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LWV League of Women Voters of Chester County, Pennsylvania
Chester County, PA May 21, 2013 Election
Smart Voter

William D. "Bill" Kraut
Answers Questions

Candidate for
Judge; Magisterial District Court; District 15-2-03; Republican, Democratic Party

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The questions were prepared by the League of Women Voters of Chester County and asked of all candidates for this office.
Read the answers from all candidates (who have responded).

Questions & Answers

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

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.

Read the answers from all candidates (who have responded).

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Created from information supplied by the candidate: May 16, 2013 18:22
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