Contact: 750 5th Ave
Huntington WV 25701
304-526-9849
Website: www.mikewoelfel.com
| Name: | Mike Woelfel |
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| Party: | Democrat |
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| Home City: | Huntington |
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| Home County: | Cabell |
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Biography:
Educational Background
St. Joseph High School
B.A. from Marshall University in Criminal Justice
Applicant, Master of Science in Criminal Justice, Marshall University Graduate College
Supreme Court training completed:
2003,2004,2005,2006,2007(served as moderator)
Experience and Qualifications
Magisterial Service since May 13, 2003
Statewide Appointments by West Virginia Supreme Court of Appeals:
Magistrate Education Committee
Magistrate Court Rules Committee (in formation)
Courthouse Facilities Improvement Authority, advisor
Endorsements
Fraternal Order of Police, Huntington Gold Star Lodge 65
Fraternal Order of Police, Cabell County Lodge 122
Cabell County Deputy Sheriff's Association
Personal Statement:
First, I would like to thank the voters of Cabell County for allowing me to serve as Magistrate for the last 5 years. My Bachelors degree in Criminal Justice from Marshall University and my five years of Magisterial experience have prepared me to preside over each case in an ethical, fair-minded and deliberate manner. I currently serve on three statewide committees appointed by the West Virginia Supreme Court of Appeals including the Magistrate Education Committee. This committee appointment allows me to participate in moderating, planning, and training of Magistrates across the State of West Virginia.
A visit to Magistrate Court is most likely the sole experience a citizen will have with our justice system. Perhaps the best way to evaluate a Magistrate's professionalism, legal knowledge and overall job performance is to simply ask a relative, friend, neighbor or attorney who has first-hand knowledge.
Once a person has visited a Magistrate's courtroom as a crime victim, litigant, witness or Prosecutor, he or she forms a perspective- pleasant or unpleasant - of the experience.
I urge everyone to become better informed before entering the voting booth so as to make knowledgeable choices.
- 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 have been a Magistrate in Cabell County for 5 years. During my time in office, I have been appointed to several statewide committees by the Supreme Court of West Virginia including the Magistrate Court Education Committee. I served as a moderator in training courses at the 2007 Magistrate Conference. I am currently planning the New Magistrate Training Conference, where I will participate as an instructor and moderator. I have received a B.A. from Marshall University in Criminal Justice.
- 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?
- It is my position that a Magistrate should have more training than is currently required. However, I do not believe that a Juris Doctor degree with five years experience is necessary. I believe that an Associates or Bachelors degree would build the proper foundation for the research and learning skills necessary for any Magistrate.
- 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?
- I review every court file in advance. My docket is always called in a timely manner. I have addressed the issues of preparation and efficiency with the Public Defender’s Office, the Prosecuting Attorney’s office, and the Circuit Judges. Please refer to answer #6
- 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?
- A Magistrate cannot entertain or accept a plea to a felony charge. Magistrates can only accept a plea to misdemeanor charges. As a Magistrate, I am required to make decisions on a case by case basis. It is my duty to decide a case based on its merits, not on the percentage of cases have had plea negotiations. Plea bargains are not conducted in the presence of the Magistrate so the issue of whether or not there are too many plea bargains would be a question best posed to the Prosecuting Attorney.
- 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?
- Please refer to #4. I would also like to add that as a Magistrate I am always prepared for court. I, at times, entertain motions by certain parties to a case in which they request a continuance. I consider many factors when contemplating my decision. There are also issues that are out of the Magistrates control such as parties being late or being unprepared.
- 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?
- I set high bonds frequently, when appropriate. However, the right to a reasonable bail is a guaranteed constitutional right. Bail may not be used to punish a defendant who is presumed innocent until proven guilty. The purpose to bail is solely to assure that a defendant appears at subsequent hearing.
- What role does the magistrate play in reducing Cabell County's regional jail costs?
- None. Jail costs are not a proper factor when considering sentencing. The goals of the criminal justice system are deterrence, rehabilitation, incapacitation, and just punishment.
- 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 that the current schedule implements and is consistent with state law. This schedule is set by the Chief Judge and is approved by The West Virginia Supreme Court.
- 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 lack jurisdiction to sentence defendants to a prison term. Some defendants are worthy of alternative sentences on misdemeanors, while others are not deserving. The factors considered are past criminal record, risk of flight, violent past, employment issues, etc. A jail bill does not override just punishment.
- What role do other punishments, such as home confinement, day reporting, probation and fines, have in today's sentencing environment?
- Please refer to answer #10.
- 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?
- I am aware of this problem, however, it has not occurred in my court nor will it. In my court, all documents are properly filed and notice given. The State Bar should question the attorneys who have represented those individuals.
- Do you support the continued use of bail bondsmen in Cabell County?
- Yes, if done correctly and following current state law.
- What should be a judge's role be in revoking someone's bond when they violate terms of their release?
- By law there is a process that must be followed. The prosecutor must file a motion for revocation, then the Magistrate will schedule a revocation hearing and a decision will be made after both sides are heard.
- 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 engage in complete financial disclosure, following the Judicial Canons of Ethics. Contributions are handled by my treasurer and Committee. I have not and will not seek or solicit a contribution from anyone.
- REPLY IN FEWER THAN 50 WORDS: Do you believe magistrates should be certified after training? Why or why not?
- I serve on the statewide Magistrate Education Committee and favor certification. Certification of Magistrates would elevate the quality of the busiest court in our county. Measures are in place to provide for the testing of Magistrates as to the law, Rules of Criminal Procedure, etc. This testing occurs at the conclusion of statewide Magistrate conferences. Confidential assessment by Supreme Court personnel would be available to consider certification.
- REPLY IN FEWER THAN 50 WORDS: What procedures do you believe could be improved in the handing of domestic violence and child abuse cases?
- Domestic Violence cases are the most critical and sensitive cases that a Magistrate hears, and they often involve children. In order to make improvements, there needs to be better intra-agency communication among the court and law enforcement, prosecuting attorneys, victim advocates, etc. Better communication will result in quick response time and less victimization.
- REPLY IN FEWER THAN 50 WORDS: Do you think magistrates need to be tougher on littering and other environmental cases?
- Yes. The court system needs more aggressive involvement by the Prosecuting Attorneys office. Our roadways, streets and alleys are deplorable in many parts of Huntington and the county in general. Stiffer penalties by the Prosecutor for illegal dumping and similar offenses will create a cleaner, greener community.
