- What makes you qualified to serve as a magistrate judge? If you're an incumbent, what accomplishment(s) in the current term make you worthy of re-election?
- My education as well as business and organizational experience and leadership skills.
My commitment to serving the people of Cabell County.
My dedication, honesty, fairness and common sense that my colleagues, friends and family can attest to.
- Do you have a law degree? Are you a member of the state bar?
- No.
- Current law allows anyone with a high school degree or GED to be magistrate. Circuit judges are required to have a law degree for five years and be a member of the state bar. Should magistrates have similar requirements?
- No, I do not believe that magistrates must possess a law degree for five years and be a state bar member. The ability to make an informed and educated decision does not require those credentials. Common sense and the knowledge from ones own life experiences along with the education provided by the State Supreme Court to all magistrates will allow one to become a qualified individual for a magistrate position.
- Many cases are delayed in magistrate court. Do you believe this happens too often? What changes would you make in the upcoming term? Why or why not?
- Yes, I do believe this happens too often. There are a variety of reasons and different parties to be held accountable for these delays. There are always going to be unforeseen circumstances, however, if all of those involved work together to devise a better plan to minimize the reoccurring causes it would be a good start at eliminating the delays.
- Felony cases are often pleaded down to misdemeanor charges in magistrate court. In fact, a Herald-Dispatch review of felony drug trafficking cases in 2004 found that about 54 percent of the charges were dismissed or reduced to misdemeanor charges. Do you believe too many plea bargains occur? As a magistrate, how would you govern when considering these issues?
- No, I do not believe there are too many plea bargains. Plea bargains occur for many reasons and this is the decision of the prosecutor and the defense attorney. As a magistrate I would have the final decision regarding a plea bargain and look closely to make sure that this is appropriate for the charges at hand.
- Currently magistrates begin felony court at 10:30 a.m., but the morning roll call is often followed by a lengthy recess and negotiation period. Victims, witnesses and police officers wait, sometimes for hours at a time, as attorneys negotiate. More often than not, the scheduled hearing is canceled or postponed without the subpoenaed persons ever testifying. What can you do as a magistrate in the upcoming term to increase efficiency?
- As I mentioned previously there are a variety of reasons and parties to be held accountable for these delays. There are always going to be unforeseen circumstances, however, if all of those involved work together to eliminate the reoccurring causes it would be a good start at minimizing delays and increasing efficiency.
- Critics say some bond amounts are set too high, while others complain many offenders, particularly out-of-town drug suspects, are able to post bond too quickly. How can you address these concerns in the upcoming term?
- There are guidelines among the different offenses that are to be considered when setting a bond, however, extenuating circumstances (flight risk, danger, etc.) must be evaluated as well and the decision should be made with all of this in mind.
- What role does the magistrate play in reducing Cabell County's regional jail costs?
- Actually in my opinion the magistrate's role is to determine the punishment for the charges at hand despite the county jail costs. However, it can be evaluated and if appropriate an alternative sentence can be considered in place of incarceration.
- Do you support an around-the-clock schedule, which would keep a magistrate on duty 24 hours each day as one way to help reduce Cabell County's jail bill? Do you support the current 8:30 a.m. to 2 a.m. weekday schedule?
- I believe an around-the-clock schedule would help to reduce jail costs but it would also increase costs at the Courthouse. An analysis of the costs and savings should be done before any schedule changes are made.
- In light of increased jail bills and prison overcrowding, many people have supported alternative sentencing. Others push for strict prison and jail sentences to increase public safety and deter future crime. What role do you believe prison/jail has in today's sentencing environment?
- As mentioned before I believe that despite the county jail costs the decision must be made on the extent of the charges and circumstances involved. Therefore, ultimately today's prison/jail role should not sway the sentencing environment one way or another.
- What role do other punishments, such as home confinement, day reporting, probation and fines, have in today's sentencing environment?
- Other punishments should be considered depending upon the charges and the circumstances surrounding the situation. However, they should not be used just to keep jail costs down when the charges warrant incarceration.
- Several inmates have been kept in the Western Regional Jail after their charges were dismissed. The jail did not receive release forms from the magistrate who dismissed charges in those instances. The County Commission says this resulted in the county being charged for unnecessary jail stays. What will you do in the upcoming term to address these issues?
- A variety of reasons could be responsible for these mishaps. However, I believe if all involved work to devise and execute a plan for this procedure then these mishaps should be eliminated.
- Do you support the continued use of bail bondsmen in Cabell County?
- Yes, they are needed for both parties. High bonds need to be set to assure the accused will not flee the area. Common sense is to be used to set the amount for bonds. Also bail bondsmen are needed
jobs for our community.
- What should be a judge's role be in revoking someone's bond when they violate terms of their release?
- Upon the motion of the prosecuting attorney and both sides are then heard at that point the judge decides whether or not the bond is revoked.
- According to media reports, a Putnam County circuit judge said he would run for re-election, but vowed he would not accept any contributions. He said he would finance the campaign with his personal savings alone. He made his decision to avoid any impropriety. He said some may think a judicial candidate owes a supporter if he is elected. Will you make a similar pledge? Why or why not?
- I am financing my own campaign but even if I wasn't it is a magistrates duty to follow and enforce the law the same for contributors and non-contributors.
- REPLY IN FEWER THAN 50 WORDS: Do you believe magistrates should be certified after training? Why or why not?
- According to my information,magistrates when elected are trained and then certified by the West Virginia supreme court. Each year after, they have training to update them on new laws and procedures.
- REPLY IN FEWER THAN 50 WORDS: What procedures do you believe could be improved in the handing of domestic violence and child abuse cases?
- Procedures now, due to the number of cases each magistrate has, are as good as they can be. Magistrates, with the importance of all domestic violence and child abuse cases, take all the time needed and evaluate every piece of evidence, before making a critical decision.
- REPLY IN FEWER THAN 50 WORDS: Do you think magistrates need to be tougher on littering and other environmental cases?
- I do not think they should be tougher. Magistrates should evaluate each case by its severity. Remembering, magistrates have to follow the laws and guidelines set by the higher court system.
