Sun article, 21 December 1995

The Sun

Attorney enters race for judge
Cohen says husband of candidate sought to dissuade him

by James M. Coram SUN STAFF The Baltimore Sun

December 21, 1995 Page(s): 1B
Edition: HOWARD SUN
Section: METRO
Length: 865 words
Index Terms:
Howard County

Record Number: BSUN427169

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Long-time Columbian and Pikesville attorney Jay Fred Cohen has joined the race for Howard County Circuit Court judge -- a decision he says was prompted by
attempts of television personality Dick Gelfman, the husband of another candidate, to dissuade him from running.

Mr. Cohen, 62, filed for the judgeship Dec. 15, becoming the third candidate to challenge Circuit Judges Donna Hill Staton and Diane O. Leasure in the March 5
primary.

Gov. Parris N. Glendening appointed the two women in October to ensure gender and racial diversity on the circuit bench. Ms. Leasure is the county's first female
circuit judge, and Ms. Hill Staton is the county's first black circuit judge.

Mr. Gelfman's wife, District Judge Lenore Gelfman, and Columbia lawyer Jonathan Scott Smith entered the race last month, saying they have more experience than
the two new judges.

But Mr. Cohen said he has more experience with all types of law than those four -- and most sitting judges. "I've been in private practice 35 years," trying aviation,
real estate, bankruptcy and criminal cases in district and circuit courts throughout the state, he said.

"I've seen good judges and I've seen bad," he said. "My temperament is better. I'm a better listener. I have more experience, and I would do a better job" than the
circuit judges and their challenges.

Mr. Cohen said other lawyers, including some in Howard County, recently suggested he run for circuit judge, because the local bar association is so split between
those supporting Judges Hill Staton and Leasure and those backing Judge Gelfman and Mr. Smith.

During those discussions this month, "Dick Gelfman called and tried to persuade me not to do it," Mr. Cohen said. "That convinced me" to enter the race.

Mr. Gelfman, who works for WJZ-TV in Baltimore, acknowledged that he heard that Mr. Cohen might enter the race and called to check it out. "He told me he had
thousands and thousands of people who would work for him," Mr. Gelfman said. "It was not a very rational conversation.

"He said he had nothing to lose -- that he could serve eight years till mandatory retirement age and then get a good pension. I have never seen him at community
events. I told him I thought he was perhaps overreaching."

Mr. Cohen bristled at the suggestion that he might be entering the judge's race for monetary reasons. "I didn't say anything {to Mr. Gelfman} about money," he said.
"I make more money as an attorney than I would as a judge -- which I see as a civic duty."

It's not the first time Mr. Gelfman and Mr. Cohen have been on opposite sides.

Yesterday, Mr. Gelfman questioned Mr. Cohen's association with some clients. Mr. Gelfman said that, in his job as a consumer complaint reporter on television, he
interviewed two of Mr. Cohen's clients several years ago after the pair had been accused of charging exorbitant rates on loans to the poor. "Those complaints led to
an investigation," Mr. Gelfman said.

Mr. Cohen called the mention of his former clients "outrageous," saying, "Everyone is entitled to representation." He now advises clients not to appear on television
unless the show is live, he said. "They cut you up and down out of context," he said. "They can make you look bad whether you are good or bad."

This is the second time Mr. Cohen and Ms. Gelfman have sought the same judgeship. Mr. Cohen wanted to become a District Court judge in June 1989, but Ms.
Gelfman was appointed and was sworn in on Aug. 31, 1989.

In a poll conducted then among members of the local bar, Mr. Cohen received three votes as well-qualified, 15 as qualified, nine as not qualified and 41 as
unknown. A local nominating committee did not include him on the list it recommended to the governor.

Mr. Cohen attributes that to the fact that he is not a member of the county bar and not well-known to local attorneys except those who are aviators. He is a former
president of an international bar association made up of pilots.

Mr. Cohen said his experience on panels hearing medical malpractice cases has convinced him that he would be a good judge.

Marvin Ellin, a Baltimore attorney specializing in malpractice issues, agreed. He appeared before Mr. Cohen three or four years ago when Mr. Cohen was head of a
malpractice arbitration panel.

"The case was very complex, lasting eight days, and he made a lot of complex rulings," Mr. Ellin said. "I was most impressed with his knowledge of the law. He has
good temperament. I have no reason to think he would not do a very good job" as a circuit court judge.

Mr. Cohen said some Howard lawyers tell him privately they plan to vote for him although they are publicly committed to other candidates. He said about 40
members of a local pilots' group plan to campaign for him.

Caption:
PHOTO

Caption: Lawyer: Jay Fred Cohen has been in private practice 35 years.