CHARLESTON, W.Va. - Candidates for Kanawha County Magistrate discussed the variables that go into determining the proper bond amount for criminal defendants Wednesday during a meeting with Gazette editors.
CHARLESTON, W.Va. - Candidates for Kanawha County Magistrate discussed the variables that go into determining the proper bond amount for criminal defendants Wednesday during a meeting with Gazette editors.
Asked about the $5,000 bond with a 10 percent cash option that he set Tuesday for Thomas and Ruby Freeman, a Charleston couple accused of neglecting their five daughters, Democratic incumbent Tim Halloran said that sometimes even a relatively low dollar figure is enough to keep defendants incarcerated if they don't have the means to post bond.
"What I did was put them in jail that night, and those children are in the custody of the state," he said. "You can't punish people with bond. We're not there to find people guilty on the spot."
While the nine other sitting magistrates and challenger Paris Workman declined to comment specifically on the case, most agreed that bond should be determined on a case-by-case basis.
"I take the seriousness of the crime [into consideration]. If it's drugs or any violent crime, I hammer [defendants]," said Chief Kanawha Magistrate Joe Shelton.
"People don't realize how bad drugs are in this valley," the Democrat continued. "I've set bond at $50,000 with a 10 percent option, and the guy reaches into his pocket and pulls out $5,000 cash."
Ward Harshbarger, a Democrat from Dunbar who is seeking his eighth term on the bench, said it's important not to get caught up in public opinion when dealing with allegations of particularly heinous crimes.
"We don't want a fascist society," he said. "We want people to come to trial. We want to keep people from harming other people. We want to keep people from committing other crimes."
Democratic incumbent Traci Carper-Strickland, who served as a magistrate from 2000 to 2004 and was reappointed last year after taking time off to spend with her young children, said that in many cases, magistrates have to base their decisions on the bare-bones allegations in a criminal complaint. More evidence, sometimes in the defendant's favor, comes out later during hearings, she said.
"We go by the merits of the complaint and set the bonds accordingly," she said.
Pete Lopez, a Democrat who is seeking his fourth term, agreed, saying sometimes police officers include only enough detail in criminal complaints to get probable cause.
"If it comes to where the complaint is not very explanatory, then I'll ask them," he said.
Magistrate Marva Crouch, a Democrat seeking her second term, said rising jail costs and crowded conditions mean that incarceration should be used only when appropriate.
"If [defendants] have nothing in the computer and it's not a violent crime, there's no need to send them to South Central [Regional Jail]," she said. "There are times when South Central is not the right place for somebody."
Longtime Republican incumbent Carol Fouty said she also looks for ties to Kanawha County before making up her mind.
CHARLESTON, W.Va. - Candidates for Kanawha County Magistrate discussed the variables that go into determining the proper bond amount for criminal defendants Wednesday during a meeting with Gazette editors.
Asked about the $5,000 bond with a 10 percent cash option that he set Tuesday for Thomas and Ruby Freeman, a Charleston couple accused of neglecting their five daughters, Democratic incumbent Tim Halloran said that sometimes even a relatively low dollar figure is enough to keep defendants incarcerated if they don't have the means to post bond.
"What I did was put them in jail that night, and those children are in the custody of the state," he said. "You can't punish people with bond. We're not there to find people guilty on the spot."
While the nine other sitting magistrates and challenger Paris Workman declined to comment specifically on the case, most agreed that bond should be determined on a case-by-case basis.
"I take the seriousness of the crime [into consideration]. If it's drugs or any violent crime, I hammer [defendants]," said Chief Kanawha Magistrate Joe Shelton.
"People don't realize how bad drugs are in this valley," the Democrat continued. "I've set bond at $50,000 with a 10 percent option, and the guy reaches into his pocket and pulls out $5,000 cash."
Ward Harshbarger, a Democrat from Dunbar who is seeking his eighth term on the bench, said it's important not to get caught up in public opinion when dealing with allegations of particularly heinous crimes.
"We don't want a fascist society," he said. "We want people to come to trial. We want to keep people from harming other people. We want to keep people from committing other crimes."
Democratic incumbent Traci Carper-Strickland, who served as a magistrate from 2000 to 2004 and was reappointed last year after taking time off to spend with her young children, said that in many cases, magistrates have to base their decisions on the bare-bones allegations in a criminal complaint. More evidence, sometimes in the defendant's favor, comes out later during hearings, she said.
"We go by the merits of the complaint and set the bonds accordingly," she said.
Pete Lopez, a Democrat who is seeking his fourth term, agreed, saying sometimes police officers include only enough detail in criminal complaints to get probable cause.
"If it comes to where the complaint is not very explanatory, then I'll ask them," he said.
Magistrate Marva Crouch, a Democrat seeking her second term, said rising jail costs and crowded conditions mean that incarceration should be used only when appropriate.
"If [defendants] have nothing in the computer and it's not a violent crime, there's no need to send them to South Central [Regional Jail]," she said. "There are times when South Central is not the right place for somebody."
Longtime Republican incumbent Carol Fouty said she also looks for ties to Kanawha County before making up her mind.
"What are their connections to the community? If they're from Detroit and they're [arrested] on a drug charge, they're not getting out of jail on me," she said.
Magistrate Kim Aaron, a Democrat from Cross Lanes, said if she sees a defendant who is already out on bond, then she will make copies of all of the charges and write a note to the prosecuting attorney's office: "Move to revoke bond?"
Democratic challenger Paris Workman, a longtime Marmet police officer, said sometimes law enforcement asks a magistrate to give a suspect a personal recognizance bond, or one in which they don't have to post any money.
"Being a police officer myself, I've asked for PR bonds - depends on the crime - if they've helped me with a situation," Workman said.
Magistrate Julie Yeager, a Dunbar Democrat seeking her second term, said as of Monday, there will be a computer terminal in the courtroom that will allow magistrates to see circuit court and family court files. This will help magistrates make more informed decisions, because they will be able to see whether a defendant is subject to an active domestic violence protective order or has been placed on probation by a circuit judge.
"This will really help us to look at their documents," she said. " It will give us access to the judges upstairs."
Democrat Jack Pauley, a former senior status magistrate who was re-appointed to the bench in 2007, said he supported automatically taking court costs out of cash posted for bonds.
"It would take a Legislative act," he said. "There's a lot of court costs that the county doesn't receive," when out-of-state defendants never return to face charges, he said.
Workman suggested that if elected, he would promote pre-trial hearings with a prosecutor and a defense attorney in hopes that a plea deal could be worked out without needing a police officer to appear in court.
"It keeps the policeman on the street," he said.
Many of the sitting magistrates said it wasn't possible to add another round of hearings to an already busy docket.
"When you set cases without the officer, the first time you get a [plea] deal that the officer doesn't like, you catch a bunch of it," Lopez said.
Republican challenger Adam Knauff was invited to the forum but did not attend.
Overall, 12 candidates - 10 Democrats and two Republicans - are vying for 10 positions in November's general election.
Reach Andrew Clevenger at acleven...@wvgazette.com or 348-1723.
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For lawyers practicing before magistrates, trying to present a legitimate legal argument is like reading Shakespeare to a newborn. They just don't have the ability to "get it".