Candidate Q&As: Three face off in judge race

Transcription

1 Candidate Q&As: Three face off in judge race By DAILY RECORD STAFF Updated 17 hrs ago Three Ellensburg attorneys CK Powers, Candace Hooper and Chris Herion are running for Kittitas County Superior Court judge. Judge Fran Chemelewski is not seeking re-election for the Department 1 position. The primary election is on Aug. 2. The top two candidates from the primary will move on to the general election in November. Hooper ready to solve problems Why are you running? I am committed to maintaining the high level of judiciary in Kittitas County. Although I love my job, after almost 30 years I am ready to leave my role as advocate and embrace a larger view of the courts, both criminal and civil. As a judge, I get to actually solve problems and impact a sense of justice for individuals and the community. I believe I have a lot to offer the people of Kittitas County, and I would like the challenge and responsibilities of hearing cases of all types. Judges have a broad-reaching effect on our world, and I would like to have a positive impact. What drew you into a career in the law? I wanted a career that had a positive and currently relevant impact on society, and which also satisfied my passion for justice. I love the study of law and its application.

2 What factors are considered in granting and setting bail amounts? What is the primary consideration? Court rules direct judges to consider facts that bear on the likelihood of a defendant s showing up for court and on the defendant s dangerousness. Dangerousness is the primary consideration, and the nature and details of the incident and the defendant s criminal history are the most obvious factors bearing on this issue. As a judge, how would you address repeat offenders whose crimes relate to drug/alcohol addiction? While I am not allowed to say how I would rule on any specific type of cases, I am a believer in drug court for low level offenders, and also believe in mandated treatment for all. If a crime is violent or very serious, defendants may need a long period of incarceration to attain continued sobriety. With an increasing number of pro se litigants, especially in family law cases, how would you handle people without attorneys appearing in court? I have worked with pro se persons many times. The key is to treat all parties respectfully, and to make sure pro se individuals are given the same access to justice as represented persons. With pro se litigants, I would be patient, use less legal jargon, listen to them carefully, and clearly explain the legal standards and forms I need to make my decision. Legally, they are held to the same standard as persons with lawyers. I believe Kittitas County could be greatly assisted by a part-time court facilitator, such as other counties have, who are persons who assist pro se persons, especially in family court, with filling out the proper paperwork. Funding would be the biggest hurdle to establishing that position, but I would support creative means to try to find the money for it. Which case from your career stands out and why? There are many that stand out for lots of reasons, including a cold case homicide I was involved in helping to solve using a special inquiry judge and then prosecute after seven years, and a child abuse case with a fascinating trial. But one that stands out particularly is the serial arson that occurred in 2004, when a man set nearly a dozen different wildfires that ravaged our county and destroyed people s homes and acreage. I met daily with a multi-agency law enforcement task force all summer long, making practical suggestions and providing legal advice for investigative tools and assistance drafting search warrants and the county s first GPS warrants. I made tough decisions about what to do when we identified the suspect, and about how long to continue collecting evidence so that prosecution would be successful, while making sure he could not destroy any more property. The stress on the community and all of the task force members was very high. Our task force became a model for other jurisdictions working with serial arsonists because of the great collaboration with many county, state, and even federal agencies. We were able to successfully prosecute the perpetrator and get the maximum sentence for him.

3 Herion sees position as community investment Why are you running? I see the position of Superior Court judge as being the culmination of years of practice and experience. I am at that point in my personal and professional life when I believe I can offer the citizens of Kittitas County a good return on their investment. Voting for the position of Superior Court judge is truly a community investment, particularly in a community as small as our own, because of the central role a Superior Court judge serves in our justice system. What drew you into a career in the law? I am drawn to critical analysis. The law presents a lot of complex problems, which require the practitioner to logically filter through in an effort to make a compelling argument and persuade others. I like the thought process. I am also drawn to the procedural due process by which we reach legal and factual conclusions in any given case, regardless of result. However, our system of jurisprudence is only as strong as the confidence the people have in the people who work in it. As a prior service U.S. Marine and U.S. Army Reserve officer, I appreciate and accept that with positional authority comes greater responsibility. I would expect no less as judge. What factors are considered in granting and setting bail amounts for defendants? What do you believe is the primary consideration? The Washington Court Rules set out the factors considered in granting and setting bail amounts for criminal defendants. They include the likelihood that the accused will fail to appear for future court appearances, commit new crimes, and/or seek to intimidate witnesses or otherwise interfere with the administration of justice. Every bail hearing is fact specific, requiring the judge to decide if one or all of the factors apply. As a judge, how would you address the problem of repeat offenders whose crimes relate to drug and alcohol addiction? Washington has mandatory sentencing laws that largely remove the discretion of the judge at sentencing. A judge must sentence an offender within the standard sentencing range for each felony conviction regardless of whether the crime relates to drug and alcohol addiction. However, the law also provides for drug offense sentencing alternatives and drug court which allows eligible persons, who have been charged with crimes, stemming from drug and/or alcohol addiction, to petition the court for entry into the program. I would review those cases on a case by case basis. With an increasing number of pro se litigants, especially in family law cases, how would you handle people without attorneys appearing in court? I have always erred on the side of caution with pro se litigants because, in almost all the cases, they are not familiar with our court rules and procedures which can put them at a

4 deficit. To that end, I always encourage pro se litigants to obtain the assistance of legal counsel because it really is to their advantage. I would do the same as judge. Which case from your career stands out to you and why? A criminal case I prosecuted involving two young children who were severely beaten and burned. It really struck at the heart of our humanity. During the trial, I recall how a veteran medical specialist lost his composure, in front of the jury, as he described and showed the jury the marks and burns on each child, picture by picture. It really drove home how vulnerable these children were and compelled reflection on how base human behavior can be. There have been so many tragic cases I have prosecuted but that case sticks with me because of its raw ugliness. At sentencing, the Ellensburg Police Department lined the halls and packed the courtroom. I will never forget those children and the response from our community. Powers wants to make positive contributions Why are you running? To make a positive contribution in our community. I believe I am the best qualified candidate for superior court judge based upon my extensive practical experience, sound judgment and knowledge of the law developed over my 40 years of practice. What drew you into a career in the law? I always wanted to be a trial lawyer. Probably watching Perry Mason on television as a kid had something to do with it. I love the work. Helping to solve problems and developing creative solutions has been my specialty. What factors are considered in granting and setting bail amounts for defendants? What do you believe is the primary consideration? Judges are required to follow Washington state statutes and court rules in setting release conditions for defendants. The primary purpose is to reasonably assure that the defendant will appear in court when required and determine whether the defendant is likely to commit a violent crime, intimidate witnesses or unlawfully interfere with the administration of justice while on release. The list of factors the judge shall consider includes factors such as where the defendant lives, ties to the community, reputation, character and mental condition. In addition, the judge considers the defendant s criminal history, the type of offense charged, and whether the defendant has a history of warrants for failure to appear in court. Each case is unique and by statute the judge is required to look at all the factors, but certainly may give greater weight to one factor when the circumstances are warranted. As a judge, how would you address the problem of repeat offenders whose crimes relate to drug and alcohol addiction?

5 A majority of the crimes in Kittitas County are related to drugs and alcohol, including possession and sale of illegal drugs, theft, burglary, robbery and identity theft to obtain money to buy drugs and alcohol. There are many repeat offenders. Judges are required to follow state law mandates for punishment of convicted felons. The sentencing guidelines are akin to a sliding scale. The more previous convictions a defendant has, the longer the sentence. However, the sentencing guidelines provide for some alternative sentencing options if the defendant qualifies. If a defendant qualifies, I would consider an alternative sentence. One example would be a Drug Offender Sentence Alternative to help defendants receive treatment. Another possibility is Drug Court in which persons charged with certain crimes receive treatment and follow other requirements. If successful, their charges are dismissed. A judge should carefully consider alternative sentences for defendants who qualify, but should weigh the risk to society of possible future criminal behavior. Many people who are addicted to drugs also have mental health issues. Mental Health and Family Courts could help prevent repeat offenders by addressing all issues that contribute to addiction and criminal activity. With an increasing number of pro se litigants, especially in family law cases, how would you handle people without attorneys appearing in court? As a judge, I would be careful to take the time to explain the procedure, without giving legal advice but would make a decision based on the facts and the law without prejudicing either party. Which case from your career stands out to you and why? Of the thousands of cases I ve handled, the ones that stand out involve children; those who have benefited from the system, realizing that the path they were on was wrong and those who found adoptive homes where they are secure. My favorite case is the child with special needs who was adopted by a loving family. Candace Hooper Age: 57 Community: Ellensburg Occupation/employer: Chief Criminal Deputy Prosecutor, Kittitas County Experience: Nearly 30 years as deputy prosecutor, handling serious felonies, juvenile cases, appeals, civil dependencies, family law paternity/child support and other cases Years in community: Almost 30

6 Chris Herion Age: 46 Community: Ellensburg Occupation and employer: Special Assistant Attorney General. Private Practice. Major, U.S. Army Reserves ( ), Ellensburg City Council ( ) Experience: ( ) Kittitas County Deputy Prosecutor; ( ) Criminal Defense Attorney; ( ) Benton County Judge Pro-Tem; ( ) Contract City Prosecutor (Pasco & Richland); ( ) Adjunct Professor Columbia Basin College; ( ) Benton County Deputy Prosecutor; ( ) U.S. Marine Corps Reserves Years in community: 8 CK Powers Age: 67 Community: I live with my husband, David, and my father, retired Air Force Lt. Col. Powers, just outside the city of Ellensburg. Occupation and employer: Self-employed attorney; Law Offices of CK Powers. Experience: Over 40 years practicing both criminal law and civil law. I have handled thousands of civil cases in nearly all areas of law, including land use, environmental issues, real estate and property law, contracts, probate, water rights, business and bankruptcy issues, personal injury, at risk youth, truancy, landlord-tenant, dependency, divorce, adoption and other family law matters. In my criminal law practice, I represent juveniles and adult defendants in felony cases. I served as a pro tem judge in Lower Kittitas District Court, as an administrator for the U.S. Bankruptcy Court, as an adjunct professor at Central Washington University, and as a legal education presenter. I serve on the Kittitas County Superior Court s drug court panel. Years in community: Almost 20 years in the Kittitas Valley; the majority of my life in Central and Eastern Washington, graduating from Moses Lake High School, Eastern Washington University and Gonzaga University School of Law.