A clarification from one of the Sunbury area’s district justice’s
SUNBURY – Sunbury district justice Ben Apfelbaum is out with a response, and clarification regarding the way he runs his court.
He’s responding to comments made by one of the candidates who hope to succeed him as magisterial district judge. Apfelbaum, in a statement issued Wednesday, said he wants to respond, and correct the false, misleading or unfair allegations made by one of his opponents in the upcoming election.
Apfelbaum, along with assistant DA Mike Toomey, and Sunbury police corporal Brad Hare, are running for the office. All three have been on WKOK’s On The Mark program. The incumbent says that was the forum where one of his opponents made the statement.
The issue involves scheduling preliminary hearings in a short, several hour period, on one weekday morning. It involves calling all cases, and all witnesses, attorneys and police, at the same time, then each waits for their turn in front of the judge.
Apfelbaum said he is not responsible for the clustered scheduling of the preliminary hearings in his office—that practice was handed down from the county’s court administration, and wasn’t devised at the magistrate’s level. He says one of the candidates, and he doesn’t say which one, said this was Apfelbaum’s practice.
Below is a copy of candidate Apfelbaum’s statement. We’ll get reaction from the other candidates as well. Apfelbaum also refuted comments saying he does not use community service as a punishment option.
Press Release
March 8, 2017
From: Magisterial District Judge Benjamin Apfelbaum
To: WKOK 1070 AM
The Daily Item
Re: Factually accurate public response to false, misleading, or unfair allegations made by opposing candidates.
During radio interviews on WKOK 1070 AM’s program, “On the Mark” one or more challengers for the 2017 magisterial district judge election made some false, misleading, or unfair allegations against Magisterial District Judge Benjamin Apfelbaum. This statement is designed to respond to and correct the false, misleading, or unfair allegations that were made by one or more of the other magisterial district candidates.
In an effort to avoid the appearance of negative campaigning, this statement does not identify which candidate for magisterial district judge said which false, misleading, or unfair allegation or allegations against Magisterial District Judge Benjamin Apfelbaum.
Contrary to what was stated or suggested by one or both of the challengers against incumbent Magisterial District Judge Benjamin Apfelbaum, Judge Apfelbaum is not responsible for setting up the countywide policy of holding preliminary hearings in the mornings, with all police, defendants, and witnesses showing up at the same time and waiting for their cases to be called. Preliminary hearing scheduling policy is set at the administrative level. Magisterial district judges have advisory powers about countywide administrative judicial policies but do not have countywide administrative decision-making power.
As we all know, Northumberland County presently is in the unusual position of not having a jail of our own. This prevents us, as a county, from setting our own inmate transportation policies. Since preliminary hearings often involve the transportation of inmates for their preliminary hearing, a countywide policy is necessary to deal with that fact as well as other important aspects of judicial administration and management.
The preliminary hearing scheduling policy was established by a prior President Judge with the assistance of our Court Administrator. This policy was established in order to accomplish the following: make sure that prisoners are returned to Northumberland County’s temporary prison facilities at SCI-Coal Township State Prison in a manner consistent with SCI Coal Township’s requirements; increase the availability of court-appointed defense attorneys for preliminary hearings; increase the efficiency of the appointment of court appointed defense attorneys; reasonably assist the prosecuting attorneys’ preliminary hearing availability; increase predictability in the scheduling process; and reduce Northumberland County’s prisoner transportation costs.
Contrary to what was stated or suggested by one or both of the challengers against incumbent Magisterial District Judge Benjamin Apfelbaum, Judge Apfelbaum has at various times had minor defendants perform community service work in cases where the minor defendants were cited with violations of summary criminal offenses.
Furthermore, the community service requirements were often coupled with educational assignments such as making handwritten copies of the statute that the minor was cited for allegedly violating, and writing essays about safety topics related to dangerous behavior prohibited by the statute that the minor allegedly violated.
Very truly yours,
Magisterial District Judge Benjamin Apfelbaum
