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.
But your boy, Capobianco does have enough time to collect pension money. Also, he's the picture of owing political favors. Isn't he the character whose campaign stance is "My brother-in-law is Craig Dally, a State Legislator." Talk about taint and owing favors! Craig Dally even walks him around by the hand. What does Capobianco stand for anyway? Anyone who needs to stand on someone else's credentials, has none of their own worth noting. Capobianco will have the biggest political favors to repay. Also, how can he move the DJ office? It's not the dj's decision--it's the county's job to decide. job. Is he better than Freedberg or the county council who hold this decision? I guess his brother-in-law the legislator will help with that one too. And educating our youth...huh? What is his plan? Sounds like more fluff to me. On the phone and on my doorstep, Capobianco fails to impress. He can have your vote. You have offered no valid reason to vote for him. The other candidates at least give reason for the voter's support.
ReplyDeleteBernie secretly covets the black dress.
ReplyDeleteBernie, I could not find an email address to email this to you. The Bethlehem City Democratic Committee and Moravian College Democrats are sponsoring a Bethlehem City Council Debate tonight at 7:30 at Moravian College's Prosser Auditorium.
ReplyDeleteMy email addy is BOHare5948@aol.com.
ReplyDeleteAnon 3:43 AM!
ReplyDeleteI don't how someone can spend time on a blog at 3:43 AM.
1) Capobianco, Hammer, Siegfried and Buskirk are all public employees. But the only one able to collect RIGHT NOW is Buskirk. Facts are facts. And the fact is that taxpayers will pay twice as much for Buskirk as for any of the others.
2) A magistrate has a lot to say about where his office is located. Don't kid yourself about that. And I'd like to see the argument that a private landlord is better than a public landlord.
3) Capobianco is "my boy?" I didn't know voting for him made him my new son. Must be one of those goofy Nazareth laws.
4) I'm aware that Capobianco is related to Craig Dally, a state rep in Bushkill. What's he supposed to do - disown him? Dally's district covers municipalities not included in capobianco's district. Just how are these guys supposed to do each other favors? That's horseshit. Political favors come into play when someone gives something of value (money, favorable locations for signs) and expects something in return (renting my building). Political favors come into play when a candidate gets her boss to fax lawyers for support, and they later appear in front of her. Or when a cop becomes a judge based on support from officers in his department, and later hears cases from his own department.
Bernie,
ReplyDeleteAre you saying Buskirk doesn't deserve to be magistrate because he has earned a pension by irtue of his 27 years of county government service?
If so, I guess that also means Stoffa should not be county executive.
The way I see it, Buskirk has earned a pension - that's not double-dipping (which I define as getting paid twice for one job).
Capobianco may not be a member of a local PD, but he's STILL part of the police community - and we all know how cops stick together.
Buskirk has wanted to be magistrate for a long, long time and has done all the right things to prepare for this race. He's smart, clean, honest - and has the required training. He's what we need.
Anon 11:46,
ReplyDeleteWhat I am doing is pointing out that taxpayers, if they elect Buskirk, will actually be paying him $150,000. They will get everyone else at half that price.
Our pension system is obscene and needs to change befoee it starts bankrupting local and state government. This is not hysteria, but reality. Anyone on a public pension, even Stoffa, should not be able to collect that pension if he is continuing to work in another capacity. Pension laws need to be changed.
I agree with many of your observations about Buskirk. He's a good and decent man. But the simple truth is we will be paying both his salary and pension. That's for us to decide. Do we want to pay twice what the job is worth? Perhaps Buskirk will have an answer to this question. Perhaps he won't collect his pension until he retires as DJ. You've decided you like Buskirk, and he's worth it to you. I respect your decision.
Capobianco is a deputy sheriff, but has no direct connection to the local departments that would be trying cases before him. I'd venture to say that Buskirk, in his capacity at the prison, probably has more contact.
The truth is we have five good choices. I criticize what I call "cop candidates," but there may be those who feel this law enforcement background is a great attribute that seasons them and exposes them to the community. Falcone's legal background is viewed as an asset by some.
I pose these tough questions, not as a personal attack against some good people, but because the position being sought is very important.
Although my personal choice is Capobianco, he should be exposed to the same scrutiny as anyone else. Someone pointed his relation to Craig Dally. That does not troube me bc Dally's district doesn't include any of the municipalities in which Cap would be involved. But it might bother some.
I actually compliment and credit the five candidates for subjecting themselves to scrutiny at a candidates' night. But instead of dealing in generalities, I thought it best to lay out some very specific concerns.
OK - but we sure aren't going to change pension laws retroactively.
ReplyDeleteNo matter who is elected, the taxpayers will be paying the same amount. The magistrate will get a salary and Buskirk will get his earned retirement pay. The tax payers won't get hit any less.
Should retired military personnel also forego their pensions should they decide to run for office? Should we require that whomever we elect for any position have no source of income other than the income from the position they seek?
But I don't see how Buskirk is at fault for earning and subsequently accepting a pension under the present system. And I don't see why he should have to give up that earned pension to serve in another position unless every other public official does the same thing.
The system is what it is. If you want to see it changed, that's great. I agree with you on that point. I think government pensions should be based on total years of service. Until the laws are changed by the state legislature (and good luck with that), there's nothing we can do.
Craig Dally's office is in East Allen Township. I could muster respect if every sentence out of this guy's mouth wasn't to state his relationship to a political figgure. It's a poor statement on both of them. I'm waiting to hear a reason to vote for Capobianco--none yet. Guess it's easier to try to pick on everyone else if you got a weak candidate you just like.
ReplyDeleteMr Ohare
ReplyDeleteHats off to you to point the conflict of interest of Ray Orwig the biggest slum landlord in the borough of Nazareth bank rolling Todd Buskirk's campaign. One of the many cases a magistrate will hear is landlord tenant cases. Mr Ohare do your home work a deputy sheriff in the state of Pennsylvania is not a law enforcement officer. A deputy sheriff's main duty is to serve court orders signed by the Northampton County Judges that you like so well. So more then likely Capobianco has never been in a court room except to provide security for the county judges.
Anon 2:13PM,
ReplyDeleteI stand corrected. I just checked Dally's district. It includes Boroughs of Bath, Chapman, Pen Argyl, Wind Gap; Townships of Bethlehem wards 1, 4 (district 2), Bushkill, East Allen, Hanover, Lower Nazareth, Moore and Plainfield. His district does overlap to some extent with the nazareth magisterial district. I apologize for not having my facts completely right, and thank you for correcting me. This is just more proof that I learn as much from those making comments as anyone who reads my blog can pick up for herself.
His connection to Dally does not trouble me even though Dally's district overlaps with some of the nazareth district. I just don't see a potential for mischief, and I look for that harder than most.
If Capobianco talks about his relationship to Dally, it's because Dally is extremely popular. He's highly regarded in the state house and by his own constituents. Like Rich Grucela, Craig had no opponent in the last election. Given the climate, that's an unusual achievment.
Capobianco has given you positive reasons to support him. His experience as a deputy sheriff exposes him to both the civil and criminal side of the law. He has pledged he would be a full-time magistrate, and would not seek other part-time employment. I don't believe any other candidate has made this pledge. He's a lifelong resident of the community. He's trying to save taxpayers $ by moving the magistrate's office in some sort of public arrangement with nazareth, whether at 30 Belvidere or on Main St. He's a strong candidate, and the many yard signs I see is evidence of that. But if you have problems with his Dally connection, you shoud go to the candidates' night and ask your questions.
As far as "picking on" others is concerned, I make no apology. Those are hard questions, but it's an important job, and those questions need answers.
Anon 2:07,
ReplyDeleteFor a job that pays in the high $70s, we should be able to find a capable candidate who has no other source of income. Whoever becomes a district judge should be committed to devoting himself or herself entirely to the position.
Obviously, we can't change pension laws retroactively, but they need to be changed soon, and that's no BS.
What we can do, however, is elect people who don't already collect one public penssion while drawing a public salary. Why should the public pay $150k when it only has to pay $75k? We have a choice. Do we want to pay $150k for Buskirk when we can get everyone else for $75k? Is he that good? Maybe he is. Maybe he's not.
Anon 2:39,
ReplyDeleteDeputy sheriffs are most certainly considered law enforcement officers. They have the same arrest powers as any other police officer if they have the requisite trraining except for wiretaps.
But you are right. They spend a lot of time providing court security and serving civil process. I believe Capobianco runs its criminal division.
A deputy sheriff has the limited powers of arrest for traffic laws only. Read Pa Decision Kopko et al vs. Miller, written by life long resident Judge Robert Simpson. If you check Rep Dally's web site, why would he need to draft legislation asking Sheriff's to paticpate in law enforcement activities.
ReplyDeleteCapobianco is not a life long resident of Nazareth, he is orginally from the slate belt area of the county.
Anon 3:13:
ReplyDelete1) Capobianco is a life-long resident of this community. Last time I checked, the slate belt was still considered part of the Lehigh Valley. He's not a transplant from some other area.
2) I've read Kopko. The Supreme Court decision was written by Justice Newman. The case holds that deputy sheriffs are not considered law enforcement personnel for purposes of a wiretap request. The ruling is limited to wiretap requests. In fact, the supremes go out of their way to note that the role of sheriffs "commands our utmost respect."
3) Dally's legislation is intended to make clear that sheriffs will have the same powers as all other police officers.
I stand by what i wrote earlier.
Mr Ohare you consider Capobianco a law enforcement officer but you me to tell me you believe he will be impartial to other law enforcement officers.
ReplyDeleteMr Ohare You me to tell me that Chief Siegfried, a life long resident of Nazareth and his given 30 years protecting the community is not a valuable choice for Magistrate.
ReplyDeleteAnon 3:44,
ReplyDeleteI've said that each of the five candidates is a good choice. But Siegried won't be very objective when it comes to judging the credibility of officers w/ whom he interacts daily.
Mr Ohare are you not pre-judging the candidates and not giving them a fair chance.
ReplyDeleteI've already said I intend to vote for Capobianco. I made that clear in my blog. What this basically does is explain why I'm voting that way. But I respect and admire the other candidates, and I don't have a lock on the truth. I don't decide. We all do.
ReplyDeletejust want to point out that the candidate that already collects a pension will do so whether he wins or loses. Consider it a sunk cost. Sunk costs, in economic worlds, should not be taken into acount when making a decision. The cost is already made and cannot be recovered regardless of a decision.
ReplyDeleteI'm not saying it's right for a guy to collect a pension and a mag salary, but I'm pointing out that you will pay that amount regardless of him winning or losing. It's just a matter of who it goes to. You won't save a penny.
For what it's worth. Personally, I'm voting for Buddy Christ.
now there goes LVdem, bringing religion into the courtroom!
ReplyDeleteBesides, LVDem knows Buddy Christ is running for Congress. I hear Buddy hired Mike Fleck to run his campaign.
ReplyDeleteLVDem,
ReplyDeleteI just don't like the idea of paying someone $75k when he's already collecting a hefty public pension. True, we have to pay his pension regardless, but we don't have to pay the additional magistrate salary to a public pensioner. We could pay it to someone else.
WOW,it's amazing how mud slinging happens. Now I know it does Not come from the candidate's mouths' ,only Blogs! Aside all of that, I am a life long resident of Nazareth and proud to say I am a good friend of John Capobianco. He is a great candidate and will do an excellant job as District Judge.He is honest, very hard working and absolutely will play a huge part in educating our youth. Educating them on the effects of alcohol, drugs and bullying, ya know , all the stuff that puts people in front of a districtjudge in the first place. I am not going to bash any other candidate, and I know for a fact John doesn't either, he has much more class than that; so I am ending this on the note that you should all come out and see for yourself, meet the candidates; you will know who is genuine and sincere, as well as honest and trust worthy. I know who I'm voting for.
ReplyDeleteAnon,
ReplyDeleteI wouldn't call anything posted here, even the attacks at Cap, mud-slinging. I detest personal attacks, but there are none. These are nothing but tough questions for each candidate. This is not a beauty contest.
These are five good and decent people, but there are differences.
Why do we continue to use the private sector as a barometer of what is right. Just because corporate america has public and private employees at each others throat doesn't mean we have to pile on. Defined pensions don't exist because business decided not to offer them and with offshore operations and tax breaks, they are rewarded.
ReplyDeleteI think some of these comments on the pension, question why you bring up Buskirks pension but never mentioned Stoffas multiple pensions when he ran. Your a great guy but you have a blind spot on him and most of the employees know that.
Anon 2:30 AM,
ReplyDeleteI do have a very big problem with any public pensioner who also collects a public salary in office. I think it's wrong because we are going bankrupt paying those pensions. This is something I discovered late last year, and that's when I started to develop this attitude. It's a real problem, and refusing to recognize that doesn't make it go away.
Now I like Stoffa, and you point that out. He and Buskirk both earned their public pensions. But with what I know about the cost of public pensions, we really need to adopt a law providing that any public salary for an elected pesnion should be reduced by the amount of a public pension if a public pensioner seeks that office. We've got to do all we can to get a grip.
Maybe I'm out of my mind, but it does really trouble me. It does not mean I won't vote for a public pensioner, but he or she has a much greater burden with me.I don't decide on a single issue.
Bernie,
ReplyDeleteThough I tend to agree with you on most issues and you never cease to entertain me, you keep missing Mr. C's cop connection. His biggest supporter and neighbor happens to be the pretend POLICE CHIEF in Nazareth (oops I meant acting) and as anon 11:46 states "THEY ALL STICK TOGETHER". With Mr. C as magistrate the keystone cops in Nazareth will finally have the friend they need. Just look how the mayor (an ex cop) runs his department for proof that a cop connection is bad for the community. VOTE FALCONE! Brains, common sense and no cop connection!
Parasite!!
ReplyDelete1) Like the name. Never heard that one before.
2) Thanks for the compliment. You must be insane, too.
3) I don't know whether what you're saying is true. But I can assure you I'll find out.
4) Why do you mention this the day after we could ask these questions one on one? I certainly would have brought it up and would have published the answer. It's a good, tough question.
5) The candidates will face the voters again, I'm told, on 5/9. That will be after expense reports are filed. I'll be checking them out, too.
6) The impression I got last night, and I tend to be tough on folks seeking office, is that these are five class acts.