- 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. I have a sincere desire to serve the people of Cabell County as one of their magistrates. I come from a family of lawyers and judges. I possess the work ethic and common sense to do the job.
- 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. A magistrate can learn enough about the law to apply it in a given case. I believe that common sense is a most valuable asset in serving as an effective magistrate. A law degree does not, in and of itself, make a person a good and effective decision maker.
- 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?
- Delays occur too often. While some delays are inevitable, many can be avoided with effective magistrates. It is not always the system that should be changed.
- 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?
- (1)Plea bargaining is a fundemental part of the criminal justice system. Without it the backlog would be unmanageable.
(2)Plea bargaining should be between the prosecutor, the defendant and the defendant's lawyer. A magistrate should scrutinize plea bargaining as closely as the law allows.
- 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?
- The negotiation period is a vital part of the system. However, all witnesses should be immediately excused as soon as it is determined that they are no longer needed.
- 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?
- The amount of criminal bonds should be appropriate and realistic.
- What role does the magistrate play in reducing Cabell County's regional jail costs?
- The cost of housing a convicted criminal should not be a part of the criteria for sentencing. Certainly, magistrates should consider lesser restrictive punishments, but not because of the jail costs.
- 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?
- There should be a magistrate on duty/call and available 24 hours a day.
- 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?
- Magistrates must follow the law in determining sentences.
- What role do other punishments, such as home confinement, day reporting, probation and fines, have in today's sentencing environment?
- The criminal justice system has been struggling for centuries to find more effective punishments. As of now, magistrates must utilize those set forth by the legislature.
- 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?
- If elected, it will not happen on my watch.
- 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?
- Issue an arrest warrant.
- 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?
- No, most people cannot afford to personally finance their entire campaign. If the law somehow limited candidacy to those who can afford to finance their campaigns with their own money, it would effectively preclude others from running for office.
- REPLY IN FEWER THAN 50 WORDS: Do you believe magistrates should be certified after training? Why or why not?
- I believe that all training sessions for magistrates should be mandatory. I further believe that magistrates should be certified following each and every required training session, because they should not be permitted to serve if they fail to attend or complete the training.
- 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 have never been involved in the handling of these cases, and I am relatively unfamiliar with the procedures. However, I would strongly recommend intense and thorough training for magistrates, prosecutors, police officers, circuit judges, social workers and all others involved in the handling of these highly sensitive matters.
- REPLY IN FEWER THAN 50 WORDS: Do you think magistrates need to be tougher on littering and other environmental cases?
- I believe that magistrates should definitely be tougher on littering and environmental cases, especially on repeat offenders.
