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PBA JUDICIAL EVALUATION COMMISSION RELEASES SECOND ROUND OF 2001 JUDICIAL RATINGS

HARRISBURG (Jan. 31, 2001) - The Pennsylvania Bar Association Judicial Evaluation Commission today released its second round of ratings of nine potential judicial candidates seeking election to the state�s appellate courts in November. The Commission released its ratings of fourteen other candidates on Jan. 18 and will hold interviews in March, should additional candidates seek to participate in the process.

The ratings are:
Supreme Court of Pennsylvania -
Highly Recommended

Judge Kate Ford Elliott, Allegheny County

Superior Court of Pennsylvania -
Highly Recommended

Judge Carol K. McGinley, Lehigh County
Recommended
Judge David S. Cercone, Allegheny County
Not Recommended
Mary Jane Bowes, Esq., Allegheny County

Commonwealth Court of Pennsylvania -
Highly Recommended

Judge Robert E. Simpson, Jr., Northampton County
Ralph J. Teti, Esq., Philadelphia County
Recommended
James J. Dodaro, Esq., Allegheny County
Cynthia M. Maleski, Esq., Allegheny County
Not Recommended
James G. Stock, Esquire (Potential Candidate), Allegheny County

For the 2001 election, there will be a total of seven open seats at the appellate level, with one vacancy on the Supreme Court and three vacancies each on the Superior and Commonwealth courts.

�This will be a significant year in the reshaping of Pennsylvania�s appellate courts,� said Philadelphia lawyer Michael A. Bloom, chair of the PBA JEC. �When citizens enter the voting booth in the May primary and in the November general election, they will be faced with a long list of candidates from which to choose. It is our job to provide the guidance and information needed to help voters make informed choices when they select Pennsylvania�s judiciary. We also will strongly encourage the state�s political parties not to endorse any candidate who receives a �Not Recommended� rating from the Commission.�

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.

Candidates are eligible to receive a rating of �Highly Recommended,� � Recommended� or �Not Recommended.�

The ratings released Jan. 18 for fourteen candidates were: (Click here for descriptive paragraphs)

Supreme Court of Pennsylvania -
Highly Recommended

Judge John Cleland, McKean County
Judge J. Michael Eakin, Cumberland County

Superior Court of Pennsylvania -
Highly Recommended

Judge Mark I. Bernstein, Philadelphia County
Judge John Cleland, McKean County
Robert A. Graci Esq., Cumberland County
Judge Richard B. Klein, Philadelphia County
Recommended
Judge Cyrus Dolbin, Schuylkill County
Judge D. Webster Keogh, Philadelphia County
Not Recommended
David N. Wecht Esq., Allegheny County

Commonwealth Court of Pennsylvania -
Highly Recommended

C. Grainger Bowman Esq., Cumberland County
Michelle H. Lally Esq., Allegheny County
Mary Hannah Leavitt Esq., Dauphin County
Recommended
Renee Levine Cohn Esq., Lehigh County
Charles J. Cunningham Esq., Philadelphia County
Thomas M. Devlin Esq., Cumberland County

Serving with Bloom in the leadership of the PBA JEC is New Castle lawyer Richard E. Flannery as vice chair. Lawyer members include Lynne Abraham of Philadelphia County; Samuel T. Cooper III of Dauphin County; Chris F. Gillotti of Allegheny County; Marvin S. Lieber of Allegheny County; Leslie Anne Miller of Montgomery County; Steven E. �Tim� Riley Jr. of Erie County; Jeffrey Rotwitt of Philadelphia County; Louis N. Teti of Chester County; H. Woodruff Turner of Allegheny County; and Deborah R. Willig of Philadelphia County. Lay members are Dr. Richard Bell of Berks County; Christine James-Brown of Philadelphia; Pamela J. Mayer of Westmoreland County; Jane G. Pepper of Delaware County; and R. Thomas Williamson of Lawrence County.

The Pennsylvania Bar Association is a professional organization that represents 27,000 lawyers and promotes the legal profession across the commonwealth.

Pennsylvania Bar Association Judicial Evaluation Commission Ratings

Supreme Court of Pennsylvania

Judge Kate Ford Elliott
Supreme Court
Rating: Highly Recommended
The Candidate was elected to a 10-year term as a Judge of the Superior Court in 1989 and was retained for a second 10-year term in 1999. Prior to becoming a judge, the Candidate served as a law clerk at the Superior Court and as its Chief Staff Attorney. Her career in the judicial system has afforded her significant insight into the appellate process. The Candidate is courteous, well-prepared, articulate and intelligent. Her legal ability and scholarship are evidenced by her well-reasoned and sound opinions. She has maintained a visible presence in both the legal and outside communities. Her many endeavors with civic and cultural organizations have convinced her that the quality of justice is improved by the courts� maintaining contact with the public to avoid the �ivory tower� syndrome. The Candidate is personable and self-effacing and has an ideal judicial temperament. She possesses the highest combination of skills and traits that would permit her to serve with distinction on the Commonwealth�s highest Court.

Commission member Riley did not participate in the evaluation or rating of this Candidate.

Superior Court of Pennsylvania

Judge Carol K. McGinley
Superior Court
Rating: Highly Recommended
The Candidate has served as a Common Pleas Judge in Lehigh County for 15 years. Her service on the court, in addition to her prior private, general practice and her service as an appellate public defender has provided her with a broad base of experience and extensive knowledge of the law. Her demonstrated ability to apply legal principles would serve her well on the Superior Court. Her legal opinions are well written with clarity and depth. In addition, the Candidate is recognized for the respect and even-handedness which she extends not only to lawyers, but also to litigants and court personnel. Her sense of fairness was repeatedly noted by her colleagues. She is energetic, pragmatic, very bright and thoughtful. Her sense of humor and self-effacing approach are refreshing and would serve her well in building consensus as a Judge of the Superior Court.

Judge David S. Cercone
Superior Court
Rating: Recommended
The Candidate has served as an assistant district attorney for three years, a district justice for three years and then sixteen years as a Judge of the Court of Common Pleas of Allegheny County. In this capacity, he was appointed to preside and administer the Criminal Court Division for six years. During his tenure, Judge Cercone has earned a reputation of being conscientious, diligent, unbiased and fair in his deliberations. He has gained respect from both the students and faculty as a college educator. His calm demeanor and excellent judicial temperament, coupled with his judicial and administrative experience, all represent qualities that make the Candidate competent to fulfill the demanding responsibilities of a Superior Court Judge.

Mary Jane Bowes, Esquire
Superior Court
Rating: Not Recommended
The Candidate has knowledge of the workings of the appellate courts, having clerked for judges on both the Superior and Supreme Courts over a six-year period early in her legal career. From 1986 until 1998, she practiced primarily civil litigation and business law at several firms before becoming corporate counsel to a large environmental remediation firm. She is recognized by her peers as a bright and competent lawyer. She has a strong record of community involvement. Despite her 21 years at the bar, her trial and appellate advocacy experiences are extremely limited. The Commission concludes that the Candidate, while possessing some admirable qualities, at this point in time, lacks the depth and breadth of experience required to satisfactorily perform the demanding responsibilities of a Judge of the Superior Court.

Commonwealth Court of Pennsylvania

Judge Robert E. Simpson, Jr.
Commonwealth Court
Rating: Highly Recommended
The Candidate has served with distinction on the Court of Common Pleas for eleven years. He previously practiced in a private firm where his practice included municipal law, zoning matters and workers� compensation, all matters that are within the jurisdiction of the Commonwealth Court. The Candidate is intelligent, courteous, fair and possessing excellent writing ability, knowledge of the law and judicial temperament. He has been highly innovative and instituted mini-trials in order to reduce case backload and effect the settlement of civil cases in his County. He has been active in both civic and bar association affairs. In recent years, he has taught and continues to teach as an Adjunct Professor of Law at the Dickinson School of Law of the Penn State University. The Candidate is at once thoughtful and decisive. Having served as a law clerk in the early years of the Commonwealth Court, the Commission believes that the Candidate would bring commitment, enthusiasm, excellent perspective and depth of experience to the Commonwealth Court.

Ralph J. Teti, Esquire
Commonwealth Court
Rating: Highly Recommended
The Candidate has an astonishingly broad range of knowledge and experience in the substantive areas of law that fall within the jurisdiction of the Commonwealth Court. For the past quarter century, he has served in public service as well as private practice and earned the respect of members of the bench and the bar. His range of experience includes zoning, municipal law, workers� compensation, unemployment compensation, public employment, labor law, public school employment law and election law. He is intellectually gifted, articulate and possessed of great analytical skills all of which would serve him well on the Commonwealth Court. The Candidate writes cogently with style and insight. The Candidate is self-effacing and cognizant that the law involves people as well as legal principle. He exhibits sound professional judgment, good judicial temperament and the ability to build consensus in a collegial manner.

Commission member Willig did not participate in the evaluation or rating of this Candidate.

James J. Dodaro, Esquire
Commonwealth Court
Rating: Recommended
The Candidate has a solid academic and an extensive legal background, particularly in representing political subdivisions. He combines those backgrounds and experience with administrative skills that have helped garner him a reputation for being confident, motivated, decisive, intelligent, articulate and a leader. In that regard, he has held, or continues to hold, a number of high profile legal positions, including Allegheny County Solicitor, where he directed a staff of forty-five (45) attorneys, as first director of the Allegheny County Department of Development, where he headed a staff of ninety (90), and as Solicitor to the newly formed Allegheny Council. The Candidate also has an outstanding record of public service and community involvement. He is held in high regard by his peers. While he has supervised trial teams of lawyers, Mr. Dodaro has not had recent in-depth trial or appellate experience. The Commission has concluded that Mr. Dodaro possesses the legal ability, integrity and temperament which would enable him to perform the responsibilities of a Judge of the Commonwealth Court.

Cynthia M. Maleski, Esquire
Commonwealth Court
Rating: Recommended
The Candidate�s background reflects a unusual blend of experience which provides her with the credentials necessary to serve on the Commonwealth Court. She has served as general counsel to a large hospital and as regulatory counsel for a major health insurance company. She also served for three years as Pennsylvania�s Insurance Commissioner, where she was an adjudicator, rehabilitator and liquidator, and also investigated insurance practices and oversaw licensure matters. She has a broad base of legal knowledge in many of the substantive areas that are within the jurisdiction (both original and appellate) of the Commonwealth Court. In addition, she has a noteworthy and longstanding commitment to public and community service. Her varied background, her reputation for professionalism, and her even-handed temperament, all enable the Commission recommend her for a position on the Commonwealth Court.

James G. Stock, Esquire
Commonwealth Court (Potential Candidate)
Rating: Not Recommended
The potential Candidate began his legal career by serving capably as a public defender for approximately 4 years and then as a law clerk on the Superior Court for one year. Since 1995, he has served as a law clerk to a Judge of the Commonwealth Court. He is very bright, articulate and well-trained. However, the Candidate�s experience has consisted almost entirely of criminal defense work at the appellate level and as a law clerk. His trial experience is very limited. The Commission also has concerns about the Candidate�s ability to work under the significant pressures associated with service as a Judge of the Commonwealth Court. Moreover, eleven years after his law school gradation, the Candidate has no demonstrated record of community or public service. Accordingly, the Commission concludes that, at this time, the Candidate does not have sufficient breadth of legal and community experience to satisfactorily perform the duties of a Judge of the Commonwealth Court.

RATINGS� DEFINITIONS

Highly Recommended: The candidate possesses the highest combination of legal ability, 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, 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, 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.