Q&A: Pa. Superior Court Candidate Christylee Peck
To get a better understanding of each candidate's background and judicial philosophy, The Legal has asked each to respond to a questionnaire touching on a variety of topics important to the legal community. The first installment comes from candidate Christylee Peck, a judge on the Cumberland County Court of Common Pleas.
October 07, 2019 at 04:51 PM
7 minute read
On Nov. 5, Pennsylvanians are set to decide which two candidates will join the ranks of the state Superior Court. To get a better understanding of each candidate's background and judicial philosophy, The Legal has asked each to respond to a questionnaire touching on a variety of topics important to the legal community.
Responses to the questionnaires are set to be published in the weeks leading up to the general election. The first installment comes from candidate Christylee Peck, a judge on the Cumberland County Court of Common Pleas.
The following has been lightly edited for style.
1. What makes a good judge?
Courage, honesty, patience, open-mindedness and determination. A good judge possesses an inquisitive mind, even temperament, and commitment to fairness and impartiality. Judges must always be willing to listen, learn, research and grow. They must be dispassionate, focusing on the facts and the law, while still recognizing that all who come to court do so with their own set of hardships, tribulations and strengths in life.
2. How would you describe your judicial philosophy?
I respect the law and apply it equally to all and as written. I treat all who come before me with respect and ensure due process to everyone, taking special care to explain the process to any litigant who is self-represented. I search for the truth of any matter.
3. What two decisions or cases are you most proud of, and why? Conversely, what two opinions or cases would you like to take back or revise, if you could, and why?
I am most proud of the work I do in every area of the law to protect the children of our community and strengthen parents and families. When I took the bench eight years ago, I volunteered to handle difficult cases involving the neglect and mistreatment of children. It is a heavy weight as a judge. It continues to be a most rewarding part of my job, however, as I sometimes see great joy and happiness rise out of sad circumstances. It gives me the opportunity to make decisions that help families come together, in whatever form that takes, to support the child.
The cases I might like to revisit are a few of the very difficult ones I did when I first took the bench. While I yet have faith in those decisions, I know that I now have much better perspective and scope as a judge on every case I handle because of my experience in making decisions.
4. How have your background, personal experiences and views shaped you as a lawyer or judge?
I am a central Pennsylvania native who holds honesty, integrity, hard work and a happy outlook on life as important values in any context. I have brought those values to all I do in life, from working my way through college and law school, striving to protect the safety of Pennsylvanians as a senior assistant district attorney, and serving as a Judge of the Court of Common Pleas in Cumberland County for nearly a decade. Professionally, I have learned a lesson from every person I have come in contact with, and every case in which I have been involved. My broad base of judicial and legal experience inform who I am today, and how I serve as a Judge.
5. How do you differentiate yourself from others seeking to be elevated to the appellate bench?
My broad-based judicial and prior legal experience provides me with an exceptional foundation to serve the commonwealth on the Superior Court. For the past eight years as a sitting judge, I have handled, on a daily basis, every area of law that the Superior Court reviews on appeal. I have more extensive judicial experience than any other candidate running for one of the two seats on the Superior Court, in length of service and in depth of multiple areas of law. I preside over civil, criminal, family, Orphans' Court, estate, dependency and appellate matters. I have handled over 100 appeals and thousands of cases in court in jury and non-jury settings. I served as a senior assistant district attorney in two counties as well as in private practice. Outside of court, I have more administration of justice experience than other candidates on a statewide and local level. I am a board member of the Supreme Court Committee on Judicial Independence, which seeks to better educate and develop good relationships with the public on the independence of the judiciary. I have been involved in statewide efforts to better legal representation for litigants. I have administrative experience in probation and parole, dependency court and on the prison board.
6. Does Pennsylvania need a separate court of criminal appeals to divide the massive workload of the Superior Court?
I serve on the Common Pleas Court. The current sitting Superior Court judges, whom I respect as my colleagues, are better equipped to make recommendations on the administration of that court. Certainly, criminal appeals are a large bulk of appeals. But, personally, I also enjoy the variety of issues and law that I see as a judge presiding over general jurisdiction matters now, which all go to the Superior Court on appeal.
7. What is the greatest threat to the practice of law or problem the profession faces?
A great threat to the practice of law and the future of our courts is growing distrust amongst the people of politics inappropriately entering into our most respected institutions. We must ensure integrity and impartiality in every aspect of the administration and deliverance of justice. Justice can stand only where all have an equal opportunity to be heard with a fair outcome.
8. How important is consensus—particularly unanimous consensus—in appellate court opinions and are there limits when a judge should only concur, or should they do it any time they feel like it?
Unified and strong majority decisions bring clarity of application of the law. Nevertheless judges must apply the law to the facts at hand with courage, doing so with impartiality.
9. How important is stare decisis and when should a court depart from it?
Judges must follow stare decisis. Binding precedent must be followed where the facts being considered are the same or very similar to the case law. New precedent may be appropriate only where the law has not been applied to similar facts.
10. Does the court need to become more open and accessible to the press and public?
All institutions created to serve the public must work to be as open and accessible as possible. That said, there are specific rules in Pennsylvania regarding same to protect confidentiality for certain parties. For example, some juvenile proceedings are not open to the public.
11. What does your party membership say about you and your legal outlook?
As a sitting judge, party affiliation plays no part in any court proceeding. I listen to all equally and apply the law to the facts of each case. I took an oath to support, obey and defend the Constitution and that is what I do every day in court.
12. What factors matter in deciding when recusal is necessary, and would you recuse yourself if a campaign contributor were involved in litigation as a party or attorney before you?
Rule 2.11 of the Code of Judicial Conduct prescribes the rules for recusal of judges. I have always taken my judicial ethics seriously and disclose to all litigants if there is anything that may even create an appearance of impropriety. Upholding fairness and impartiality is always the paramount consideration.
13. Who are your role models and mentors?
My mother is a role model to me. She has taught me strength, tenacity, ethics and respect for others. She worked at the Department of Education for almost her entire career as a supervisor of post-secondary teacher certification and services for disadvantaged children. Professionally, [Cumberland County] Judge Albert Masland, with whom I have the honor of serving on the bench, has taught me an undying faith and dedication to the law.
More from the Pennsylvania Superior Court Candidates:
Q+A: Amanda Green-Hawkins Q+A: Megan McCarthy King Q+A: Daniel McCaffery
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