Tuesday, April 24, 2007

What is a District Magistrate?

Here is what a District Justice can do:

District Justices have jurisdiction over minor criminal offenses, traffic offenses, landlord/tenant matters and other civil actions where the amount claimed does not exceed $8000.00. In misdemeanor and felony cases, District Justices have jurisdiction to issue arrest and search warrants, hold preliminary arraignments and preliminary hearings and set bail. They also have authority to perform marriages, handle protection from abuse matters and issue subpoenas. They also may impose summary punishments for criminal contempt.

And here is what they did in 2003, 15 District Justices handled just over 69,000 cases (4,600 per justice) and collected $4.6M ($306,667 per justice). District Justices are available 24 hours a day, nights and weekends on a rotating basis.

They serve six year terms and are paid $74,560 (about half what a Judge of the Court of Common Please earns according to the LWVLV).

Bernie O'Hare and I probably couldn't have more diverse approaches to getting to the same end and his post today regarding District Magistrates as 'mini-judges' is a great example (read it here). The point we have both tried to make is that this is a very important election that often gets overlooked (as do most local elections and judge retentions). I have to thank Bernie for doing his homework, which makes my post that much easier.

District Court 03-2-08 (read more here) is vacant and serves Nazareth, Upper Nazareth and Stockertown in the NASD along with Bath and East Allen. According to the Northampton County Court of Common Pleas, "The District Justices are part of a unified judicial system governed by the rules and regulations promulgated by the Supreme Court of Pennsylvania. President Judge Robert A. Freedberg exercises general supervision and administrative control over the District Justices. Debra C. French, Deputy Court Administrator, oversees the operations of the District Courts."

With a vacancy, seven individuals filed to become a candidate for this two year position (completes the vacated six year term). One withdrew before filing his petition, one had her petition challenged and lost, and five remain in contention for the position (thanks to JD Malone who highlighted each along with their reasons why they are best candidate - read it here):

Todd Buskirk, Director of Corrections, Northampton County Prison, age 46.
John Capobianco, Lieutenant, Northampton County Sheriff's Office, age 40.
Yvonne Falcone, an attorney with twelve years experience, age 37.
Gary Hammer, a Police Detective, Colonial Regional Police Department, age 42. Hammer has not completed the state required course for those without a law degree to serve as a Magistrate.
Alan Siegfried, Police Chief, Upper Nazareth Township, age 50.

Bernie had many concerns with most of these candidates, some were discussed here yesterday and more on his site today.

Magistrates are the first line of the courts, they handle a large number of cases, and generate revenue doing so. They also shape the community, and as a result it is important to have the right person serving in this position.

Who is the right person? Well, now that is the trick. On Thursday you can meet these individuals at the Nazareth News Agency between 7 p.m. and 9 p.m. Stop in for a few minutes, or longer, and feel free to ask them the questions you need answered in order to vote for them.

I look forward to seeing you there.

1 comment:

Bernie O'Hare said...

Ross,

We definitely have different styles. Yours should enable you to live a longer life. But in our different wayss, we both agree that this race is very important.

We get the democracy we deserve. We can't take it for granted. That's why I'm glad for your candidates' night tomorrow.