Professional Documents
Culture Documents
February 8, 2015
Via Electronic-Mail
Francis X. OConnor, Esquire
Pennsylvania Bar Association President
Pennsylvania Bar Association
100 South Street
Harrisburg, PA 17101
Re: Pennsylvania Bar Association Judicial Evaluation Committee
Dear Mr. OConnor:
I am disappointed that you chose not to respond directly to my letter of January
28, 2015 (January 28th letter). After 30 years of an unblemished record of integrity and
ethical conduct in the practice of law, I will not stand idly by and allow the Pennsylvania
Bar Association (PBA) Judicial Evaluation Committee (JEC) to tarnish my reputation.
The JECs ultimatum that I withdraw my candidacy for Pennsylvania Supreme Court
Justice because the PBAs self-appointed evaluation committee objected to a truthful,
and legally protected political advertisement, notwithstanding my qualifications,
accomplishments and high recommendations, is unjustified, unconscionable and in
violation of my Constitutional First Amendment Rights and contrary to the PBAs Articles
of Incorporation.
The Commonwealth of Pennsylvania has been beset by numerous recent ethical
scandals. The resignation of Treasurer McCord is just the latest in a series of political
tragedies. Sadly, our legal community and court system has not been immune. The
conviction of Joan Orie Melvin and resignation of Justice Seamus McCaffery as well as
the scandal surrounding the unconscionable imprisonment for profit of adolescents in
Luzerne County has, in my opinion, severely shaken public confidence in the law and
our courts.
For these reasons, I believe it is more vital than ever for all segments of our legal
community to act in the most ethical and professional manner. We must operate fairly
and with dispassionate, unbiased due process for all. And we must to do so in an open
manner to restore public confidence. However, the JECs insistence on what it calls
confidentiality, has replaced truth for secrecy. Confidentiality can be an important part
of a legitimate process of evaluation. Confidentiality can allow for a frank and open
discussion to reach an accurate conclusion. The root of confidentiality is confidence,
as in the confidence that the parties involved will work together in good faith. The JEC
has demonstrated through its actions that its process has nothing to do with
confidence it is secrecy used to hide inappropriate conduct. I have a significant
amount of evidence to support that conclusion and I will not remain silent.
In my opinion, the PBAs JEC has chosen to function in an unethical,
unprofessional and less than forthright manner with respect to its review of my
candidacy for the Pennsylvania Supreme Court. This inexcusable behavior has been
To that point, in over 30 years of work in our legal system I have never been
sanctioned, sued nor subject to complaint regarding my work in the law. After serving
as an assistant counsel for the Pennsylvania Labor Relations Board, I clerked for
Commonwealth Court President Judge Craig, a man of unquestioned integrity and
honor. I have attempted to model my career based on Judge Craigs exemplary
professionalism and integrity. I have worked at national law firms, at my own law firm,
served as a mediator, tried cases, lectured and authored a book, scholarly articles on
the law as well as general interest articles and book chapters.
In my service to the people of Pennsylvania on the Commonwealth Court, I have
never been subject to any official complaint or sanction. In the past year, I was the
author of nearly half of the Commonwealth Courts national opinions as cited by The
Legal Intelligencer.
In 2011, the JEC recommended me for Commonwealth Court Judge based on
my intelligence, writing ability, administrative experience, judicial temperament . . .
good character, integrity and an excellent work ethic.
This year, the JEC investigators asked me for five references. I furnished them
the names and telephone numbers of a sitting Pennsylvania Supreme Court Justice, a
Anne Covey
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