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2009 Judicial Candidates

*To read a summary of the jurisdiction of each court, click here.

COMMON PLEAS (Vote for Five)

SUPREME COURT (Vote for One)

  • Jack PANELLA (D)
  • Joan Orie MELVIN (R)
  • Paul P. PANEPINTO (R)
  • Cheryl Lynn ALLEN (R)

SUPERIOR COURT (Vote for Three)

COMMONWEALTH COURT (Vote for Two)

COMMON PLEAS

Carolyn Saldari BENGEL

1. What, in your opinion, should be done to reduce juvenile incarceration?

Juvenile incarcerations can be reduced if we are more pro-active before crimes are committed. Parents need to be positive role models for their children. In my job as a district judge, I try to help young people who appear before me by getting them involved in community programs that support their efforts to change their behavior. More alternative programs should be available for juveniles to keep them away from crime. These programs need to be fully staffed so that young people receive counseling and preventive education. In the long run it would be cost less to have a successful alternative program, than to incarcerate juvenile offenders.

2. What, in your opinion, would be the best way to ensure fair redistricting?

The best way to ensure fair redistricting is to have an independent commission draw the maps. An independent committee can divide boundaries along zip-codes/counties/rivers/etc. Right now some of the congressional and legislative districts look like a pretzel.

3. What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign: is the appearance of a conflict sufficient to require recusal?

Strict campaign financing laws make political contributions public record.

I believe that when someone contributes to my campaign, they do so because they know that I am a fair, impartial judge and they believe in my integrity. In the event that someone would raise the issue of an appearance of a conflict, I would consider their request for recusal.

4. Do you agree with the suggestion that all judges should be selected by a merit system? Please explain why or why not.

I believe that the voters should choose the people who represent them in the judiciary system. Over the course of this election process, I have met thousands of people who have expressed their issues. My issues in the community where I live may be different from those in other parts of Allegheny County. The only way I would have learned this, was to participate in the election process. Who decides which person merits a judgeship? The merit system allows only a select few to make decisions for the entire electorate. Let voters become informed and decide who they want to elect.

5. Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

As an officer of the court, I would uphold the law as it stands.

Susan Evashavik DILUCENTE

1. What, in your opinion, should be done to reduce juvenile incarceration?

As a Magisterial District Judge with a jurisdiction that includes the Woodland Hills School District, I deal with this question every day. Juveniles come before me on a variety of charges ranging from truancy, to vandalism, to assault. More often than not, these children are guilty of the crimes with which they have been charged. Rather than impose purely punitive sentences on these juveniles, I work with the school district on a case by case basis to offer remedial services, such as tutoring or counseling, and, when appropriate, parenting classes for their caregivers. I monitor each juvenile’s case to make sure their grades, behavior, and attendance improve. I want these children to become productive members of society rather than incarcerated criminals.

2. What, in your opinion, would be the best way to ensure fair redistricting?

There have been several court cases in recent years, including then Speaker of the House Tom Delay’s case, wherein partisan redistricting has been approved. These cases prove that we need an impartial panel of experts to ensure fair redistricting.

3. What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign: is the appearance of a conflict sufficient to require recusal?

Not necessarily. The fact remains that the majority of contributors to judicial campaigns are lawyers who may at some point practice in front of the judges they have supported. We assume that lawyers support candidates whom they deem exceptionally qualified to become judges, and not because they expect favorable rulings. The mere fact that a lawyer or law firm contributed to a judicial campaign does not imply a conflict, but more than likely implies that they wish to practice in front of competent and impartial jurists. However, there should be guidelines in place to prevent occurrences such as the current West Virginia Supreme Court litigation, where recusal should have been mandated.

4. Do you agree with the suggestion that all judges should be selected by a merit system? Please explain why or why not.

I do not agree that all judges should be selected based on a merit system. The merit system currently in place for selecting federal judges has been plagued by partisan politics, and does not necessarily produce the best judges. While I would like to see safeguards in place to restrict unqualified or inexperienced candidates from seeking judicial office, I still believe the electoral system is the best process.

5. Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

Absolutely, yes.

Jeffrey K. EISENBERG

1) What, in your opinion, should be done to reduce juvenile incarceration?

On the front end, more opportunities for juveniles, including after school programs, recreational facilities, internships, and career-oriented services which will show juveniles that there are realistic alternatives to a life of crime. On the back end, community service programs and other alternative dispositions that would reduce incarcerations as well as benefit the community.

2) What, in your opinion, would be the best way to ensure fair redistricting?

No response.

3) What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign; is the appearance of a conflict sufficient to require recusal?

Judges are already required to recuse themselves to avoid even an appearance of impropriety. However, not every contribution may lead to a conflict of interest. Special attention needs to be given as to the size of the contribution, who made the contribution, and whether contributions were also made to other candidates in order to assess whether it may realistically be considered as creating a conflict of interest.

4) Do you agree with the suggestion that all judges should be selected by a merit system? Please explain why or why not.

No. There is rarely sufficient transparency to assure that any given process would result in purely the best judges being selected. Also, I believe that the people should select their judges, not a political or governmental body. This allows the people to vote not only based on merit, but also on local factors and personal concerns.

5) Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

Yes.

Arnie KLEIN

1) What, in your opinion, should be done to reduce juvenile incarceration?

The Allegheny County Court is doing all it can to reduce juvenile incarceration. The best way to further reduce juvenile incarceration has more to do with holding parents responsible for child support, seeing that their children attend school, and educating and monitoring parents who have been shown to have deficient parenting.

2) What, in your opinion, would be the best way to ensure fair redistricting?

Redistricting should be automated to create districts based solely on equal population and maximum compactness of the district. The automated result would be reviewed and confirmed by an independent commission that would only be able to make adjustments to eliminate clear errors or absurd results in the automated process. Judicial review would be allowed, but it would be limited to determining whether there was an error of law or abuse of discretion.

3) What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign; is the appearance of a conflict sufficient to require recusal?

The appearance of conflict because of a campaign contribution may be sufficient to require recusal. However, the appearance of conflict must be real and not fanciful or speculative. The timing and amount of the contribution must be considered. I do not believe that recusal is required merely because a person made a contribution. However, if the contribution was substantial, then that would create the appearance of a conflict.

4) Do you agree with the suggestion that all judges should be selected by a merit system? Please explain why or why not.

No. I believe the merit system is as political as the electoral system. However, I would support a system that established minimum qualifications to be eligible to stand for a judicial election.

5) Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

I will follow the binding precedents of Roe v. Wade and its progeny.

…

Phil IGNELZI

1.  What, in your opinion, should be done to reduce juvenile incarceration?

Juvenile incarceration may occur in two different settings.  The first is incarceration in a juvenile detention center pursuant to an adjudication of delinquency in the juvenile court system.  The second is incarceration as a result of statutes which permit trying a juvenile as an adult if various parameters are met.  Both scenarios usually involve a serious crime resulting in either serious bodily injury or death.

The only way to reduce juvenile incarceration in either situation is to reduce the number of juvenile offenders who commit serious crimes.  A trial judge in the Court of Common Pleas, which is the position I am seeking, can only hope to reduce criminal activity from a deterrent perspective. This requires a trial judge to impose appropriate sentences with the hope of deterring future criminal activity.

It would be improper to comment any further on this issue since it involves questions that may well come before me as a judge.  It would be inappropriate and unfair to any party who might appear before me in a particular case to comment any further.

2.  What, in your opinion, would be the best way to ensure fair redistricting?

As stated in response to question #1, I am seeking the position of a trial judge in the Court of Common Pleas.  Since redistricting is a responsibility of the Legislature, it would be inappropriate for me to comment or express an opinion on this subject.  Further, the issue of redistricting could possibly come before the court in the form of a legal challenge.  Because there is the possibility this question involves a specific matter that may well come before the court in the future, I believe it would be inappropriate and unfair to those who might appear before me in a particular case to provide any further response.

3.  What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign: is the appearance of a conflict sufficient to require recusal?

Statutory law and case law have developed a standard to determine when a judge should recuse himself or herself.  The role of any judge is to decide the matter before him or her based only upon the evidence presented and the Constitutions and laws of our Nation and our Commonwealth.  If elected, I intend to honor those commitments each and every day.  Since it is possible this issue may well come before the courts in the near future, I believe it would be inappropriate and unfair to those might appear before me in a particular case to provide any further response.

4.  Do you agree with the suggestion that all judges should be selected by a merit system?  Please explain why or why not.

I believe judges should be elected by the people.  Voting is, of course, one of our most fundamental rights as Americans, and I believe it would be a great disservice to individuals and candidates if the ability to elect state judges is lost.

5.  Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

Whether I agree or disagree with a Supreme Court decision is irrelevant to my role as a trial judge.  The role of any judge is to decide the matters before him or her based only upon the evidence presented and the Constitutions and laws of our Nation and our Commonwealth.  If elected, I intend to honor those commitments each and every day.

As a trial judge in the Court of Common Pleas, I may have to address a specific issue under the Pennsylvania Abortion Control Act specifically as to whether a minor must receive either the permission of a parent or a court by-pass.  Since this issue is dependent upon the specific facts of each case and the law as applicable to those specific facts, it would be inappropriate and unfair to a party who might appear before me in a particular case to provide any further response.

…

Michael F. MARMO

1. What, in your opinion, should be done to reduce juvenile incarceration?

America is experiencing a regrettable phenomenon that has come to be labeled the “schools to prison pipeline.”  This term refers to concerns that many young people who are introduced into the juvenile justice system at an early age for less serious offenses will become marginalized and hence be more likely to return to the criminal justice system as adults.  With many zero-tolerance policies, problem students are turned over to law enforcement for potential juvenile prosecution.  With a greater emphasis on individual circumstances, some of our at-risk youth might still be remediable before they become repeat offenders.  With extra efforts by parents working together with schools and other community support organizations, a focus on education and traditional discipline might catch more children and turn them in the right direction before it is too late.  Of course we must be vigilant to protect all our children, but relying too heavily on police intervention can tie up necessary public safety resources when alternatives are available.  Direct and concerted intervention by the authority figures already involved in the students’ lives (namely parents, teachers, religious leaders, etc.) is one such alternative that could possibly reduce juvenile incarceration in the long run.

Even if our motivations are well-intentioned, we should be more careful not to depend exclusively on the juvenile justice system to “fix” every behavioral problem.  The social stigma of a delinquency record can result in youth being unfairly stereotyped by society, consequently suffering from lowered feelings of self-worth, and possibly experiencing increased likelihood of landing back before the criminal justice system as adults.  There is a significant distinction between being “soft” on crime and adopting reasonably prudent measures to guide our children toward responsible law-abiding behavior.  As adult role models, we must demonstrate to youth that punishment should be suitable to the offense.

2. What, in your opinion, would be the best way to ensure fair redistricting?

Historically, the United States has seen instances of injustice through malapportionment and gerrymandering.  The redistricting process will always remain controversial and contentious as long as it is susceptible to partisanship, incumbents seeking unfair advantage and the real or perceived disenfranchisement of minority voters.  Unfortunately, the current Supreme Court law on redistricting makes progressive reform a daunting task.  If we are to develop a truly impartial process with real and effective safeguards against abuse, bipartisan commissions both public and private must address the issues head-on and present a comprehensive set of standards that can be formally adopted by state legislatures such that courts can enforce uniformly.  Despite the obstacles to solving this persistent and complex problem, it is a task that must be undertaken if we are to guarantee the implications and promise of our basic voting rights.

3. What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign: is the appearance of a conflict sufficient to require recusal?

Public faith in the rule of law depends greatly on the expectation that all litigants will be treated equally and that cases will be decided on their merits.  When a case comes before a judge who has accepted significant financial or in-kind campaign contributions from any of the interested parties, it is incumbent upon the judge to disclose the prior relationship.  If any of the parties then request the judge’s recusal, a judge should carefully consider whether an actual conflict of interest exists.  If a direct conflict clearly exists, required recusal is appropriate.  If there is merely an appearance of conflict, the judge should openly present his or her justifications as to why he or she believes that recusal is unnecessary to preserve the role of neutral arbiter.  If a party still prefers recusal, I believe that a judge should voluntarily defer to the wishes of the moving party.  In some cases, required recusals may be counterproductive and overly burdensome in effectuating speedy trials since reassigning the case to a judge without any similar potential conflict (or perhaps having to resort to a change of venue) may take considerable time that may unfairly prejudice the parties.  Under such circumstances, countervailing interests must be weighed against each other to produce the fairest possible forum for adjudicating the claims.

4. Do you agree with the suggestion that all judges should be selected by a merit system?  Please explain why or why not.

There are advantages and disadvantages to both alternatives of judicial election or judicial appointment.  The advantages to a merit-based appointment system ideally allow experts in the law to select the best possible candidates for the bench based upon objectively measurable criteria.  However, whenever a select few are empowered with decision-making authority, a risk exists of intentional or unintentional bias.  To counteract these risks, a fully open and public process must be rigorously adhered to so that the press and the public can monitor the fairness of all appointments.  Still, removing the public from the selection process seems counterintuitive to many who believe that democratic election is fundamental to ensuring that such important offices are not exclusively in the hands of the wealthy, the powerful, the connected and the elite.  I count myself among those with serious reservations about abolishing constitutionally created offices in favor of judicial appointment.  Although, it might be prudent to consider a hybrid option, perhaps where the political parties would work with the bar associations to screen and cull initial candidates who would then compete in public elections.

Pure election of judges is not without its own drawbacks.  Successful candidates are not always the best qualified.  Too often, campaigns with the biggest coffers or recognizable names will win the day.  And there is always the concern that wealthy campaign contributors will seek or expect special treatment if their interests come before the victorious candidate once he or she is elected.  Pennsylvania has adopted an elective system for the placement of judicial offices, and we have seated people on the bench who might not have appeared at first blush to be the best qualified but who have grown into exceptional jurists.  Likewise, we have seen some initially promising judges who have demonstrated less than outstanding jurisprudential acumen.  While a merit-based system might aspire to a better overall “track record” of capable appointees, I believe that promoting an educated and engaged electorate is the best way to ensure that only those with the utmost knowledge, integrity and wisdom populate the bench.

5. Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

For the purposes of evaluating qualifications for judicial office, it is not so much a question of whether I personally agree with Roe v. Wade and its progeny, but moreso whether I acknowledge that 1) it is the law of the land and that 2) I would perform my duties without bias if called upon to interpret or enforce some aspect of that body of law.  If the law in any area is clear (even if public opinion is mixed on the issue), it is the obligation of a judge to apply that law fairly without insinuating his or her personal agenda into the process.  I firmly believe that for the public to have justifiable confidence in the judiciary, jurists must demonstrate a respect for the rule of law regardless of whether the current law is or is not in line with their own views.  Let us not forget that over time the courts can change even laws that may be perceived as fundamental or inviolate.  If Roe were ever overturned, even a judge who supports women’s reproductive freedom would be ethically bound to respect the new precedent regardless of any disfavor with the ruling.  That said, for practical purposes it should be made clear that Common Pleas judges do not typically have before them cases where they are asked to rule on the larger constitutionality questions surrounding the rights articulated under the Roe line of cases.

…

Hugh Fitzpatrick MCGOUGH

1. What, in your opinion, should be done to reduce juvenile incarceration?

As a judge, I would encourage increased community accountability projects that utilize mediation to insure that there is a balance between the offense andrestorative justice. Victim-Offender mediation programs are a powerful means for youth to see and understand the consequences of their actions and provide remedies, like requiring the offender to paint the victim’s graffiti covered garage door, which are more appropriate and effective than incarceration.

2. What, in your opinion, would be the best way to ensure fair redistricting?

The only way to ensure fair redistricting is to eliminate the influence and input of incumbents. Incumbent public officials do not want fair redistricting; they want districts that are safe seats for themselves.

Establishing a non-partisan independent electoral commission to draft fair districts would be a good start. There are also proposals to allow computer programs to draw up districts based on voter populations. While computer models would be helpful, I would want human input in the process. A non-partisan independent electoral commission using computer models to assist in drawing new districts would be a much fairer system than what is the current procedure.

3. What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign: is the appearance of a conflict sufficient to require recusal?

In my campaign, my treasurer, finance chair and campaign manager have established a fire wall so that I do not receive information about contributors to my campaign. Obviously, I attend fundraisers and see attorneys, and others, who are in attendance, but I do not know how much or even if they have actually contributed.

Secondly, if you review the campaign finance statement, it is obvious that most judicial campaigns are heavily funded by local attorneys. If receiving a contribution from an attorney would establish an appearance of a conflict of interest, then some judges may have very few cases to hear.

Conflict of interest and recusal are extremely important issues. The court must not only convey the appearance of impartiality, it must, in fact, be impartial, fair and void of any conflict. A party can request recusal on any issue and a judge has an obligation to grant the request whenever a conflict exists. However, I am aware of instances where the issue of recusal has been sought in an effort to obtain a different judge when no true conflict was present.

If the issue of a conflict of interest were to be raised in my courtroom because of financial contribution that I had received, I would seek in deciding the request to avoid not only actual conflict but also the appearance of any conflict. Moreover, if a party felt strongly enough that I was incapable of being fair and unbiased, I would err on the side of caution and grant the request.

4. Do you agree with the suggestion that all judges should be selected by a merit system? Please explain why or why not.

If there was a non-partisan, independent merit selection commission that was free of political influence then I would agree that merit selection may be a better system, especially for the appellate courts. As with redistricting decisions, it would be difficult to eliminate political influences from a judicial appointment process that would select judges based on legal ability and merit.

Furthermore, there are good judges who are seated on our Court who did not have political influence, and who would not have been able to gain a seat if it were not for the opportunity to run, and win, a judicial campaign.

5. Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

I agree with the legal analysis of Roe v. Wade and the Supreme Court’s subsequent decisions.

…

Michele Zappala PECK

1. What, in your opinion, should be done to reduce juvenile incarceration?

Juvenile incarceration is a problem that affects our societal stability. Teenagers that are angry, disruptive, defiant and abusive deteriorate the core of our social well-being. When an adolescent is introduced to the criminal justice system as a juvenile, yet exposed to a system meant to deal with adult behaviors, the rudimentary problem giving rise to the behavior is seldom addressed; the problem behavior becomes more serious with prolonged exposure to the prison system. Intervention is required at the earliest stage possible. While juveniles should be held accountable for their behavior, early intervention programs to educate and counsel communities, families and our youth are essential before a juvenile is in a situation that would require incarceration.

We, as a society, need to develop and provide programs in local communities, schools, through the family unit and the juvenile system, that focus on counseling, treatment, structure and consequences where juveniles and their families can access resources, establish an regimen of rehabilitation and ultimately become productive members of our community.

2. What, in your opinion, would be the best way to ensure fair redistricting?

Gerrymandering of political districts has an appearance of being an unfair process because the party in control of the legislature has the ability to re-draw districts to favor their party. Redistricting based upon census data is an objective criterion and subjective political motivations should not be an instrument of the geographical metes and bounds of a voting district. The courts, as with any issue lending itself to political improprieties, should be loath to intervene unless unconstitutional or to prevent the most egregious cases of partisan manipulation.

3. What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign: is the appearance of a conflict sufficient to require recusal?

While mere incidental contributions to a judicial campaign may not give rise to one’s recusal, the appearance of a conflict (whether campaign contributions, friendships, or otherwise) is always sufficient to require a judge’s recusal in a case. The judicial system is based upon integrity, fairness and honesty – the mere appearance of a judge’s impropriety deteriorates the trust and confidence placed in the courts by its citizens. The judicial system and those fortunate to be elected as judges are never “above the law” and must take every measure to ensure that the trust and confidence placed in them is never breached.

4. Do you agree with the suggestion that all judges should be selected by a merit system? Please explain why or why not.

All judges should not be selected by a merit selection system. The judicial system functions because there exists a bond of trust with its citizens that ensure not only political motivations, but also race, creed, and religion shall never be a factor in fairly determining the disposition of a case.

Merit selection takes away that individual right to vote and participate in the selection of one’s judicial candidates and replaces that right with empowering others, and most likely those elected officials whose political party is in favor at the time of the selection, with the ability to appoint. This ability makes such appointment appear as a “political” preference for the judicial seat and thereby inherently bringing political motivation and manipulation into the selection process. The merit selection system takes the decision-making and one’s right to vote out of the hands of the people and our democracy is founded upon the individual rights of the people.

5. Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

I have been a Catholic all my life and the Catholic Church advocates prolife. Notwithstanding the advocacy of my faith, I do believe that many situations present distinctive facts and unique circumstances that require thoughtful consideration and reflection before rendering an opinion. I respect life and protect the rights of all human beings; however, regardless of one’s religious affiliation, a judge must apply the law of the Commonwealth and the precedent established by case law in rendering any decision.

Don WALKO

1. What, in your opinion, should be done to reduce juvenile incarceration?

The best way to reduce juvenile incarceation is to continue the expansion of Problem-solving Courts, which attempt to address the underlying problems that lead to criminal behavior. In the case of juveniles, there is a growing problem with mental illness, and unless there is an effort to address it, our juvenile facilities and our county jails and state prison will continue to see there populations grow. That is why the model so effectively used by Judge Zottola in the Court of Common Pleas would work so well in the Family Division on juvenile cases. His court and other problem-solving courts use alteratives to incarceration such as regimented treatment programs.

2. What, in your opinion, would be the best way to ensure fair redistricting?

I believe that re-districting on the state level is done as fairly as possible in most cases. That is because each party selects two members of the reapportionment commission with the fifth being selected by the four appointees.

Reapportionment for the federal House of Representatives should also be done by a bi-partisan commission appointed and elected in a similar fashion.

3. What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign: is the appearance of a conflict sufficient to require recusal?

Generally speaking contributions to a judge’s campaign would not automatically require recusal, in my opinion. I beleive that each case must be determined based upon the facts. If there is an appearance of favoritism based upon a contribution, then it might be best for a judge to recuse him or herself. Interestingly, the Code of Judicial Conduct provieds that the committees of candidates for Judge may solicit funds from attornies.

4. Do you agree with the suggestion that all judges should be selected by a merit system? Please explain why or why not?

I believe that the people should elect Judges at the county and state level. The problem with “merit selection” is the selection of the merit selectors. Who votes for them? What self interest would they have in the process? Would our Judges be selected by the rich and powerful at houants like the Duquesne Club? Would Judges undrstand the communities of the people who they will be judging?

As Chairman of the Judicary Subcommittee on Courts, I would be open to hearing the arguments for “merit selection.” But to convince me to take the power from the people, there would be a heavy burden of proof.

5. Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

I agree with the positions put forth in Roe v. Wade and subsequent cases. I believe they strike a balance between the right to privacy and other interests.

Leah WILLIAMS-DUNCAN

1. What, in your opinion, should be done to reduce juvenile incarceration?

During my several years of experience in Juvenile court as a Parent Advocate, Child Advocate and Conflict Public Defender, I found that juveniles, especially males, were being incarcerated at a rate consistent with and appropriate for the acts for which they were found to be delinquent. Frankly, most of my clients who were found to be delinquent had actually committed the act of which they were accused. Thus, I cannot say that there was anything inherently unjust about the rate at which juveniles were incarcerated. Rather, I am more concerned with the rate at which juveniles are committing delinquent acts.

I believe that the Juvenile Court system has been “reactive” instead of “proactive” and that this has added to the plight of our children. Early intervention programs, after school programs, in-home programs, mentoring programs (especially male), etc. are all needed in order to combat the lure of the street or whatever other entity is enticing our youth to commit delinquent acts. I personally have never turned down an invitation, within my ability, to participate=2 0in a career day, youth conference, outreach program, etc. that was designed to touch our young people before, and sometimes after, they became involved in the system.

2. What, in your opinion, would be the best way to ensure fair redistricting?

My eight years of conducting hearings and deciding cases in the Family Division of the Court of Common Pleas have rewarded me with two essential qualities: the temperament to manage my courtroom in the most effective manner and the ability to listen. I have also developed a keen sense of what is relevant as opposed to what is irrelevant and an impressive knack for getting to the truth. With all of these characteristics, whether the issue is redistricting, a criminal offense or the custody of a child, in the Court of Common Pleas, I will always examine the facts, apply the applicable law and make the appropriate decision in my absolute best effort.

3. What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign: is the appearance of a conflict sufficient to require recusal?

I believe that each fact finder or decisions maker is charged with maintaining the integrity of the court and as such has a duty to carefully scrutinize him or herself and every situation whenever there is even the appearance of “impropriety.” I stop short of saying that the “appearance of conflict” is=2 0sufficient to require recusal because just as beauty is, conflict is also, sometimes only in the eye of the beholder. In my court room I am regularly faced with allegations of gender bias and often faced with allegations of racial bias. If I were to recuse myself every time it “appeared” that I favored a female litigant over a male litigant or vice versa, then I would be of absolutely no effect in my position. Fortunately, we have a system of appeals which is highly effective in guarding against the pursuit of groundless allegations of conflict.

4. Do you agree with the suggestion that all judges should be selected by a merit system? Please explain why or why not.

Since the Judicial is a branch of the Government, I do believe that certain choices should be made by the people. However, I agree most strongly with Franklin D. Roosevelt’s statement that: Democracy cannot succeed unless those who express their choice are prepared to choose wisely. The real safeguard of democracy, therefore, is education. It is my hope and prayer that those who choose will educate themselves and choose wisely based upon experience, commitment, integrity and merit and not based upon factors which are irrelevant to one’s personal ability to be effective and a compliment to the bench and to the community.

5. Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

As a Judge in the Court of Common Pleas, I will be careful to examine the facts of each case that comes before me and to apply the appropriate law. If at anytime, I believed that my personal belief would conflict with the rights of others, then it would be appropriate for me to recuse myself. Fortunately, in eight years of deciding cases in the Court of Common Pleas, I have never found it necessary to recuse myself, nor have any of my decisions been questioned or challenged, as a result of what would be considered a personal belief.

…

Joseph WILLIAMS

What, in your opinion, should be done to reduce juvenile incarceration?

Creation of behavior modification sentencing for non-violent juvenile offenders.


What, in your opinion, would be the best way to ensure fair redistricting?

Assure that the ultimate composition of the municipality (state, etc.,) body reflects the demographical composition of the municipality (state, etc.)

What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s campaign:  is the appearance of conflict sufficient to require recusal?

“The appearance of” impropriety is a basis of recusal.

Do you agree with the suggestion that all judges should be selected by a merit system?  Please explain why or why not.

No.  Merit selection has major advantages, however, who will monitor the panel or office holder who will rank candidates based on their merit?

Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect the woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

Yes. I abhor abortion, however, the decision is ultimately the woman’s.  As a judge, my opinion is irrelevant; my duty is to execute the law.

…

SUPREME COURT

Jack PANELLA

1. What, in your opinion, should be done to reduce juvenile incarceration?

The courts can play a vital role in reducing juvenile incarceration by helping young offenders get

the treatment and counseling they need through programs that are more effective at reducing recidivism and crime than traditional incarceration.

Under the leadership of Governor Rendell, Pennsylvania has already moved to adopt an approach that balances accountability, community protection, and youth development. This is a matter of smart public policy, but alternatives to traditional incarceration require continued public support and financing for programs that offer special schooling, behavioral and psychological counseling, employment opportunities, and vocational training.

We must also encourage effective partnerships between schools, the community and the criminal justice system in order to better identify and intervene on behalf of juveniles who are victims of abuse and neglect at home, or who are abusing drugs. By addressing underlying problems, and through early intervention, we can reduce juvenile crime, and, in turn, the social and economic costs of juvenile incarceration.

2. What, in your opinion, would be the best way to ensure fair redistricting?

Considering the controversy and court battles surrounding that last round of legislative redistricting, it is clear that Pennsylvania deserves a process that puts the interests of the voters above partisanship and incumbency. The non-partisan Brennan Center for Justice at New York University School of Law has developed a useful guide to help legislators and advocates adopt reforms that ensure fair and representational redistricting. Put simply, we should make sure that the process is transparent, and that the redistricting commission is more diverse and independent from incumbent legislators.

3. Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

The issue of abortion has been and remains a federal issue, first decided by the Supreme Court’s decision in Roe v. Wade, and upheld repeatedly throughout the years. Based on the comments of the Chief Justice of the United States, during his confirmation hearing, I strongly believe that this is a settled issue. My oath as a judge requires that I uphold the law.

4. What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign: is the appearance of a conflict sufficient to require recusal?

Yes, I strongly believe that the mere appearance of an impropriety requires recusal. The judiciary must earn and maintain the respect of the electorate; that is the reason why even a mere “appearance” of an impropriety, rather than an established conflict, requires recusal. With campaigns for judicial offices attracting more attention and larger campaign contributions, the potential for, and perceptions of, conflicts of interest have grown tremendously. Therefore, it is important that judges hold themselves up to the highest ethical standards in order to maintain the public’s faith in the judiciary.

5. Do you agree with the suggestion that all judges should be selected by a merit system? Please explain why or why not.

There are demands to change the system in which Pennsylvania chooses its judges. Currently, judges of all levels are elected. The organization, Pennsylvanians for Modern Courts, is attempting to put a coalition together to adopt a constitutional amendment to change the system to merit selection.

As a sitting judge, although I have a high regard for the organization Pennsylvanians for Modern Courts, I currently support direct elections because I believe that it is important that judges remain accountable to the voters of Pennsylvania. If a system is recommended which establishes a merit selection process without influence by powerful political figures, I would reconsider my position.

As a candidate, I have no preference for either system, as long as each candidate is provided a fair opportunity.

SUPERIOR COURT

Robert J. COLVILLE

1. What, in your opinion, should be done to reduce juvenile incarceration?

First and foremost, public safety concerns must be adequately addressed. Individuals, even children, w

ho constitute a genuine risk to the safety and welfare of the community should be incarcerated.

Incarceration, however, is only one option available to courts to combat juvenile delinquency. Incarceration is expensive and we are far better served in the long run - economically, morally, and with respect to community safety concerns - by investing in our children to ensure that they become responsible law abiding citizens in the future.

Obviously, supporting local public school system efforts and local community policing is part of the answer. Enhancing economic opportunities to children and their families, ensuring adequate childcare, and supporting public health systems would contribute.

The courts themselves should further develop the myriad of successful programs that already exist - home monitoring, after school mentoring, community intensive supervisory programs all contribute. In too many cases the root of the problem lies with substance abuse, unresolved mental health issues, and or profound poverty. In each of these instances programs accessible to the court and social service agencies must be adequately resourced and utilized.

In the end, it is fundamentally the obligation of each child to maintain responsibility for his or her own actions, but we, as a society and as a court system, have many opportunities that, through reasonable effort now, will not only help each child involved in the juvenile justice system, but will also help ourselves and our own economic and community safety concerns.

2. What, in your opinion, would be the best way to ensure fair redistricting?

The current system is plainly vulnerable to profound abuse. Legislators themselves, whose political futures are directly tied to the results of redistricting, control the redistricting process. Citizens are resigned to rely upon simple faith that the individuals involved in the legislative process coupled with judicial review, if required, will behave honorably and will ensure fairness. When they don’t, citizens suffer as a result of an increased risk of loss of voting power, low voter turnout, political polarization and unresponsive representation. In this respect, under the current system, we can only hope that we have chosen well at the ballot box.

Another less insidious, though no less real, difficulty is that people often simply do not agree on what is fair. Pennsylvania has over 12 million residents and we do not always agree. We should not be too surprised when our elected legislative leaders, who are at least in part elected to represent our local interests, do not agree.

Redistricting has historically given rise to much debate among good and honorable people about what is fair; unfortunately, it has also given rise to chicanery and raw power politics among a minority of less scrupulous public officials. The system could be improved with genuine reform that placed some meaningful distance between the process of redistricting and the very legislators whose political fortunes are tied to the outcome of redistricting process.

3. Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

I recognize and respect a woman’s right to choose what happens to her body, and, without qualification, I accept Roe v. Wade as settled law and binding legal precedent that I would not hesitate to enforce.

4. What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign: is the appearance of a conflict sufficient to require recusal?

Pursuant to the Canon 3, Sec C(1) of the Code of Judicial Conduct a judge “should disqualify themselves in a proceeding in which their impartiality might reasonably be questioned…” In my judgment any reasonable appearance of impropriety would necessitate my recusal from a matter pending before me.

Our courts rely ultimately upon only one thing for their authority – the faith of the people. Any practice or conduct that undermines that faith is, and should be, prohibited without qualification.

5. Do you agree with the suggestion that all judges should be selected by a merit system? Please explain why or why not.

I strongly support an informed citizenry democratically electing their leaders, including their judges. Much more, however, must be done to provide meaningful opportunity for the electorate to develop a fuller understanding of the role of the judiciary and the personal backgrounds, history and qualifications of judicial candidates, for this goal to be achieved. Prioritizing fundamental civics education, publicly financed elections, and utilization of mainstream and internet media access are all tools that could create an opportunity for the development of a genuine public knowledge base and meaningful public discussion regarding the elective process - but they are all woefully underutilized at present.

Absent a commitment to these efforts in support of the fully attainable goal of an informed citizenry democratically electing their leaders, the case for merit selection is greatly enhanced.

Anne E. LAZARUS

1. What, in your opinion, should be done to reduce juvenile incarceration?

There is no substitute for a strong family to help young men and women stay away from trouble. As a community, we must recommit ourselves to working as a community to give every child a stable, supportive environment.

I also believe that education and after-school programs offer young men and women the knowledge and self-confidence they need to make good decisions. When a child is able to spend his or her afternoons with a social or charitable organization such as the Girl Scouts of America, rather than getting into trouble, they have the opportunity to serve the community and learn life-long lessons that will keep them from going down the wrong path.

In addition, I believe that programs designed to help first-time offenders are an excellent way to provide alternatives to incarceration and put kids on the right track.

2. What, in your opinion, would be the best way to ensure fair redistricting?

Unfortunately, as a seated judge and a candidate for Superior Court, it would be inappropriate for me to provide a specific answer to this question. What is most important, however, is that this issue is decided in a fair and impartial manner, so that the districts represent a reasonable reapportionment.

3. Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

As a judge, I am bound to follow the law of the land, which to date is Roe v. Wade. I wish that every child who was born into this world was born into a loving home. Personally, I have been endorsed by NOW and believe in the right of a woman to choose for herself whether she wants to have a child but, if the law is changed, I must follow the law. It is for the public and Legislature to create the law, and for judges to enforce it.

4. What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign: is the appearance of a conflict sufficient to require recusal?

It is a judge’s responsibility to be aware whether there exists a potential conflict, and to make disclosure to all parties when they know of a conflict. Every circumstance is different, and the size of a contribution or the relationship between the judge and the donor are certainly factors. With the current system, judges may not be aware that a party has donated to a campaign.

All in all, Judges should recuse themselves if they believe that a reasonable litigant appearing before them would think that, under these circumstances, they could not be fair.

At a time when too many have lost faith in our political and judicial systems, I serve as the Chair of the State Conference of Trial Judges’ Ethics Committee, a position that I have held for the last 4 years. I am proud to say that no person that has sought the advice of my committee, and followed that advice, has been disciplined for unethical conduct. It is incumbent on the courts to take clear and consistent stands on key issues facing the commonwealth, follow precedent in order to provide predictability in the law, and to take strong measures to enact the highest ethical standards.

5. Do you agree with the suggestion that all judges should be selected by a merit system? Please explain why or why not.

I analogize election of judges to jury trials. If you can have twelve members of the jury from different socio-economic, geographic and diversified backgrounds agree on a verdict, you can feel relatively confident that the jury has made the correct decision. In the same way, if I convince enough of the voting public that I have the credentials to be worthy of election, most of the time the voters make the correct choices. The worst part of running for election for judge is having to raise money. The best part of it is meeting people from all of the 67 counties and telling your story to the public. I would be in favor of merit election, and by that I mean creating higher standards for the judiciary, such as so many years in practice or a minimum rating of qualified by a non-partisan rating mechanism. I have been both appointed and elected and, although I see the problems with election of judges, the system is transparent. That would, in my opinion, be lost with appointment of judges.

John YOUNGE

1. What, in your opinion, should be done to reduce juvenile incarceration?

First, we should get smart about our approach. We either spend on the front end or on the back end. Let’s begin by improving educational opportunities and resources that help children get a better education. Efforts should be focused on students who live in areas with high drug traffic and a large concentration of single-parent households. Once they are identified, we can target them for intervention and support programs that can redirect children. These are efforts to help reduce crime.

For children who have committed crimes, we should employ intensive probation and substantive after-school programs that promote solid learning, not just babysitting. People who are going to be violent will be violent. But for others who drift toward crime, we can work to redirect their free time into productive activities, rather than incarceration.

Lastly, we should have probations officers with smaller caseloads and teaching credentials. They should monitor no more than 50 to 100 children on a regular basis. There are instances where probation officers are responsible for 200-plus individuals. These are steps we should take if we are really interested in getting students hooked on something else, and not just incarceration.

2. What, in your opinion, would be the best way to ensure fair redistricting?

While this is a matter that would not involve the state Superior Court, ensuring a fair method of redistricting includes roles and responsibilities on several fronts. One, as accurate of a count as possible provides reliable information, so citizens should be mindful to full participate in the U.S. Census, from which the data to support redistricting derive. Two, maximum opportunities to make the public aware of the process must take place. Any plan must satisfy the community as well as the legislators proposing it. Three, the public comment period should be exercised in full by citizens before both the legislative and judicial branches and respected by the same. Should valid challenges to such plans arise, they should be taken into strong consideration. Further, in a judicial context, that requires electing vetted, fair-minded individuals to the state Supreme Court.

3. Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

It is a settled area of law that a woman has the right to choose over what happens to her body.

4. What is your position regarding conflicts of interest that may arise as a
result of contributions to a judge’s election campaign: is the appearance
of a conflict sufficient to require recusal?

There is a lack of faith in the fundamental fairness and competency of the judiciary on the part of
much of the public, with many doubting that they can receive an open and fair hearing in the courts. Recent scandals involving local and state jurists have compounded suspicions. Perception can often become reality.

The judicial canon of ethics requires judicial candidates and sitting jurists to disclose any matter or issue of which they are aware that that may have an appearance of impropriety to opposing counsel. Once the matter has been disclosed, the parties can make a determination as to whether a recusal is warranted. If one or more of the parties then believe the judge should recuse himself or herself, he or she should, for the matter of justice – even if no actual impropriety exists. The final decision should belong to the judge, but by the same token, it is incumbent upon any jurist to demonstrate to the public that justice is not for sale.

COMMONWEALTH COURT

Kevin BROBSON

1. What, in your opinion, should be done to reduce juvenile incarceration?

A decision to incarcerate a juvenile must be made after a careful and thoughtful process that considers the offense, the circumstances, and the likelihood of rehabilitatio

n and recidivism. I do believe for many young offenders under the age of 18, there are viable alternatives to incarceration. I also believe that our society needs to do a better job at early intervention with our youth both inside and outside of the criminal justice system by emphasizing education and vocational goals and opportunities.

2. What, in your opinion, would be the best way to ensure fair redistricting?

As a candidate for Judge of the Commonwealth Court of Pennsylvania bound by the Canons in the Code of Judicial Conduct, I am reluctant to make any expression as to what a fair redistricting plan would look like in the abstract. Whether a particular redistricting plan is fair and lawful is a matter for the courts to consider under the facts presented.

3. Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

I personally disagree with the United States Supreme Court’s ruling in Roe v. Wade. That decision and subsequent Supreme Court decisions, however, are settled law from our United States Supreme Court. As a Commonwealth Court judge, I will faithfully uphold the law and apply it to the facts in every case that comes before me in a fair and impartial manner regardless of my personal beliefs.

4. What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign: is the appearance of a conflict sufficient to require recusal?

This is an issue that the United States Supreme Court is considering in its current term. In Pennsylvania, we elect our appellate court judges. Fundraising is part of the election process. In Pennsylvania under the Canons in the Code of Judicial Conduct, candidates for judicial office are barred from directly soliciting campaign contributions. An authorized candidate committee, however, may do so. This provides some level of separation between the candidate and the donor. I do not believe a campaign contribution is, alone, a litmus test to determine disqualification. I will approach any conflict of interest question on a case-by-case basis, cognizant of both my duty to sit as an elected judge of the Commonwealth Court and the need for the public to have faith in the fairness of our justice system and integrity of our courts.

5. Do you agree with the suggestion that all judges should be selected by a merit system? Please explain why or why not.

There are pros and cons to any model for selecting judges. In Pennsylvania, the law currently provides that we elect our statewide judges. As a candidate, that is the process in which I am participating and to which I am committed in this election year.

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Barbara Behrend ERNSBERGER

1. What, in your opinion, should be done to reduce juvenile incarceration ?

I believe juvenile incarceration can be reduced by parents, guardians, and the community becoming more involved in the every day lives of juveniles. The parents and/or guardians can help to reduce juvenile incarceration by communication, having weekly family events, such as game night, “bull session”, movie night (whether it be renting a movie or going out to a movie), and/or a sit down dinner. The community can help reduce juvenile incarceration by helping to provide supervised after-school programs, sports programs, recreational centers, summer day camps, mentoring programs, job opportunities, community service programs. Everything and anything to keep the youth of today busy and involved in both the community and their self-worth. Investment in their future is the ticket.

If a juvenile commits an act that subjects him or her to the Juvenile Court, all alternatives to incarceration should be explored. Incarceration does not improve a juvenile’s chance of functioning better in society. Each case should be evaluated on a case by case basis. For example, if the juvenile had a drug and/or alcohol problem, then that should be addressed as a possible alternative to juvenile incarceration, this alternative would be a rehabilitation program. The incarceration must be accompanied with counseling, education, and recreation.

2. What, in your opinion, would be the best way to ensure fair redistricting?

Fair redistricting relates to the one-man vote concept and the creation of voting districts that are continguous and discrete. The Pennsylvania Supreme Court in the next redistricting will be considering the shift in population to the Eastern part of the State. This may create an imbalance and lack of representation in the Western part of the state that the Court will have to take into consideration. The impact of the Western part of the state upon government will be reduced if we lose State and Federal elected officials.

3. Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

I agree with Roe v. Wade, and the subsequent Supreme Court decisions.

4. What is your position regarding conflicts of interest that my arise as a result of contributions to a judge’s election campaign: is the appearance of a conflict sufficient to require recusal?

The appearance of conflict may be enough to require a recusal, if the conflict is of a serious nature. A contribution may raise the issue of conflict of interest. The greater the contribution, the more likely the possibility is that serious conflict will arise.

5.Do you agree with the suggestion that all judges should be selected by a merit system? Please explain why or why not.

Selecting Judges by a merit system raises the question of what person or group of people determine merit. Will there be an agenda or bias and will the public be kept informed.

The counter-argument is that the expense of campaigning, and the burden that it places on candidates and the election of judges. The requirement of public disclosure of donations and expenditures does make the information available for parties in litigation to raise the issue, if the Court does not do so on its own.

Currently, on elective process is the most open and transparent, but the expense is becoming prohibitive, and may create the demand for a merit selection system.

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Linda S. JUDSON

1. What, in your opinion, should be done to reduce juvenile incarceration?

Prevention begins with programs developing greater awareness and more effective intervention at home, in the schools, and among the medical profession addressing cases

of developing emotional and social difficulties in minors. All juveniles should be tried in juvenile court. Placing juveniles in adult facilities creates factories for adult criminals. Existing juvenile facilities need significant improvement through adequate selection and training of staff, and resources and administrative guidance, or they too can negatively impact juvenile criminal activity and incarceration. Effective programs responding to the emotional and social difficulties of juvenile offenders can play an important role in reducing recidivism.

2. What, in your opinion, would be the best way to ensure fair redistricting?

Legislation should be rewritten assuring that voting districts are geographically concentric and contiguous, with a balance of interests and minorities in the district area, and taking political subdivisions into account. This could be achieved by a five-person non-partisan commission appointed by the governor, the two party leaders of the General Assembly, and by the chief justice of the Pennsylvania Supreme Court and the President Judge of Commonwealth court, the two courts before which election matters appear. The Supreme Court remains the final arbiter in cases of dispute.

3. Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability and after viability if her life or health is endangered?

I believe all medical decisions, including the right to terminate pregnancy, is a matter to be determined between the patient and her doctor.

4. What is your position regarding conflicts of interest that may arise as a result of contributions to a judge’s election campaign: is the appearance of a conflict sufficient to require recusal?

A judge is obligated to avoid all conflicts of interest, including those arising from election contributions. Even the appearance of a conflict of interest is sufficient to jeopardize a finding, and thus requires recusal.

5. Do you agree with the suggestion that all judges should be selected by a merit system? Please explain why or why not.

While there are arguments to be made for both sides, I am concerned about the patronage aspects of a merit system, and I favor elections. I believe there should be baseline requirements for judges, including the number of years of legal practice.

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Stephen G. POLLOCK

1. What, in your opinion, should be done to reduce juvenile incarceration?

We need to make available to children at risk and those that have arleady been involved with the juvenile justice system, the opportunity to connect with multi-disciplinary support networks where appropriate.  These support networks should provide where necessary counseling, education, job training, shelter, food clothing and medical care.  There are many effective remedial techniques and settings available that should be more widely used and applied to reduce juvenile incarceration.

2.  What, in your opinion, would be the best way to ensure fair redistricting?

This is a very challenging question.  This is a political issue that may eventually wind up, at least in the first instance, in front of the Commonwealth Court.  As a judge it would be my duty to follow the precedents established in this area of law.  The principles embedded in our United States Constitution and our decisional law must be applied appropriately to a distinct set of facts as presented by any redistricting proposal that may come before the court system.  The guiding principal of “one person, one vote”, as recognized in Baker v. Carr, was established to protect this essential cornerstone of our democratic system.

3.  Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability if her life or health is endangered?

I do agree with the decision of Roe v. Wade.  I believe that Roe v. Wade strikes an appropriate balance among the rights of a woman’s privacy and the right of the state to protect the health of a pregnant woman and as articulated by Mr. Justice Blackmum, the “important and legitimate interest in protecting the potentiality of life.”  I agree with subsequent decisions that are appropriately grounded in this fundamental balance.

4. What is your position regarding conflicts of interest that may arise as a result of contribution to a judge’s election campaign:  is the appearance of a conflict sufficient to require recusal?

My position is that contributions are to be accepted by a judge’s campaign committee when given by lawyers and other concerned citizens.  These contributions are accepted in the spirit of supporting the election of a qualified and competent judiciary.

However, as in the recent case of Caperton v. A.T. Massey Coal Co., an unusually large contribution should not be accepted to avoid the appearance of a conflict sufficient to require recusal.  A contribution that may bring into question the impartiality of the judge should be avoided.

5.  Do you agree with the suggestion that all judges should be selected by a meric system?  Please explain why or why not.

One of the reasons I hesitated before entering the race for Commonwealth Court was the daunting challenge of running statewide.  I was deeply concerned that the task of informing the electorate required resources well beyond my humble standing.  I believe it is important for the public to be able to have the opprtunity to assess first hand those individuals who seek to sit in judgment of others.  We need to devise a judicial selection system that opens the doors to everyone interested in being a judge.  A merit selection system that allows for public scrutiny of candidates with an acceptably defined standard as to who participates in the determination of merit is crucial.

…

Daniel K. BRICMONT (D)

Dan Bricmont

1. What in your opinion should be done to reduce juvenile incarceration?

The Courts must cooperate with the judicial authorities, school authorities and administrators, the public safety authorities and the prosecuting authorities to seek innovative solutions to juvenile delinquency, abuse and neglect.  The school district must have the ability to provide the appropriate learning environment while, at the same time, give meaning to the phrase “leave no child behind.”

2. What in your opinion would be the best way to ensure fair redistricting?

In a democracy, redistricting is the responsibility of the legislature and chief executive, subject to public scrutiny and transparency.  Only by requiring an open and public process can a fair redistricting be achieved. The judiciary should not participate in the process but remain available to review specific challenges within the appropriate legislative and constitutional mandates.

3.  Do you agree with Roe v. Wade and the subsequent Supreme Court decisions that protect a woman’s right to terminate her pregnancy before fetal viability if her life or health is endangered?

Yes.  As a judicial officer I would apply the well settled interpretations of the US Supreme court.

4. What is your position regarding conflicts of interest that may arise as a result of contribution to a judge’s election campaign:  is the appearance of a conflict sufficient to require recusal?

Yes.  Judicial officers should disclose whether the judge has received contributions from one of the parties or their counsel and recusal should be required if there is an appearance of conflict.

5.  Do you agree with the suggestion that all judges should be selected by a meric system?  Please explain why or why not.

I support the election of judges.   It is critical that the public have a direct investment in the election of judicial candidates. While no candidate would be opposed to a judicial selection base on “merit” the substantial risk of “merit selection” is that attorneys who desire to serve as judges or judicial candidates will necessarily address their campaigns to the merit selectors rather than the public who they serve.

MAYORAL CANDIDATES

CITY COUNCIL CANDIDATES

SCHOOL BOARD CANDIDATES

COUNTY CANDIDATES

JUDICIAL CANDIDATES