The Tribune-Democrat
May 09, 2009 10:50 pm
—
David L. Beyer
Age: 45.
Residence: Cambria Township.
Law office: 104 S. Center St., Ebensburg.
Education: A 1981 graduate of Central Cambria High School, Ebensburg. Received bachelor’s degree in public policy from Penn State and law degree from Widener University, Wilmington, Del., in 1996.
Background: Employed by Blue Cross while attending night school to obtain his law degree. Was a hearing officer/master for domestic relations cases in Cambria County for more than six years. Also has handled a wide variety of criminal and civil cases, including four homicide cases.
Family: Married to the former Mary Petrunak. Four children.
The six candidates for Cambria County judge were asked to answer nine questions from county government reporter Sandra K. Reabuck. The answers appear below.
The questions asked were:
1. What characteristics make a good country judge?
2. Why do you think you would be a good judge?
3. Are Cambria County judges too lenient in sentencing defendants in serious crimes? We hear about judges in other counties imposing stiff terms in such cases as armed robberies, vehicular homicides and embezzlements of large amounts of money, but not so much in Cambria.
4. Do you have specific suggestions for any improvements in the county court system?
5. Are too many people excused from jury duty in Cambria County? If so, what would you do to change the situation?
6. Are there too many plea bargains for criminal defendants? It seems that there are only a half-dozen trials in any one year.
7. We get a lot of calls about custody and divorce cases and unfairness by the courts in them. Should the court look at revamping how domestic relations cases are handled?
8. Are the fees too high in divorce/custody cases in Cambria County? A person has to pay $100 to get a custody issue decided and $500 for divorce or equitable distribution issues.
9. Do you think partisan elections are the best way to fill judicial seats, or should judges be appointed?
Candidate Beyer's answers:
1. A county judge needs to be a fair, honest, unbiased and experienced person with the right temperament to do the job. A judge also needs to be empathetic and patient, yet needs to be firm when the situation requires it. I have been married for 21 years and have four children, two in college. The fact that I am a husband and father compliment my personal attributes and professional experience and certainly provide an invaluable perspective in my decision-making capacity.
2. I have more than 20 years of legal and business experience. I am pro-life and I strongly support the 2nd Amendment. I am the candidate with judicial experience sitting as a hearing officer and master for more than six years. I have presided over hundreds, if not thousands, of divorce, support and custody cases. I have also handled thousands of criminal cases, including four homicide cases. I promise every citizen that if they or someone they know comes before me that they will receive a fair trial and that they will be treated with dignity and respect. I absolutely believe that every person is entitled to a fair trial. However, I will impose stiff sentences on convicted drug dealers and child abusers. I want to ensure that we continue to live in a safe community. Criminals need to know that if they violate the law they will pay the consequences.
3. The sentences that criminals receive are often the result of plea negotiations between the district attorney and the defense attorney. The negotiated plea is often a result of the strength or weakness of the Commonwealth’s case. I realize that there is a perception that convicted defendants sometimes receive lenient sentences. I am committed to imposing stiff sentences on violent convicted criminals, child abusers and people who sell drugs to our children.
4. I believe that the people of our country need to know that defendants who commit similar crimes and who have a similar criminal history are treated equally. I commit to the citizens that I will impose equal justice to every person who comes before me, just as I have for the past six years. I will not treat one person differently because of who they are or who represents them. My decisions will not be and have not been affected by one’s social status.
5. It is very important for citizens to fulfill their duties to sit on jury when asked to do so. I realize that people have other commitments, however, one of the most important commitments that a person can make is to sit in judgment of one of their peers. Having said that, however, we also need to realize that $9 a day plus mileage doesn’t help much when a person has a mortgage, electric bills to pay and children to feed. The compensation that jurors receive needs to be increased. We need to get the compensation that is paid to a juror in line with the importance of their role in our judicial system.
6. With more than 3,000 criminal cases a year, it is impossible to try all cases. The decision to try a case or plea it out rests with the district attorney. I will acknowledge that the majority of my criminal trials have been in other counties. Every county prosecutor needs to decide which cases will be tried and which ones will be settled as a result of plea negotiations. As a judge in a criminal matter, I will ensure that the plea bargain is appropriate for the crime or will reject the plea.
7. This question is perplexing. As a hearing officer and hearing master, I have presided over hundreds if not thousands of family law cases. I have rarely seen a delay in individuals getting their trials because of the system. We have four wonderful hearing officers and a terrific support staff in Cambria County and a very competent and experienced family law judge, Senior Judge F. Joseph Leahey, who ensures quick trials in family law cases. In fact, I have often experienced quite the opposite – cases coming before me before the attorneys have had an opportunity to discuss a possible settlement. As a result it is often the attorneys who ask for a continuance to be granted in the case.
Due to Judge Leahey’s mandatory retirement, we need an individual who has the experience in family law to continue his legacy. In addition, I have been mediating family law cases for years as a hearing officer. Mediation is often a quick and appropriate alternate method of resolving cases when the parties consent, and I am a supporter of instituting a more formal mediation process to resolve cases. Mediation also helps to alleviate the fear and anxiety that people feel when they go into a formal trial. Family law cases are extremely hard on the parties and/or children. When possible, mediation can be a very effective alternative.
8. A more formal mediation process may help with any fees associated with family law cases. If we can avoid costly trials for the individuals and appropriately settle cases through mediation, then everyone wins. However, where individuals can not or will not resolve their case, then they need to realize that the county has expenses as well. If the participants do not pay the costs associated with family law trials, then the costs will have to be shared by everyone in the county. In the past, when a divorce case has settled before a full trial is held, as the hearing master, I have recommended a refund for the participants; it is all about being fair. Also remember that if an individual is unable to afford custody filing fee, the court will waive it.
9. Judges should definitely not be appointed. Every registered voter in Cambria County has a right to select his or her judges. Otherwise, our judges would be selected by a few “perceived” power brokers of the county; this is exactly what we need to avoid. I have no faith in an appointment process. Such a process typically results in a “it’s not what you know, but who you know” system; such a process would only certainly tarnish the faith that the citizens have in our judiciary. The citizens of the county need to know that they have the power to elect a fair, honest, experienced person to the bench.
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