply legal principles and provide clear direction for advocates and agencies. The Candidate's service on the Commonwealth Court demonstrates her ability to fulfill the responsibilities of an appellate court judge. The commission recommends the Candidate's retention.

Read the Candidate's questionnaire.

Judge Mary Hannah Leavitt
Recommended for Retention

The Candidate has served as a Commonwealth Court judge since January 2002. She has impressed and therefore has earned the admiration and respect of the lawyers who practice in her court. She has been collegial in her dealings with other judges. The Candidate is extremely bright and articulate. Her opinions are clear and concise and demonstrate excellent critical analysis skills and outstanding legal ability. The Candidate's integrity and strength of character are evident in her decision making. She continues to provide continuing legal education to the entire legal community. Her judicial temperament is above reproach. The Candidate clearly demonstrates all of the qualities necessary to serve as an appellate judge. The commission recommends the Candidate's retention.

Read the Candidate's questionnaire.

Judge Robert E. Simpson, Jr.
Recommended for Retention

The Candidate has served as a Commonwealth Court judge since January 2002. The Candidate's opinions contain excellent writing and reflect sound analytical abilities. He shows superior knowledge of matters that are brought to the Commonwealth Court, and he has earned the respect of lawyers and other members of the bench throughout his legal career. He is regarded as a jurist of integrity and excellent character. The Candidate clearly demonstrates all of the qualities necessary to fulfill the responsibilities of an appellate judge. The commission recommends the Candidate's retention.

Read the Candidate's questionnaire.

Rating Paragraphs for Candidates Seeking to Fill Vacancies

Superior Court of Pennsylvania

Victor P. Stabile
Rating: Recommended

Throughout his career as a civil litigator, the Candidate has been held in high regard by his peers, who commend his integrity, strong work ethic and civility. He served as a clerk for a Commonwealth Court judge before working as a litigator in the Office of the Pennsylvania Attorney General. More recently, he has distinguished himself as the managing partner of his firm's Harrisburg office, where he handles complex civil litigation matters. His writing skills are strong and his experience handling cases before the appellate courts is solid. He has an exemplary record of pro bono service, and he has also served his community as a member of his township's Board of Supervisors. Based on his strong intellect, passion for the law and even temperament, the commission recommends him for a position on the Superior Court.

Read the Candidate's questionnaire.

Judge David N. Wecht
Rating: Highly Recommended

The Candidate has served with distinction over the past eight years as a judge on the Court of Common Pleas of Allegheny County. He recently served as the administrative judge of the Family Division, where he implemented innovative programs, including "One Family, One Judge" to provide consistency in the adjudication of legal issues that are addressed by that division. As a Family Court judge, the Candidate had experience in both the domestic relations and juvenile justice functions. While in the Family Division, he served on a regular basis in the Civil Division of the court, where he is now sits. His opinions evidence thoughtful scholarly research and demonstrate his keen intellect. He is respectful of litigants in his court, and his opinions demonstrate his understanding of both sides of the matters before him. His love of the law is apparent not only by his service on the bench but also by his teaching at the law school and college levels and by the publication of many articles. The Candidate has the breadth of experience and knowledge required to serve with distinction on the Superior Court and is highly recommended.

Read the Candidate's questionnaire.

Commonwealth Court of Pennsylvania

Kathryn Boockvar
Rating: Recommended

The Candidate has a varied background that includes working in a private law practice and as a legal services and public interest lawyer, most recently working on election law matters. She is regarded as bright, hard working and a zealous advocate for her clients. She communicates well. Her record of community service and bar association and professional organization activities is adequate but not extensive. She is experienced in handling cases that regularly come before the Commonwealth Court, but her appellate experience, including her experience before the Commonwealth Court, is limited. The commission finds that the Candidate possesses the legal ability, experience, integrity and temperament to perform satisfactorily as a judge of the Commonwealth Court and recommends her as a candidate for a seat on that court.

Read the Candidate's questionnaire.

Anne E. Covey
Rating: Recommended

The Candidate has been a member of the Pennsylvania Labor Relations Board since 2002. Her legal experience is primarily representing businesses in the area of employment and labor relations. She has counseled, taught and consulted widely in matters involving this subject area. The Candidate is the author of numerous law review and law journal articles and a book, The Workplace Law Advisor. She demonstrates intelligence, writing ability, administrative experience, and judicial temperament. The commission concludes that the Candidate possesses good character, integrity and an excellent work ethic and that she would be able to perform satisfactorily as a judge on the Commonwealth Court.

Read the Candidate's questionnaire.

Founded in 1895, the Pennsylvania Bar Association exists to promote justice, professional excellence and respect of the law; improve public understanding of the justice system; and facilitate access to legal services. The PBA represents more than 28,000 lawyers who are licensed to practice law in Pennsylvania.

Questionnaires submitted by the November 2011 appellate court candidates participating in the PBA JEC evaluation process, the PBA JEC's evaluation paragraphs and additional information about Pennsylvania's appellate courts are posted on the following website: http://www.pavotesmart.com.