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
Sentencing,
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 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?
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Answer from Vanessa A. Zecher:
- I believe that people should be held accountable for their actions and I would be looking for that accountability when I am considering an appropriate sentence.
- I would consider the severity and impact of the crime on the victim and on society in general. Considerations such as whether the defendant used a weapon, caused physical injury and the age of the victim would be important in determining a fair and just sentence.
- I would want to know if the defendant has a prior criminal record and, if so, what it is.
- The attitude of the defendant would be important in terms of whether he/she acknowledges that he/she has caused harm, whether the defendant expresses remorse for causing that harm and has paid restitution to the victim.
- I strongly believe in rehabilitation for first time drug offenders, unless their offenses are dealing or selling drugs, and for persons with mental health issues where their offenses are minor.
- If the jury has made a decision in a capital case that the death penalty is correct, then I would uphold that decision unless there was a valid legal reason (not a personal or arbitrary opinion) to do otherwise.
Answer from Tim Pitsker:
See my comments under politcal philosophy.
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2. Please describe your experience in civil and criminal cases.
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Answer from Vanessa A. Zecher:
- I have been a civil arbitrator since approximately 1994 deciding a range of cases from car accidents to legal malpractice.
- I have served as a Judge Pro Tem and Settlement Officer since approximately 2002 presiding over and settling hundreds of civil matters
- I have had jury trial experience in our criminal court and in Federal Court. In approximately 1992 I spent six months as a volunteer with the Santa Clara County District Attorney's Office assigned to the misdemeanor calendars.
- As a Deputy County Counsel (from December 1987-approximately August 1991) I represented the Public Guardian, the Santa Clara County Sheriff, Valley Medical Center, Department of Family and Children's Services and the Municipal and Superior Court Judges in a variety of issues in both State and Federal Court
- I have experience in multiple Court trials involving child abuse, child molest, chemical dependency issues, mental health issues and general child neglect issues.
- I have experience in taking cases to hearing in administrative proceedings for labor relations issues related to the County of Santa Clara and in foster parent licensing matters.
- I founded my own law firm in 1994 specializing in family law matters. I have had many trials involving child custody and visitation issues, mental health issues, chemical dependency issues, business valuations, stock option valuations and characterization, pension issues, and child and spousal support issues
- I have substantial experience working with experts in trial in the areas of mental health, chemical dependency, child abuse and neglect, child sexual abuse, and accounting issues.
- I have served as an attorney for minors, representing over 50 children in high conflict custody cases giving me extensive experience with the special needs of children both in and of court.
Answer from Tim Pitsker:
As a dedicated public servant I worked for 26 years as Deputy District Attorney prosecuting criminals in Santa Clara County (1984-2010). I have taken more felons to trial than any other prosecutor working in the Santa Clara County District Attorney's Office. I have prosecuted cases involving rape, mayhem, child molestation, child abuse, terrorists threats, torture, attempted murder, voluntary manslaughter, vehicular manslaughter, gang cases, career criminal cases, three strike cases, robbery, kidnapping, assaults with deadly weapons, assaults with infliction of great bodily injury, child pornography, residential burglary, auto & commercial burglary, numerous types of embezzlements and thefts, all kinds of weapons charges, sales, possession for sale and simple possession of heroin, cocaine, methamphetmine, marijuana and many other drugs, welfare fraud, felony and misdemeanor driving under the influence of drugs and alcohol and many other felonies and misdemeanors.
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3. Would you propose any changes to assure that 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 Tim Pitsker:
The judge has the authority for complete control in court through the use of the powers of contempt and the use of the bailiff. As long as the judge is strict with a no tolerance policy and enforces that policy there will be no problem with bias or discrimination in his/her court.
Answer from Vanessa A. Zecher:
- I do not tolerate or condone discrimination of any kind or nature either in my law office or in my personal life.
- As an attorney, I have taken mandatory State Bar continuing education classes sensitizing me to issues related to either actual bias or the appearance of bias in the Courtroom (which I do even now as an attorney).
- As a judge, I will take the required the Elimination of Bias in the Legal Profession classes as well as a required two hour class, every other year, entitled Prevention and Responding to Sexual Harassment.
- As a judge, I will ensure my courtroom is accessible to all, providing necessary assistance to all litigants, and educate my courtroom staff on the high standard of fair treatment I expect in my courtroom.
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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