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District judge candidates discuss views

Seven candidates are on the ballot for district justice to fill the seat vacated with the retirement of Casimir T. Kosciolek. Beth A. Dodson, Eric J. Filer, Kirk D. Henritzy, Billy O’Gurek, Kelly Sheridan, Frank A. Shubeck and Sean T. Smith are all cross-filed and will be running for one seat on each ballot for District Court 56-3-03. The region includes Lansford Borough, Nesquehoning Borough, Summit Hill Borough, East Penn Township, Mahoning Township (Voting Districts Mahoning and New Mahoning).

We asked candidates questions and list their answers in alphabetical order.

Beth A. Dodson

Town: Summit Hill

Background: Attorney, Dodson Law P.C.; Judicial Arbitrator, Carbon County Courts; graduate of Panther Valley High School, Bachelor of Arts, Elizabethtown College, magna cum laude, political science/philosophy; public policy/government; J.D., Duquesne University School of Law, magna cum laude, Law Review; professional Licenses/Certifications include Pennsylvania and New York Bar, certified mediator and Judicial Arbitrator; PA Real Estate Broker; community involvement includes volunteer attorney for Family Promise; Board of Directors for Pittsburgh Pro Bono Partnership and Board of Directors, Association of Corporate Counsel.

What makes you the best candidate: I have a comprehensive knowledge of the law and court rules gained from my three years of formal legal education and 17 years of courtroom litigation experience. As a criminal and civil trial attorney, I am skilled at thinking quickly on my feet, effectively communicating, maintaining an even temperament, and evaluating credibility of witness testimony. My exemplary record of integrity, fairness and open-mindedness while serving as a judicial arbitrator for three PA county courts.

What do you think is the most difficult part of being a magistrate judge, and how are you prepared to overcome the challenge: Managing requests for assistance with matters outside the scope of the District Court’s authority. I have already encountered this while campaigning. I completely understand why people look to the court for answers to social problems that they have tried to address with elected officials and service providers. It is in my nature to help people and I will do so within the bounds of my authority as a district court judge.

What are the most crucial criminal and civil issues in the district you want to represent, and what role would a district judge have in these matters: Criminal - drug related offenses and related crimes such as burglary, theft, and domestic violence exacerbated by understaffed police departments. Civil - general distrust of government. A MDJ would ensure that proper procedures are followed and probable cause exists when issuing search and arrest warrants to guarantee that all evidence is validly obtained; explain the court process, give each party an opportunity to be heard, apply the law fairly, equally, and impartially, and explain reason for decisions.

Blight is one of the most pressing issues in Carbon County. What do you see as your role in helping to solve the problem: To provide any meaningful assistance to this issue, a district judge must know and understand all applicable laws and potential remedies related to blight, property maintenance, nuisance, and health, safety and environmental hazards - including local codes, state laws that provide for criminal charges/penalties for repeat and serious violations, and a wide range of civil claims available to a resident against the owner and/or occupant of a blighted property.

Eric J. Filer

Town: Lansford

Background: I graduated from Panther Valley as valedictorian in 2005, Gettysburg College in 2009, and obtained my law degree with honors from Widener University in 2013. I have been a lawyer in Carbon County for the past 10 years. I am a lifelong member of St. Joseph’s Parish Church in Summit Hill, a member of the Carbon County Bar Association, Knights of Columbus, and a member of the Panther Valley Irish American Society.

What makes you the best candidate: I have been admitted to practice law in Pennsylvania and New Jersey State Courts, federally, the Middle District of Pennsylvania, the Eastern District of Pennsylvania, the Third Circuit Court of Appeals, and the United States Supreme Court. I am the only candidate that has extensive experience in litigating both civil and criminal matters. Throughout my career, I have prosecuted cases, defended cases, and handled a variety of matters that will come before a magistrate.

What do you think is the most difficult part of being a magistrate judge, and how are you prepared to overcome the challenge: The hardest part of being a magistrate judge is knowing that in all my cases, peoples’ lives are going to be affected by my decisions. A $300 fine is a slap on the wrist to some people, but financially devastating to a family living paycheck to paycheck. The citizens should know that I will not take any of their cases lightly, and I will do my best to make informed and legally sound judgments.

What are the most crucial criminal and civil issues in the district you want to represent, and what role would a district judge have in these matters: The Judicial Code of Conduct states that a judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety. My only role in either civil or criminal matters is to ensure that the parties appearing before me are treated equally, fairly, and in accordance with the law. It would be inappropriate for me to go into hearings with a predetermined agenda or goal.

Blight is one of the most pressing issues in Carbon County. What do you see as your role in helping to solve the problem: As a judge, my role is to impartially apply the law. Having said that, there are steps that the community should take to address blighted properties. Towns should adopt a proper property maintenance code; they should make sure their code enforcement officer is issuing citations for violations, and they should be taking those citations to the magistrate. If the towns follow all the necessary procedures, then citizens should expect that appropriate consequences will be imposed.

Kirk D. Henritzy

Town: Mahoning Township

Background: I am a 1999 Lehighton Area High School graduate. I enlisted in the United States Marine Corps for four years on active duty. After being honorably discharged as a Sergeant/E-5, I used the G.I. Bill to further my education at Lehigh Carbon Community College and Purdue University in Hospitality Management. I have completed the MJEB certification course for Magisterial District Judges, Harrisburg, during the fall class of 2022.

What makes you the best candidate: I am the best candidate because I sincerely love and understand the people of Carbon County. I am compassionate and personable with the ability to effectively communicate. I come from a unique background of serving. I have served my country, served the public in the hospitality industry, and I look forward to serving and protecting the residents of our magisterial district, along with preserving the integrity of the law in this district as judge.

What do you think is the most difficult part of being a magistrate judge, and how are you prepared to overcome the challenge: I am positive there will be obstacles to negotiate as a Magisterial District Judge. There are many revolving dynamics that I would encounter in my role as MDJ including the office staff. There are no problems, only solutions. I would ask for advice from other Magisterial District Judges for any necessary situation in which I would need clarity. I would recuse myself in any instances in which I could not be fair and impartial.

What are the most crucial criminal and civil issues in the district you want to represent, and what role would a district judge have in these matters: The criminal complaints are the duty of the Law Enforcement Officers to issue a citation. It is then filed at the district court for the MDJ to issue a summons for the charges. An MDJ can see civil cases up to $12,000, as well as landlord tenant cases. Anyone has the right to an appeal and would be decided at the Court of Common Pleas. I will observe every case fair and impartial.

Blight is one of the most pressing issues in Carbon County. What do you see as your role in helping to solve the problem: I am aware of blighted buildings being an issue in the County. The municipalities and boroughs need to uphold the ordinances on blighted properties. A law enforcement officer such as a code enforcement officer is responsible for issuing a citation as they find a property owner in violation. My job as judge is to uphold the law. I will determine my decision based upon the evidence in which I am given.

Billy O’Gurek

Town: Summit Hill

Background: Summit Hill Borough Council Vice President; currently employed by Auditor General as Children & Youth Services auditor and previously as welfare fraud investigator and supervisor; high school football coach and former Little League coach and umpire; lifelong member and volunteer at St. Joseph of the Panther Valley; Bo Tkach Foundation, Board of Directors; Men of Marian and Marian Quarterback Club, treasurer; Panther Valley Irish American Association, former president; Marian High School and King’s College, graduate.

What makes you the best candidate: On council, I’ve seen firsthand the issues that face our communities. I worked with our police department to increase our full-time officers to ensure our town remains safe and has round-the-clock coverage. I’ve witnessed the adversity our children experience daily, and understand the potential for missteps. But most of all, through my professional and coaching experience, I’ve encountered all types of people and have demonstrated the common-sense approach needed for this position.

What do you think is the most difficult part of being a magistrate judge, and how you would overcome the challenge: MDJs typically interact with people during challenging, difficult and sometimes sad times in their lives. I pride myself on being approachable, thoughtful and possessing the even temperament necessary to navigate this broad range of sometimes complex situations. As MDJ, I will have an understanding of these challenges and work with both crime victims and defendants to address their needs, while ensuring cases are adjudicated based on the evidence and the law.

What are the most crucial criminal and civil issues in the district you want to represent, and what role would a district judge have in these matters: The primary responsibility of MDJs in criminal cases (excluding summary) is conducting preliminary arraignments (setting bail) and preliminary hearings (ensuring there’s enough evidence for cases to proceed to the Court of Common Pleas). When considering bail, the community’s safety will be my priority, while ensuring the accused will attend future court proceedings. Common civil issues are small claims, landlord-tenant issues, and municipal ordinance violations - when hearing these cases I will ensure fairness and impartiality.

Blight is one of the most pressing issues in Carbon County. What do you see as your role in helping to solve the problem: Critical to resolving the blight facing our communities is addressing the problems our communities face before secondary issues manifest. If borough officials are cracking down on absentee-landlords by enforcing building inspection and quality of life ordinances, when adjudicating these cases as MDJ, I will ensure fines are imposed in accordance with local ordinances. When habitual offenders are identified, maximum fines will be imposed. With this approach, our communities can thrive and prosper.

Kelly Sheridan

Town: Summit Hill

Background: As a mom, my goal has been to create a fair and positive environment to learn and thrive in, not just for my own children, but for all those families I’ve met, whether it be as a small-business owner or as an officer in the Panther Valley Booster Clubs. I have proudly raised my children in Panther Valley and would be honored to continue to serve the community as their next Magisterial District Judge.

What makes you the best candidate: I believe my work experience and training make me the best candidate for this position. I’m currently working with the Carbon County Sheriff’s office, but prior to that I spent almost four years at the District Court in Jim Thorpe, providing me with the experience in the day-to-day operations of the office and court. I’ve already received the certification from the Commonwealth which proves my qualification to perform the duties of a Magisterial District Judge.

What do you think is the most difficult part of being a magistrate judge, and how are you prepared to overcome the challenge: I think it will be difficult to have people that I know or am familiar with coming before me, but I’m confident I will maintain my ability to be firm but fair and impartial.

What are the most crucial criminal and civil issues in the district you want to represent, and what role would a district judge have in these matters: The drug epidemic is ruining our communities. I would like to see alternative programs to address addiction early on. I would like to work with the local police, district attorney and mental health programs to determine, on a case-by-case basis, the right course of action, whether it be criminal prosecution or an alternative route. There is also the issue of truancy that I would like to address to keep children in school to learn.

Blight is one of the most pressing issues in Carbon County. What do you see as your role in helping to solve the problem: We have to work with the local borough code enforcement and zoning boards. The main goal is to have problems corrected in a reasonable time. If problems persist, high fines and even jail may be the alternative. Each case must be addressed by the merits, but landlords and tenants must be held accountable for their actions and inactions so the responsible people in our community can continue to live and thrive.

Frank A. Shubeck

Town: Nesquehoning

Background: 1993 Administration of Justice graduate of PSU. I have 30 years experience with criminal offenders, currently serving as the Work Release/Treatment director at CCCF. I serve as the facility’s firearms instructor, defensive tactics instructor, armorer, classification coordinator, disciplinary board chairman, court liaison and assume direct responsibility for all work release, community and in house work details, educational, religious and volunteer programs. I’ve been a volunteer with the New Columbus Fire Company for 30 years.

What makes you the best candidate: I am the only candidate with extensive and unsurpassed experience with criminal offenders, having attended over 10,000 criminal sentencing, guilty plea, ARD revocation, probation and parole revocation, bench warrant and PFA proceedings. I have chaired over 10,000 inmate disciplinary hearings and classifications as well as supervised thousands of inmates on Work Release, In House, and Community Work Programs collecting/disbursing well over $1 million dollars in inmate revenue.

What do you think is the most difficult part of being a magistrate judge, and how are you prepared to overcome the challenge: Maintaining integrity, honesty and impartiality will be a necessary mandate. Everyone will likely promise all three aforementioned; but, ensuring the utmost compliance is essential. Also, it will be important to ensure that all individuals receive fairness and due process under the law. All voices need to be given appropriate attention. Ultimately the courts heartfelt compassion is important, but decisions are made with critical thinking within the realm and context of the law.

What are the most crucial criminal and civil issues in the district you want to represent, and what role would a district judge have in these matters: Criminal influx as well as prison overcrowding appear to be the most significant issue. As such, it is important to make sure violent offenders get fast tracked to state institutions and that the less serious offenders are given the resources they need for proper rehabilitation. Currently, improvements have been made in mental health and drug & alcohol services; however, significant increases in these offender types require greater resources and earlier intervention.

Blight is one of the most pressing issues in Carbon County. What do you see as your role in helping to solve the problem: Having extensively studied community policing and the “broken windows” theory, I embrace community policing. Citizens and police need to stay in close support of one another to force criminal types “off the streets.” We don’t want drug dealers, prostitutes, drunks and disorderlies replacing good citizens from our streets at night. Police officers need to communicate with citizens and community watch groups. Landlords need to remain vigilant with proper tenant screening. Community growth can flourish.

Sean T. Smith

Town: Nesquehoning

Background: I am a 27-year police veteran, 6 years as a patrolman/detective with the Lansford Police Department, 21 years as the Chief of Police for the Nesquehoning Police Department before retiring. Active member of the Carbon/Schuylkill FOP and Nesquehoning Hose Company #1. I have resided in the Panther Valley area for almost 30 years, married for 25 years with three daughters. Currently working in the Lehighton School District as a safety resource officer.

What makes you the best candidate: Having a 27 year law enforcement career, I have developed skills and training such as interviews and investigation, making the determination of probable cause to pursue charges. I have handled hundreds of court cases, working with various departments on a local, state, and federal level. I have accrued thousands of hours investigating crimes and seeing them through the judicial process. I believe I have the irrefutable experience to hold the office of District Magistrate.

What do you think is the most difficult part of being a magistrate judge, and how would you prepare to overcome the challenge: Upholding and enforcing the law within the area that you live can be difficult, at times very unpopular, often with many criticisms. You have to have dedication and trust in the very system you have sworn to uphold, maintaining the privacy and safety of the people you are responsible to protect, the taxpayer, your community. I feel my years in law enforcement have given me the tools and skills to embrace the role of judge.

What are the most crucial criminal and civil issues within the district you want to represent, and what role would a district judge have in these matters: Often criminal and civil issues go hand-in-hand. Drug and gang issues often lead to criminal issues such as thefts, robberies and violent crimes, and then proceed to civil issues such as landlord/tenant disputes and housing violations. This begins the block to block deterioration of our communities, putting the safety of residents at risk. As a judge, I would want to take a very proactive role in accountability and enforcement of the law.

Blight is one of the most pressing issues in Carbon County. What do you see as your role in helping solve the problem: During my 21 years as Chief of Police, I handled many borough and housing code violations, in the last 5 years, blight has definitely become a more prevalent issue. As a judge, I believe the most important role for this issue is establishing accountability and maintaining enforcement. Ensuring that landlords and tenants are held responsible for their properties and actions, working with the boroughs, not against them, this is imperative to preserve our area.

Beth Dodson
Eric Filer
Kirk Henritzy
Billy O'Gurek
Kelly Sheridan
Frank Shubeck
Sean Smith