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JUDICIAL EVALUATION COMMISSION RELEASES RETENTION RATINGS FOR APPELLATE JUDGES

HARRISBURG (Oct. 15, 2001) - The Pennsylvania Bar Association Judicial Evaluation Commission today released its ratings of a Supreme Court justice, a Superior Court judge and a Commonwealth Court judge, all of whom are standing for retention in the November 2001 election.

The ratings for each retention candidate are:

  • Justice of the Supreme Court of Pennsylvania Stephen A. Zappala - Recommended
  • Judge of the Superior Court of Pennsylvania Stephen J. McEwen Jr. - Recommended
  • Judge of the Commonwealth Court of Pennsylvania Rochelle S. Friedman - Recommended

Editor�s Note: Descriptive paragraphs supporting each rating are listed below.

�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, 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.�

Because retention elections require only a �Yes� or �No� vote of the public, the Commission rated retention candidates either �Recommended� or �Not Recommended.� It 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 intensive 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.

Upon receipt and review of the investigative panel�s report, the Commission interviewed the investigative panel chair and rendered its own evaluation and recommendation.

Ratings of Other Appellate Candidates

The Commission issued in May the following ratings of judicial candidates seeking election to the appellate courts in November. :

Supreme Court of Pennsylvania -
Highly Recommended
Judge J. Michael Eakin, Cumberland County
Judge Kate Ford Elliott, Allegheny County
Superior Court of Pennsylvania -
Highly Recommended
Judge Richard B. Klein, Philadelphia County
Recommended
Judge Lydia Y. Kirkland, Philadelphia County
Not Recommended
John Bender, Esq., Allegheny County
Mary Jane Bowes, Esq., Allegheny County
Judge Stephanie Domitrovich, Erie County
David N. Wecht, Esq., Allegheny County
Commonwealth Court of Pennsylvania -
Highly Recommended
Irwin W. Aronson, Cumberland County
Mary Hannah Leavitt, Esq., Dauphin County
Judge Robert E. (Robin) Simpson Jr., Northampton County
Recommended
Renee Levine Cohn, Esq., Lehigh County
James J. Dodaro, Esq., Allegheny County
Gerard W. Langan, Jr., Esq., Lackawanna County

The ratings are defined as:

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.

The PBA JEC is a nonpartisan panel composed of 17 lawyers and nonlawyers that is responsible for rating appellate judicial candidates.

The Pennsylvania Bar Association is a professional organization that represents 26,000 lawyers and promotes the legal profession across the commonwealth.

PENNSYLVANIA BAR ASSOCIATION
JUDICIAL EVALUATION COMMISSION RETENTION
RATINGS

Supreme Court of Pennsylvania Retention Candidate

Justice Stephen A. Zappala
Rating: Recommended

Now the second-most senior member of the Supreme Court, Justice Zappala had a long and distinguished tenure on the Court since first being elected in 1981. He is recognized as having a sharp legal mind and as the author of opinions, which are well written, well reasoned, and well grounded in the applicable facts and law. Justice Zappala has demonstrated sound judicial temperament during his years on the Court, and is seen as open minded, even handed, and fair. During oral argument, he asks relevant and thoughtful questions which demonstrate his firm grasp of the pertinent facts and law. Justice Zappala is widely regarded as having served as an important stabilizing influence on the Court during a very difficult period in the Court�s history when a former member of the Court was impeached. He enjoys deserved respect among lawyers and members of the judiciary as an accomplished and experienced jurist. For all of these reasons, the Commission recommends that Justice Zappala be retained.

Superior Court of Pennsylvania Retention Candidate

Judge Stephen J. McEwen, Jr.
Rating: Recommended

Judge McEwen was elected to a 10-year term as a Judge of the Superior Court in 1981 and was retained for a second 10-year term in 1991. The Judges of the Superior Court elected Judge McEwen as President Judge of the Pennsylvania Superior Court for a five-year term concluding in 2001. Judge McEwen has been an active lecturer at universities and law schools and a frequent author of legal articles. A review of the broad sample of opinions that he has authored indicates that they are well thought out, well researched and clearly written. Even parties who have been unsuccessful when arguing in front of Judge McEwen have acknowledged his opinions to be both thoughtful and well founded. Everyone interviewed had tremendous respect for his judicial ability and the fact that he deals with counsel with courtesy and respect. He is viewed as hardworking, exceptionally intelligent and very disciplined. His service as President Judge of the Superior Court received uniformly high praise. He possesses the combination of skills and traits that would permit him to continue to serve with distinction on the Superior Court.

Commonwealth Court of Pennsylvania Retention Candidate

Judge Rochelle S. Friedman
Rating: Recommended

Judge Friedman has served as a Commonwealth Court Judge for the past ten years. During that time she has earned a reputation for being well prepared, courteous and fair and appears to understand the role of an appellate court judge. A review of her opinions indicates that, for the most part, they are properly researched and reasoned. Based on numerous interviews with members of the Bar who have appeared before her and a review of her body of work, the Commission recommends that Judge Friedman be retained.