HARRISBURG (March 28, 2023) — The Pennsylvania Bar Association Judicial Evaluation Commission (PBA JEC) has released its final list of ratings for judicial candidates seeking to fill one open seat on the Supreme Court of Pennsylvania, two seats on the Superior Court of Pennsylvania and one seat on the Commonwealth Court.
Each candidate requesting an evaluation by the PBA JEC is eligible to receive a rating of “Highly Recommended,” “Recommended” or “Not Recommended.”
SUPREME COURT OF PENNSYLVANIA
Highly Recommended
Judge Carolyn T. Carluccio (Montgomery County)
Judge Deborah A. Kunselman (Beaver County)
Judge Daniel D. McCaffery (Philadelphia County)
Not Recommended
Judge Patricia A. McCullough (Dauphin County) – for failure to participate
SUPERIOR COURT OF PENNSYLVANIA
Highly Recommended
Jill L. Beck (Allegheny County)
Judge Timika R. Lane (Philadelphia County)
Recommended
Judge Harry F. Smail Jr. (Westmoreland County)
Not Recommended
Maria Battista (Clarion County) – for failure to participate
Judge Patrick F. Dugan (Philadelphia County) – for failure to participate
COMMONWEALTH COURT OF PENNSYLVANIA
Recommended
Megan L. Martin (Cumberland County)
Bryan S. Neft (Allegheny County)
Judge Matthew S. Wolf (Philadelphia County)
Not Recommended
Joshua G. Prince (Berks County)
A descriptive paragraph about each candidate’s rating and links to each candidate’s questionnaire and signed Judicial Candidate’s Pledge are below for each candidate completing the JEC evaluation process.
“Our nonpartisan commission has a sole mission of providing voters with an objective evaluation and rating for each potential candidate,” said PBA JEC Chair Charles Eppolito III, a past president of the PBA. “The ‘recommended’ and ‘highly recommended’ candidates are those the commission found to have the legal ability, experience, integrity and temperament needed to provide satisfactory or outstanding levels of performance on the appellate courts’ benches and, therefore, are best suited to serve as fair, impartial and knowledgeable jurists on our state’s highest courts.”
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, reviewed numerous materials regarding each candidate, discussed his or her qualifications and reached consensus on each candidate’s rating.
All of the PBA JEC-rated potential candidates have signed the Judicial Candidate’s Pledge, which references Judicial Campaign Advertising Guidelines, that states they and members of their campaign staffs will observe standards of conduct consistent with the integrity, impartiality and independence of the judiciary, and that they and members of their campaign staffs will “identify and familiarize ourselves with all applicable laws and regulations regarding my campaign and to conduct ourselves accordingly.”
The commission includes lawyer and nonlawyer members from across the state. Serving with Eppolito in the leadership of the PBA JEC is lawyer Brian J. Lindsay of Crawford County, who is the commission’s vice chair. Additional lawyer members are Rodney R. Akers of Dauphin County, Ann L. Begler of Allegheny County, Joseph D. Burke of Luzerne County, Nicholas A. Dalessio of Dauphin County, Lara J. Endler of Luzerne County, Jessica Lynn Harlow of Lehigh County, George B. Kaufman of Somerset County, Marisa H. Lattimore of Montgomery County, Melissa M. Leininger of Dauphin County and Riley H. Ross III of Philadelphia County. Nonlawyer members are Mary A. Coploff of Clinton County, William Deane (out of state), Alan Gross of Lancaster County, Marcy A. King of Butler County, Christine Stone of Allegheny County and Robert N. Thomas of Erie County.
RATINGS DEFINITIONS
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.
SUPREME COURT OF PENNSYLVANIA
Judge Carolyn T. Carluccio
Rating: Highly Recommended
The candidate has ably served as a Montgomery County Court of Common Pleas judge since 2009. She was unanimously elected by her peers to serve as president judge in 2022, making her the first female to hold the position. Previously, the candidate served as an assistant United States attorney in the District of Delaware and chief public defender in Montgomery County, during which time she gained extensive trial experience. Past job experiences also included service as chief deputy solicitor and acting director of human resources in Montgomery County. During her tenure on the bench, she has presided over criminal, civil, juvenile and family court matters. The candidate is a well-respected jurist, described by those appearing before her as highly intelligent, energetic, courteous, respectful and fair. Her colleagues described her as hardworking, industrious and even-tempered. Her opinions are well written and well-reasoned. She is active in many organizations, including the Pennsylvania Conference of State Trial Judges and Montgomery Bar Association, where she holds or has held various leadership positions. She also has a record of community involvement throughout her career. The commission finds that the candidate meets the rigorous standards set forth and possesses the highest combination of legal ability, experience, integrity and excellent judicial temperament. The commission is confident that the candidate would serve with distinction as a Supreme Court justice and, therefore, highly recommends her candidacy.
Read the candidate’s questionnaire.
See the candidate’s signed Judicial Candidate’s Pledge.
Judge Deborah A. Kunselman
Rating: Highly Recommended
The candidate has ably served as a Superior Court of Pennsylvania judge since 2018. Previously, she served as a Court of Common Pleas of Beaver County judge between 2006 and 2017. Prior to serving as a judge, the candidate had a 13-year career as an attorney with a private practice devoted to civil litigation, family and employment law matters while serving for eight years as assistant and then chief solicitor to Beaver County. Colleagues describe her experience as vast, owing both to her varied private practice and service on the Beaver County bench which required that she address legal issues across a broad spectrum of civil, criminal and family law proceedings. She has a reputation for being a thoughtful appellate decision-maker, open to persuasion, and proceeding in each matter with integrity and high character. Throughout her career, the candidate has also evidenced a deep commitment to serving the community. Carrying service to her role as jurist, she has sought to promote the improvement of appellate advocacy and provided insight in addressing mental and emotional health challenges that can impact individuals in both private and public life. The commission is confident the candidate is exceptionally well-qualified to serve as a member of the Supreme Court of Pennsylvania and, therefore, highly recommends her candidacy.
Read the candidate’s questionnaire.
See the candidate’s signed Judicial Candidate’s Pledge.
Judge Daniel D. McCaffery
Rating: Highly Recommended
The candidate is an experienced jurist known for his high degree of professionalism, good judicial temperament and strong work ethic. His legal career has taken several paths that allowed the candidate to attain substantial experience in a variety of areas. He served as an assistant district attorney of Philadelphia from 1991 to 1996, rising to a leadership role in the Major Trials Unit. He was employed from 1997 to 2000 as an associate and from 2001 to 2013 as a partner in a law firm. He served as a judge on the Philadelphia Court of Common Pleas between 2014 and 2019, and during his tenure made several important administrative contributions. From January 2020 to present, he has served ably as a Superior Court of Pennsylvania judge. He has a sound knowledge of legal principles. His opinions and legal writings are well written and well-reasoned. In addition, the candidate has a demonstrated record of community involvement. Before commencing his legal education, he served on active duty in the U.S. Army for two years followed by a four-year commitment in the Army Reserve. Because of his broad experience as a practicing attorney, proven record of judicial leadership, high ethical standards and dedication to the legal profession and the community, the commission is confident the candidate would serve with distinction as a Supreme Court justice and, therefore, highly recommends his candidacy.
Read the candidate’s questionnaire.
See the candidate’s signed Judicial Candidate’s Pledge.
Judge Patricia A. McCullough
Rating: Not Recommended (for failure to participate)
SUPERIOR COURT OF PENNSYLVANIA
Maria Battista
Rating: Not Recommended (for failure to participate)
Jill L. Beck
Rating: Highly Recommended
The candidate practices in the areas of commercial litigation, discrimination and appellate matters at a law firm. She previously served in clerkships for the Superior Court of Pennsylvania and Supreme Court of Pennsylvania, where she gained a decade of appellate court experience drafting hundreds of opinions related to civil, criminal, family and juvenile law and orphan’s court matters. Prior to her clerkships, the candidate practiced at KidsVoice Inc., managing an extensive caseload of matters related to abused and neglected children. The candidate is active in organized bar associations and is highly regarded by members of the bench and bar. She is intelligent, focused and displays a temperament exhibiting patience, open-mindedness, tact and humility. She possesses the highest combination of legal ability, experience and integrity. The commission is confident the candidate is capable of outstanding performance as a Superior Court of Pennsylvania judge and highly recommends her candidacy.
Read the candidate’s questionnaire.
See the candidate’s signed Judicial Candidate’s Pledge.
Judge Patrick F. Dugan
Rating: Not Recommended (for failure to participate)
Judge Timika R. Lane
Rating: Highly Recommended
The candidate has served on the Court of Common Pleas in Philadelphia County since 2013. Her trial court experience is extensive. She has overseen criminal appeals from the Philadelphia Municipal Court, presided over criminal cases in the Major Trials program, and handled investigative grand jury matters. Currently, she is assigned to the court’s Civil Trial Division, handling civil motions and jury/bench trials. The candidate’s writing is well-reasoned, clear and concise. Prior to her tenure on the court, she spent more than a decade in private practice with a majority of her practice related to family law. She also previously served as a public defender, civil arbitrator, child advocate and chief counsel. She demonstrates her commitment to the legal profession by serving as an instructor for continuing legal education courses and other educational activities. The candidate has extensive community involvement, demonstrating her commitment to public service. The commission is confident the candidate is capable of outstanding performance as a Superior Court of Pennsylvania judge and highly recommends her candidacy.
Read the candidate’s questionnaire.
See the candidate’s signed Judicial Candidate’s Pledge.
Judge Harry F. Smail Jr.
Rating: Recommended
The candidate has served as a Westmoreland County Court of Common Pleas judge since 2014. Prior to his service on the bench, the candidate was a sole practitioner in Greensburg, Pennsylvania, for many years representing clients in a wide range of civil, criminal, employment and family litigation at both the state and federal levels. As a judge, he has been thorough in overseeing complex civil litigation and orphans court matters. He is well respected by the legal community and is regarded as well-prepared to hear the diverse matters before him when presiding over his courtroom. The commission found his legal writing to be well-reasoned, clear and concise. The candidate has given time to an array of cultural, community and professional organizations. Based on his extensive background, legal ability and temperament, the commission believes the candidate possesses the skills required to capably serve at the appellate level and recommends his election to the Superior Court of Pennsylvania.
Read the candidate’s questionnaire.
See the candidate’s signed Judicial Candidate’s Pledge.
COMMONWEALTH COURT OF PENNSYLVANIA
Megan L. Martin
Rating: Recommended
The candidate served as a law clerk in the Lancaster County Court of Common Pleas before working as a special assistant to the Governor’s Office of General Counsel. She then worked as deputy director of the Governor’s Office of Public Liaison, special assistant to the governor and assistant counsel for the Office of General Counsel, U.S. Navy. She served for 10 years as secretary-parliamentarian and the Right to Know Law appeals officer for the Senate of Pennsylvania. The candidate has taught legal subjects at a community college and a law school, is an active member of the Pennsylvania and other bar associations, and volunteers for community organizations. The candidate’s writings are clear, concise, persuasive and provide thoughtful analysis of the facts and applicable rules and law. She has presented cases in administrative settings. The candidate’s substantial administrative law experience will serve her well as a Commonwealth Court judge and, therefore, the commission recommends her as a candidate.
Read the candidate’s questionnaire.
See the candidate’s signed Judicial Candidate’s Pledge.
Bryan S. Neft
Rating: Recommended
The candidate has been a lawyer for 32 years and is licensed to practice in Pennsylvania, California, Ohio and West Virginia. Early in his career, he served for approximately four years as a law clerk for a Superior Court judge, drafting extensive memoranda on a wide variety of civil and criminal matters. The candidate has argued cases before the Commonwealth, Superior and Supreme courts of Pennsylvania in cases covering multiple areas of law. He possesses sufficient skills as a litigator, including knowledge and experience regarding courtroom procedures and protocols. Among his peers, the candidate is viewed as hard working, honest and committed to equal justice, fairness and impartiality in the judicial system. The candidate has contributed to the legal profession by serving in leadership capacities for various bar associations. He also is actively involved with charitable organizations within his community. Based on all the qualifications above, the commission recommends the candidate for election to the Commonwealth Court of Pennsylvania.
Read the candidate’s questionnaire.
See the candidate’s signed Judicial Candidate’s Pledge.
Joshua G. Prince
Rating: Not Recommended
The candidate has practiced law since 2009, first working in a general law practice for approximately two years before forming his own law firm. The candidate has developed a practice focused on civil rights litigation and administrative law, areas in which he also writes and teaches. The candidate has appeared before the bench in both civil and criminal matters in state and federal courts. The candidate has a record of community involvement and is held in high regard by colleagues and peers in the community and the bar. This background notwithstanding, the commission finds that the candidate lacks the depth and breadth of experience and preparation necessary to take on the commanding role of judge on the Commonwealth Court and, as a result, does not recommend his candidacy at this time.
Read the candidate’s questionnaire.
See the candidate’s signed Judicial Candidate’s Pledge.
Judge Matthew S. Wolf
Rating: Recommended
The candidate has served on the Philadelphia Municipal Court since 2018. He has adjudicated civil and criminal matters and has served as the Civil Division supervising civil judge. He has been a leader in seeking to clarify, create and improve rules and processes within the Municipal Court. Prior to joining the Municipal Court, the candidate practiced for more than 20 years as a plaintiff’s litigation counsel in numerous legal actions, many involving employment and civil rights cases. His writing is clear and concise. The candidate has a history of public service. He served in the U.S. Army and the Pennsylvania National Guard. Based on the qualifications summarized above, the commission recommends the candidate for election to the Commonwealth Court of Pennsylvania.
Read the candidate’s questionnaire.
See the candidate’s signed Judicial Candidate’s Pledge.
Founded in 1895, the Pennsylvania Bar Association strives to promote justice, professional excellence and respect for the law; improve public understanding of the legal system; facilitate access of legal services; and serve the lawyer members of the state's largest organized bar association.
Editor’s note: Additional information about the PBA JEC can be found on the PBA website, www.pabar.org, and the association’s voter information website, www.pavotesmart.org.