December 19, 2014

The Court of Common Pleas of Chester County announced that it selected Judge Jacqueline C. Cody as the new president judge. Her term will commence on Jan. 5, and run for a period of five years. Cody will take over from James P. MacElree II, who is finishing his term as president judge that began on January 4, 2010.

Cody is the second female to hold the position. Judge Paula Francisco Ott, now serving on Pennsylvania’s Superior Court, was the first in 2010. However, Cody is believed to be the first Democrat to be elected to the position, according to longtime courthouse observers.

She was appointed to the Chester County Court of Common Pleas in December 1992. She was elected to a 10-year term in 1993, and retained for a second term in 2003. During her time on the bench, she initiated a mediation program for child custody disputes and implemented the Chester County Drug Court, an intensive, rehabilitative program for non-violent drug offenders that has served as a model across the state.

Cody also serves on the Judicial Ethics Committee of the Pennsylvania Conference of State Trial Judges.

Before assuming her seat on the bench, Cody worked in the Chester County District Attorney’s Office from 1981 through 1992 as an assistant district attorney and deputy district attorney. During her tenure as a deputy, she was instrumental in establishing the Child Abuse Unit.

A native of West Chester and graduate of Villa Maria Academy, Cody received a bachelor’s degree in psychology from St. Joseph’s College and a law degree from Villanova Law School.

An East Marlborough Township resident received his fourth DUI last week, police said — an uncommon milestone for someone who has yet to turn 21.

On Friday, Dec. 12, state police said Matthew J. Scott, 20, slammed into a utility pole on North Mill Road in Kennett Township. Police said a passerby called 9-1-1 a little before midnight. By the time a trooper arrived, Scott had already fled to his home less than a mile away, and he was subsequently arrested for the alleged drunken hit-and-run, police said.

Court records show that Scott is no stranger to authorities. He was arrested for his second DUI on May 26, 2013, on Route 1 at West Baltimore Pike. Police said his blood-alcohol (BAC) level registered 0.09. The legal limit is 0.08. (No record exists of a first offense, suggesting it was handled by juvenile authorities.)

Less than three months later, Scott blew a stop sign at East Locust Lane and Walnut Street in East Marlborough Township, ignoring a trooper’s attempt to detain him. With a BAC of 0.15, he led police on a brief chase before his silver Chevy Camaro got stuck in the mud near a mushroom complex, records said.

At sentencing time, Scott, a 2013 graduate of Unionville High, benefited from a loophole in DUI penalties that has since been corrected by lawmakers, prosecutors said. He received 30 to 60 days in prison plus five years’ probation for his third offense on Aug. 2, 2013, a penalty that was based on second-offense guidelines.

In 2009, the state Supreme Court ruled that until a person is convicted of drunk-driving, the offense doesn’t count for sentencing purposes. Because Scott had not yet pleaded guilty to the May 2013 offense, he could not be penalized for it under the previous law. Scott didn’t plead guilty to the earlier offense until this past March when he received 30 days to six months in jail.

Under the legislation signed by Gov. Tom Corbett this past fall, prosecutors may charge drunk-driving suspects as repeat offenders if they are re-arrested for DUI before they are convicted of an earlier offense.

Chester County District Attorney Tom Hogan said closing the loophole improved the safety of all citizens. He said before the change, a person could have been arrested five times within a month, with all of the alleged crimes being treated as first offenses.

“Anybody who has multiple DUIs before they are even old enough to drink has a serious substance abuse problem,” said Hogan, referencing Scott’s case.  “If somebody has been caught multiple times, imagine how often they have been driving drunk and not been caught.  As we have seen from cases like Commonwealth v. Robert Landis, defendants with multiple DUIs are eventually either going to kill somebody else or themselves.”

In April, Landis, 51, of West Chester, received an eight- to 17-year prison term for driving drunk without a license – his 8^th DUI conviction. On April 26, 2013, Landis veered into a motorcycle driven by a volunteer firefighter from Tredyffrin Township, Liam James Crowley, 25, who died of his injuries two days later.

Scott’s attorney, Lorraine Finnegan, said her client will be “scheduling an evaluation and reaching out for any and all treatment that is recommended.” Finnegan said he has had difficulty recovering from the death of Kathy Scott, his 31-year-old sister, who lost her battle with cancer about two years ago.