6 seek judicial seats
By David Hurst, dhurst@altoonamirror.comEBENSBURG - Six attorneys are vying for two judicial seats in Tuesday's primary.
With all contenders cross-filing, Cambria County already could have chosen its newest judges by the time the dust settles Tuesday night and results are counted.
It's the first time two seats have been up for grabs in well over a decade in Cambria County, home to five judicial seats.
The winners will fill seats being vacated by President Judge Gerard Long and now senior Judge F. Joseph Leahey, who are both 70, the mandatory state retirement age for judges.
The hopefuls are Attorney David Beyer, 45, of Cambria Township; Timothy Burns, 36, of Richland Township; Linda Rovder Fleming, 46, of Richland Township; Gary Jubas, 49, of Barr Township; Cambria County District Attorney Patrick T. Kiniry, 62, of Richland Township; and Margaret A. O'Malley, 49, of Westmont.
A win for Fleming or O'Malley, or both, would be a historic one in the county, marking the first time a woman was elected judge.
The contenders have touted their backgrounds, qualities and community service records in their quests to earn judgeships.
Beyer, with an Ebensburg law office, has stressed his blue-collar background and says his trial experience in all fields and years handling thousands of domestic relations cases have prepared him for a judgeship.
Until kicking off his judicial campaign, Beyer was one of four county court-appointed Domestic Relations hearing officers, presiding over - and issuing opinions on - divorce, custody and support cases.
Beyer has pledged to deliver "stiffer sentences" to drug dealers and child abusers in campaign ads, although he concedes "every case is different" and there are also sentencing guidelines to follow.
"What's keenly important is that a judge is fair, has integrity, the right temperament and experience," said Beyer, saying he's shown that during his years as a domestic relations hearing officer.
While Burns is the field's youngest candidate, he says he's handled every type of case in the field during his 10 years of practicing law.
In recent years, he fought alongside local residents to save the Roxbury Bandshell in Johnstown, crafted a sex offender ordinance representing East Wheatfield Township last year - believed to be among the strictest in the state on where offenders can reside - and secured a judgment against a pastor from the "Jesus Saves" church accused of running off with thousands in church funds.
Burns also worked nearly five years as a law clerk for now-senior Judge Thomas Swope and interim Judge James DiFrancesco.
"This is about electing two judges who can serve the people of Cambria County in a fair and impartial manner, regardless of who their attorney is," said Burns, who has an Ebensburg law office.
Fleming, with a Richland Township office, has stressed her broad range of experience in the courtroom.
She formerly worked as a public defender but describes herself as a strong family advocate who has spent much of her more than 21 years in law "helping families through some of their most difficult times."
"What separates me," she said, "is my experience as a family law attorney - and the complexity of the cases I've handled."
Jubas has worked as a part-time district attorney in Cambria County for 17 years, and on cases including convicted rapist Rickie Gaddis, whose trial led to a 200-year sentence.
The Northern Cambria- area native also points to his accomplishments in his private practice, including a local couple's successful fight against a doughnut chain to retain their Krispy Kream Drive-in name for an ice cream business.
He also touts his 14 years of teaching law at the University of Pittsburgh at Johnstown and St. Francis University and years working as a law clerk with Judge Eugene Creany.
Kiniry has pointed to his lengthy resume of experience: more than 32 years in the District Attorney's Office - the last four as district attorney, and decades as a private practitioner.
In his more than 36 years as an attorney, Kiniry says he worked 33 years in family law, estates, trusts and personal injury work.
As a prosecutor, Kiniry handled the "chop shop" cases that used wire tapping - a first in state court at the time - and secured life sentences for convicted double murderers Nathan Fortson and Larry Christy and others.
As district attorney, he established a "major case team" with state police and local departments to cooperatively handle homicides and a countywide DUI Task Force, and he established a county Sexual Predator Unit in recent years.
"The judges in our county spent at least half of their time handling criminal law, so you have to have some degree of experience there," said Kiniry, adding that hopefuls need a broad level of courtroom experience to be a solid judge. "I bring more experience to the bench than any of the other candidates."
This is O'Malley's second run at a judgeship, spending more than $270,000 - a record here - in an unsuccessful bid a few years ago.
O'Malley has cited her 25 years of courtroom experience and years as a mediator on state and federal cases as preparation for a judgeship.
She says her years as a mediator, early neutral evaluator and arbitrator for the U.S. Court in Johnstown could be put to use in Cambria's court.
"Any dispute can be mediated, which can help cases move through more efficiently and cheaply," O'Malley said, noting that it is particularly successful in domestic relations cases.
All six contenders have touted their work in the community.
Among them, Beyer is a longtime Little League coach, Burns is active with the Bandshell group and serves as solicitor for the Challenge Program, Fleming teaches legal and adult education programs and Jubas is a PIAA District VI umpire and is a member of the board for the Cambria County Association for the Blind & Handicapped.
Kiniry has served as solicitor in his hometown, Richland Township, and O'Malley is active in numerous sportsmen groups as well as a board member for ArtWorks in Johnstown and Conemaugh Health Initiatives.
Cambria Elections Director Fred Smith expects that 38 percent to 40 percent of the county's voters will cast ballots Tuesday.
"All of the candidates are getting their messages out. You're seeing a lot in the media," Smith said, noting that pushes to get voters to the polls also are high. "Right now, you've got six Democrats out there trying to secure a GOP nod. It could be interesting Tuesday night."
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05-19-09 5:39 PM
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The lack of response's here show how disgusted the common man is of politics as usuall. The Canditates are all lawyers. STrike one, and 2 foul balls. One is using the old line " I'll get tougher on crime"...[["YAWN"]]....Ya, we need more people in our already overstuffed prisons. And clearly history has shown, ( 22 years ), that incarcerating drug addicts is not the answer. But who heeds history. It's about new prisons, new guards, and job security for the Judge. Strike 2, & a foul ball for stupidity. Thus, no fresh ideas, business as usuall, Strike three, there out. Oh, the 4th ball? I am saving for a lawyers head.
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