HUNTINGTON -- Many of the 18 candidates seeking the Democratic Party's nomination for Cabell County Magistrate say tougher punishments and fewer delays are needed in the court system.
The Democratic incumbents are Alvie Qualls, Betty J. Wolford, Darrell Black, John Ray Rice, Johnny McCallister and Mike Woelfel. They are being challenged by Amy Walker Daugherty, Brandee McCoy, Dan Goheen, Danne J. Vance, Don Maynard, Gregory C. Miller, Homer Heck, Laura Beckett-White, Lisa Cay Pulley, Opal Sanders, Ralph J. Hensley and Timothy (Tim) Fox.
The Democrats will face Republican challengers Carlen (Len) Merritt, Rondall "Ron" Baumgardner and Teresa L. Beter in the November general election.
Crime and criticism have increased since voters last cast ballots for magistrate in 2004. Some have mentioned Magistrate Court as a problem area as law enforcement battles increased drug trafficking and violent crime.
The public has complained bond amounts are set too low, thus allowing out-of-town drug dealers to post bond too quickly.
County commissioners have said unreasonably high bonds and other factors contributed to the county's high regional jail bill. They said high bonds keep nonviolent offenders in jail for too long. They also said some inmates have been detained after charges were dismissed because the magistrate failed to send discharge papers to the regional jail.
Law enforcement has been critical of the court saying too many delays affect manpower and overtime costs for their agencies.
Three reviews of court documents revealed that many felony charges are being reduced, such as drug trafficking and repeat drunken driving. Court officials said investigative strategies and insufficient evidence are two factors that lead to reduced charges.
The candidates have shared their thoughts on those issues.
Beckett-White: The candidate has worked with juveniles involved in the criminal justice system. She has worked with court officials in several counties.
Beckett-White believes too many delays occur. She believes public defenders should meet with their clients beforehand, and the court needs the ability to conduct multiple hearings at one time. She said negotiations must occur, but she said it should be done in a timely manner.
The candidate called plea bargaining "an essential part of the system," but she said magistrates should examine each agreement. She said out-of-town drug dealers should be considered flight risks and bonds should be set accordingly.
Black: The incumbent was born and raised in Huntington. He has served as magistrate for eight years. He was a Huntington police officer for 28 years, including 18 years as a detective.
The incumbent said delays happen too often, most of time because the parties are unavailable. He said the magistrate should keep constant communication with the prosecutor and defense attorney to keep the docket moving.
Black does not believe too many plea agreements are being approved. He said the magistrate must review each case. He said bond amounts depend upon the seriousness of the crime and criminal history.
Daugherty: The candidate was born and raised in Huntington. She said she has keen interest in the magistrate system and has observed several proceedings.
Daugherty said delays occur too often, but she said attorneys need time to negotiate. She called it "a vital part of the system." She offered no specific solutions, but said an effective magistrate will avoid delays.
The candidate said a magistrate should scrutinize each plea agreement, but she said such agreements are fundamental to preventing a backlog of cases. Daugherty said criminal bonds should be "appropriate and realistic."
Fox: The candidate graduated high school in Barboursville and attended Marshall University. He served four years in the U.S. Air Force.
Fox said delays will always occur. He said the entire judicial system contributes to the delays. He would do everything within his power to move cases along, but he said everyone must work together to increase efficiency.
Fox said plea agreements are the decision of each attorney. He said they should be dealt with on an individual basis. He also said there is no such thing as too high of a bond.
Goheen: The candidate is self employed in the insurance business. He also is a former member of the Huntington Police Civil Service Commission, where he served as president for 13 years.
The candidate said there are too many delays in magistrate court. He said public defenders should be assigned earlier in each case. That would allow for proper notification of any requested postponement.
Goheen said he will closely scrutinize any plea agreement for all drug dealers, including first-time and repeat offenders. He said bond amounts should take into consideration the severity of crime and the person's criminal history. He believes the accused and the bondsman are the only ones who complain about bonds being too high.
Heck: The candidate is a former, two-term state senator.
Heck said too many delays occur. He said he will be a more efficient judge. He vowed to motivate and demand lawyers be prepared.
Heck also spoke out against plea bargains. He said he will not allow plea bargaining to occur. He will set high bonds for out-of-state suspects. He will require inmates to pay for their incarceration.
Hensley: The candidate has worked 19 years in the Court and Process Division of the Sheriff's Office.
Hensley said he will treat each case individually. He said delays are acceptable in some instances.
The candidate said he believes too many plea bargains occur, and he vowed to act on each case according to the severity of the crime. He said bond amounts should consider the suspect's criminal history and their attendance record in court.
Maynard: The candidate recently retired from Huntington Police Department after 26 years.
Maynard said some delays are unavoidable, but he said magistrates who have control of their courtrooms can avoid unnecessary delays. He believes a status/plea bargain conference should be held prior to anyone being subpoenaed for court. That would allow both sides to resolve the case more promptly at less cost.
The candidate believes plea agreements are necessary, but he said the magistrates should make sure the punishment fits the crime. He also said bonds should be set according to the risk of flight and possible danger to the community.
McCallister: The appointed incumbent has served 11 years as magistrate. He is filling the unexpired term of retired Magistrate Brenda Chapman. He also has served as an investigator with the Sheriff's Office and the Prosecutor's Office.
The candidate said a lack of space and inefficient schedules make it difficult for magistrates to move cases through the system.
McCallister said prosecutors are the ones who negotiate and agree to plea bargains. He also said citizens are best served when bond amounts are set appropriately.
McCoy: The candidate graduated from Huntington East, and has worked in the magistrate system. She also graduated from the University of North Carolina at Chapel Hill and its School of Law. She is the only Democratic candidate with a law degree.
McCoy vowed to limit delays by keeping clerical errors to a minimum and setting high standards for granting postponements.
The candidate said she would scrutinize the defendant's understanding of each plea, but she promised to respect the role prosecutors, law enforcement and defense attorneys. She vowed to set bonds that compel the defendant to appear in court without becoming a flight risk.
Miller: The candidate is a minister who has served as a retail owner and a landlord.
Miller said there are too many delays. He believes more magistrates should be hearing cases, but that will require more court rooms and more space.
Miller said there are too many plea bargains, and he vowed to send cases back to the prosecutor when he doesn't agree with a plea agreement. He said bond amounts should be considered on a case-by-case basis.
Pulley: The cosmetologist has lived in Cabell County all of her life. She manages a franchise out of the Regis Corporation.
Pulley said she believes attorneys should be given a certain timeframe to negotiate. If they are unable to make a decision, she said she will make it for them.
Pulley said each case should be treated individually. She also believes out-of-town suspects should get the maximum bond.
Qualls: The longtime incumbent is currently suspended with pay amid sexual harassment and incompetency allegations. He contests those allegations. The case is still pending before the state Supreme Court of Appeals.
Qualls said he does not like plea bargains, but he admits they are hard to avoid. He said he will continue setting high bonds for drug suspects, especially those who are from out-of-state.
Rice: The incumbent said he has served as a judge in the county's judicial system since 1964.
Rice believes too many cases are delayed, but some cases are delayed for good reason. He said it is right to delay a case when one of the parties cannot attend for reasons such as a conflicting court appearance, sickness or failure to send out subpoenas. But Rice believes magistrates should not delay cases because an attorney is unprepared. He also said the judge should stay on top of his or her docket to make sure negotiations are moving along without delay.
Rice said each magistrate should closely consider each plea agreement, but he said charges are often reduced for good reason.
"The citizens of Cabell County and the victims involved in the cases are better served to have the defendant plead to a lesser charge and receive some time or punishment than to roll the dice in court on inefficient evidence to gain a conviction, and have the criminal walk," he said.
Rice said it is often difficult to set a bond for more money than an out-of-town drug dealer has access to.
Sanders: The candidate's job experience includes work as an emergency dispatcher, experience in the Sheriff's Tax Office and as a teaching assistant.
Sanders said she believes too many delays occur, but she said some delays are unavoidable. She believes the magistrates should do more to work together.
The candidate said plea agreements are an integral part of the criminal justice system. She said the system would back up otherwise. She believes each agreement should be closely scrutinized. She said most defendants are entitled to a bond, but she favors setting the highest of bonds for out-of-town suspects.
Vance: The candidate has more than 25 years of law enforcement experience, including stints on the Barboursville Police Department, the Cabell County Sheriff's home confinement force, airport police and private security.
The candidate believes negotiations and plea bargains are necessary, but he said delays should be limited. If elected, he said his duty would be to weed out cases that are delayed for no valid reason. Vance believes the punishment and bond amount should fit the crime. He said each plea bargain must be reviewed individually. He said a backlog would exist without plea deals.
Woelfel: The incumbent has served five years as magistrate.
Woelfel said he reviews every case in advance. He said he has addressed issues of preparation and efficiency with attorneys and circuit judges. He said he considers many factors before granting a delay. He said some issues, such as a party being late or unprepared, are out of his control.
Woelfel said he frequently sets high bonds when appropriate, but he recognizes most defendants' constitutional rights to a reasonable bond. He said each plea agreement must be reviewed on a case-by-case basis.
Wolford: The incumbent has served as magistrate for 22 years.
Wolford said postponements are out of the court's control. She also said adding another court would increase efficiency.
The candidate said there are not an excessive number of plea bargains in magistrate court. She said bond amounts must be reasonable. She favors higher bonds for out-of-state suspects.
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