Penn State Board of Trustees Chairwoman Cynthia Baldwin is one step away from taking a seat on the state Supreme Court.
The state Senate Judiciary Committee voted 12-1 yesterday to recommend Baldwin's nomination to the full Senate, where she would need a two-thirds vote to be confirmed as a justice on the state's highest court.
During yesterday's hearing, which lasted slightly less than an hour, Baldwin presented details about her background to the judiciary committee. Committee members then asked her questions about her experience before they voted.
State Sen. Jay Costa Jr., D-Allegheny, the minority chairman of the judiciary committee, said the committee evaluates nominees based on their experience, temperament and qualities they would bring to the bench.
"She was very relaxed and very eloquent in describing her life experiences," Costa said. "She really won over the committee."
State Sen. Charles Lemmond, a Republican who represents Pike, Wayne and Wyoming counties, as well as parts of Luzerne, Monroe and Susquehanna counties, and serves as the committee's vice chairman, said he spoke during the hearing about Baldwin's interest in the community and her experience.
"I think, in the rarified atmosphere of the Supreme Court, she will do very well," he said.
The committee's lone dissenting vote came from state Sen. Jeffrey Piccola, R-Dauphin. Piccola has said Baldwin's status as a Penn State trustee would put her in violation of the Code of Judicial Conduct if she were confirmed as a justice, because she might be in a position to hear cases that involve Penn State. Piccola said he read the code out loud during yesterday's hearing.
"The issue is the appearance of impropriety based on what the cannons say," Piccola said.
Lemmond said that during the hearing, Baldwin expressed her willingness to excuse herself from hearing a case if she felt it posed a conflict of interest.
"He had the same concerns," Lemmond said in reference to Piccola, "that there might be a conflict because Penn State is involved in a large number of lawsuits. There were no statistics on either side to say if that was true."
Lemmond said that Baldwin handled Piccola's questioning very well and that she was "cool, confident and respectful."
The vote of the full Senate on whether or not to confirm Baldwin could occur as early as today. Costa said the vote would occur today unless the Senate got bogged down with other issues, adding that he expected her to be "confirmed overwhelmingly."
Piccola said he would state his reasons for casting a "no" vote against Baldwin when her name is brought up for the consideration of the full Senate. He said he thinks that she will be confirmed and that "she is a good candidate."
"I just think she needs to read those canons the way they were intended," Piccola said. "The court needs to take seriously these rules that they promulgated."
Costa said today is the last day the Senate will be in session until March 13, adding that if Baldwin is confirmed today, she could begin hearing cases by Feb. 27.
Baldwin could not be reached for comment by press time yesterday.

