Welcome to Meet the Candidates: MDJ 46-3-02 edition!
We asked the candidates the following questions:
-Why are you seeking the position of district judge?
-Why are you the best candidate for the position?
-Describe, in your own words, the duties of a magisterial district judge. What other duties to you believe the position entails?
-What would your top priorities be as a magisterial district judge?
Candidates who responded or responded by the deadline are listed alphabetically.
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Richard A. Ireland
Hometown: Lawrence Township
Party Affiliation: Cross-filed
Incumbent: Yes
(Bio included in answers)
1) Why are you seeking the position of district judge?
I am seeing re-election to the office of Magisterial District Judge to carry on the work I have been engaged in for nearly 18 years on the bench. It is my goal to bring fair, impartial and knowledgeable justice to the people of this district and this county. Caseloads are constantly increasing, especially in the current economy, civil collection actions are on the rise and crimes against businesses and individuals are increasing. I believe that civil obligations should be fairly recognized and enforced and the victims of crime should be compensated to the fullest extent possible under the law. Criminals should be punished.
I am seeking re-election because I care about the victims of crime and injustice; whether they be our children, individuals or the business owner. I understand every person’s right and desire to have a fair and effective court system in our area. It is my objective to apply my knowledge and experience to protect the rights and property of the residents of this district.
2) Why are you the best candidate for the position?
I have been nominated and elected by both the Democrat and Republican parties every time I have run for this office, which I have held since 1994. District 46-3-02 includes Clearfield and Curwensville Boroughs and Lawrence and Pike Townships.
I have made the Magisterial District Court my career. I am now in my 18th year on the bench of the Magisterial District Court, I believe that my legal education and personal experience in al areas of civil and criminal law and my extensive experience in all duties and functions of the court provide me with the necessary qualifications for re-election to the office of Magisterial District Judge. I pledge fair and impartial decisions protecting your rights and property. I hope for your continuing support in the Primary Election
I am a lifelong resident of Clearfield County. I graduated from Clearfield Area High School in 1972; I was able to attend the Pennsylvania State University during the day, while working the night shift at North American Refractories in Curwensville. I am a Phi Beta Kappa graduate of the Pennsylvania State University. I graduated from Penn State “With Highest Distinction” in 1981, receiving a B.A. in political science. I then attended the Dickinson School of Law, where I received a Juris Doctorate degree in 1984. I also passed the Pennsylvania Bar Examination and was licensed to practice law in 1984
After serving a one-year clerkship with Clearfield County Judge John K. Reilly Jr. following law school, I then commenced a private civil practice of law in Clearfield. I served as an assistant public defender from 1985-1988 and then as first assistant district attorney for Clearfield County from 1988 to 1994, when I was first elected to the Magisterial District Court.
I have successfully presented civil and criminal cases before Magisterial District Courts, Courts of Common Pleas and Appellate Courts of the Commonwealth. I also feel my extensive experience handling cases ranging from summary level citations to criminal homicide has given me the necessary experience to serve the voters of the Clearfield/Curwensville area well. I was appointed Guardian Ad Litem to represent the interests of children in the custody of Clearfield County Children, Youth and Family Services and have served as a solicitor for several municipalities in the county.
Having successfully prosecuted criminals at all stages of our judicial system, I understand and care about victims of crime.
Having worked in local industry and as an attorney, I understand the working man’s right and desire to have a fair and effective court system in our area.
Being a family man and having raised my children here, I know the pressures of raising children and maintaining a home today in our area.
Being an avid hunter and fisherman, I understand the needs and concerns of the sportsman.
I reside in Lawrence Township with my wife Gloria, my wife of 37 years. We have two children and two grandchildren. I am a member of the Emmanuel United Methodist Church of Clearfield and belong to numerous fraternal, charitable and Sportsman’s organizations.
I am familiar with all subject matter areas of the law and procedures before the Magisterial District Courts from many years as a local attorney practicing law in civil and criminal matters and from my 18 years as a magisterial district judge handling all matters brought before the Magisterial District Courts. These matters are often very technical and must be correctly handled to ensure that just results are achieved. If mistakes are made in procedure here, individual rights and freedom are denied, victims are not made whole and crimes are not resolved or punished. You deserve the most qualified and experienced candidate possible making these important decisions protecting your rights and property.
3) Describe, in your own words, the duties of a magisterial district judge. What other duties do you believe the position entails?
The duties of the magisterial district judge are a lengthy list of functions derived from many locations of law. I will give you a brief synopsis of the most frequent occurring.
Crimes: All criminal cases, from the simplest summary citation to the most serious felony crimes, including homicide, are initially filed before the Magisterial District Court. Summary offenses from the Crimes Code, the Vehicle Code, Fish and Boat Code, Game laws and many other statutory sources are filed in the office; pleas of guilty and not-guilty are accepted and penalties assessed or trials are held as needed. If a trial is held, a judge must act fairly and impartially hear the evidence. A decision of guilty or not-guilty is a serious outcome, possibly having long-term effects on individuals far beyond the fine and cost which may be assessed, or jail sentence imposed.
Criminal charges of misdemeanor or felony grades are handled by issuing a summons (notice) to appear at a preliminary hearing or by arraignment to schedule a preliminary hearing and the setting of bail. With a few exceptions, the determination of guilt or innocence on misdemeanor and felony charges is by the Court of Common Pleas. The magisterial district judge holds a preliminary hearing to determine if there is sufficient evidence to warrant the case proceeding on to the Court of Common Pleas for trial.
Landlord-Tenant Actions: Landlord-tenant actions are filed in the Magisterial District Court and the magisterial district judge holds a trial to determine whether a tenancy should continue or end and what, if any, money may be owed to either party. The Landlord and Tenant Act is very specific and in some ways can be very technical. The decision to force someone from their residence is a very serious one and must be handled correctly and according to the law.
Civil Claims: Civil claims may be handled in the Magisterial District Court where the amount of the dispute does not exceed $12,000. When a complaint is filed, the magisterial district judge must serve it upon the defendant according to very specific rules, along with the notice, a hearing must be held. At the hearing a decision will be made by the magisterial district judge by applying a wide variety of contract, tort or other laws along with very specific rules of procedure to determine if an amount of money is owed by one party or another. The entry of a judgment can have long-lasting effects on the individual.
Issuance of Warrants: Search warrants and warrants of arrest may be issued by the magisterial district judge. An arrest warrant is a serious matter and can only be issued when a properly prepared criminal complaint is filed which contains sufficient probable cause to justify an individual being taken into police custody for the commission of a crime. The denial of an individual’s freedom is the most serious matter a magisterial district judge deals with. It must be done correctly and according to law.
A search warrant may be issued by a magisterial district judge. When an application for a search warrant is presented it must contain an affidavit alleging sufficient probable cause to justify the invasion of an individual’s privacy and the search and possible seizure of property as evidence of crime. If mistakes are made in the issuance of search warrants, evidence may be lost and the crimes may go unresolved or unpunished.
Magisterial district judges may be required to be available at any hour of the day to issue search warrants and warrants of arrest, when needed by law enforcement officers. Magisterial district judges are also subject to call-out when needed to arraign an individual arrested by police, to inform them of the charges filed against them, inform them of their rights, schedule a preliminary hearing, set or post their bail and commit to jail if needed.
Other Duties: There are many other duties of a magisterial district judge, too numerous to describe here. For example, the issuance of emergency protection from abuse orders, emergency protective orders for the elderly, collection of fines and penalties assessed by many governmental agencies, enforcement of zoning and building maintenance code violations, performing weddings, swearing of oaths and the list goes on. There are a great many matters, jurisdiction of which is vested in magisterial court judges by statutes. The collection of fines and costs and the distribution of this money to state, county and municipal offices is an important function of the magisterial district judge. Administrative and record keeping requirements are many and varied.
There have been technological advances in the courts. E-filed citations come directly from the police cruiser to the court’s computer and e-payments and pleas can now be made online if the individual so chooses. Court records are available to the public online directly from the state’s computer system, through the UJS portal. All records, with few exceptions, are available to the public in any Magisterial District Court. Certain proceedings can now be conducted online by video conferencing with prisons, jails, police departments and other courts, thus saving travel expenses and protecting budgets.
4) What would your top priorities be as a magisterial district judge?
My top priorities will be, as they always have been, to provide the people of my district with a court that they can rely on to deliver fair and impartial justice. A forum where all disputes and allegations can be fairly heard. Everyone coming before me will be treated with respect and have a knowledgeable application of the law in a court proceeding where overreaching by other parties or overly zealous attorneys will not be permitted. All procedures and outcomes will be explained. The victimization of others through civil injustice or crime will not be allowed. I will fulfill all requirements of the office including all administrative functions and collections.
