- 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?
- Eleven years as magistrate. Graduate Marshall University, FBI National Academy, WV State Police Academy, graduate studies University of Virginia. I was able to assume the cases and pre-set docket of a retiring magistrate. I have worked extensively to complete other dockets of magistrates that became ill.
- 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?
- Absolutely. It is outrageous to think that people can be paid with public funds to serve as a magistrate that can have their own criminal records, without the requirement of disclosure to the public, and lack of college education that allows comprehension of the law. We should be holding these officials to a much higher standard. We are very fortunate to have an outstanding criminal justice program right here at Marhsall University.
- 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?
- Magistrate court schedules need to be more efficient, allowing each magistrate more trial days. More than one magistrate should be able to conduct trials at the same time. This, however, is difficult in Cabell County due to lack of space. The schedule attempts to accommodate for the lack of courtrooms and waiting areas.
- 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?
- Magistrates do not have the authority to enter into plea negotiations. The prosecuting attorney, who is the chief law enforcement officer of the county, with the concurrence of the defense attorney, may recommend that a felony be reduced to a misdemeanor. The happens for a variety of reasons, including lack of sufficient evidence after the initial arrest. Some cases that appear to merely be dismissed are actually dismissed on the magistrate court level on the motion of the prosecutor so that they can be brought before a grand jury in circuit court.
- 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 volume of cases in the magistrate court, with the limited scheduled hearing times available to the magistrates, prohibits spreading the hearings out so that people do not have to wait so long. Only one magistrate at a time conducts each type of hearing. I am a firm believer in bringing each case to a conclusion on the day of the hearing and dismissing the witnesses in the most timely manner possible.
- 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 law requires that you consider a set of procedures when determining a bond. I believe that the citizens are best served when a bond is set appropriately to ensure the defendant's appearance at a future date.
- What role does the magistrate play in reducing Cabell County's regional jail costs?
- Magistrates can order home confinement, day reporting, probation, or pre-trial diversion for non-violent offenders, upon proper motion.
- 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?
- Any time that an arrest is made at a time that a magistrate is not on duty, the person under arrest will automatically be incarcerated until the next magistrate is on duty for arraignments. If a magistrate was available at all times there would be a possibility for posting bond and reducing the expense to the county.
- 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?
- Sentencing will be determined by the seriousness of the crime, the offender's past record, and public safety.
- What role do other punishments, such as home confinement, day reporting, probation and fines, have in today's sentencing environment?
- For non-violent offenders, day reporting and probation offer classes and supervision to those offenders that may benefit from those contacts.
- 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?
- Before being appointed magistrate, I was the liaison between the Cabell County Commission and the Western Regional Jail. I discovered that inmates were not being released. As a magistrate, I review each file at the end of the day for required notification before returning files to the clerk.
- Do you support the continued use of bail bondsmen in Cabell County?
- The services of bail bondsmen are the choice of the individuals that find themselves in the court system.
- What should be a judge's role be in revoking someone's bond when they violate terms of their release?
- The judge makes the decision weather or not to revoke an individual's bond upon the motion of the prosecuting attorney.
- 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?
- Running for office is very expensive. Most people would not be able to finance their campaigns without contributions. Judges have committees that can accept contributions on their behalf.
- REPLY IN FEWER THAN 50 WORDS: Do you believe magistrates should be certified after training? Why or why not?
- No elected officials are required to be certified after they are elected. The Supreme Court is responsible for training magistrates after they are elected. New legislation could raise the requirements to ensure the candidates comprehension and their ability to perform the duties that are required.
- REPLY IN FEWER THAN 50 WORDS: What procedures do you believe could be improved in the handing of domestic violence and child abuse cases?
- Any child advocate investigating the the proper placement of children in emergency situations should be accompanied by the highest possible level of protection for himself of herself.
- REPLY IN FEWER THAN 50 WORDS: Do you think magistrates need to be tougher on littering and other environmental cases?
- Most environmental offenses are presented to magistrates in the form of a citation. Each offense has penalties set by statute. Penalties are determined according to the severity of the offense.
