Welcome to GantDaily’s Meet the Candidates: MDJ 46-3-03 edition!
We asked the candidates running for this position 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 by the deadline are listed alphabetically.
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Daniel J. Nelson
Hometown: Decatur Township
Political Affiliation: Democrat/(cross-filed judicial candidate)
Incumbent: No
Born and raised in Clearfield County. Grew up in Chester Hill Borough and now live in Decatur Township, just outside of Pleasant Hill. I am a 1997 graduate of Philipsburg-Osceola Area High School; a 2001 graduate of Duquesne University, and a 2004 honors graduate of the Thomas M. Cooley Law School. I have completed graduate course in public administration. Following law school, I worked for the Michigan House of Representatives, as a judicial law clerk in Centre County for Judges Charles C. Brown, Jr., and Thomas King Kistler. Next, I was the court administrator of Clearfield County upon my appointment in 2006 by President Judge Fredric J. Ammerman. Now, I am an attorney in the general practice of law in Philipsburg, representing clients in criminal and civil matters. I am an admitted member of the Pennsylvania Bar. I am active in my church; lead a number of civic and charitable organizations; and love to hunt, fish, ski, golf, run, and to just spend time with my family.
1) Why are you seeking the position of district judge?
For as long as I can remember, I have wanted to be a public servant. Indeed, I have made it my career goal. To me, there is no greater service—no better way to give back—than to be a dedicated and hard-working public servant. I am seeking the position of district judge because I believe I am the best qualified individual for the position and the citizens of Clearfield County deserve the best.
I believe we have a proud judicial tradition in the country. Save a few high profile cases, the American judicial system is the best in the world. And, our judicial system is what it is today because of qualified, capable, and committed judges that have thoughtfully crafted a system of laws that serves each and every person appearing at the courthouse door. It’s not perfect, but it is and remains the best in the world. I am running for district judge because I believe I can continue that tradition. For me, my campaign for district judge is not a career move, it’s a calling—a calling to serve the citizens of Clearfield County.
There’s the unique relationship between citizens and their judges. Citizens give judges great responsibility and authority. Judges, in turn, are asked make difficult decisions about people’s property, families and children, and sometimes even an individual’s freedom and rights. In exchange for that grant, citizens should and do expect the absolute best from their judges, including a commitment to work hard, to give the best of his or her skills and ability, and to never shirk or shy away from that responsibility.
2) Why are you the best candidate for the position?
I believe the best judges bring with them a unique combination of knowledge, ability, and an uncompromising sense of fairness. Because I bring a full legal education, actual legal and courtroom experience, and years of experience working for the courts, I believe I am the best candidate for this important position.
First, the best judges are fully and completely trained in the law. A legal education, from an accredited American law school, is an education second to none. It prepares an individual for the practice of law or to be a judge, by teaching all areas of the law. While education is in no way a complete substitute for experience, it is the best, first step in preparing someone to be a fair and capable member of the bench. Furthermore, with a law degree and as an admitted member of the Bar, I am automatically qualified for each and every judicial position in the Commonwealth with no additional training required.
Second, I possess more than just a legal education—I possess actual experience in both legal practice and with the courts. As an attorney, I possess that experience of counseling clients. As a former judicial law clerk and court administrator, I also possess the experience of doing the work of a judge. For years, I worked with judges on a daily basis, planning cases, considering motions, enforcing orders, drafting opinion and orders, and resolving issues that developed among litigants and attorneys. That was my job. Through that experience, however, I have developed a unique skillset that has prepared me well to handle the demands of the bench.
Third, because I have seen and experienced all sides of the court system, I bring with me a unique appreciation for fairness and equity. I have worked for the court, I have represented defendants and those accused of crimes, and I have prosecuted plaintiffs at all levels of the courts system. This experience, which only I bring, has allowed to me to truly understand each and every case that comes before a judge must stand on its own merits. No one side, no one official or attorney is necessarily right or wrong. After all, first and foremost, a judge must be fair.
Further, for years, I was the formal criminal arraignment officer in Clearfield County and, during that time, formally arraigned more than a 1,000 criminal defendants from minor misdemeanor offenses all the way to homicide and in courtrooms and correctional facilities around the state. I have held the responsibility of carrying out the functions of a judge, and I did my job fairly and effectively, and earned the respect of litigants and attorneys alike.
Finally, I bring a commitment and a record of giving back to my community. Although I cannot list for you all of my positions and causes, I am a very involved community leader. Whether I am picking up litter from the highway, raising money to fight cancer, helping to mentor young people, or delivering supplies to veterans in care facilities, I am a committed community leader.
3) Describe, in your own words, the duties of a magisterial district judge. What other duties to you believe the position entails?
Magisterial District Judges (MDJ) preside at and oversee limited jurisdiction courts. As the first step in the judicial system, Magisterial District Courts are sometimes referred to as the “People’s Courts.” Very often, litigants are unrepresented by attorneys and prosecute or defend on their own cases without assistance.
District judges handle small claims cases, landlord-tenant disputes, traffic and ordinance violations, violations of gaming (wildlife) law, criminal cases up through and including the preliminary hearing stage, guilty pleas and sentencing for minor criminal charges, and the issuance of warrants and the setting of bail. The duty of a MDJ is to assure the cases are heard, decided in a timely fashion, that all parties get a fair hearing, that the law is applied appropriately, and that the judge’s orders are enforced.
An MDJ is also responsible for the proper management of his or her district court. For example, the MDJ must assure the all monies (fines, costs, and restitution) are properly accounted and deposited, all process and court documents are served, cases are properly managed and resolved, that staff are properly supervised, and that all county employment policies are appropriately enforced.
Beyond the stated duties of an MDJ, however, there exists the obligation of all MDJs to seek to change courts and the court system for the better. This is not a stated duty of an MDJ in any manual. Nevertheless, a good judge is an effective and creative judicial leader. I have done this in my past—I commit to you, the citizens, I will continue that leadership in the future.
4) What would your top priorities be as a magisterial district judge?
In three words: budget, security, and innovation.
The first priority is budget. The judiciary, like the other branches of government, has come under great fiscal pressure recently. A shrinking state budget has resulted in a significant underfunding of the state-wide Pennsylvania court system for the last three (3) years. The Chief Justice of Pennsylvania just announced a projected $47 million under-funding of the Judiciary for year 2011-2012. Consequently, the court system must become better custodians of tax payer dollars and more efficient in operations. It must improve, and this will be my top priority: to be an effective judicial leader in fair and efficient court operations. I carried out this kind of leadership during my years as Clearfield County Court Administrator, delivering consecutive annual court budgets with no increase in discretionary spending. I will continue this leadership, if elected MDJ.
Second, I promise to make security a priority. Magisterial District Courts throughout Clearfield County lack any adequate measure of security. Most county courthouses, including Clearfield County, have security personnel, magnetometers, bag scanners, and sheriff’s deputies. District Courts have only closed circuit security cameras. Because the consequences of not having adequate security are so dire—in the health and safety of district court staff and the public—I promise to make security a priority.
Third, innovation is the only effective way to keep increasing caseload and personnel costs under control. Now, let me be clear: I am not advocating sweeping changes to every manner of court business, which will cost countless thousands of tax payer dollars. I am talking about the necessary innovation to court business that allows a court to stay lean and efficient. As the former Court Administrator of Clearfield County, I delivered this kind of innovation, which did result in cost savings. For example, I implemented a court-based video conferencing system, both at the Common Pleas and Magisterial District Courts, that has saved the county, courts, and local police agencies thousands of dollars in detainee transportation costs. In addition, under my leadership, we pushed forward with programs for online payment of traffic and summary citations, increasing out-of-state collection rates. Citizens deserve the most from their tax dollars. And, all things considered, small innovations are the most effective way to keep costs down, increase efficiency, and become better customer focused.
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Jerome M Nevling
Hometown: Winburne
Political Affiliation: Democratic Party/(cross-filed under both parties)
(Due to the nature of Candidate Nevling’s response, it was not broken down by question; please refer to the intro for a refresher on the questions asked to the candidates.)
The duties of a Magisterial District Judge explained in my own words are as follows:
As a Magisterial District Judge I would be under the supervision and direction of the Honorable Fredric J. Ammerman, President Judge of Clearfield County Court of Common Pleas.
The first item of business a Magisterial District Judge must be concerned with is Jurisdiction and Venue.
Venue simply put is, where did the issue happen? If it happened in my district, then I can handle it.
A Magisterial District Judge receives his powers from Article 5 of the Pennsylvania constitution.
Title 42 Section 1515 of the Pennsylvania Consolidated Statutes, (Judiciary and Judiciary Procedure), puts down in writing what jurisdiction a Magisterial District Judge has.
Jurisdiction simply refers to what cases a District Judge is allowed to handle through his office. A District Judge is a court of non-record, which means no issues of real property (real-estate) may be handled in his office. Otherwise, a District Judge can handle up to $12,000 in civil cases which may entail: breaches of contract, accidents, business and professional persons suing for nonpayment of bills, and private individuals suing other individuals for non-payment in civil actions, such as bad checks or even harassment. Many landlord-tenant actions are filed through the offices, as well as many other civil conflicts. Once the civil complaint is filed, the Magisterial District Judge would set up a hearing for the parties to be heard. After all the evidence and testimony is heard, he then would render a fair and impartial verdict. This would lead to a judgment, and if not paid, could lead to a sheriff’s levy of personal property and a sheriff’s sale being scheduled.
A Magisterial District Judge’s jurisdiction in criminal cases may involve everything from a parking violation, to the beginning stages of a murder case with the filing of the criminal complaint. Offenses under the crimes code, vehicle code, Dog Law, Fish and Game, and domestic relations (emergency protection from abuse orders), are all handled through his office. When an officer files a complaint, a summons or warrant would be issued. The defendant would then be brought before the District Judge for arraignment. This would involve advising them of the charges alleged against them, providing them with a copy of the charges, advising them of their right to bail and an attorney, and if they couldn’t afford an attorney, advising them of their rights to have one appointed free of charge if they qualified. A preliminary hearing would then be scheduled within 10 days. At the preliminary hearing, these court cases are presided over by the Magisterial District Judge at our centralized court held at the Clearfield County Jail on Wednesdays.
The defendant may waive his preliminary hearing to the Court of Common Pleas; or, after hearing, the charges may be dismissed, or bound over to Court of Common Pleas if a prima facia case is found.
Magisterial district Judges also handle many traffic and non-traffic cases through their offices. This summary process would involve docketing the citations, possibly issuing warrants if the citation is not answered within ten days, and may involve the acceptance of a guilty plea or a not guilty plea on a traffic or non-traffic citation, which then would lead to a summary trial held at the office.
A Magisterial District Judge is bonded, and along with his staff handles financial reporting. This includes receipt and disbursement of funds to the county, state, local municipalities and school districts which provides an accurate case management for the office.
A Magisterial District Judge, along with his staff, are also in charge of docketing, filing, and transferring to the Prothonotary all documents required for appeals and cases bound to the common pleas court.
Magisterial District Judges also are on call at night time on a rotating basis. This ensures the handling of after hour arraignments, and issuance of search warrants and emergency protection from abuse orders. As officers of the Pennsylvania Unified Judicial System, Magisterial District Judges may administer oaths and affirmations and take acknowledgments. Magisterial District Judges also have the authority to perform marriages.
My top priorities as a Magisterial District Judge would start with my availability to the people of my district. This simply put would mean, I will be at my office (unless presiding over centralized court on Wednesdays), to assist any person who comes through my door with an issue.
My next priority would be to listen to the issue that is brought forth, identify if I can handle the situation by law through my office, and if not, refer the person to the proper resources to assist with the issue. Then I would check back with the person to see if they received the proper help with the problem.
I truly believe that the position of Magisterial District Judge is a position of service to the people. This is where my top priorities will remain. Of course, I will carry out all other administrative duties of my office to the best of my ability and training, and I will remain proficient on the laws, but without the people, there would be no need to worry about scheduling, docketing or any other matter, for there would be no need of a District Judge.
To answer the last two questions addressed to me, I feel it necessary to give the people a brief description of my duties for the past 21 years as a full time deputy sheriff and part time police officer.
On January 2, 1990, I began my career as a deputy sheriff with the Clearfield County Sheriff’s Office. My duties consisted of working daily with civil documents such as complaints, sheriff levies, sheriff sales, writs of execution, magistrate and bench warrants, and basically any civil process that was filed through the Prothonotary or through the district judge courts.
In addition to the civil process, I carried out law enforcement duties as a deputy sheriff which involved the Crimes Code. These duties consisted of conducting investigations, filing criminal complaints, making arrests, preparing for trials, testifying at preliminary hearings, and testifying at jury trials.
My duties also involved writing traffic and non-traffic citations, serving warrants, and again working with all aspects of the law such as vehicle code, dog law, health and safety, and protection from abuse orders under the domestic violence act.
Soon I learned the awesome responsibility of the Common Pleas court. My duties consisted of being in the courtrooms with Judge Reilly, Judge Ammerman, and Judge Cherry. Year after year, and hundreds upon hundreds of trials, and hearings later, I fell in love with the courts. I was amazed with the law, and all its elements, and applications. Soon I began pursuing courses on the law through Penn State and Temple University. In 2001 I became an instructor for Indiana University of Pennsylvania to teach law to police officers, and eventually became a coordinator for Police academy at IUP at the Punxsutawney campus. In 2003 I received a special commendation from the Supreme Court of Pennsylvania for work as a judicial council committee member, and also a special commendation from Tom Corbett Jr. through the Attorney General’s Office for outstanding service.
In 2005 I became certified by the Supreme Court of Pennsylvania Minor Judiciary Education Board to hold the position of Magisterial District Judge. That same year I began pursuing the office when I was the only candidate to run against incumbent Michael Rudella for district 46-3-03.
In addition to my law enforcement and court duties, I remained actively involved in my community with the churches, schools and special organizations. If elected I will continue to carry out these programs.
In answering your question as to why I am seeking the position of district judge, and why I believe I am the best candidate for this position, I believe with my years experience working in the courts and on the streets, that I not only have the most years of civil, criminal and court experience to offer the people, I also have the most years experience working face to face with people and their problems. The people in my district deserve the most qualified candidate in all areas. This position is about serving the people, and helping them to get the resources needed to get solutions for their problems. As a public servant, I swore to uphold the law and protect the people in my jurisdiction, even to the point of laying down my life for them. In order to uphold the law, I needed to know all the laws to carry out my duties. I now offer the many years legal experience, and the common sense I gained on the streets, to the people of District 46-3-03. I hope they will find me worthy to serve them as their next Magisterial District Judge.
