HARRISBURG -- A Republican state senator wants Pennsylvania Supreme Court Chief Justice Ralph Cappy and high court nominee Judge Cynthia A. Baldwin to resign from their leadership positions at the state's two largest universities.

Senate Majority Whip Jeffrey E. Piccola, R-Dauphin, charged yesterday that simultaneous service on the high court and on the boards of trustees of Pitt and Penn State violates at least two provisions of the Code of Judicial Conduct.

Justice Cappy is chairman of the University of Pittsburgh's board of trustees and Judge Baldwin, currently on Allegheny County Common Pleas Court, is chairwoman of Penn State University's board.

Gov. Ed Rendell recently nominated Judge Baldwin for a vacancy on the state Supreme Court, and she is currently meeting with state senators, who are expected to vote next month on her confirmation. She met with Mr. Piccola earlier this week at the Capitol.

Mr. Piccola said the appointment of Judge Baldwin and the current service of Justice Cappy pose a conflict of interest and clearly violate aspects of the judicial code.

He said the code prohibits judges from serving as officers of organizations likely to become engaged in legal proceedings that could come before the judge's court; soliciting funds for educational, religious, charitable, fraternal or civic organizations; and accepting appointments to positions concerned with "issues of fact or policy," other than those relating to law and justice.

Judge Baldwin and Justice Cappy declined to comment yesterday.

Justice Cappy is not expected to resign from Pitt's board, and Judge Baldwin reportedly told Mr. Piccola she has no plans to resign from Penn State's.

There is nothing unusual about judges serving on boards of educational institutions, hospitals and other nonprofit organizations, said officials at both universities.

"Their services traditionally have contributed to the common good and have been looked at as good for the people of Pennsylvania and, in our case, the people of Pittsburgh," he said.

Steve MacCarthy, vice president of university relations at Penn State, said it was a stretch to call the judges' service a conflict of interest.

Neither judge solicits funds for the schools, something board leaders typically do, Mr. Hill and Mr. McCarthy said.

"There are things [Judge Baldwin] cannot do as a judge that some chairs have historically done, but she brings so much experience and vision to the position that that's a small trade-off," Mr. McCarthy said.

Meanwhile, Pitt trustees elected a second vice chairman when Justice Cappy became president so that he would be relieved of fund-raising duties, Mr. Hill said.

Hearings on Judge Baldwin's confirmation to the high court have not yet been scheduled, said Mr. Piccola, a member of the Senate Judiciary Committee. He said she will not have his vote unless she resigns from Penn State's board, of which she has been president for two years.

"I will be questioning her on this matter when she comes before the Senate Judiciary Committee for a hearing, and I'm hoping she'll have the right answer."

State law provides for a Judicial Disciplinary Board review of formal complaints made about alleged violations of the judicial code, but Mr. Piccola does not plan to file one.

"My only leverage is my vote on Judge Baldwin and my ability to raise this issue publicly," he said.

Mr. Piccola said public confidence in the Supreme Court is eroding.

That became evident in November when voters ousted Justice Russell Nigro and nearly voted out Justice Sandra Schultz Newman. The justices, who were the only statewide candidates on the ballot, were targeted by voters upset with legislators who voted themselves and judges hefty pay raises last year.

Justice Cappy publicly praised legislators for approving the raises, which have since been repealed.

"He had every right to tell the people what he believes judges should earn as a salary, but he overstepped that boundary when he got involved in negotiations ... and he further exacerbated it by publicly defending the actions of the General Assembly," Mr. Piccola said. "That put him and the whole court in an untenable situation."

Now, he and the other justices should be extra vigilant about being and appearing ethical, he said.