League of Women Voters of California Education Fund
Santa Clara County, CA March 2, 2004 Election
	William J. Monahan Answers Questions Candidate for Judge - Superior Court; County of Santa Clara; Office 18

The questions were prepared by the Leagues of Women Voters of Santa Clara County and asked of all candidates for this office.

Read the answers from all candidates.

Questions & Answers

1. As a judge, you may be called on to impose sentences for crimes ranging from misdemeanors to homicide. While there are sentencing parameters and guidelines, you will have latitude. What factors and principles/values will affect your decisions?

I understand the importance of keeping our community safe. I will take into consideration all of the factors in aggravation and mitigation that the court must evaluate. I will consider the seriousness or violent nature of the crime, the injuries to the victim, the age and circumstances of defendant, the defendant's criminal history, and other relevant matters brought before me.

2. Currently Superior Court supervises the County's Juvenile Probation Department, including the juvenile facilities. Last year serious issues were raised about staffing, practices and services. The Board of Supervisors placed a measure on the ballot that would transfer control of the Probation Department from the Court to the Supervisors. Superior Court judges oppose the measure. What are your views on this issue?

The youth are our future. To solve the problems at juvenile hall and the probation department, it will take a collaboration between the courts and county board of supervisors. The focus must be on working together to improve the conditions, not grabbing power from each other. The system is seriously flawed. Now is the time to work together to fix it.

3. In March 2000 California voters adopted the Juvenile Crime Act which included punitive measures for juvenile offenses and gave prosecutors, rather than judges, the authority to send teenagers to adult court. What is your opinion about how this act is applied in Santa Clara County?

If I were writing the law, I would have judges, not prosecutors decide which minors should be tried as an adult. That said, as a judge I will follow the law, whether I agree with it or not. There are some minors that must be tried as adults in order to keep our community safe. When they are, the accused defendant has all the guaranteed rights of an adult, such as the right to speedy and public jury trial where twelve members of the community must unanimously find them guilty beyond a reasonable doubt.