- 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?
- As an incumbent, I feel my service of almost 8 years brings a lot of experience to this position. Attending the annual schools offered by the West Virginia Supreme Court keeps us aware of current laws and changes in the laws. I have also established a reputation of being fair and honest in my decisions.
- 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 feel they should necessarily have a law degree. I think a former Police Officer, Investigator or other employment that involves the person in working with different bodies of the law can give them the experience needed for this position. Also the West Virginia Supreme Court of Appeals offers the annual schooling on the current laws.
- 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 this happens too often. This happens for many different reasons. Police Officers are not available due to sickness, vacations or training. Attorneys have to have continuances due to prior court dates in Circuit Court or Court dates in other counties, as well as sickness or vacations. Defendants will also ask for a continuance due to illness or to complete required classes such as anger management or DUI classes.
- 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, the Defense Attorney and the Prosecuting Attorney
discuss each case and in some circumstances the Proseciting Attorney handling the case feels there is not enough evidence for the felony charge and agree on a plea bargain reducing the charge to a misdemeanor. Some felony cases are dismissed in Magistrate Court, due to direct indictments to Circuit Court and Federal Court. The Magistrate always has the final discision on the case, and he may or may not agree with the plea bargain. When the Magistrate does not agree on the plea bargain he will give the defendant a preliminary hearing.
- 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?
- Once the court has recessed for negotations between the Defense Attorney and the Prosecuting Attorney and an agreement has been reached, the defendant and his Attorney agrees to waive his preliminary hearing and waives to the Grand Jury, at that time all witnesses are released. The reason why victims or witnesses do not testify is due to the defendant waiving his right for a preliminary hearing. Some preliminary hearings can take several hours each and you may have several hearings scheduled for that court docket. The only option for the Magistrate is to talk with the Defense Attorney and Prosecuting Attorney to keep the docket moving.
- 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?
- Bond amounts are set on the seriousness of the crime and the prior convictions of the defendant. Felony drug charges on out-of-town or local defendants should have high bonds and be "Cash Only".
- What role does the magistrate play in reducing Cabell County's regional jail costs?
- The Magistrates work extended hours so some defendants are able to post bond and are not taken to jail. Which helps in reducing the jail cost. Some defendants have to be placed in jail due to the seriousness of the crime.
- 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 support the current schedule.
- 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?
- I support alternative sentencing and day reporting for non violent offenders. I believe some offenders have to be placed in jail.
- What role do other punishments, such as home confinement, day reporting, probation and fines, have in today's sentencing environment?
- Non violent offenders are able to continue with their employment and support their families.
- 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?
- Each time a defendant is released the Magistrate or his Assistant should call the Jail to make sure the jail received the release.
- Do you support the continued use of bail bondsmen in Cabell County?
- Yes
- What should be a judge's role be in revoking someone's bond when they violate terms of their release?
- Once a defendant has violated the terms of his bond, a bond revocation hearing has to be held. Then the Magistrate has to make a decision oh facts and at that time he may revoke the bond or leave it as it is.
- 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?
- As a candidate you are to have a Treasurer and all donations are to be given or mailed to him/her. The candidate should not know who donates to his campaign.
- REPLY IN FEWER THAN 50 WORDS: Do you believe magistrates should be certified after training? Why or why not?
- The Magistrates are certified after attending the annual school held by the West Virginia Supreme Court of Appeals.
- REPLY IN FEWER THAN 50 WORDS: What procedures do you believe could be improved in the handing of domestic violence and child abuse cases?
- One procedure is the timeliness of the Domestic Violence Petition being served by the various Law Enforcement Agencies. The sooner they are served they can appear before the Family Court Judge and the victim can be protected by an order of 60 to 90 days as issued by the Family Court Judge. Also, timeliness is the key in child abuse cases. The sooner they are reported the sooner they can be investigated by Law enfocement and an arrest can be made. We have sufficient laws to cover child abuse.
- REPLY IN FEWER THAN 50 WORDS: Do you think magistrates need to be tougher on littering and other environmental cases?
- Yes, littering is a violation of a State Law. We, as Magistrates need to set fines and order the clean up by the defendant.
