Five apply to replace Bell on Court of Appeals

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For Baltimore attorney M. Natalie McSherry, the possibility of serving on Maryland’s highest court was too good to pass up.

“It’s not that I want to give up a [law firm] partnership,” said McSherry, of Kramon & Graham PA in Baltimore. “I do feel that I have something that I could offer on the Court of Appeals: the perspective of somebody coming right from private practice.”

McSherry spoke Thursday after emerging as the only non-judge among five applicants for the seat Chief Judge Robert M. Bell will leave vacant when he hits the mandatory retirement age of 70 on July 6.

The other four on the list, which became final Wednesday afternoon, are intermediate Court of Special Appeals judges Stuart R. Berger, Albert J. Matricciani Jr. and Shirley M. Watts; and Baltimore City Circuit Judge W. Michel Pierson. From this list, the Appellate Judicial Nominating Commission will submit its candidates to Gov. Martin O’Malley on June 20.

O’Malley’s practice is to select a judge from the commission’s list, but he can disregard that slate, which he might do if he has a Baltimorean in mind for chief judge.

Pierson, like McSherry, said an opportunity to serve on the Court of Appeals was enticing.

“It’s the highest court in the state, and it would be a great honor to sit on the court,” he said.

Berger declined to comment on his application out of “respect for the appointment process.”

Watts and Matricciani did not return telephone messages seeking comment.

Under the state constitution, Bell’s replacement on the bench — but not necessarily as chief judge — must go to a Baltimore resident, as he holds the city’s judicial-district seat on the Court of Appeals.

Bell’s pending departure, in addition to creating a vacancy on the seven-member court, will enable O’Malley to appoint the next chief.

If his choice for the Baltimore seat is not also his pick for the court’s top slot, O’Malley will have to choose the chief from among the court’s current judges: Mary Ellen Barbera, Clayton Greene Jr., Glenn T. Harrell Jr., Lynne A. Battaglia, Sally D. Adkins or Robert N. McDonald.

Attorney Ralph S. Tyler, a close confidante of O’Malley and a partner at Venable LLP in Baltimore, surprised many in the legal community by not applying for the Court of Appeals judgeship.

“I’m very happy doing what I’m doing,” said Tyler. “I’m very pleased to be at Venable.”

Tyler left a lucrative partnership at Hogan & Hartson LLP (now Hogan Lovells) in 2004 to become city solicitor during then-Baltimore Mayor O’Malley’s administration. Tyler then served as executive director of Gov.-elect O’Malley’s transition team in 2006 and 2007, became his chief legal counsel and later Maryland insurance commissioner.

In 2010, Tyler left the commission to serve as general counsel of the U.S. Food and Drug Administration. He joined Venable in November 2011.