Pa. Sen. Jeffrey Piccola, R-Dauphin, said yesterday that Penn State Board of Trustees chairwoman Cynthia Baldwin should resign from the board because of her pending nomination to the state supreme court.

Piccola, a member of the senate judiciary committee, said Baldwin would be in violation of three subsections of the Code of Judicial Conduct if she were confirmed as a state supreme court justice.

According to the one subsection of the code, if a judge is involved in another organization that may come before the court and be engaged in proceedings, then that judge should not serve in the other organization. Piccola said Penn State could be a litigant in any number of cases in Pennsylvania, given the amount of commonwealth campuses across the state.

"It's pretty clear that an institution like Penn State has the prospect of having litigation come before courts here in Pennsylvania," Piccola said. "It really raises questions as to whether she should be on any court and serve as a trustee."

Penn State spokesman Bill Mahon said it would not be a problem for Baldwin to serve as a justice and a trustee.

"It's unfortunate that the senator would make that kind of statement," Mahon said. "There is no state law that prevents her from serving in this position. She would not put herself in any kind of inappropriate position with the courts and her role serving Penn State."

Piccola said as a member of the judiciary committee, he was able to interview Baldwin on Monday, and asked her if she was willing to step down from the board.

"She did indicate that she would reread the [code], think about the issue and perhaps reconsider," Piccola said. "She didn't give me any clear indication that she was prepared to do one thing or the other."

Another potential violation of the code, said Piccola, is that judges should not be involved in any fundraising. Because Baldwin is an ex-officio member of several of the board's committees, Piccola added, there is an appearance that she could be involved in fundraising.

According to the code, a judge should not "use or permit the use of the prestige of his office" to solicit funds for any educational, religious, charitable, fraternal, or civic organization. However, the code also says, "he may be listed as an officer, director, or trustee of such an organization."

Baldwin is also in violation of the code, said Piccola, because the guidelines on extra-judicial appointments say that judges not should serve on any governmental organization.

According to the code, "a judge should not accept appointment to a governmental committee, commission, or other position that is concerned with issues of fact or policy on matters other than the improvement of law, the legal system, or the administration of justice."

Because Baldwin was a gubernatorial appointee to the board this guideline applies to her, Piccola said.

"They're not supposed to be taking appointments for other purposes," Piccola said, adding that he does not intend to file a complaint. "I'm just suggesting that the Supreme Court needs to live by the rules that it promulgates," he said.

Piccola also suggested that Justice Ralph Cappy, who is the chair of the University of Pittsburgh board, step down for the same reason as Baldwin.

The judiciary committee is tentatively scheduled to hold a hearing on Baldwin's nomination Feb. 14.