Magistrate (7) (Cabell)

Carlen (Len) Merritt

Contact: Lmer4@aol.com
Website:

Name:Carlen (Len) Merritt
Party:Republican
Home City:Ona
Home County:Cabell

Biography:

I was born and reared in Cabell County and come from a large, loving Christian family. I am a graduate of Barboursville High School and have been married to my high school sweet heart for nearly 20 years. We have two boys, oldest a ninth grader and youngest a fourth grader. I have had the opportunity to ‘give back’ to the community by being a part of running Youth League sport programs and helping coach at the high school level for 20 years.
I have a lot of experience in my professional life of being a superintendent/supervisor and being self-employed. I have worked at ACF, Ind., and GKN Sinter Metals and currently at Steele of WV as a supervisor. The experiences I had/have at my employment have allowed me to work with a variety of people. I have earned the respect of my employers as well as my employees by being fair and consistent in my day-to-day abilities to get the job done.

Personal Statement:

I believe at the magistrate level there needs to be some change. I do not feel all hours are being utilized to there fullest. With a backlog, more hours and less waste is necessary. A vote for me will bring hard work, dedication, promptness, level headedness and consistency to the magistrate bench.
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?
I meet the current legal criteria. My goal is to make decisions that come before the magistrates in a consistent and effective manner.
Do you have a law degree? Are you a member of the state bar?
No. 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 believe that a magistrate should be a person with strong beliefs of what is right and wrong and have good common sense. As for law, there are guidelines on each type of case for the magistrates to follow. This will help the Circuit Judges to handle the large cases that require their expertise.
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, too many cases are delayed. There will always be some delays on certain types of cases but at all cost should be kept to a minimum. Many of the delays come from the defendants and prosecutors offices. If elected, it will be understood that all parties will be ready on the day of court, including myself and magistrate assistant.
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?
Yes. To respect the law we have to accept all parts. Pleas are a big part of the legal system. As a magistrate, I will expect all pleas to fit the charge, meaning that plea should be felt--No more smacks on the 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?
First off, if being able to move more case loads through in a day's time, court time should be moved up as early as it can be. The magistrate should mandate recess time. If a lengthy recess is needed, case should be postponed to a later date with stern instructions given to parties involved and to be ready on the next scheduled date.
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?
Bonds will be set in accordance to the charge and should be set at a level that would assure defendants would comply with court date. Defendants from out of town and have no family or property ties should be considered a 'flight risk' and cash only bonds set at a level to make defendants comply with the law in either incidence only when bail is deemed applicable.
What role does the magistrate play in reducing Cabell County's regional jail costs?
I do believe all alternative correctional programs should be utilized in any case that warrants its use. These programs will reduce the cost to the county.
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?
Yes, for 24 hours. No, for 8:30am to 2:30pm.
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?
Prison and jail time is meant to rehabilitate. Rehabilitation, I believe, mostly depends on the offender; not all will be reformed but for those who are will help them to become a productive citizen.
What role do other punishments, such as home confinement, day reporting, probation and fines, have in today's sentencing environment?
I believe in alternative punishment in any case deemed applicable.
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?
Time management in necessary for any sector. Making sure your entire job is done on a daily basis is necessary. Not only is there a huge liability for our county, as well as state, so is the concern for any persons who has served their time and needs to be released.
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?
Serve a warrant for the arrest and apply additional charges.
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?
When running a campaign, donations should only be accepted from those who are not donating for their personal gain. We are adults and must be realistic; a snake in the grass should always be seen.
REPLY IN FEWER THAN 50 WORDS: Do you believe magistrates should be certified after training? Why or why not?
After attending the mandatory training that is required for all magistrates, they should be certified at this time.
REPLY IN FEWER THAN 50 WORDS: What procedures do you believe could be improved in the handing of domestic violence and child abuse cases?
I believe that domestic violence and child abuse should be taken as serious as any other crime. I feel that crimes of this nature are but a stepping stone for more heinous crimes. All resources should be used to stop these acts of violence such as, counseling, mentoring and/or incarceration.
REPLY IN FEWER THAN 50 WORDS: Do you think magistrates need to be tougher on littering and other environmental cases?
There are monetary limits set for these crimes and I do believe they should be imposed and enforced.