Editor’s note: As part of its ongoing coverage for Tuesday’s general election, The Herald-Mail asked the 10 candidates seeking five open Berkeley County, W.Va., magistrate positions the following questions:
Question 1: What is your legal experience and/or other qualifications for the position?
Question 2: Why are you the right choice for magistrate in your county?
Question 3: What are the key qualities and components of a good magistrate?
Candidates were limited to 50 words for the responses to questions two and three. The questions have been edited for length, clarity and grammar.
Magistrates serve four-year terms are paid $57,500 annually in Berkeley County. Candidate Charles Cole did not respond to requests for information.
Betty Jo Hersh
Age: 48
Town of residence: Falling Waters
Occupation: Attendance enforcement Berkeley County
Question 1: 15 years courtroom experience; investigator family abuse and neglect, investigator supervisor, Child Protective Service; attendance enforcement, Berkeley County Schools; board of directors, Relatives As Parents (RAPP); board of directors, Children’s Home Society; board of directors, Court Appointed Special Advocates (CASA); board of directors, Community Alternatives to Violence (CAV);
Education: Master’s degree from West Virginia University; bachelor’s degree from Davis and Elkins College.
Question 2: Magistrates hold the unique opportunity to intervene in lives spinning out of control. My experience is that of holding individuals accountable and correcting trajectories before they become criminal. As your magistrate I will improve the life quality of your family and community. I will make a difference.
Question 3: Magistrates bridge our communities and the law. A good magistrate is one that makes sure that each person standing before them is treated fairly. Key qualities of a good magistrate include 1. integrity, 2. judiciousness, 3. open-mindedness, 4. firm, 5. even temperament, 6. devotion to community, 7. community involvement.
Jim Humphrey
Age: 61
Town of residence: N/A
Occupation: Berkeley County magistrate
Question 1: Served in the U.S. Marine Corps for seven years, served and retired as Martinsburg Detachment commander with 21 years in the WV State Police, served as a Berkeley County court bailiff after retirement, served as a captain with the West Virginia Division of Corrections at the Martinsburg Correctional Center, appointed as Berkeley County Magistrate in 2005, elected to magistrate position in 2006, appointed again as Berkeley County magistrate in 2010
Question 2: I have proven to be fair and impartial to all who comes before me. I am highly respected by my peers, attorneys and everyone in the Berkeley County judicial system. I have been commended by circuit court judges for being able to make tough decisions.
Question No. 3: A good magistrate strives to remain fair to all he or she has contact with, has knowledge and experience, integrity, dedication to the position and a sense of compassion for the well being of the public.
Tina Marie Jones
Age: 41
Town of residence: Martinsburg
Occupation: Work for Berkeley County Schools
Question 1: My husband has been a law enforcement officer for more than 10 years. I had the opportunity to sign up for the Ride-along Program and did so for eight years. During this experience I saw firsthand: suspects apprehended, arrest and search warrants executed and the paper work that is completed, filed and sent to magistrate court.
Question 2: My past experience as a manager of a restaurant, and a retail store has taught me professionalism, respect and responsibility. Having four children, and working in the school system for the past seven years and working with hundreds of children have taught me patience and understanding. I have these and much more to bring to the table.
Question 3: A magistrate should be impartial, respectful, honest, fair and have common sense. A magistrate has to be able to handle themself no matter what situation may arise. Active listening is also a plus when taking on this role. I am this person and hope that I am given the opportunity.
Robert L. Lowe II
Age: 63
Town of residence: Martinsburg
Occupation: Retired special agent/criminal investigator, U.S. Department of the Treasury
Question 1: I have 28 years of federal law enforcement experience. This professional position has provided me with extensive criminal/civil case experience and court procedures, knowledge about probable cause in obtaining arrest and search warrants, rules of evidence. I worked effectively with federal/state prosecutors, defense attorneys, individuals/society and various levels of government.
Question 2: My federal law enforcement career, military service and community involvement reflects the foundation of my character; moral, ethical, fair, impartial, hardworking, with family values; and the experiences and qualifications from the same reflect leadership, integrity, trust, teamwork, ability to handle adversity. Such sensitive positions required accountability and transparency.
Question 3: A magistrate holds an office of public trust; and therefore, has the duty to uphold and preserve the integrity of such judicial office, must be of good character, project confidence that justice will be fairly adjudicated in accordance with West Virginia Code, rules and regulations; committment to perform the necessary hours of casework.
Ken Mattson
Age: 42
Town of residence: Gerrardstown/Inwood area
Occupation: Business owner/farmer
Question 1: I served 10 years in the U.S. Army as a military policeman. I received four Army achievement medals, in addition to the Command Sergeant Major’s certificate for achievement, in performing my duties. I also work at the Harpers Ferry border control training facility as well as being a business owner. These experiences and training have prepared me well for the duties of magistrate.
Question 2: I believe that my training in the military, as well as my life experiences have prepared me well for the magistrate position. I will do the job I am sworn to do. I will perform my duty with honor and integrity.
Question 3: A honorable judiciary is indispensable to justice to our society. A Magistrate should participate in establishing, maintaining, and enforcing high standards of conduct so that the integrity and independence of the judiciary will be preserved. Key qualities are Honesty, compassion, to be fair minded and having a calming temperament, knowledge and understanding of the law and common sense.
JoAnn Overington
Age: 65
Town of residence: Martinsburg
Occupation: Berkeley County magistrate
Question 1: I have eight years’ experience as a magistrate with yearly training conferences. In addition, I have 30 years experience as a teacher, have a master’s degree from West Virginia University, am a magna cum laude graduate from Fairmont State College, and a Leadership Berkeley graduate. I’ve been active in the community as a volunteer, including with the Berkeley County Humane Society, United Way Volunteer of the Year, Read Aloud program and the Bedington Ruritan.
Question 2: I have the training and experience. I feel that those who know me as a magistrate know I am a hard worker, am honest, conscientious in what I do and that I have tried to treat all parties fairly. They would know they were listened to and treated with respect.
Question 3: Magistrates should be fair, impartial, honest, sincere, hard-working and dedicated to keep up with increased caseloads. They should be efficient and organized to manage dockets in a timely manner. With the county’s continuing growth, magistrates should feel obligated to protect law-abiding citizens to make Berkeley County as safe as possible.
John Sherman
Age: 48
Town of residence: Martinsburg
Occupation: Bail bonds agent
Question 1: I have 27 years of West Virginia law enforcement experience as a municipal police officer. This includes assignments such as Crime Impact Team (CIT), being a member of the tactical response unit, criminal investigations unit as a detective and a member of Berkeley County Crime Solvers. Additional details include DUI enforcement team and being assigned as a field training officer. I received numerous job-related awards from the community and the police department, including an Award of Valor.
Question 2: I am the right choice for Berkeley County magistrate because my proven record of dedication to the job gave me the knowledge of the judicial system required to be an effective magistrate.
Question 3: The key qualities of a magistrate are fairness, honesty and straightforwardness. A magistrate should, in my opinion, also have experience and training in law and/or a law enforcement or related field.
Harry Snow
Age: 67
Town of residence: Hedgesville
Occupation: Berkeley County magistrate
Question 1: For the past 41 plus years, I have consistently engaged in magistrate-related training and employment experiences. My family life background led to graduation from Martinsburg High School, four years in the U.S. Navy, 21 years as a Martinsburg City police officer retiring as a Shift Lieutenant; 21 years in the West Virginia Air National Guard; 11 years as a federal court security officer under the U.S. Marshall service to my current tenure as a Berkeley County Magistrate for the past 11 years. I hold an associate degree in criminal justice from Hagerstown Community College along with completing a number of specialized trainings during my career.
Question 2: I am experienced, energetic and able to take up the challenges. Being a practiced magistrate, I understand the job requires a lot of hard work, dedication and an in-depth knowledge of the law. I am hard-working, impartial and capable. In accordance with the law, my judgments have been fair to the rights of all concerned and just.
Question 3: A magistrate should have a sense of justice to apply the law to the facts of the case and the judgment to understand the impact of his/her decision. Good magistrates are patient and dependably exhibit understanding, compassion and firmness at all times. A magistrate should be the picture of integrity.
Joy Walls
Age: 51
Town of residence: Gerrardstown
Occupation: Magistrate’s assistant
Question 1: I have worked under the direction of Magistrate Joan Bragg for the past 22 years. I have attended numerous conferences with the West Virginia Supreme Court of Appeals, during my time as a magistrate assistant. Conferences have included, but not limited to, criminal and civil procedures, the issuance of warrants, civil suits and domestic violence petitions.
Question 2: I believe that I am the right choice because for the past two decades, I have been involved in the daily operations of magistrate court system. As a magistrate, I would be fair, honest and dedicated. It would be my job to uphold the law, without passion or prejudice. My 22 years as a public servant speaks for itself.
Question 3: The key qualities of being a good magistrate, is to be fair, impartial, honest, loyal, trustworthy and have knowledge of the West Virginia State Code. A magistrate must have good listening skills. A magistrate must disregard strong personal opinions and make rulings based on the evidence presented and the state code. I believe I have proven that I have these skills.
