State Sen. Jay Costa Jr., D-Allegheny, said Wednesday that he expects Penn State Board of Trustees chairwoman Cynthia Baldwin, a state Supreme Court nominee, to receive a favorable vote from the state Senate Judiciary Committee.

Last week, state Sen. Jeffrey Piccola, R-Dauphin, a member of the judiciary committee, said that Baldwin would be in violation of the Code of Judicial Conduct if she were confirmed to the state's highest court.

He cited three subsections of the code, which pertain to extra-judicial activities, saying that Baldwin's role as a trustee at Penn State would be in conflict with her role as a justice.

Costa, also a member of the judiciary committee, said he disagrees with Piccola on the issue.

"In my meeting with her, she clearly outlined and demonstrated to me that her understanding of the law and the appropriate canons permit her to serve as a board member, provided that she refrains from certain activities," Costa said. If, for instance, Penn State came before the court as a litigant in a case, Baldwin would be able to abstain from hearing that case, Costa said.

State Sen. Charles Lemmond, a Republican who represents Pike, Wayne and Wyoming counties as well as parts of Luzerne, Monroe and Susquehanna counties, said that he is not familiar with the responsibilities of trustees at Penn State, but that most justices have "outside interests."

"I saw in her enough wisdom that she would not participate in something that was a conflict of interest," Lemmond, who is also vice chairman of the judiciary committee, said. He added that justices could "recuse" themselves from any case in which they saw a potential conflict.

"She's going to have to balance that out, and then make a decision on the path that she wants to follow," he said.

State Sen. Barry Stout, D-Greene, said that he expects Baldwin will be approved by the judiciary committee by a "nearly unanimous vote" and will ultimately be confirmed by the senate.

"That's not uncommon for judges to recuse themselves," Stout said.

Piccola said that the Code of Judicial Conduct was clearly and purposefully written to make sure the integrity of the court was protected.

"If you read the canons, you'll see that it's more than just direct conflicts in a particular case. When you go into court, you expect the judge to be neutral," Piccola said. "When they come to a case where they have a conflict or are even perceived to have a conflict, then the whole image of the court suffers."

He added that there were other provisions of the code, such as one that says "a judge should not solicit funds for any educational, religious, charitable, fraternal or civic organization," which puts Baldwin in a position of conflict, since the trustees are engaged in fundraising. The code states, however, that a judge may be listed as an officer, director or trustee of such an organization.

Multiple calls to Baldwin's office were not returned by press time yesterday.

Baldwin is tentatively scheduled to come before the judiciary committee during the week of Feb. 13. At that time, the senators on the committee will be able to ask her questions as a group, and then vote on whether she should continue to the next step in the confirmation process.

She would need to secure a simple majority from the judiciary committee, which would require favorable votes from seven out of 13 of the senators on the committee. If she receives a simple majority, her name would go to the rules and executive nominations committee, and then to the Senate, where a two-thirds vote would ultimately secure her confirmation.

"My assessment is that she will be reported favorably from the judiciary committee to the full senate," said Costa, adding that currently, senators on the committee are meeting with Baldwin individually for interviews. "What I hear is that she is getting favorable reviews from members, and I think that bodes well for the likelihood that she'll be reported from the committee."

Piccola said that the only leverage he has is his ability to raise the issue publicly and his vote on Baldwin's confirmation. He also said he would raise the issue at Baldwin's hearing in front of the judiciary committee.

"I'm going to make sure the members of the committee are aware what the cannons of judicial conduct are, and ask her if she intends to continue serving [as a trustee], and ask her to justify that," Piccola said.