Masontown MDJ candidates on video arraignments, night court and warrant backlogs
Roberto M. Esquivel|Herald-Stand
Candidate for district judge Jeff Myers responds to questions from the 缅北禁地 editorial board during a recent question and answer session.
Candidate for district judge Doug Sholtis responds to questions from the 缅北禁地 editorial board during a recent question-and-answer session.
Roberto M. Esquivel|缅北禁地
Candidate for district judge John Kopas responds to questions from the 缅北禁地 editorial board during a recent question-and-answer session.
Grimm-Krupa
Cavalcante
Ryan
Myers
Sholtis
Shimshock
Kopas
The following is the second of three articles detailing the views of the candidates for magisterial district judge in Masontown and the surrounding areas.
Seven candidates are running for the seat which become vacant when Magisterial District Judge Randy Abraham retires this year, and they sat down with the 缅北禁地 recently to discuss their views on a variety of subjects pertinent to the office they seek, including聽 conducting arraignments by video, holding night court and addressing warrant backlogs.
The candidates, who have all cross-filed, include Brenda Cavalcante, a senior magisterial district judge in Masontown; Jeff Myers, chief of security, director of safety, and crisis team leader for the Fayette County Career and Technical Institute; Joseph C. Ryan, police chief for the Masontown Police Department; and Dan Shimshock, German Township Supervisor; and three attorneys, Charity Grimm-Krupa, John Kopas and Doug Sholtis.
All the candidates said they would be in favor of conducting arraignments by video.
Cavalcante, who spent 13 years on the bench before the magisterial districts in Fayette County were reconfigured, said it never bothered her to get up in the middle of the night and appear in court to do arraignments, and that she liked being able to see defendants face-to-face.
鈥淚 would prefer to have the person in front of me,鈥� said Cavalcante. 鈥淭here are things you can鈥檛 see on the video.鈥�
Shimshock said as long as he could see the defendant face-to-face on the video, he supports video arraignments.
鈥淚 believe it鈥檚 a tool that鈥檚 very useful for today鈥檚 society,鈥� said Shimshock. 鈥淚 believe we can use today鈥檚 technology to save taxpayers money.鈥�
As an attorney, Sholtis said he鈥檚 seen people who are in state prisons teleconferenced in for arraignments, and agreed that the process works and saves money at the same time.
Ryan said as a police officer, he supports the use of video arraignments, adding that he would consider using them on a case-by-case basis.
Grimm-Krupa also said it would be important to look at the request for video arraignments individually.
鈥淚 think the defendant鈥檚 wishes should be addressed,鈥� said Grimm-Krupa. 鈥淥ne of the concerns is that the defendant have an opportunity to speak to their attorney.鈥� She said she appreciated the fact that judges usually afford the defense some privacy.
Myers said video would be very helpful in terms of saving money on security personnel and transportation.
One drawback would be the privacy issue, Myers said, which could be brought up at a later stage in legal proceedings by counsel.
鈥淚 would prefer the personal one-on-one basis when making a decision of that magnitude,鈥� Myers added.
According to Kopas, not only does conducting arraignments by video save time and money, but it also increases safety, because some of the inmates who have to be transported for hearings pose a threat.
鈥淭he con of that is that the person might feel like they鈥檙e not getting their day in court,鈥� Kopas said. 鈥淎s long as you can view them and they can view you, I see nothing wrong.鈥�
All seven candidates also expressed willingness to hold night hours for court proceedings.
Shimshock said he鈥檚 100 percent in favor of night court, and that as a township supervisor, it鈥檚 not uncommon for people to see him at his office late.
鈥淣ot everyone can make it to court between 9 and 4,鈥� he said. 鈥淚t鈥檚 very important to get people in and hear what they have to say.鈥�
Grimm-Krupa also said it was important to be flexible.
鈥淧eople who are attending school or have jobs during the day, you want to encourage those routines,鈥� she said. On the other hand, she noted, 鈥淐ourt has a level of importance that you should be able to rearrange your schedule.鈥�
No one expects the office to be open 24 hours a day, seven days a week, said Grimm-Krupa, but 鈥渋t would be good to have hours at night.鈥�
Sholtis said he鈥檚 no stranger to irregular hours, saying he spends more time as an attorney meeting with people between 5 and 8 p.m. than during regular business hours.
鈥淚 would be willing to hold court whenever needed,鈥� said Sholtis, adding that it gives people much greater opportunity to attend court.
Kopas said he has no issue with conducting night court, saying, 鈥淚 believe it would be in the best interest of the justice system.鈥�
In his experience as an attorney, Kopas said he has noticed a lot of scheduling issues come out in magisterial court, resulting in continuances. Night court, he said, could help resolve some of those issues.
Ryan pointed out that continuances lead to frustration.
鈥淭hese people get very aggravated with us, with the system,鈥� said Ryan.
While he absolutely supports holding night court, Ryan said, 鈥淭he only problem I see is getting defense counsel and the district attorney鈥檚 office on the same page 鈥� you鈥檇 have to work that out.鈥�
There are other agencies involved sometimes, like Children and Youth Services and the Crime Victims Center, that would have to be agreeable to evening hearings, Ryan said.
Myers said judges have to be available when when needed. Evening hours might cut down on continuances, he said, adding that the main function is to get everybody there at the same time.
鈥淣ight court is not a new thing,鈥� Cavalcante noted. 鈥淲hen my father was on the bench, he had night court two days a week, 6:30 to 9.鈥�
She said those hearings were mostly for summary offenses, not criminal matters, which would have involved bringing in district attorneys, public defenders, and other related parties.
Conducting business in the evening was a solution Cavalcante suggested for addressing warrant backlogs as well.
鈥淚鈥檓 all for warrant nights,鈥� Cavalcante said. People with active warrants think no one will come at night to serve them, she said.
Ryan confirmed that a backlog of unserved warrants is a definite issue, and said he understands it takes some time to get those warrants served.
鈥淚 would hold warrant details for constables to try to clear up backlogs,鈥� Ryan said.
Kopas said police sometimes work diligently and are not able to serve them all.
鈥淚 would keep track and ask police about the status of the warrant,鈥� said Kopas. Constables need to be properly trained in not letting the warrants sit, he added.
Shimshock and Sholtis both suggested prevention was the best method.
Shimshock said he would actively keep track of warrants in the office and stay on top of them to make sure the backlog doesn鈥檛 occur.
鈥淚 had a client recently who never received her summons,鈥� said Sholtis. 鈥淏y the time she found out, there was a bench warrant from common pleas court.鈥� Better communication could have prevented that warrant from being issued in the first place, he said.
Myers and Grimm-Krupa favored a check and balance system to be certain warrants were being served in a timely fashion.
鈥淚f a warrant is issued, I think there has to be follow up to see if any progress has been made in serving that warrant,鈥� said Myers.
He said there are warrants that have gone unserved for 5 or 6 years. 鈥淲e need checks and measures to follow up on those warrants.鈥�
A checks and measures system would be great, according to Grimm-Krupa. 鈥淚f we hold the warrant servers accountable,鈥� she said, 鈥渢hat may be enough pressure to keep things moving at a better pace.鈥�
She said she has also heard from constables that they would prefer female officers to serve female defendants, to avoid the risk of false accusations of abuse.
Grimm-Krupa said she would review the current system, talk to the people who are aware of the unique problems and try to address them.