Schuylkill County voters will go to the ballots Tuesday to choose between two candidates for Court of Common Pleas.

Michael A. O’ Pake and Bill Burke are running to fill the vacancy left By Judge William Baldwin’s retirement. The salary is $213,422.

Michael A. O’Pake

Town: Norwegian Township

Background: Michael A. O’Pake is currently serving his second term as District Attorney of Schuylkill County. Before his election, he served as an Assistant District Attorney for 21 years. O’Pake is a graduate of Marian Catholic High School, Dickinson College, and Dickinson School of Law. He is a native of Mahanoy City and resides in Norwegian Township. He is married to Jen Padinske O’Pake, and they have 2 children, Michael and Caleigh. He previously worked at the Curran Law Firm and was a solo practitioner for 18 years. He has represented numerous school districts, municipalities, and zoning hearing boards, is on the board of directors for the Pennsylvania District Attorney’s Association and is a member of numerous civic organizations and clubs.

Why do you wish to become a Court of Common Pleas Judge: I would like to become a Court of Common Pleas Judge because I have a wide variety of experience in all areas of the law. As the elected District Attorney, I make decisions everyday that affect the lives of victims, defendants, and their families. Judges do the same thing. With my background and experience in all areas of the law that may come before a Common Pleas Court Judge, I am prepared and willing to make decisions that will affect the lives of the people of Schuylkill County.

What special strengths or background do you feel you possess that would particularly well qualify you for the position: As a public servant for more than 30 years, I understand that the Judicial System is about people. As the District Attorney, I have been proactive in prosecuting crimes, protecting victims, and ensuring swift punishment for defendants. Under my administration, cases are now resolved within 6 or 7 months, whereas in the past, it would take a year or more for cases to be resolved. The sentences I recommend for criminals are fair and consistent. I will bring that same proactive approach, fairness, and consistency to the bench as a judge. I will treat everyone that comes before me with the dignity and respect they deserve.

What are your thoughts on increasing the number of plea deals in Schuylkill County Court: Plea deals are really negotiated plea agreements between the District Attorney’s Office, the Defendant, and Defense Counsel. Those agreements are based upon the seriousness of the offense and the defendant’s past criminal conduct. Plea agreements are an essential and integral part of the criminal justice system and those agreements allow for cases to be resolved quickly. Resolution of a case brings closure for victims and swift punishment for criminals. The real question is not whether negotiated plea agreements should increase but is whether they should continue. The answer to that question is “yes” they should continue to be part of the criminal justice system.

How would you change how the courts handle mentally ill defendants: Since my time as the elected District Attorney in 2018, I have seen a significant increase in the number of mental health issues involving defendants come before the court. Most of these mental health issues involve co-occurring issues, such as drug dependency. Therefore, early intervention is essential to identify and treat mental health issues. That early intervention must include multiple agencies trained and equipped to handle these co-occurring issues. The court should also be involved and if elected judge, I would be willing to preside over any mental health treatment court.

What would you do to reduce recidivism: Recidivism will only be reduced if criminals are held accountable for their crimes. The punishment must be swift and severe. Criminals must know that their criminal activity will not be tolerated in Schuylkill County. I have a reputation of being tough on crime and I am endorsed by the Pennsylvania State Police, Schuylkill County Chiefs of Police Association, and Fraternal Order of Police North Schuylkill Lodge #25. I will bring the same principles to the bench as a judge that I have applied as District Attorney.

Bill Burke

Town: Port Carbon

Background: Pottsville Area High School Graduate, University of Scranton, Graduate, Thomas M. Cooley Law School Graduate, former Law Clerk to Schuylkill County Court of Common Pleas, private practice attorney for 32 years, staff attorney - Schuylkill County Office of Senior Services, Assistant Public Defender, Solicitor to Schuylkill County Recorder of Deeds, former Assistant District Attorney, Municipal Solicitor.

Why do you wish to become a Court of Common Pleas Judge: I seek a seat on the Schuylkill County Court of Common Pleas due to my experience as a general practitioner of the law. A judge confronts a multitude of issues in various legal areas similar to that of a general practitioner, I possess experience in criminal, civil, and municipal law. I have served the public as solicitor for numerous townships, boroughs, municipal authorities and zoning hearing boards. My constant interaction with the general public has enabled me to possess both the temperament, experience, and judge of character necessary for service on the Schuylkill County Court of Common Pleas.

What special strengths or background do you feel you possess that would particularly well qualify you for the position: I’m passionate about the law, our constitution, and upholding law and order in Schuylkill County. Throughout my career, I have devoted countless hours to protecting those who couldn’t protect themselves, especially seniors. I possess the experience required of a Judge of the Court of Common Pleas and appear in our Court of Common Pleas three to four times a week. This paired with my broad and extensive legal experience has uniquely prepared me to serve as a Judge of the Schuylkill County Court of Common Pleas.

What are your thoughts on increasing the number of plea deals in Schuylkill County Court: A judge shall not participate with the prosecution or defense counsel in the plea negotiation process. However, a judge is duty bound to examine each proposed plea agreement as to fairness and equity. A judge should evaluate whether the district attorney, defense council, and the victim are in agreement with a proposed plea deal. Further, a judge must further examine whether the proposed penalty conforms with the sentencing guidelines as enacted by the Pennsylvania General Assembly.

How would you change how the courts handle mentally ill defendants: Mental illness comprises one of the most pressing challenges in court proceedings. Although not always a complete defense in criminal and civil matters, a judge should consider whether mental health issues serve as a mitigating circumstance. Judges should avail individuals suffering from mental illness to any and all available treatment through the court system.

What would you do to reduce recidivism: Reduction in recidivism constitutes a multifaceted approach. As to the unfortunate circumstance of individuals regularly appearing before courts in criminal proceedings, a judge possesses an obligation for removal of that person from society in favor of incarceration. However, in instances where mental health, drug addiction, or alcohol addiction appear as to the root of a problem a judge should consider potential mental health treatment drug and alcohol counseling, participating in a drug court or veterans court, where and individual could potentially rehabilitate themself and become a productive member of society.