Judicial candidate questions:
Name and dept.
My
name is Dana Pfeil and I am running for Superior Court Judge Department One.
Why are you running for Superior Court Judge?
In December of 2014, Judge John Martin will retire from
Department One. This will leave a void
of criminal law experience on the bench in Calaveras County. My opponent does not have the experience in
criminal law that is necessary to operate a courtroom that deals with the
majority of crimes committed in Calaveras County. I do have the proper and necessary experience
to handle any criminal law matter that may arise. As a trial attorney, I am an expert in
criminal law, the rules of evidence, courtroom procedure, and the complex rules
of sentencing. This knowledge cannot be
gained from “on the job” training that my opponent will need. It requires multiple years of working with
criminal law every day. I have the
necessary expertise and wish to put that expertise to good use as a superior
court judge.
What qualifies you for the position you seek?
I have been an attorney for fifteen 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
invited to join the District Attorney’s Office.
I have prosecuted crimes in Calaveras County for thirteen 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.
Finally, I was evaluated by the Commission on Judicial
Nominees Evaluation (JNE) in April of 2013.
This arm of the California State Bar assists the governor in the
judicial selection process and thereby promotes a California judiciary of
quality and integrity by providing independent, comprehensive, accurate and
fair evaluations of candidates for judicial appointment and nomination. The
JNE Commission found me qualified to be a Superior Court Judge.
What is your current occupation and the duties of that
position?
I am a Deputy District Attorney II with the Calaveras
County District Attorney’s Office. I
have been so employed for thirteen years.
As a senior prosecutor my duties are diverse. I review reports and make charging decisions
for both adult and juvenile crime. I
appear on all aspects of a case from arraignment to pre-trials, trial
confirmation conferences, trials by judge or jury, sentencing and misdemeanor
appeals. I perform preliminary hearings
and 1538.5 motions for individuals trying to suppress evidence. I present cases to the grand jury. I also appear on many other various motions
that can be filed in a criminal case far too numerous to name here.
I also am responsible for the civil asset forfeiture of
drug dealer monies. I am a part of the
Sexual Assault Response Team (SART) to help provide victims of sexual assault
with better services and response time in Calaveras County. I am on the Prevent Child Abuse Council to
help educate the public about the signs and prevention of child abuse. I am on
the Drug Court Team which provides intensive out-patient treatment to
individuals with severe drug and alcohol abuse issues. I am also on the team that is currently
trying to establish a Veterans Court in Calaveras County and am responsible for
writing the Treatment Team and Court guidelines for that program.
I also provide a supervisory role to other attorneys in
my office. I routinely review search
warrants for law enforcement for legal sufficiency. I answer questions for law enforcement
personnel on any legal topic related to the performance of their duties. I educate law enforcement personnel on
changes in the law as it relates to their duties. I research legal issues and provide opinions
about such research.
How would you define the caseload make-up (civil, family,
etc) of your desired department? And what expertise do you currently have to
handle those types of cases?
I am running for Superior Court Judge in Department
One. Department One handles all criminal
cases for adults and juveniles and dependency cases, where children are removed
from their parents.
My expertise for this particular courtroom and its
caseload make-up are described in the answers to the previous two
questions. In addition, I have appeared
on hundreds of dependency cases as both a public defender and as a
prosecutor.
My criminal law expertise is particularly suited to
this Department. In Calaveras County, 60
to 65% of all cases heard in the two courtrooms on a daily and weekly basis are
criminal cases. Calaveras County has so
much crime that one department on its own cannot handle all of the criminal
caseload. Calaveras County needs and
should want their next Superior Court Judge for Department One to have the
extent of criminal law knowledge, experience and skill set that I currently
have.
If you could list one thing in life you are proud you accomplished
with regards to your career, what would that be? And why?
I have had many proud accomplishments over the course
of my career and to pick one is somewhat difficult. The individual cases I work on are all
equally important to me and typically involve very violent crimes that leave
victims physically and emotionally wounded.
When I look at my body of work as a whole, my proudest accomplishment is
the reputation I have developed as a prosecutor, legal professional, colleague
and friend. Over the course of my
career, I have established professional relationships with law enforcement
personnel, legal professionals, prosecutors and defense attorneys alike, probations
officers, mental health professionals, substance abuse professionals, judges
and court staff, to name but a few. I
cherish my reputation among these individuals as being a person of my
word. I have always believed your word
and conduct speak volumes about an individual’s character. I am trustworthy and honest. I have never misrepresented facts and take
into account both sides of an argument before coming to a decision. My reputation for being fair, objective and
open-minded says a lot about my character as well. I am proud of the fact that I am endorsed by
law enforcement personnel, prosecutors, defense attorneys, probation officers,
and mental health and substance abuse professionals. These individuals, who routinely appear on
opposite sides of an issue in court, think I would be the best choice for
superior court judge in department one.
I am also particularly proud that Judge Doug Mewhinney also thinks I am
excellent prosecutor and would make a good judge.
What have you done in the past year, 2014, to further your
education?
I constantly educate myself on legal issues. I have an ethical duty to stay abreast of
changes in the law. There are various
legal periodicals I read regularly. I also receive emails alerts on a regular
basis containing newly decided cases by appellate courts. I belong to various list serves that discuss
unusual and novel issues in the law as they arise and ways to handle those
issues. Typically I attend two to three
legal education seminars each year.
However, in 2014 I was unable to attend any seminars as I was involved
with several high profile cases that required my attention. I successfully prosecuted the rape of a six
year old child to a jury that found the defendant guilty. That individual received a sentence of 27
years to life for his crime. I also
successfully prosecuted a three strikes case involving domestic violence and
stalking to a jury that the found the defendant guilty. That individual received a sentence of 44
years and 8 months to life for his crimes.
What is your greatest strength?
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 is your greatest weakness?
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.
At this point you may submit a 300 word or less statement
covering topics not covered in the before mentioned questions.
On November 4th, 2014, the voters of
Calaveras County will select both Superior Court Judges. This is an historic election that has not
happened in over eighteen years. Voters
need to be informed about their candidates’ background and experience. To help voters with that task, I have
challenged my opponent to a debate; a debate that would allow the candidates to
ask questions of each other. My opponent
has refused this challenge. So, as a
voter, you are left to doing your own investigation as to who the proper
individuals will be to fill these very important roles. I urge you to scrutinize the experience of
myself and my opponent with a fine tooth comb.
I am proud of my criminal law experience and will answer any questions
put to me about it. My opponent is
silent on his criminal law experience other than to say he has researched
it. Department One is where criminal
jury trials occur. It is where the most
violent crimes in our society are decided.
That very important role needs to be filled by an individual who has the
experience and knowledge to decide such significant cases. I am that individual. My entire career has been in the
courtroom. I would be honored to be
elected the first female judge in the history of Calaveras County. For more information please visit my website
at www.danapfeil4judge.com. On November 4th I urge you to vote
for Dana Pfeil as Superior Court Judge in Department One.
