PBA Judicial Evaluation Commission Recaps Its Ratings of Appellate Court Candidates

HARRISBURG, Pa. (Sept. 25, 2023) — In a few weeks, voters will be casting ballots to fill one seat on the Supreme Court of Pennsylvania, two seats on the Superior Court of Pennsylvania and one seat on the Commonwealth Court. Voters also will be deciding whether to retain two judges on the Superior Court of Pennsylvania.

To better inform voters about the candidate in this statewide election, the Pennsylvania Bar Association Judicial Evaluation Commission (PBA JEC) is reissuing its ratings and descriptive paragraphs for all appellate court candidates appearing on the Nov. 7 ballots.

“Our nonpartisan commission has a sole mission to providing voters with an objective evaluation and rating for each candidate,” said PBA JEC Chair Charles Eppolito III, a past PBA president. “Our commission only recommends candidates it finds to have the legal ability, experience, integrity and temperament needed to provide satisfactory or outstanding levels of performance on our state’s highest courts.”

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

SUPREME COURT OF PENNSYLVANIA

Highly Recommended

Judge Carolyn T. Carluccio (Montgomery County)

Judge Daniel D. McCaffery (Philadelphia County)

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

COMMONWEALTH COURT OF PENNSYLVANIA

Recommended

Megan L. Martin (Cumberland County)

Judge Matthew S. Wolf (Philadelphia County)

These are the definitions of ratings used by the JEC for competitive candidates seeking to fill vacancies on the appellate courts:

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 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 her or his qualifications and reached consensus on each candidate’s rating.

Ratings of Retention Candidates

SUPERIOR COURT OF PENNSYLVANIA

President Judge Jack A. Panella – Recommended for Retention

Judge Victor P. Stabile – Recommended for Retention

Because retention elections require only a “yes” or “no” vote of the public, the commission rates retention candidates either as “recommended for retention” or “not recommended for retention.”

The PBA JEC based its ratings for each retention 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 past 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 the results of their investigations.

During a second phase, commission members reviewed the questionnaires and written options, as well as the investigative panel reports, and interviewed the panel chairs before rendering their own evaluation and recommendation.

All of the PBA JEC-rated candidates have signed the Judicial Candidate’s Pledge, which references Judicial Campaign Advertising Guidelines, that state they and their campaigns will observe standards of conduct consistent with the integrity, impartiality and independence of the judiciary, and that they will observe those standards in their campaign advertising.

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 Allegheny 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 Paragraphs and Questionnaires of Candidates Seeking to Fill Vacancies

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 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.

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 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 Bar Association 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.

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.

Ratings Paragraphs and Questionnaires of Candidates Seeking Retention

SUPERIOR COURT OF PENNSYLVANIA RETENTION CANDIDATES

President Judge Jack A. Panella

Rating: Recommended for Retention

The candidate is currently the president judge of the Superior Court and has served on that court for nearly 20 years after having served as a trial judge for 12 years. He is extremely well regarded by his colleagues and has an excellent reputation for high moral character, integrity and professionalism. His legal opinions are well-written and well-reasoned. He is known to have an exceptional judicial temperament, to be well-prepared and to treat everyone fairly and with respect. The candidate possesses outstanding administrative skills. For the reasons stated above, the commission recommends the candidate’s retention as a judge on the Superior Court of Pennsylvania.

Read the candidate’s questionnaire.

See the candidate’s signed Judicial Candidate’s Pledge.

Judge Victor P. Stabile

Rating: Recommended for Retention

The candidate has served on the Superior Court of Pennsylvania for the past 10 years, having first been elected to the bench in 2013. The candidate is highly regarded by his peers and is described by lawyers and judges alike as having a positive judicial temperament and broad legal knowledge. The candidate’s judicial opinions are uniformly well-reasoned and thorough and his decision to seek retention after a decade on the bench is reflective of his longstanding dedication to the profession. For the reasons stated above, the commission recommends the candidate’s retention as a judge on the Superior Court of Pennsylvania.

Read the candidate’s questionnaire.

See the candidate’s signed Judicial Candidate’s Pledge.

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.