Six candidates chasing two Cambria judgeships

EBENSBURG May 10, 2009 12:02 am

— Cambria County’s intense judicial battle heads into the homestretch this week with six contenders seeking voter support.
It’s one of the most important judicial elections in years, with two judge seats to be filled. President Judge Gerard Long steps down this year, while Judge F. Joseph Leahey is retired but continues to serve in a senior capacity.
And this election could result in the first woman to serve on the bench in Cambria County.
Linda Rovder Fleming, 46, whose home and office are both in Richland Township, and Margaret A. O’Malley, 49, of Westmont, with a law office in Johnstown, are both hoping the honor goes to them.
They are joined as candidates by David L. Beyer, 45, of Cambria Township, with a law office in Ebensburg; Timothy S. Burns, 36, of Richland Township; Gary Jubas, 49, of Barr Township, with a law office in Ebensburg; and Patrick T. Kiniry, 62, of Richland Township, Cambria’s full-time district attorney.
The six candidates, all registered Democrats, have cross-filed for both the Democratic and Republican nominations. If the same two candidates win both nominations, the seats essentially would be won in the primary.
The candidates are reaching out to voters through personal appearances, television and newspaper ads, billboards and yard signs.
They have been emphasizing their legal experience and their ties to the community.
‘Experience’ factor
The big issue emerging from the campaign has centered on the experience each candidate would bring to the office.
“There’s a broad range of experience levels from a candidate with 41/2 years experience to someone who’s been practicing law for 36 years, but I’m not sure that message is getting through to the voters,” Fleming said. “It’s up to the voters to determine who really has the experience.”
Burns suggested that voters need to consider “who will represent the voters of Cambria County and who is competent to fulfill the duties of a judge.”
Although the youngest contender, Burns said that he has 10 years of experience, including working as a judicial law clerk before opening his own practice.
Kiniry, the veteran in the field with more than 30 years as an attorney, has been touting his “unmatched experience” in speeches and messages to the voters. He not only has been a prosecutor – the past four years as the county’s district attorney – but also a general practitioner who has handled a wide range of civil matters, including municipal law, during 25 years as Richland Township’s solicitor.
Some questions have been raised about Kiniry’s age, which would preclude him from completing the 10-year term to which judges are elected. But Kiniry points out that he plans to continue to serve the public as a senior judge. Under Pennsylvania law, county judges must retire in the year they reach 70, but they may continue to serve as senior judges until age 75.
The last three Cambria judges who reached the mandatory retirement age while in office – Leahey, Thomas Swope and Eugene Creany – all went on to become senior judges.
Long is retiring in December at the end of his 10-year term and has not yet indicated whether he will serve as a senior judge.
Raising the bar
The only controversy that emerged during the campaign centered on the county bar association’s ratings on the judicial candidates.
Burns, who drew a “not presently recommended” rating, was highly critical of the secret-ballot vote. He suggested that a small number of lawyers were behind his negative rating.
Other contenders and the association itself said that the balloting was fair and followed the same guidelines set up by the Pennsylvania Bar Association for rating candidates for state judgeships.
Ultimately, the Cambria County Bar Association said 119 of 205 members, or 58 percent, participated in the voting.
Kiniry drew a “highly recommended” rating, while Fleming and Jubas both were “recommended.” Beyer and O’Malley received no rating because they did not get a 70 percent vote of the ballots cast in any category.
Fairness and the law
In discussing what the role of a county judge is, the six candidates talked about a jurist showing fairness and impartiality.
Beyer said that the key thing for a judge to be is fair. “Everybody needs to be and wants to be treated fairly.”
Fleming said, “A judge has to know the law ... and make sure the courts operate smoothly and efficiently.”
O’Malley said that a judge “needs a thorough understanding of the law, a thorough understanding of administrative procedure and a calm judicial demeanor.”
Burns said a county judge needs “to follow the law, uphold the law and be a public servant of the people.”
Jubas said, “A judge needs to temper the judicial process with compassion and understanding and help the people through a difficult time of their life.”
Kiniry described the judge as “a decision-maker. ... A judge has to decide which facts he believes and apply the applicable law and make a decision to resolve the conflict.”

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