Dana Pfeil
For which department is your candidacy?
Calaveras County Superior Court Department One, the
criminal court.
How long have you resided in Calaveras County?
I grew up in the
Motherlode and live ten minutes past the County line towards Sonora. My children attend high school and once they
graduate my husband and I will be moving to Calaveras County. My family doctor and optometrist are in
Calaveras County as well as my pharmacy, P.O. Box, bank, favorite restaurants
and grocery stores. I have commuted to
Calaveras County for my entire legal career, over fourteen years, and cannot
wait to live here.
What are your qualifications?
I have been an attorney for over fourteen years. Initially I practiced civil law primarily
dealing with family, real estate and personal injury cases. I
became interested in criminal law after handling a few cases and transitioned
to the Public Defender’s Office. While
there, I handled all misdemeanors from arraignment through sentencing. I also handled all aspects of child
dependency cases.
In 2001, I was
honored to be invited to join the District Attorney’s Office by then District
Attorney Jeff Tuttle. I have prosecuted
crimes in Calaveras County for over twelve years now. I have had many overlapping assignments. For all of these assignments I was a vertical
prosecutor which means I handled the case from initial charging through
sentencing. For over seven years I made
all the charging decisions for domestic violence cases and vertically prosecuted
all felony domestic violence cases.
For four years I was the assigned prosecutor to the
Calaveras Narcotics Enforcement Unit of the Sheriff’s Department. I was in charge of reviewing all drug reports
generated by this agency for charging decisions, search warrant review, and
prosecution of cases from arraignment to sentencing. During this period of time I learned the
unique aspects of search and seizure law and the importance of protecting
citizens Constitutional rights under the Fourth Amendment. The
Fourth Amendment is the Constitutional right that allows each person to be free
from unreasonable searches and seizures.
The rules that apply to this very broad right are decided on a case by
case basis which means search and seizure laws have developed over a
significant period of time and are based on thousands and thousands of
cases. An understanding of these rules
is critical to making proper judicial decisions as it relates to detentions,
searches, warrants and the admissibility of evidence.
For two and half years I also vertically prosecuted all
sexual assault and child abuse crimes. I
have prosecuted rapists, child molesters, sex offenders who fail to register,
child abusers, and persons who put children at risk to be injured or worse.
While handling these various assignments I also
prosecuted various felonies including homicide, robbery, first degree burglary,
arson, embezzlement, and violent crimes against law enforcement to name a
few.
I have made charging decisions in thousands of
cases. I have successfully conducted
dozens of jury trials. I have handled
hundreds of contested evidentiary hearings.
I have handled misdemeanor appeals to the Superior Court. As a senior deputy I have experienced
virtually every aspect of criminal law and procedure. It is my firm belief that one cannot and
should not sit in judgment of a criminal case unless and until they have
mastered criminal law and procedure.
What are your greatest strengths?
My greatest strengths as they relate to my profession
are what have made me a successful prosecutor and attorney. I am knowledgeable in the law and courtroom
procedure, keeping up to date on new case law.
I am an accurate and fast researcher.
I have good analytical skills. I
write legalese well and I am persuasive.
I know how to judge the credibility of others and the facts of a
case. I’m decisive and I take into consideration all
sides of an issue before making a determination. I know how to say no and stick to it. I am passionate about the law and my ability
to help others. I am compassionate when
appropriate and stern when necessary. I
have a commanding presence in court. I
am fair and always try to do the right thing.
My greatest strengths as a person are my honesty and
sincerity. I do not lie and I do not like being lied
to. Anyone who knows me knows I am
candid and forthright. I have a fun
personality and consider myself a good friend.
I cherish my husband and children
and hope I have been a good example for them.
What are your greatest weaknesses?
I do not like to delegate. I have the frame of mind that if I want
something done in a particular way then I should do it myself. Some may not see that as a weakness but it
can make life overwhelming at times.
Do you feel you can be impartial?
Yes I can be impartial.
As a prosecutor I am an advocate for the People of the State of
California. I am in a unique position
unlike any other attorney. As a
prosecutor my responsibility is to protect the rights of the victim and the
defendant. I must ensure that law
enforcement has performed their job correctly and upheld the Constitutional
Rights of all persons involved. My job
is to do what is right under the law, not what is popular or expected. Impartiality is being fair and
objective. I am fair and objective
everyday.
Why have you chosen to be a candidate for civil/criminal
superior court judge?
My expertise is in criminal law. It takes years of everyday practice to master
the law and courtroom procedures necessary to competently practice criminal
law. As an attorney, I want to appear
before a judge who understands the law equally to or more than I do. Criminal cases are extremely important as
they are dealing with life and liberty, victims’ rights, and citizens’ rights. The
People of Calaveras County deserve a judge who can immediately step into a
criminal court without the need for on the job training.
I have chosen to run for election as the Judge in
Department One because that department handles all the crimes that occur in
Calaveras County. I would be honored to follow in the footsteps
of some of our most esteemed judges who all transitioned to the bench directly
from the District Attorney’s Office: John Martin, Douglas Mewhinney and Orrin
Airola. There is a reason prosecutors
make good judges. Everyday a prosecutor
judges the facts of a case, the credibility of witnesses, the strength of
evidence and its admissibility. A judge
does the same thing. I believe I am the
most qualified candidate for the criminal court, Department One.
What do you perceive as the greatest obstacles to justice
within our County?
The largest obstacle I see to justice is the County’s
lack of resources. The Sheriff’s
Department is understaffed. There are
not enough patrol deputies to respond to imminent calls and not enough
detectives to investigate cases that need additional follow up. The District Attorney’s Office has one
investigator which is simply not enough to address issues that come up after a
case has been filed. In addition, the
Probation Department cannot adequately supervise all probationers on their
caseload, there are simply too many probationers and not enough deputy
probation officers.
With that said, these agencies do their absolute best
with the resources they do have. Public
Safety is a paramount concern and one those in law enforcement devote their
careers to. But there is no denying the
lack of resources make it more difficult.
How would you address the perceived rise in juvenile crime?
Canon
5 of the California Code of Judicial Ethics governs the conduct of judicial
candidates seeking judicial office.
Canon 5B(1)(a) provides: “A
candidate for judicial office … shall not make statements to the electorate …
that commit the candidate … with respect to cases, controversies, or issues
that are likely to come before the courts….”
The subject of this particular question is an issue
that would come before the court. As
all decisions in cases are on a case by case basis, I would be in violation of
the above Canon in answering.
Do you support specialty courts? (. Please explain your answer and define which
specialty courts you would like to see continue or implemented in Calaveras
County.)
I am a true believer in specialty courts. I have been a part of Drug Court for over
seven years and have seen amazing results.
As a judge I would absolutely continue the Drug Court Program. Drug Court is the highest level of substance
abuse treatment the County offers. The
team is made up of the Court, Behavioral Health, Mental Health, Probation,
Public Defender and District Attorney.
Once an individual is sentenced to Drug Court, the team develops a
treatment plan unique to that person.
Generally, the team focuses on sobriety, education, job skills, medical
and dental treatment, mental health, family issues, and clearing up past
wreckage of their lives. The program has
been successful in helping many drug addicts get sober and stop their
criminality. The program’s success is
due in part to the intensive supervision each client receives as a result of
the concerted efforts among all the previously mentioned agencies. It has been a privilege to be a member of
the Drug Court Team and the program should continue to help the members of this
community who have substance abuse problems.
I would also like to see a Veteran’s Court established. I am married to a veteran of a foreign war and
understand the difficulties service can cause.
A Veteran’s Court would address the unique issues veterans face. Understanding the issues that cause problems
for veterans is critically important to rehabilitation. Resources for veterans for service related
issues are available but at times hard to access. A Court specializing in the treatment of
veterans could bring resources together and would greatly improve the
rehabilitative process for the veteran.
I would also be in favor of a Mental Health Court. I have prosecuted many defendants with mental
health issues. I routinely attempt to
get the Mental Health Department involved early in the proceedings to give
guidance on treatment options. Often
times there is no mechanism to address the underlying issues causing the
person’s criminality, their mental health, other than a referral to the Mental
Health Department for an assessment after their case is completed. A
Court specializing in the needs of this unique population could help keep these
individuals accountable to their services.
Frequently, those with mental health issues end up in the justice system
due to not complying with treatment regimens, specifically medications. Having the Mental Health Department involved
with these cases from the very beginning allows for treatment as a solution
rather than incarceration where this population is often victimized. Having all service providers and the Court
working together on individual cases keeps the individual in treatment and thus
keeps the community safer.
As a longtime member of Drug Court I have personally
seen how a specialty court operates and can be successful. I have seen individuals with long histories
of drug abuse and wrecked lives become clean and sober, get stable housing, get
a job, a car, a license, reunite with family, and become healthy. Most importantly, these individuals stop the
cycle of abuse and criminality. It is
the intensive and consistent supervision and accountability to the Judge who
presides over these types of courts that promotes true change in a person.
What is your general judicial philosophy?
A judge must know the law and courtroom procedure. In that area, they should be the most
knowledgeable person in the room. Every
person that appears before the bench is entitled to a judge that is equally
fair and impartial to all individuals. The
justice system is one of respect: for the court, court staff, attorneys,
litigants, plaintiffs and defendants. A
person appearing before the bench should have confidence that they will be justly
heard. Above all, a judge should always do what is right under the law.
Would you favor or oppose a system in which all sentencing
decisions were routinely reported in local newspapers, indexed by the name of
the judge?
With only a few exceptions, judicial decisions are
public. Whether or not they are
published and indexed by judge is up to the publisher; I have no opinion either
way. I do believe the public should know
and has a right to know how a judge performs from the bench. Sentencing decisions are a good example of
one of a judge’s primary functions in a criminal court. A judge should be impartial, fair and
consistent: when those things are
occurring, a judge should have no issue with sentencing decisions being
routinely reported.
Have you ever been disciplined by the State Bar association?
I have never been disciplined by the State Bar
Association nor has a complaint ever been filed against me.
What are your outside interests?
I am an avid reader and I like to sew. I enjoy making things for kids and
babies. I like to bake. I like to shoot at targets though I’m not a
very good shot. I like spending time with my kids, Noah and
Madalyn, playing games, hiking and talking about their day. I like to walk my dog Peewee. My husband and I like antiquing and get so
excited when we find something with local history. We primarily focus on old bottles from
Calaveras and Tuolumne County soda works.
I enjoy my friends and family and doing things out in the
community.
At this point I will allow any additional information the
candidate would like to disseminate to the public within the parameters of the
judicial canon, limited to 200 words.
The Calaveras County Superior Court is undergoing huge
changes. For the first time in over 18
years, there are multiple candidates on the ballot. I am running for the Court that handles crime
in Calaveras County. As a voter you
should demand that your next Judge for Department One have the criminal
experience necessary to properly administer justice. It is critical this person know search and
seizure law, rules of evidence, courtroom procedure, and has conducted jury
trials of the most heinous crimes our society has. I have knowledge and experience in all these areas. Ask yourself these questions. Would you want to be the first person a doctor
ever performed surgery on? If you were a
person charged with a crime, would you want a judge who did not have much
experience with criminal law deciding your fate? I’m guessing your answer to both is no. This is your chance to ensure the right
person with the right experience is elected to be your next criminal
judge. I am that person as I have the necessary
criminal experience to see justice done.
On June 3rd, vote Dana Pfeil for Superior Court Judge,
Department One.
