The following questionnaire was originally published before the Primary Election in May. The responses from the two candidates for Judge of the Court of Common Pleas of Clearfield County on November 4 are as follows.
The purpose of this questionnaire is so that voters can use candidate responses to gauge the views, experience and knowledge of the candidates.
Candidates were urged to be thorough in their responses with no word or paragraph limits.
The two candidates are Josh Maines (Democrat) and Ryan Sayers (Republican).
Provide a brief professional and personal background.
Maines: I was born in Clearfield County and raised in Mineral Springs. I grew up in a modest, yet loving home with my four brothers and my parents. We were not wealthy, but I always felt like I had everything. My parents were very active in the church, and both were singers in musical bands. From the time I was a child, faith and music have been defining forces in my life.
I graduated in 1996 from Clearfield High School, where I had been class president and a member of several clubs as well as the wrestling team. I went on to get a bachelor’s degree from Indiana University of Pennsylvania. After an internship with a prominent Clearfield County lawyer, I knew I wanted to become an attorney and decided to earn my Juris Doctorate from Widener School of Law.
I am honored to have served Clearfield County as Assistant District Attorney for five and a half years. I successfully prosecuted matters in jury trials, as well as in state and federal appeals. During this time in the District Attorney’s office, I was fortunate to gain mutual respect of law enforcement officers, which has persisted throughout my private practice.
As a private attorney, I have practiced in many areas of law, including criminal defense, protecting landowners in real estate matters, negotiating energy leases, family law, estates, estate planning and litigation in a variety of civil matters. My work has expanded to include practice before the Courts of Common Pleas in roughly 30 counties. This has provided me with the opportunity to experience the varying processes and differing programs and perspectives among courts throughout the state. I am confident that this exposure to the courts will crucially assist me should I be honored with the grave responsibility to serve as your judge. I have also litigated in appellate courts, including the Pennsylvania Commonwealth Court, Pennsylvania Superior Court, and the Pennsylvania Supreme Court.
Over the course of my years in private practice, I was honored to be named “Best Criminal Attorney” by Best of Tri-County and “Best Criminal Defense Lawyer” in The Progress Readers’ Choice Awards. I am a member of the Clearfield County, Centre County, and Pennsylvania Bar Associations. I am proud to have been selected to serve on the Pennsylvania State Law Enforcement Advisory Commission where I worked with a group of talented Commissioners from across the state to review policy and make recommendations to improve both the safety of law enforcement officers and the public.
I am the father of five amazing kids (Dominic, Angelo, Nicolette, Santana and Sophi) and the husband of the best wife and life-partner a person could ever ask for (Nikki). These will always be the greatest honors of my life. I have served as Music Director and Worship Leader at Gethsemane United Methodist for the last fourteen years and have participated in many community and charity events, including overdose awareness, domestic violence awareness, and cancer benefit events.
Sayers: I am a lifelong resident of Clearfield County being raised in Frenchville by my parents Paul and Therese Sayers. In 2005, I graduated from Clearfield Area High School and then earned my Bachelor of Arts degree from Washington & Jefferson College, majoring in History and Political Science. After graduating from W&J, I earned my Juris Doctorate from Duquesne University School of Law.
Following successful passage of the bar exam, I was employed by the firm of Naddeo & Lewis, LLC in Clearfield for a few years, and then had my own law office for about three years in Clearfield. In 2019, I was elected as your District Attorney and am currently in my second term. As District Attorney, I directly supervise an office staff of 11, work in cooperation with state and local law enforcement agencies and oversee approximately 1,200 criminal cases each year.
As DA, I currently hold quarterly meetings with all law enforcement agencies in the county and have improved communication and cooperation between the different law enforcement agencies at all levels—local, state, and federal. This has led to larger scale drug cases being prosecuted at the county level, certain drug cases being adopted for prosecution by the U.S. Attorney’s Office at the federal level and successfully taking drug traffickers off the streets with lengthy sentences to state and/or federal prison.
Outside of the courtroom, service to the community is an important part of my life. I volunteer my time and talents with numerous nonprofit organizations to include being on or formerly serving as an executive board member for the Clearfield Arts Studio Theatre, the Clearfield YMCA, the Clearfield County Bar Association, the Bucktail Council of Scouting America, the Good Samaritan Center, the Greater Clearfield Chamber of Commerce, and the Young People Who Care. Of those organizations, I served as president of the Clearfield YMCA, Clearfield County Bar Association, and the Good Samaritan Center.
In my ‘free time’, I am a tenor in the Clearfield Choral Society, cantor at St. Francis Roman Catholic Church, perform on stage in shows and musicals at the local community theatre, runs ultramarathons, and enjoy the outdoors by hunting, hiking, camping, kayaking, and golfing.
I live in Clearfield, and am engaged to be married to my fiancée, Kayla Lavella, who currently lives in State College.
What made you decide to run for judge?
Maines: I am running for judge because I have the level of knowledge, experience, patience, temperament and demeanor to faithfully and impartially execute justice in the Court of Common Pleas of Clearfield County. I was approached by several of my peers within the county bar to run for judge, because they know my reputation for being fair, they know my record in courtroom litigation, and they know that I am fit for the role of judge. My professional peers and colleagues have witnessed my temperament and demeanor, as well as my ability to listen, and encouraged me to seek this position.
Clearfield County deserves a fair and impartial judge who has experience in a wide variety of practice areas and jurisdictions. I am the candidate who is best suited to fulfill this role. I will be ready on day one to preside over cases in pretty much every practice area, because my experience has already taken me there. Clearfield County deserves an experienced judge who has a reputation for being fair, maintaining a steady demeanor, and keeping a good temperament in stressful court-room situations. I decided to run because I know that I am the person for this job.
Sayers: As District Attorney, I see the inner workings of the justice system in Clearfield County on a daily basis, I am aware of how other counties handle their respective caseloads, and I believe I am the most qualified candidate to handle the wide breath of cases that will come before the next judge. I am running to bring my knowledge of the law, desire for justice, and proven impartiality to the bench, and to bring new ideas, policies, and procedures to the justice system in Clearfield County.
Please list your qualifications for the position.
Maines: I have both broad and extensive trial and courtroom experience across many areas of law and across many jurisdictions.
I have extensive trial and appellate experience as both a prosecutor and a private attorney, and in both criminal and civil law matters. To my knowledge, I am the only candidate running for judge in this election who has courtroom litigation experience in at least 26 counties throughout the Commonwealth of Pennsylvania. I am in the courtroom practically every day, often in multiple counties.
In terms of practice areas, I have worked extensively in criminal law as both a prosecutor and a private attorney, in jury trials and appeals, ranging from charges of First-Degree Murder to DUI, and pretty much everything in between. I have courtroom litigation experience in several civil law areas, including real estate disputes, contract disputes, negligence, environmental law, administrative law, estate litigation, corporate shareholder litigation, and more.
In family law related matters, I have experience in custody and divorce litigation, domestic relations matters, juvenile delinquency, and juvenile dependency matters.
I have a drive for justice, and a zeal for fairness and impartiality. I have a working knowledge of the law and a strong grasp on legal concepts covering many practice areas. I possess the diligence and work ethic to research and follow the law.
Sayers: Over the past five years, the people of this great County have trusted me with the Office of District Attorney, which includes the broad power of prosecutorial discretion. Each day, I make decisions relating to cases in order to protect the people of Clearfield County and to seek justice. During my career, I have been a prosecutor, defense attorney, and handled custody disputes, contract negotiations, and complex civil litigation.
I am uniquely qualified for the position of judge because I review facts and the law on a daily basis as District Attorney and come to fair, impartial, and just decisions regardless of the criticism from the parties or the public. This is the type of judge that the people of Clearfield County deserve–one that follows the law as written, makes just decisions, is not swayed by public opinion, and has a proven record of being that type of judge.
Between my years in private practice and as District Attorney, I have the unique experience of understanding the diverse cases that would come before me as judge here in Clearfield County, and I am running for judge to bring that knowledge and same fair approach to the bench.
What is your experience dealing with:
Maines:
Child Custody Issues- I have litigated many child custody matters over the last decade. I have successfully litigated custody trials and appeals. I have negotiated and drafted custody consent orders, and litigated emergency custody petitions, contempt proceedings, relocation proceedings and other matters regarding child custody issues.
Domestic Abuse-I have prosecuted and defended many criminal matters involving domestic abuse. I have served as counsel for both the Plaintiff and the Defendant in protection from abuse (PFA) hearings. I have also prosecuted and defended numerous Indirect Criminal Contempt proceedings involving alleged violations of PFA orders.
Divorce Settlements- I have litigated many divorce matters over the last decade, including drafting many family settlement agreements to resolve divorce cases. I have also drafted pre-nuptial and post-nuptial agreements, and litigated equitable distribution hearings and other divorce-related proceedings.
Juvenile Cases- I have prosecuted and defended scores and scores of juvenile delinquency matters, negotiating adjudications and dispositions for minors accused of a broad range of crimes. I have litigated many juvenile delinquency hearings and reviews.
Criminal Cases- I have extensive trial and appellate experience as both a prosecutor and a private attorney, and in criminal Law. I have successfully tried a good number of jury trials and litigated numerous appeals, ranging from charges of First-Degree Murder to DUI, and pretty much everything in between. I cannot even begin to estimate the number of criminal matters that I have handled over the years. I believe that I am the only candidate to have handled criminal cases and negotiated outcomes for clients in at least 26 counties in the state I have been selected for and served on the Pennsylvania State Law Enforcement Advisory Commission, one of twenty voting commissioners from across the state. I was also the first candidate in this race for judge to be endorsed by local law enforcement.
Sayers:
Child custody issues- While I was in private practice, a significant portion of my clients were mothers, fathers, grandparents, and guardians in various custody matters. I would regularly file or defend emergency custody petitions, appear for custody conference, negotiate at custody mediations, and advocated for my clients during full custody trials.
Domestic abuse- Sadly, domestic violence and abuse are a regular part of the criminal justice system in Clearfield County, and much of it is related to the abuse of control substances. My experience with domestic violence and abuse comes from speaking with victims of such crimes and their families and also holding people accountable when abuse occurs.
Divorce settlements– Many custody cases also start out as being part of an overall divorce matter. While in private practice, I worked with my clients to negotiate settlements of marital estates. This also included working with plan administrators to resolve potential issues about retirement policies.
Juvenile cases– In private practice and as District Attorney, I handle and have handled juvenile criminal and delinquency cases before the Court of Common Pleas. Many do not get to see the workings of the juvenile system because they are ‘closed’ proceedings, which means they are not open to the general public to observe. This is built into the law in order to protect the juvenile while working to rehabilitate and/or get the juvenile the help he/she needs. The ultimate goal of juvenile proceedings is to get the child on the right track and hopefully will not be part of the adult criminal justice system after the age of eighteen.
Criminal cases- I am in my second term as the District Attorney in Clearfield County and prior to that I was a private defense attorney. I have a wide range of experience in the criminal justice system from working with investigators, approving search warrants, conducting preliminary hearings, litigating motions and petitions, handling single and multiple day trials for murder, drug trafficking, rape, arson, and drug delivery resulting in death to name a few, and arguing appeals before the Pennsylvania Commonwealth and Superior Courts.
How many trials have you personally handled in both civil and criminal court?
Maines: Over the years, my focus has been on delivering positive outcomes for the public as a prosecutor and for private clients as a private attorney. With that, I have not kept personal statistics and cannot possibly answer this question to any level of specificity. I can only guess that I have personally handled well over a hundred criminal and civil related trials over the last fifteen or so years, with many of them being jury trials. I am a trial attorney, that is what I do and what I have done for many years now. I am in court on a daily basis.
Sayers: I have personally handled numerous trials between the civil and criminal divisions here in Clearfield County, and other hearings in regards to motions and petitions related to civil and criminal cases.
Between the dockets, I have personally handled week long murder trials, arson cases, drug delivery resulting death cases, the rape of a child case, and possession with the intent to deliver controlled substances cases to a name a few. Needless to say, I have plenty of experience being in a courtroom and handling cases before a judge and jury.
Do you have experience as both a defense attorney and a prosecutor?
Maines: Yes. I have very deep and broad experience as both a prosecutor and a defense attorney. I have outlined this in several questions above and will spare you further repetition.
Sayers: Yes, I do. When I was in private practice with Naddeo & Lewis, LLC and in my own law office, I was a private defense attorney and also court appointed conflict counsel for those that were indigent. Since January of 2020, I have been the District Attorney here in Clearfield County. As District Attorney, I am not only responsible for prosecuting criminal cases in the courtroom, but also have to regularly review investigations, charges, and search warrants to apply the facts to the law and make sure that justice is done in each case.
What is the most difficult criminal case you have ever handled and how did you overcome those challenges?
Maines: I will choose not to discuss facts of specific cases. Even without naming names, I do not wish to risk breaching attorney-client confidentiality. All cases come with their unique difficulties, and any type of criminal matter can provide challenges. As a trial attorney, you learn through experience how to adapt to changing situations and unexpected moments in trial where your only chance at success is to think fast and to respond “on the spot.” In my experience, the more exhaustive the preparation, the more ready you are to face the most difficult challenges that a trial may present to you.
Sayers: There is one case that stands out as the most difficult because of an evidentiary issue that was stacked against me. The defendant was charged with the attempted murder of an elderly man, and the defense attorney had the defendant evaluated to see if the defendant could stand trial. The doctor’s report came back that the defendant was capable of standing trial, but the doctor’s opinion was that the defendant could not be guilty because he lacked the mental intent to commit murder.
During the course of trial, I was able to get of record the statements of the defendant, prior acts of the defendant, and challenge the doctor on her conclusions as to the defendant’s culpability. At the end of the trial, the jury sided with me that the defendant, while having some mental health issues, did understand the consequences of his actions and found him guilty by mentally ill and he was sentenced to years in state prison where he can get the help he needs while also protecting society.
What are your thoughts about starting a drug court in Clearfield County?
Maines: My experience and observations within the criminal justice system, in this county and throughout the state, lead me to the conclusion that most cases that come through our criminal courts will have a drug and alcohol component, a mental health component, or both. Clearfield County has some programs and services in place to address some of those concerns, yet these issues are only becoming more and more prevalent.
Having practiced law in many counties throughout the state and having experienced the way drug treatment courts and mental health treatment courts work, I believe diversionary programs such as these are worth exploring for Clearfield County. For these programs to exist and thrive, they must be well funded with monies appropriated through grants or other sources so that the program can be self-sufficient. Most importantly, any such program must incentivize treatment.
I want to make it clear that, should I be elected as judge, I will not be able to unilaterally devise and implement plans for a treatment court or other diversionary programs. That said, I will be able to be a voice in the room advocating for programs that will work to alleviate the strain that drug and alcohol dependency and mental health issues have on the criminal justice system. Throughout my practice of law, I have advocated for clients to help get them the appropriate treatment for dependency and mental health necessary to assist them in living a more healthy and productive life.
As a candidate for judge, I am grateful to have the support of several mental health professionals, and I am thrilled to be endorsed by Susan Ford, retired Executive Director of the Clearfield Jefferson Drug and Alcohol Commission.
Sayers: As a candidate for District Attorney and as the District Attorney, I have been an advocate for a Drug Court in Clearfield County. As District Attorney, I brought a lawsuit against opioid manufacturers and distributors on behalf of the people of Clearfield County due to the opioid epidemic that has plagued the area. In conjunction with the Clearfield County Commissioners, the lawsuits have resulted in over two and a half million dollars in settlement proceeds so far. The Clearfield County Commissioners and I have allocated a portion of these funds be used towards establishing a diversionary Drug Court program in order to combat the drug and overdose crisis. Drug Courts have been studied around the country and participants are statistically less likely to relapse and/or end up back in the criminal justice system.
While waiting on the implementation of the Drug Court program, which I intend to implement as judge and with the permission of Judge Paul Cherry, I have already instituted the Law Enforcement Treatment Initiative (LETI) as a diversionary program for low level drug users to get the assistance they need to break their cycle of addiction. This program has had a number of successful graduates over the last few years with more individuals currently working to change their lives for the better.
Please describe your judicial philosophy.
Maines: The judicial philosophy that should prevail for a judge of the Court of Common Pleas is to seek justice, exhibit fairness, respect the rule of law, and uphold the Constitution of the United States and the Constitution of Pennsylvania.
In my hundreds of interactions with Clearfield County voters at their doorsteps and at public events I have never once been asked “what is your judicial philosophy?” There has been much talk about “judicial philosophy” in this race in social media and other platforms. Let’s bring this into focus. This is not a race to become a justice of the Pennsylvania Supreme Court. A judge of the Court of Common Pleas will not be the primary arbiter of the Constitution and will not likely be deciding hot-button political or social issues. We can talk about judicial philosophies relating to constitutional interpretation, but such discussions will not provide much guidance on the important judicial decisions that a judge of the Court of Common Pleas will make every day. These daily decisions will have life-changing impacts on individuals and their families. If I am elected as judge, I will apply and uphold constitutional principles that are settled in caselaw handed down from the higher courts. The day-to-day decisions that I will make will have everything to do with justice, fairness and respect for the rule of law.
A judge of the Court of Common Pleas will decide whether a person should lose their freedom and become incarcerated. A judge of the Court of Common Pleas will often decide whether families will be separated, and whether and when a parent may have contact with their child. Regarding the decisions a judge of the Court of Common Pleas must make day in day out, you should be most concerned with whether they will pursue justice, exhibit fairness and impartiality, and faithfully follow the rule of law.
My pledge to you is this: if I am entrusted with the grave responsibilities of this office, I promise to bring justice, fairness and respect for the rule of law to every matter that comes before me.
Sayers: My conservative Christian values are the foundation of my life philosophy. As a jurist, I am a textualist and strict constructionist in regards to interpretation of the law. This means I believe my role as judge is to apply the law as written and not substitute my own will to gain some desired outcome in a case.
Additionally, since law school I have been a member of The Federalist Society, which is an organization of lawyers and jurists that believe and advocate for textualism and originalist interpretation of the United States Constitution. The Constitution is not a living breathing document but instead should be viewed as written based on the original intent.
If there is a disagreement with a law as written or there is a desire to change the Constitution, then I believe such change should come from the legislative or executive branch, not the judiciary. One of the most divisive things that has occurred in our system of government is when judges try to rewrite the law from the bench.
As a judge, I will make my decisions as I already do on a daily basis as District Attorney, I will review the facts and the law as written, then make the appropriate decision that is just and impartial.
