The Express Times has an excellent feature about the cast of characters who want to be Nazareth's next district judge. This Thursday, NewsOverCoffee and Nazareth News Agency take it to the next level. They're hosting a district judge candidates' forum at the news agency (60 S. Main St) from 7 to 9 PM. All candidates will be there, and they'll be answering questions.Duties:
Unlike full blown judges, magistrates are just mini-judges. True, they do get to wear black dresses, but can't even sentence you to death. What fun is that? Worse, they must face the voters every six years. No ten year retentions for them! And on a rotating basis, they must be available 24/7.
The big judges' website includes a detailed description of a mini-judge's daily duties: "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." I probably hold the record for most overtime parking tickets in Nazareth, so I know the office very well. Although the annual salary for this position is $74,566, most magistrates consider themselves part-time workers.
Candidates:
Five mini-judge wannabes are fighting over Nazareth's magisterial district, which includes Nazareth, Bath and Stockertown boroughs, as well as Upper Nazareth and East Allen Townships. This rogues' gallery includes Bangor lawyer Yvonne Falcone, Colonial Region police detective Gary Hammer, Norco prison boss Todd Buskirk, Upper Nazareth top cop Alan Siegfried and deputy sheriff John Capobianco.
I've told you before I intend to vote for Capobianco. I tried to get on his campaign team, but he's been warned about me and has had the good sense to ignore my calls. John is the best of a good bunch, but I've got plenty of hard questions for the other candidates. I'll lay them out here, and hope they can answer them on Thursday. Maybe one or more will surprise me. I'll also post any of their written responses as separate blogs.
1) Yvonne Falcone. - Falcone claims our next mini-judge must be an attorney because of the "complexity of the law". Really? Are laymen incompetent? Does that include layman Elmo Frey, our senior district judge? Last time I checked, the state legislature imposes no law degree requirement for magistrates. Does Falcone have the right to substitute her judgment for theirs? My own experience is that the best district judges are layman. They have something most lawyers lack - common sense.
But since Falcone believes only lawyers should be magistrates, then that should mean that experienced lawyers make the best mini-judges. So why have I never seen her in a courtroom? Has she ever tried a single jury trial in Northampton County?
Is Falcone, a practicing attorney, just looking for a part-time job to supplement her income? Will she stop practicing law and devote herself full-time as magistrate? Or will she continue to practice, at least in some capacity, like nearly every other lawyer-magistrate? JD tells me that Falcone views the "magistrate position as a full-time job." That's not good enough. I don't want her to claim later that she is only practicing law part time.
Is Falcone tied to the local Democratic party machine? She used one of its biggest cogs, committeeman Rodney Applegate, to bounce candidate Linda Silfies off the ballot simply because Silfies had only 96 instead of 100 valid signatures. Give me a break! Is she that afraid of a little democracy?
Finally, it's no secret that Falcone's boss, Attorney Dave Ceraul, has faxed local lawyers asking them to help Falcone. Does this make Falcone "free of bias," as she claims? Or does it instead paint her as someone promoting job security for the local bar? After all, unrepresented litigants are incapable of grasping the "complexity of the law."
2) Todd Buskirk. - As Northampton County's Director of Corrections, Buskirk rakes in an annual salary of $79,963. If elected magistrate, he'll retire from the prison. With his twenty-five years of service, he will be able to demand, and get, a pension nearly equal to his annual salary. So taxpayers will be paying both Buskirk's pension and his magistrate's salary. Does it make fiscal sense to elect someone for $150,000 per year when all the other candidates will only cost us half that amount? Aren't you sick of all this double-dipping?
Here's another problem I have with Buskirk. Nearly every one of his signs is next to a building owned by Ray Orwig, Nazareth's biggest commercial and residential landlord. What the hell is up with that? When campaign finance reports are filed, we'll see that Orwig is a big time donor. Orwig, incidentally, owns the building where the district justice office is currently located. The county rents from him. Did Buskirk make a secret deal with Orwig to continue leasing that office? Will he remain there after Nazareth moves its offices to Main Street?
Finally, I'd like to know why Buskirk is playing up a "tough stance on gang activity" approach. Does he know a single candidate who disagrees with that? Come on, Todd, that's just a cynical play on emotions. I expect that from a DA or a cop, but not a mini-judge.
3) The cop candidates. It never fails. No matter where a magisterial election is held, there are almost always a few cops who want the job. This race is no exception. Colonial Region Detective Gary Hammer and Upper Nazareth Police Chief Alan Siegfried incredibly think their police experience qualifies them. I think it does quite the reverse. Their brothers in blue actively appear in Nazareth's district court. How the hell can they expect to be impartial? Won't they be just a little too familiar and friendly with the Colonial Region, Nazareth and Upper Nazareth cops who routinely appear before them? A district judge is supposed to be neutral and impartial - not another arm of the police department.
Take a look at how Hammer views the job - "I look at this as the next step in my law-enforcement career." Huh? I hate to break it to you, Gary, but a district judge does not enforce the law. He upholds it. There's a difference.
4) John Capobianco. - As a deputy sheriff, Capobianco does have a law enforcement background. But unlike the cop candidates, he has no ties with local police departments that will appear before him. He'll move his offices to the new Nazareth municipal center. That will end up saving us money. He won't be collecting a pension, and that will save us even more money. He will have no other job, but will instead devote all his time and energy to the position. Rather than talking about "getting tough," Capobianco will start a program to educate our youth, and will visit schools on a regular basis to provide some educational awareness. He won't owe anything to Nazareth landlords, local lawyers or his pals on the force. His loyalty will be to the public.







