Q&A: Pa. Superior Court Candidate Daniel McCaffery
"I always keep foremost in my mind that the case before me is the most important matter in the world to the litigants."
October 28, 2019 at 02:00 PM
8 minute read
On Nov. 5, Pennsylvanians are set to decide which two candidates will join the ranks of the state Superior Court. To get a better understanding of each candidate's background and judicial philosophy, The Legal has asked each to respond to a questionnaire touching on a variety of topics important to the legal community.
Responses to the questionnaires are set to be published in the weeks leading up to the general election. This installment comes from candidate Daniel McCaffery, a judge on the Philadelphia Court of Common Pleas.
The following has been lightly edited for style.
1. What makes a good judge?
Empathy, a strong work ethic and the determination to make the correct decision for the right reasons.
2. How would you describe your judicial philosophy?
I always keep foremost in my mind that the case before me is the most important matter in the world to the litigants. Therefore, I demand that the attorneys who appear before me do so prepared, ready to try the case and with the requisite knowledge of the facts and the applicable law. Most importantly, I try to treat each party and their attorneys with dignity, respect and to demand professionalism.
3. What two decisions or cases are you most proud of, and why? Conversely, what two opinions or cases would you like to take back or revise, if you could, and why?
There are no two cases that I am able to single out as most or least proud. In my mind, to do so would diminish the importance of every other case that I have handled throughout my 28-year career. As mentioned above, I try to approach every matter as of equal importance with the understanding that to every litigant, the only outcome that matters is theirs.
4. How have your background, personal experiences and views shaped you as a lawyer or judge?
My parents are Irish Catholic immigrants from Belfast, Northern Ireland. They fled their home to escape religious persecution and sectarian violence in order to provide their children with opportunities not available in Northern Ireland. My father was literally beaten into a coma because of his religion. When he awoke, he lost his job as a printer and as a professional boxer. My parents understood that no one would fight for them so they immigrated to America looking for opportunity and equal treatment and they were embraced by their adopted country and community. My parents raised their children to understand that America gave our family an opportunity to succeed and that we should always be prepared to give back. I joined the U.S. Army at age 18, served on active duty with First Cavalry Division, was selected to attend the U.S. Military Academy at West Point Prep School by the officer corps and ultimately received an honorable discharge. I attended Temple University and its law school on a veterans scholarship while serving in the Army Reserve. I turned down offers from area law firms to accept a position as an assistant district attorney in the Philadelphia District Attorney's Office. I served as a prosecutor from 1991 to 1997, assigned to several units ultimately ending my career in the major trials unit after trying over 50 jury trials and thousands of waiver trials. It was my honor to seek justice for crime victims including sexually exploited children, women who were victims of domestic violence and victims of assaults, robberies and rape. In 1997, I joined a small Montgomery County firm and helped it to grow to over 30 attorneys. I became partner after three years, chaired the litigation department and served on the management committee before being elected to the Philadelphia Court of Common Pleas in 2013. Since my election to the bench, I have presided over thousands of trials including over 200 jury trials, pre- and post-trial motions, PCRAs and have authored over 200 opinions to the Superior Court. My unparalleled experience has resulted in a "highly recommended" rating by the Pennsylvania Bar Association—the only candidate to receive the highest rating. In addition, I have served my community as an active youth sports coach for over 20 years, community activist and volunteer and youth mentor. My overriding desire is to help people. I want to serve and think it is the most important calling one can have. That is why I always work hard to do the right thing and am willing to take a stand on matters of principle, no matter the consequences.
5. How do you differentiate yourself from others seeking to be elevated to the appellate bench?
See answer 4 above. No other candidate has my broad-based experience in both criminal prosecution and civil litigation—both plaintiff and defense. No other candidate has as much trial experience as a trial attorney or trial judge.
6. Does Pennsylvania need a separate court of criminal appeals to divide the massive workload of the Superior Court?
No. The Superior Court, as currently constituted, consistently issues well-thought-out, clear, concise and timely opinions on all matters, both criminal and civil. That said, the current caseload for each judge is massive and this question may be better posed to a sitting Superior Court judge.
7. What is the greatest threat to the practice of law or problem the profession faces?
The greatest threat to the practice of law and our profession is the constant political attacks leveled against the integrity and independence of the judiciary. When members of the executive, the legislature or members of the bar publicly question the integrity of the courts or politicize its decisions, their comments threaten to influence the decision-making process and undermines the public's confidence in the entire profession and especially the courts.
8. How important is consensus—particularly unanimous consensus—in appellate court opinions and are there limits when a judge should only concur, or should they do it any time they feel like it?
Each judge must decide the case for himself or herself but only after engaging in a fair and impartial deliberative discussion of the facts and applicable law with their fellow panel members. Consensus is always preferable but not necessarily required on any particular manner. No judge should surrender their honest conviction because of the opinion of a fellow jurist.
9. How important is stare decisis and when should a court depart from it?
Stare decisis is a critically important legal principle for any intermediate appellate court judge. Litigants and their attorneys must fully understand the law and its practical consequences. Appellate courts must not lightly disregard existing well-settled authority except for cogent reasons and upon a clear manifestation of error.
10. Does the court need to become more open and accessible to the press and public?
All courts and all court officials should strive to be more open and transparent to the public they serve. The only exception is the deliberative processes engaged in by individual judge so as to shield decisions from outside influence. Nonetheless, courts should, and must, weigh the public's right to access with a litigant's rights to privacy and, in certain circumstances the safety of the parties.
11. What does your party membership say about you and your legal outlook?
Nothing.
12. What factors matter in deciding when recusal is necessary, and would you recuse yourself if a campaign contributor were involved in litigation as a party or attorney before you?
Rule 2.11 of the Code of Judicial Conduct governs recusal. Although the rule establishes the criteria for recusal, the recusal question is largely left to the discretion of the individual judge. Thus, a judge must balance the black letter law with questions of conscience on all matters of recusal. Personally, I believe that the overriding concern on any question of recusal is and should be with protecting the integrity of the courts. The appearance of impropriety should be heavily weighted in favor of recusal whenever an individual judge's impartiality in a matter may reasonably be questioned.
13. Who are your role models and mentors?
My parents. I was taught to treat everyone with kindness and to follow the Golden Rule: "Love God above all else and do unto others as you would have them do unto you." This philosophy may sound simple in verse but is complicated in practice. I try to apply them to everyone in all things.
More from the Pennsylvania Superior Court candidates:
Q&A: Amanda Green-Hawkins
Q&A: Megan McCarthy King
Q&A: Christylee Peck
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllMatt's Corner: Court of Judicial Discipline-Presumed Prejudicial Delay
3 minute readEthical Considerations in Representing an Organizational Client and Its Constituents
4 minute readTrending Stories
- 1Trump's SEC Overhaul: What It Means For Big Law Capital Markets, Crypto Work
- 2Armstrong Teasdale's London Creditors Face Big Losses
- 3Texas Court Invalidates SEC’s Dealer Rule, Siding with Crypto Advocates
- 4Quinn Emanuel Has Thrived in China. Will Trump Help Boost Its Fortunes?
- 5Manufacturer Must Provide Details Surrounding Expert’s Livestreamed Inspection, Fed Court Rules
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250