Senate confirms Toothman as judge in Greene

7/2/2009 3:32 AM

By Bob Niedbala, Staff writer

niedbala@observer-reporter.com

As a young man, Farley Toothman never really thought of following in the footsteps of his father, the late Glenn Toothman Jr. who served for 20 years as judge of the Greene County Court of Common Pleas.

On Tuesday, however, Toothman was confirmed in a unanimous vote by the state Senate to fill a vacancy on the court created by the retirement of Judge H. Terry Grimes.

"Being a judge was never a singular goal for me," Toothman said Wednesday. It was something, he said, he only began to contemplate when he started practicing law full-time.

"There are times in the life of every attorney, who on behalf of his client, would wish to have the decision that is before the judge," he said.

But it was only when Grimes announced his retirement in November, Toothman said, that he made the decision that being a judge would be a "good fit" for him.

Toothman was nominated for the position in March by Gov. Ed Rendell. Six other local attorneys also submitted letters seeking the nomination.

The Senate vote Tuesday came several hours after a hearing on the nomination before the Senate Judiciary Committee. Sen. J. Barry Stout, D-Bentleyville, introduced Toothman to the committee and spoke in his support.

The committee unanimously voted to refer Toothman's nomination to the Senate Rules and Executive Nominations Committee, which brought the matter to a full Senate vote.

"I am fully aware of the honor and responsibility bestowed upon me by Gov. Rendell's nomination and the Senate's confirmation," Toothman said.

"Having been unanimously recommended by the Judiciary Committee and then unanimously confirmed by a bipartisan effort of the Senate is especially an honor," he said.

Toothman will be sworn in during a public ceremony at noon July 10 at the courthouse. He will serve as judge until January 2012, and will have to run in 2011 for a full term. He said he intends to seek a full 10-year term.

Toothman, 54, has served as Greene County solicitor since 2004. He is also solicitor for Greensboro and Waynesburg boroughs and maintains a private practice.

From 1996 to 2003, Toothman served two terms as a county commissioner. Prior to that, he was a partner in private practice with his father and brother.

Toothman said for much of his career, as a commissioner and a solicitor, he has been involved in mediation, "recognizing the strength of two adversarial positions and finding a common theme you hope unites both parties."

The importance of finding common ground is something that also often holds true in the court system, he said, during trials as well as in handling administrative duties with children and youth issues and family and civil matters.

Toothman's legal practice has primarily focused on what he calls "public law" in his position as a solicitor for the county and for municipalities.

Working in areas of the law that include contracts, property assessments and elections, to name a few examples, has not regularly brought him into the courtroom, he said.

Toothman admitted he has much to learn in regard to criminal court matters and civil court procedures. "But I look forward to learning the rules and applying them, and I look forward to working with members of the bar," he said.

"I'm a quick learner, and I will be an active student," Toothman said, adding that he believes he will bring to the position the ability to be fair, firm and unbiased.

"I am a good forgetter," he said. "I'm able not to consider events of the past that aren't before me now." In regard to being firm, Toothman said he understands the importance of "a strict interpretation" of the law, particularly in criminal matters.

"I'm committed to the institution, and I respect its history, and I'm fully aware of the honor and responsibility being provided to me right now," he added.

Toothman said he has talked to President Judge William Nalitz about his confirmation and it has not been decided whether he will be handling civil or criminal matters.

"I'd like the opportunity of doing a little bit of everything, which I think is important in a two-horse county," he said.

Toothman said that though his father never groomed him to be judge, he believes his father would be proud of him becoming one. He said his mother, Katherine, a retired school teacher and business owner, also has had a big influence on his life.

"I always say I stand on the shoulders of my parents," he said. "I was brought up in a family that was committed to genuine public service."

Toothman said he now looks forward to serving the people of Greene County, this time, in the role of judge.

A graduate of Waynesburg University and Duquesne University's School of Law, Toothman and his wife of 23 years, Ingrid, have four children.

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