Baltimore County Circuit Court Judge openings not advertised 

Posted: 8:08 pm Wed, December 2, 2009
By Danny Jacobs
Daily Record Legal Affairs Writer

In an atypical move, Gov. Martin O’Malley filled two vacancies on the Baltimore County Circuit Court Tuesday without first advertising the position.

Defense lawyer John J. Nagle III of Bodie, Nagle, Dolina, Smith & Hobbs LLC in Towson and S. Ann Brobst, an assistant state’s attorney, were selected to replace Judges Lawrence R. Daniels and John O. Hennegan, respectively.

O’Malley selected Nagle and Brobst from an existing candidate pool of finalists selected to replace Judge Dana Mark Levitz, who retired at the end of last year and whose position was advertised last fall. Judge Sherrie R. Bailey filled that position in April.

Under a 2008 executive order, a governor can “appoint a person to fill a vacancy from any list of candidates submitted during the preceding two years” by a judicial nominating commission.

O’Malley interviewed in the spring each of the nine finalists for Levitz’s seat. A spokeswoman for the governor said O’Malley felt comfortable choosing from the remaining eight candidates rather than advertising the positions.

“This was a strong candidate pool and a good list of people,” said Christine Hansen.

Elizabeth F. Harris, O’Malley’s chief legal counsel, said the governor has taken the same action in other jurisdictions with large candidate pools he has recently interviewed. Circuit court judges Leo E. Green Jr. in Prince George’s County, Marcus Z. Shar in Baltimore City and Richard E. Jordan in Montgomery County were all selected from existing candidate pools between August 2008 and March 2009, she said.

O’Malley also appointed Judge Albert J. Matricciani Jr. to an at-large seat on the Court of Special Appeals in September 2008 from an existing candidate pool, Harris added.

Drake Zaharris, a member of the county’s nominating commission, said Nagle and Brobst both received high marks from various bar associations polled. Zaharris, managing director of Hodes, Pessin & Katz P.A. in Towson, said he was happy O’Malley relied on the commission’s recommendations.

“All nine candidates were really exceptional,” he said. “I think he had all he needed to make a selection.”

Towson lawyer John J. Condliffe was one of 22 applicants for Levitz’s seat but not one of the nine finalists. He declined to say whether he would have applied for Daniels’ and Hennegan’s seats had they been advertised but had no problem with O’Malley’s methodology.

“The need for appointments was urgent in Baltimore County,” said Condliffe, of Shub-Condliffe, Condliffe & Silverstein P.A.

Brobst, 56, has been a prosecutor for 30 years, the last 23 years as chief of the circuit court division overseeing many of the county’s high-profile murder cases. She was in court Monday when she learned O’Malley had called her with the news.

“I was and still am incredibly excited and greatly appreciative,” said Brobst, who will be sworn in Dec. 16.

Nagle, 54, has been with Bodie Nagle since 1981. He focuses primarily on civil litigation, founding and leading the firm’s toxic tort section.

“I’m very happy and very honored to have [O’Malley] place his trust in me,” said Nagle, who has not yet decided when he will be sworn in.

Both Brobst and Nagle will join Bailey in running for a full, 15-year term in next year’s election.