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Traffic_Goddess

12-11-2002, 08:17 PM

I've decided to run for District Justice, which is the first step in the Judicial system, here. A DJ decides all summary traffic/criminal cases & civil cases up to 8K. On misdemeanor and felony cases, I would decide prima facie, or "at first look" meaning that it is a decision as to A) whether the crime charged was appropriate or applicable and B) whether the defendant was "probably" involved. (That's a real down & dirty description)
I am going to be facing a lot of questions when I go to meetings of police unions and political committees to ask for endorsement. So, I thought it might be a good idea to get some practice beforehand and I am asking that you might help me out by posting some questions for me and then some feedback on my responses.
Thanks in advance!

[ 12-11-2002, 08:18 PM: Message edited by: Traffic_Goddess ]

shooter1201

12-11-2002, 08:23 PM

You're bound to hear this one, but:

What are your qualifications?

209

12-11-2002, 08:28 PM

Bachelorette #1: Do you like to...
Oops, forget that, wrong thread! :D

I'd imagine one main question is "Will you believe the officer or the "poor mischarged, illegally arrested, abused 'victim' the mean ole cops arrested for no good reason". (If you side with the cop, you can't have the job in CT.) <img border="0" title="" alt="[Wink]" src="wink.gif" />

Niteshift

12-12-2002, 11:28 AM

You'll probably get a lot of questions about hot-button local issues. If you've had a lot of DUI's, burglaries etc., people will ask what you plan to do about them.

The simple answer I'd want to hear from a candidate is: Nothing. I will evaluate each case on its own merits and rule as impartially and fairly as I can.

On issue I will bet will come up and you'd do well to avoid is abortion. SOMEONE will bring it up. That's not an issue that's controlled at the DJ level, so just explain that and don't get bogged down in the pro-life/pro-choice debate.

Traffic_Goddess

12-12-2002, 05:21 PM

shooter-
Thanks for the question!
I was a police officer for 13 years, and I have also worked as a criminal defense investigator in appointed cases for county and federal court.
I assisted in creating the course content for a class that teaches police officers to testify in preliminary hearings. I was a training officer in the preparation of Probable Cause Affidavits and Criminal Complaints.
But, I think that most important thing that I can bring to the court is the knowledge of what it will take to make things better. During my career as a police officer and a defense investigator, I have had the pleasure of appearing before professional, articulate and responsible members of the Minor Judiciary. Unfortunately, I have also had the extreme displeasure of appearing before some terrible and ineffective officeholders that could only loosely be associated with the aforementioned District Justices. Through that experience, I have learned exactly what makes an effective District Justice, and that is one that seeks to always improve the community which they serve through two important guidelines...Accessibility & Accountability.

Traffic_Goddess

12-12-2002, 05:27 PM

209-
I'm sure that I will hear that question at the FOP meeting. I've thought carefully about that and I know that as much as some of us hate to face it, even cops are human and therefore infallible. <img border="0" title="" alt="[Wink]" src="wink.gif" />
I will look at all cases in an unbiased manner. I can promise this without reservation for I am beholden to no special interest. In my court, each person will be treated with respect, met with an open mind and each person will be on a level field.

Traffic_Goddess

12-12-2002, 05:33 PM

I think that my only answer to that can be that I will decide a case based upon the law of the land. It isn't my job to rule in opposition of what the law provides, no matter what my personal opinion would be.

[ 12-20-2002, 04:58 AM: Message edited by: Traffic_Goddess ]

shooter1201

12-12-2002, 05:39 PM

Sounds like you've already had practice answering similar questions.

Good luck! <img border="0" title="" alt="[Wink]" src="wink.gif" />

Don

12-12-2002, 06:13 PM

TG,

Just keep in mind WHAT the job is all about. From what I see of your posts, you have a level head. That, along with an open mind is about all one can ask for. (Well, I guess knowledge of the law helps too, but you have that.) <img border="0" title="" alt="[Wink]" src="wink.gif" />

Good luck to you!

There was a "traffic referee" in the Muni Court in Brawley Ca in the early 1980s. This "lady" (I use the term loosely) would almost always find the traffic violator guilty, then would impose either zero fine, or the very minimum.

I asked her about it one day in private. Her reply was (as she was wringing her hands together) that it was a poor community, and the poor people just couldn't afford to pay "normal" fines. :mad: Of course they COULD afford to buy their booze, and their dope. :rolleyes:

One year, for the entire week before Christmas, she dismissed ALL charges out of hand to show how full of "The Christmas Spirit" she was. Yeah, well that wasn't ALL she was full of. :mad:

4n6det

12-12-2002, 07:55 PM

How about: How do you plan on dealing with juvenile offenders? How about repeat j/o's? (That platform helped to get several DJs elected in this area)

Good luck!

Sparky

12-12-2002, 11:52 PM

What will you look at when faced with domestic violence arrests in which both parties were arrested under claims of mutual combat?

What will you do to decrease the reliance on victim testimony in domestic violence cases?

What are your opinions on the requirements and length of participation for convicted domestic batterers in court ordered anger management or other batterers programs?

What is your opinion on taking judicial action against domestic violence victims who violate court orders barring a defendant from contact with the victim? i.e. when you issue a protective order for a victim and then that victim allows the person subject to that order back in the home, thus facilitating a violation of a court order issued on their own behalf.

[ 12-12-2002, 11:53 PM: Message edited by: Sparky ]

Traffic_Goddess

12-13-2002, 01:28 AM

<blockquote>quote:<hr />Originally posted by shooter1201:
Sounds like you've already had practice answering similar questions.

Good luck! <img border="0" title="" alt="[Wink]" src="wink.gif" /> <hr /></blockquote>Thank you, shooter! I'm hoping my exeperience in oral boards will carry me through this...I appreciate the help!

Traffic_Goddess

12-13-2002, 01:38 AM

<blockquote>quote:<hr />Originally posted by Don:
TG,

Just keep in mind WHAT the job is all about. From what I see of your posts, you have a level head. That, along with an open mind is about all one can ask for. (Well, I guess knowledge of the law helps too, but you have that.) <img border="0" title="" alt="[Wink]" src="wink.gif" />

Good luck to you!

Thank you, Don! Those are very kind words and I will take your advice to heart!

There was a "traffic referee" in the Muni Court in Brawley Ca in the early 1980s. This "lady" (I use the term loosely) would almost always find the traffic violator guilty, then would impose either zero fine, or the very minimum.

I asked her about it one day in private. Her reply was (as she was wringing her hands together) that it was a poor community, and the poor people just couldn't afford to pay "normal" fines. :mad: Of course they COULD afford to buy their booze, and their dope. :rolleyes:

One year, for the entire week before Christmas, she dismissed ALL charges out of hand to show how full of "The Christmas Spirit" she was. Yeah, well that wasn't ALL she was full of. :mad: <hr /></blockquote>I'm all for compassion in situations where the offense can be considered de minimus, but when the situation is as you say above, I'm afraid that my reaction would be more like, "Don't play if you can't pay."

There are situations in which the defendant is truly without funds to pay a fine in full, but that is why payment schedules were set up in District Court. And, I'm sure there will be some cases that the officer will come to me and say that they wouldn't be heartbroken if they lost the case. I've done that myself as a police officer when I arrested someone and they A) behaved like a good person, and B) I find out later that they have specific problems such as financially or just going through a very rough spot and doing all they can to make things work in their life.
I am a strong believer that the discretion that you see on the street from the police officers is directly proportionate to that you see in the local court.

Traffic_Goddess

12-13-2002, 01:51 AM

<blockquote>quote:<hr />Originally posted by 4n6det:
How about: How do you plan on dealing with juvenile offenders? How about repeat j/o's? (That platform helped to get several DJs elected in this area)

Good luck!<hr /></blockquote>Great question! It is actually pretty rare that a DJ handles many juvenile cases. Most of those are done on a juvenile allegation form and sent to the Common Pleas Court Judge to be decided if the child needs to be declared a delinquent or adjudicated to adult court.
But, juveniles are frequently in the minor judiciary for traffic offenses, where they are treated as an adult. There will also be the infrequent summary, but as I said...most go to the Common Pleas.
However, that being said...I am a firm believer that if I see the same juvenile operator before me for the same offenses, I guarantee that the fines will be enforced and the notifications to DOT will be very prompt.

Traffic_Goddess

12-13-2002, 06:48 PM

<blockquote>quote:<hr />Originally posted by Sparky:
What will you look at when faced with domestic violence arrests in which both parties were arrested under claims of mutual combat?

****Sparky, I think that mutual combat or "offsetting penalties" happens more than DV people would like to admit. Unfortunately, my main contribution to cases that fall under the DV Act would be to determine prima facie, only.

What will you do to decrease the reliance on victim testimony in domestic violence cases?

****This is a tricky one...it has to be balanced fairly between the rights of the defendant to face their accuser and compassion for the victim. That policy in this area is determined by the District Attorney's office. Again, I only have minimal decision in those cases.

What are your opinions on the requirements and length of participation for convicted domestic batterers in court ordered anger management or other batterers programs?

****I grew up in a home with domestic violence. (In fact, it was a situation that had frequent offsetting penalties.) And, I am all for counselling for dealing with anger/stress issues. But I think that one of the more common denominators for DV is the addition of drugs and/or alcohol into the mix. I think that monitoring of offenders in this regard is very important. I beleive that the removal of that aggravator will go a long way towards a resolution.

What is your opinion on taking judicial action against domestic violence victims who violate court orders barring a defendant from contact with the victim? i.e. when you issue a protective order for a victim and then that victim allows the person subject to that order back in the home, thus facilitating a violation of a court order issued on their own behalf.<hr /></blockquote>****Hmmm, one of my pet peeves. I will be required to oversee the issuance of emergency PFAs and I feel that this is an order that is too frequently abused itself. Unfortunately, there is nothing presently in place that allows or requires sanctions against anyone but the violator themself. As a police officer, I always made sure that the recipient of such an order understood the consequences of violating the order, even when facilitated by the petitioner.
I understand that there are sanctions available in other areas when the petitioner is the one encouraging the flouting of the protection that they have requested. It's my opinion that this can only improve the strength of the order, and the abilities to protect those who need it most.

Thank you for some really great questions! You gave me a workout on those!!! :)

[ 12-13-2002, 06:50 PM: Message edited by: Traffic_Goddess ]

Sparky

12-13-2002, 07:41 PM

That's nothing. I hope you slept at Holiday Inn Express last night. :D

"I think that mutual combat or "offsetting penalties" happens more than DV people would like to admit. Unfortunately, my main contribution to cases that fall under the DV Act would be to determine prima facie, only."

Question:
It is desirable that only the principle aggressor be criminally prosecuted in domestic violence cases. However, officers pressed for time, with limited traning and resources, victim's reluctance to report the ful extent of violence, and batters offering excuses of self defense often lead to mutal arrests.

This is a different situation than "offsetting personalities" which is a term that I have never seen referred to in the relevant literature.

When examining probable cause for domestic violence arrests, what are some things that you would look for to prevent the prosecution of abuse victims who were arrested along with their partner?

"I grew up in a home with domestic violence. (In fact, it was a situation that had frequent offsetting penalties.) And, I am all for counselling for dealing with anger/stress issues. But I think that one of the more common denominators for DV is the addition of drugs and/or alcohol into the mix. I think that monitoring of offenders in this regard is very important. I beleive that the removal of that aggravator will go a long way towards a resolution."

Question:
Studies have continually deomonstrated that alcohol and drug use is not a causitave factor of domestic abuse. Rather, batters may use alcohol and drugs as a way to internally allow themselves to lose control. They are then able to blame their "loss of control" on the substance both to themsleves and to others.

While drug and alcohol abuse should be addressed in treatment programs conducted under court supervisoin for a variety od offenses, what are your opinions an various treatment paradigms? Specifically, what length of time do you favor for subjects to remain under court supervision?

Additionally, having such personal experience with domestic violence may have a tendency to effect your ability to be objective. The causes of domestic violence are various and complex. Also, the experience is not universal, with one sitution being very different than another.

What steps may you take to assure that each case is examined on it's own merits without allowinf your personal experience to make inferrences not supported by the evidence presented?

####please excuse typos... holding Sparky Jr..typing with one hand :) (and NO... not THAT Sparky jr.. get yor mind out of the gutter!)

[ 12-13-2002, 07:44 PM: Message edited by: Sparky ]

Traffic_Goddess

12-14-2002, 03:14 AM

<blockquote>quote:<hr />Originally posted by Sparky:
That's nothing. I hope you slept at Holiday Inn Express last night. :D

"I think that mutual combat or "offsetting penalties" happens more than DV people would like to admit. Unfortunately, my main contribution to cases that fall under the DV Act would be to determine prima facie, only."

Question:
It is desirable that only the principle aggressor be criminally prosecuted in domestic violence cases. However, officers pressed for time, with limited traning and resources, victim's reluctance to report the ful extent of violence, and batters offering excuses of self defense often lead to mutal arrests.

This is a different situation than "offsetting personalities" which is a term that I have never seen referred to in the relevant literature.

****You really meant that, didn't you?LOL
"Offsetting penalties" became a part of police jargon in this area. Because of my personal experience while growing up and because I admit freely that women can be just as guilty as men when it comes to DV, I have never automatically assumed that the man goes in cuffs and the woman stays.
Unfortunately, I can only make decisions based upon the information that is provided in the Criminal Complaint/PC and whatever the defense attorney is able to contribute, in addition to testimony and evidence. DV cases are as varied as relationships and people are. I can only liste and observe and then base my decision on the law.
If I were running for a legislative position, believe me, I would have some answers for you that would lay out exactly what I think the law should be. But, as a member of the Minor Judiciary, I can only apply the current laws.

When examining probable cause for domestic violence arrests, what are some things that you would look for to prevent the prosecution of abuse victims who were arrested along with their partner?

****I have to answer that I am not looking to prevent the prosecution of anyone in particular, just those that the prosecution has not met the requirements.

"I grew up in a home with domestic violence. (In fact, it was a situation that had frequent offsetting penalties.) And, I am all for counselling for dealing with anger/stress issues. But I think that one of the more common denominators for DV is the addition of drugs and/or alcohol into the mix. I think that monitoring of offenders in this regard is very important. I beleive that the removal of that aggravator will go a long way towards a resolution."

Question:
Studies have continually deomonstrated that alcohol and drug use is not a causitave factor of domestic abuse. Rather, batters may use alcohol and drugs as a way to internally allow themselves to lose control. They are then able to blame their "loss of control" on the substance both to themsleves and to others.

While drug and alcohol abuse should be addressed in treatment programs conducted under court supervisoin for a variety od offenses, what are your opinions an various treatment paradigms? Specifically, what length of time do you favor for subjects to remain under court supervision?

****Again, that part of the process is above my head. I am only involved to the extent of determining prima facie.

Additionally, having such personal experience with domestic violence may have a tendency to effect your ability to be objective. The causes of domestic violence are various and complex. Also, the experience is not universal, with one sitution being very different than another.

What steps may you take to assure that each case is examined on it's own merits without allowinf your personal experience to make inferrences not supported by the evidence presented?

****Every case will be examined on it's own merits and applied to the law. I've never had a problem with separating myself from cases.

####please excuse typos... holding Sparky Jr..typing with one hand :) (and NO... not THAT Sparky jr.. get yor mind out of the gutter!)<hr /></blockquote>

Sparky

12-14-2002, 09:07 AM

Traffic_Goddess:

No offense here, but you asked for feedback...

So far, I am going to have to give you a thumbs down.

I was fishing for a few very specific things, and you didn't come anywhere close to any of them.

[ 12-14-2002, 09:10 AM: Message edited by: Sparky ]

Traffic_Goddess

12-14-2002, 02:23 PM

Okay, what did I do? (This is why I am doing this, I'd appreciate the criticism....just be gentle... :( )