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LWV League of Women Voters of Chester County, Pennsylvania

Smart Voter
Chester County, PA May 21, 2013 Election
Candidates Answer Questions on the Issues
Judge; Magisterial District Court; District 15-2-03; Democratic Party


The questions were prepared by the League of Women Voters of Chester County and asked of all candidates for this office.     See below for questions on Justice for Debtors

Click on a name for candidate information.   See also more information about this contest.

? 1. Do you think debtors could be given sentences that do not involve incarceration?

Answer from William D. "Bill" Kraut:

The short answer is yes. The U.S. abolished federal imprisonment for unpaid debts in 1833. There are however instances in PA where a person could remain in jail or go to jail for debts. Frequently judges conduct what is know as a "Payment Determination Hearing".

In Rule 706(A) "A court shall not commit the defendant to prison for failure to pay a fine or cost unless it appears after hearing that the defendant is financally able to pay the fine and cost." 42Pa.C.S. 9730(b)(3) the court is allowed, upon finding the defendant unable to pay, to...sentence the defendant to a period of community service....

There is a segment of the population who have other priorities and choose not to pay their fines but spend their money on non essentials like fake nails, expensive hair cuts, expensive purses, droid or iphones. The Payment Determination Hearing is where the judge makes the call as to whether the debtor has the means to pay or not. If the court finds the debtor could pay and choses not to that person could be sent to prison. In prison the debtor could receive a credit of $40.00 a day for each day served. Most courts will work with debtors and set up payment plans.


Responses to questions asked of each candidate are reproduced as submitted to the League.  Candidates' statements are presented as submitted. Direct references to opponents are not permitted.

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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Created: July 8, 2013 11:52 PDT
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