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Three seek district justice position

November 4, 2011
The Times Observer

By COLIN KYLER

ckyler@timesobserver.com

Voters will see three candidates on the ballot for Magisterial District Judge in District Court 37-2-01.

Those candidates are Glenn Carlson, Hobson McKown and Alan Kiser. There are no known write-in campaigns.

The district encompasses Cherry Grove, Pleasant and Sheffield townships and the City of Warren.

Carlson served as a Sheffield Township police officer for 15 years and was a sitting district judge for 12 years in district 37-3-04. That district was eliminated during a consolidation of magisterial districts four years ago.

Over the last four years, Carlson said he has been a senior district judge. Each year, he said he keeps his certifications active.

"It's a very fulfilling position," Carlson said of being district judge. "I enjoyed it when I did it before."

According to Carlson, he likes working with the public and trying to do his best to treat everybody with fairness and equality. In the past, he said he has always been accessible to the public and plans to continue that philosophy.

If elected, Carlson said he would not bring many changes since the justices are mandated by rules of federal court as well as state and county courts. In 1989, he said he took the required certification training and has been certified ever since.

Carlson stated he has no criminal record.

McKown said he has taken the required certification training for district justices. For four years, he said he has undergone a self-guided study of the law so that he can best perform his duties.

"A number of judges in the state could be doing better," McKown said. "I would set an example that you can take office, adhere to the constitutions and make things better than when you came in."

After winning, McKown said he would hope to have the U.S. and Pennsylvania constitutions in the courtroom. At the lowest levels of court, he said he sees almost nobody raise constitutional issues as their defense or offense.

While not too familiar with the administrative aspects of the position, McKown said he would do his best to adhere to the law. If in the position to save money by computerizing processes, he said he could do so as he is a computer programmer by trade.

"I don't just expect to uphold the constitutions in office," McKown said. "I fight for them in my personal life."

To do so, McKown says he tries to get unconstitutional laws struck down. At times, he said the courts have not been happy with the direction of his case.

McKown has a felony conviction for carrying firearms without a license, and he said people can look up his case on the Internet. While graded as a felony now, he said that could change soon. He is currently on probation on that charge.

"The charge strikes me as unconstitutional," McKown said. "Article I Section 21 of the Pennsylvania Constitution says the right to bear arms shall not be questioned."

Normally, McKown said, a felony would prevent somebody from holding office but not running for office. However, he said people should not be afraid from voting their conscience.

Kiser said he's an eligible candidate who has studied the Constitution a lot. If he could summarize his campaign, he said he's running for God, family and country.

"The oath of office is important," Kiser said. "I see it as a contract, unlike our former district justice."

Among elected officials, Kiser said he does not see many upholding their oath. Supporting and obeying the Constitution is key for any justice, he said, or anybody else who is elected.

The Constitution will be used in his rulings and judgments, Kiser said, and just because the legislature passes a law does not make it constitutional. This concept goes back to the 1803 Supreme Court decision in Marbury v. Madison which upheld the concept of judicial review, he said.

"They could make orange hats forbidden on Wednesdays," Kiser said. "The police would have an obligation to enforce that, but I would be finding people not guilty."

As a strong supporter of the Second Amendment, Kiser said he would protect it. He also will uphold the First Amendment, he said, as well as all others.

Those who hold office are not God or the Gestapo, Kiser said, but are elected by and accountable to the people. As such, he said it is important to be accessible to them.

Presiding over marriages is one of the better parts of the job, Kiser said, and district justices must also be available on the weekends if needed. They handle landlord/tenant disputes, he said, as well as set bail and deal with drug violations among thousands of other things.

Creative solutions are needed, Kiser said, such as having evening court once a week. By closing up at 4 p.m. each day, he said many people who have to work lose out on money.

Justices can't make everyone happy all the time, Kiser said, but mediation should benefit all parties. They should come out realizing they may have been wrong in some area, he said.

"When I see fines imposed, they're not a solution," Kiser said. "The fines are small while court costs are astronomical."

After being slapped with a fine, Kiser said an offender can walk out the door while nothing was solved. Different forms of sentencing could help, he said, such as support groups.

Everyone gets the impression the court is run by bad people, Kiser said, and they have legitimate complaints. While in the courtroom, he said they should feel comfortable and know they have someone looking out for them.

To a certain degree, Kiser said police can be overzealous in issuing citations. Good police are needed, he said, and he can be a friend to people on both sides of the law.

"If you're in the court room, there should be an injured party with a legitimate claim," Kiser said. "It could be from stealing, threats or damages."

In the community, Kiser said there is a bit of a drug problem. Recently, he said he attended a forum on the issue and heard from physicians and law enforcement alike.

By experiencing the court system through his immediate family and children, Kiser said he has gained experience. He can relate to the young and old alike, he said, as well as everyone in between.

The campaign marks his fifth bid for public office, Kiser said, with other races being for mayor, commissioner, state representative and state senator. Each time, he said his numbers have increased.

While this will be his first attempt to hold a judicial role, Kiser said he's contemplated the move. He said he feels the Lord spoke to his heart.

Down the road, Kiser said civil unions may be passed. As an elected official, he said he will oppose that and support traditional marriage.

"I know it's controversial," Kiser said. "I'll stand on principles and not politics."

As of yet, Kiser said he has not taken the required magisterial district justice training, but noted most wait until being elected to do so.

Kiser acknowledged a misdemeanor on his criminal record.

 
 

 

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