Guía de Votantes

Yes. While the risk assessment tool can serve a purpose in creating consistency in the bail process, the metrics upon which the tool was developed is based upon a flawed criminal justice system that has had and continues to have a disproportionate impact on those with lower incomes and people of color. Accordingly, in addition to the risk assessment tool, magistrates must also perform an inquiry and consider an individual's ability to pay and what would be a reasonable bail amount given the circumstances and charges, while bearing in mind the purpose of bail is to guarantee an individual's appearance unless they present such a threat that no condition can guarantee public safety.

The imbalance of power in our courts stems from systemic inequities within our justice system. I have completed an implicit bias continuing legal education course and would encourage my staff to also take the same course in order to be cognizant of the imbalance. When conducting criminal or landlord-tenant matters and approached by an unrepresented party, I would advise criminal defendants of their right to legal counsel, or in the case of tenants, the availability of pro-bono legal services, and direct them to resources such as the public defender's office, Neighborhood Legal Services, or the Bar Association. If necessary and in order to ensure parties are properly represented, I would grant continuances to impacted parties.

I will regularly consider the pretrial risk assessment algorithm when setting bail. That stated, I will follow the comment to Pennsylvania Rule of Criminal Procedure 523, which states: “A risk assessment tool must not be the only means of reaching the bail determination.” Rule 523 requires a magisterial judge to consider a number of factors to come to a decision about bail. I will follow this Rule, using the risk assessment tool as one of many considerations in determining the need for and value of bail.

In every case, I will always work to reach a fair result according to the law. This will sometimes require additional effort on my part when individuals represent themselves. First, I will attempt to refer people without lawyers to services that provide free legal representation. If that is not available, I will personally question the unrepresented party and witnesses to do my best to understand the relevant facts and arguments. While this may take additional time, it is the best way I know to fairly address the challenges of reaching fair and legally appropriate results when parties are unable to afford legal representation.