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PBA JUDICIAL EVALUATION COMMISSION RELEASES THIRD ROUND OF 2001 JUDICIAL RATINGS

HARRISBURG (March 13, 2001) - The Pennsylvania Bar Association Judicial Evaluation Commission today released its third - and final - round of ratings of judicial candidates seeking election to the state�s appellate courts in November.

The ratings are:
Superior Court of Pennsylvania -
Recommended

Judge Lydia Y. Kirkland, Philadelphia County

Not Recommended
John Bender Esq., Allegheny County (for failure to participate in evaluation process)
Judge Stephanie Domitrovich, Erie County

Commonwealth Court of Pennsylvania -
Highly Recommended

Irwin W. Aronson Esq., Dauphin County

Recommended
Gerard W. Langan Jr. Esq., Luzerne County

Not Recommended
Victor Delle Donne Esq., Allegheny County (for failure to participate in evaluation process)
Mary Flaherty Esq., Allegheny County (for failure to participate in evaluation process)
Deborah S. Miskovich Esq., Allegheny County (for failure to participate in evaluation process)

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.�

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 Commission also released its ratings of 23 other candidates on Jan. 18 and Jan. 31, 2001. The ratings released in January were: (descriptive paragraphs are available on the PBA Web site at www.pabar.org)

Supreme Court of Pennsylvania -
Highly Recommended

* Judge John Cleland, McKean County
Judge J. Michael Eakin, Cumberland County
Judge Kate Ford Elliott, Allegheny 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
* Judge Carol K. McGinley, Lehigh County

Recommended
* Judge David S. Cercone, Allegheny County
Judge Cyrus Dolbin, Schuylkill County
* Judge D. Webster Keogh, Philadelphia County

Not Recommended
Mary Jane Bowes Esq., Allegheny County
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
Judge Robert E. Simpson Jr., Northampton County
* Ralph J. Teti, Philadelphia County

Recommended
Renee Levine Cohn Esq., Lehigh County
* Charles J. Cunningham Esq., Philadelphia County
* Thomas M. Devlin Esq., Cumberland County
James J. Dodaro Esq., Allegheny County
* Cynthia M. Maleski Esq., Allegheny County

Not Recommended
* James G. Stock Esq., Allegheny County

(* Candidates went through the PBA JEC ratings process, but did not file with the Department of State for the primary election)

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; Marvin S. Lieber of Allegheny County; John R. McGinley Jr. 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.

Editor�s Note: Copies of the questionnaires submitted by the candidates can be obtained from the PBA.

Pennsylvania Bar Associon Judicial Evaluation Commission Ratings

SUPERIOR COURT OF PENNSYLVANIA

RECOMMENDED

Honorable Lydia Y. Kirkland
Superior Court
Rating: Recommended
The Candidate is an extremely hard-working judge who serves on the Philadelphia Municipal Court, handling as many as 50-80 cases, both civil and criminal, each day. She is recognized for being well-prepared and having good administrative skills that would serve her well as a judge of the Superior Court. She is one of only five judges who has been certified to sit on the Court of Common Pleas of Philadelphia to assist that court with its very heavy trial docket. While the nature of her work on Municipal Court has precluded her from developing a body of written opinions, she has a demonstrated capacity and desire to learn and the requisite legal knowledge, energy and ability to produce written opinions of quality. The Candidate receives very high reviews for her judicial temperament and is recognized for her fairness both to litigants and lawyers. She has a clear understanding of the role of the judiciary in administering justice. She understands that the law involves people as well as principle. The Commission believes that the Candidate would bring a unique and needed perspective to the Superior Court and recommends her candidacy.

NOT RECOMMENDED

John Bender, Esquire
Superior Court
Rating: Not Recommended
The Commission issued a �Not Recommended� rating to this candidate for failure to participate in the evaluation process.

Honorable Stephanie Domitrovich
Superior Court
Rating: Not Recommended
The Candidate, a sitting Common Pleas Judge in Erie County, is acknowledged as both hard-working and highly motivated, with substantial and continuing involvement in many community activities. However, the Commission received numerous and consistent reports concerning the Candidate�s shortcomings as a judge that were found credible and were neither acknowledged nor sufficiently refuted by the Candidate. Specifically, the Commission found that the Candidate lacks proper judicial temperament and decorum, often exhibiting a lack of proper respect for lawyers and litigants in her courtroom. There was a significant concern that she frequently adopts one side of an argument presented to her, failing to give proper weight and consideration to the opposite position. Reports also suggested that the Candidate can and does lose her temper in the courtroom. Most significantly, the Commission observed that the Candidate was a poor listener, a critical weakness in a prospective appellate court judge. Accordingly, the Commission concluded that the Candidate lacks the skills necessary to serve adequately as a Judge of the Superior Court.

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

COMMONWEALTH COURT OF PENNSYLVANIA

HIGHLY RECOMMENDED

Irwin W. Aronson, Esq.
Commonwealth Court
Rating: Highly Recommended
The Candidate is bright, conscientious, dedicated, diligent and hard-working, and over 19 years, has had extensive experience practicing before the Commonwealth Court. His broad practice includes administrative agency, labor and employment, employee benefit, election and campaign finance, small business organization, government relations, legislative drafting and appellate practice. He is regarded as a thoughtful and candid professional of the highest integrity who enjoys a very positive reputation as an effective advocate, particularly in administrative law matters. His facilitative skills are considerable. His written work reflects an excellent combination of legal scholarship and hard work. His history of extensive community involvement is further evidence of his sensitivity and commitment to enhancing the quality of justice. His sound intellect and even temperament, coupled with his considerable exposure to the work of the Commonwealth Court, make the Candidate ideally suited for a seat on that court, and the Commission highly recommends him for that position.

RECOMMENDED

Gerard W. Langan Jr., Esquire
Commonwealth Court
Rating: Recommended
The Candidate has practiced law in Pittston and Scranton since 1986. A summa cum laude law school graduate, the Candidate�s practice has been concentrated in workers� compensation, social security, disability, and personal injury matters. He has a moderate amount of trial experience, and more extensive experience in appellate work in his chosen areas of practice, principally before the Commonwealth Court. He has written and lectured on workers� compensation and social security disability issues. He has a solid and long-standing record of community involvement. The Candidate is regarded by his peers as hard-working, dedicated, intelligent, courteous, and even-tempered. He has a very high energy level and an enthusiasm about the law which is contagious. He has earned a reputation for integrity and high ethical standards. The Candidate�s professional experience to date has demonstrated an ability to grow both personally and professionally. His skills only will be further enhanced with time. Based upon the foregoing, the Commission finds the Candidate has the requisite skills to serve as a Judge of the Commonwealth Court.

NOT RECOMMENDED

Victor Delle Donne, Esquire
Commonwealth Court
Rating: Not Recommended
The Commission issued a �Not Recommended� rating to this candidate for failure to participate in the evaluation process.

Mary Flaherty, Esquire
Commonwealth Court
Rating: Not Recommended
The Commission issued a �Not Recommended� rating to this candidate for failure to participate in the evaluation process.

Deborah Miskovich, Esquire
Commonwealth Court
Rating: Not Recommended
The Commission issued a �Not Recommended� rating to this candidate for failure to participate in the evaluation process.

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.