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The questions were prepared by the Leagues of Women Voters of Santa Clara County and asked of all candidates for this office.
See below for questions on
Sentences,
Experience,
Bias
Click on a name for candidate information. See also more information about this contest.
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1. As a judge, you may be called upon 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?
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Answer from Michele McKay McCoy:
Any judge's personal opinions are irrelevant to sentencing. A judge must follow the law at all times.
Many crimes, called non-alternative felonies, require a prison sentence by law, and probation is not possible. All crimes punishable with a life sentence (torture, murder, aggravated sexual assault of a child) fall into this category. So do some crimes without a life sentence (rape, forcible child molesting, furnishing drugs to a minor).
For those crimes which are probation eligible, the law requires a judge to consider a list of factors concerning both the crime and the criminal, such as the defendant's prior criminal history, if any, and whether force or violence was used in the commission of the crime.
Similar factors, set forth by statute, are used to determine prison sentences. Felonies which do not have life sentences have determinate sentences. Each count of child abuse, for example, is punishable by two, four or six years in state prison. The midterm, four years, is the presumed sentence. The mitigated term or two years or the aggravated term of six years may be imposed if specific facts relating to the crime and/or the criminal are present.
Misdemeanors, such as a first offense of driving under the influence of alcohol or drugs, often carry a mandatory minimum sentence, again proscribed by law.
In no case should a judge rely on something as unreliable as a subjective "feeling" about a particular case.
Answer from Tim Pitsker:
For minor offenders such as drug addicts and petty thieves, the key factors are whether the person is willing to be and can be rehabilitated. If you can straighten out these minor offenders and get them out of the revolving door of the criminal justice system then the crime rate will drop and both the offenders and society will benefit.
For serious offenders, some key factors are the degree of harm or injury caused by the offender to innocent victims, along with prior conduct and prior convictions.
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2. Please describe your experience in civil and criminal cases.
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Answer from Michele McKay McCoy:
In more than twenty years as a prosecutor I prosecuted murderers, rapists, child molesters, child abusers, and other violent offenders in jury trials. Because of my experience and ability to teach other prosecutors how to effectively and ethically try cases, I taught at statewide conferences for prosecutors for many years. I continue to teach police officers how to investigate child abuse and child homicide cases.
My experience in civil cases is limited to some family law cases I handled when I was just out of law school.
Answer from Tim Pitsker:
For the last 22 years I have been a Prosecutor working for Santa Clara County. Prior to that I spent a year with the Contra Costa District Attorney's Office. With over 100 felony trials, I have taken more felons to jury trial than any other prosecutor working for Santa Clara County. I spent 7 years handling gang and career criminal cases, some of Santa Clara County's worst criminals. One of the two most important gang cases to come out of Santa Clara County was my case, People v. Gardeley, in which the California Supreme Court upheld the convictions in 1996. This case is important in teaching prosectors how to successfully prosecute gang cases.
I was the first prosecutor in Santa Clara County to use DNA evidence in a jury trial. In that case the victim's blood was successfully matched with blood found on the defendant's shoe.
I am the only prosecutor to successfully prosecute a Norteno Gang Case occurring in the Santa Clara County main jail. With the 'code of silence' and fear of retaliation from the gangs, it is difficult to prosecute gang cases from the jail.
For the last year, I have been working in drug treatment court trying to get drug addicts into programs so they can be rehabilitated. If the drug offenders are successful in completing the program then their cases are dismissed and hopefully we will not see them again in the criminal justice system.
I have civil experience as a judge pro tem (volunteer) helping out in small claims court.
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3. Would you propose any changes to assure there is no appearance of bias in the courtroom including, but not limited to, bias based on disability, gender identity, age, race, religion, ethnicity, or sexual orientation?
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Answer from Michele McKay McCoy:
Even the appearance of bias is completely unacceptable in a courtroom. It is up to the judge to ensure that the words and actions of every member of his or her staff and the attorneys, as well as the judge himself or herself, are free from bias.
Answer from Tim Pitsker:
In my court all people will be treated equally and with respect. I will have zero tolerance for discrimination of any kind.
Responses to questions asked of each candidate
are reproduced as submitted to the League.
Candidates' responses are not edited or corrected by the League.
The order of the candidates is random and changes daily. Candidates who did not respond are not listed on this page.
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League of Women Voters of California Education Fund
