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Published: May 09, 2009 10:47 pm
Cambria County judge candidate: Linda Rovder Fleming
The Tribune-Democrat
Linda Rovder Fleming
Age: 46.
Residence: Richland Township.
Law office: 218 College Park Plaza, Richland.
Education: A 1981 graduate of Westmont HIlltop High School. Received bachelor’s degree in pre-law with a minor in business from Penn State in 1985 and law degree from Dickinson School of Law in 1988.
Background: Is a partner in the Johnstown law firm of Ayres and Fleming, with her practice devoted to family-law issues: Divorce, child support and child custody. A former assistant public defender for Cambria County. Was the first woman to serve as president of the Cambria County Bar Association. One of six lawyers in the county trained in collaborative law, designed to help divorcing families avoid litigation. Teaches continuing legal education programs and adult education programs. Received YWCA Tribute to Women Award in the professional category and Outstanding Young Citizen Award from Greater Johnstown Jaycees, both in 1995.
Family: Husband, Tom, superintendent of Richland School District, and two sons.
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?
1. Real experience, proven leadership, and the right temperament (respectful, calm, dignified) are the qualities that make a good judge. Additionally, a judge must be fair and impartial.
2. I am the most qualified family law candidate to fill the soon-to-be-vacant family court position. Although some of the other candidates handle family law cases, no one has handled the number or complexity of cases that I have. I also have experience handling criminal cases as a Public Defender and as a private attorney. Since all of the judges handle criminal cases, and one of the new judges will likely be assigned to handle family law cases, my 21 years of experience make me uniquely qualified to be judge.
3. The Pennsylvania Sentencing Guidelines provide a benchmark for judges that must be followed when sentencing defendants, including strict standards for aggravating and mitigating circumstances. A fair judge looks at the facts of the individual case and determines whether the sentence should be punitive, rehabilitative, or a combination of the two. For example, a young person who comes before the Court on a first-time minor drug offense may warrant a rehabilitative sentence, while a major drug dealer would require a harsh punishment that deters further drug activity in the County.
4. Fast-track disposition of custody cases to lessen the trauma on Cambria County families. Improved access to the courts for indigent persons filing for APL (support) through deferred assignment of the filing fee (a person who files for support, by definition, does not have the resources to pay for access to the Courts). Compliance with State Rules of Civil Procedure in primary custody cases.
5. Service on a jury is a duty that Americans should embrace. A citizen should only be excused from jury duty only in the case of ill health, advanced age, or extreme hardship. Full-time military personnel should also be excused.
6. Effective plea bargains require the agreement of law enforcement, the victim, and the defendant. When all parties are satisfied that a plea agreement is fair, the court system operates more efficiently. A good judge will ensure that all plea bargains coming before the Court have been expressly approved by the crime victims and police.
7. The Domestic Relations process should be reviewed often to reduce the negative impact on families and children. Scheduling should be improved to resolve cases more efficiently and to limit families being in "limbo" while their case is being decided. There should be uniformity among Hearing Officers and the Family Law Judge so the system works fairly for all families who need it.
8. Yes. Large corporations and criminal defendants who litigate cases are not required to pay for the services of a Judge or Master, yet families are required to pay high filing fees for access to the courts. An alternative to self-funding of the court system by families who can least afford it is to increase the fees for non-family law civil litigants who go to trial.
9. In partisan elections, candidates receive contributions from attorneys who will appear before them, and candidates are supported by special interest groups through endorsements and financial support. Non-partisan merit selection by a cross-section of the community eliminates apparent conflicts of interest and ensures a highly-qualified judiciary.
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