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Caroline Turner

This document contains a questionnaire for a judicial candidate named Caroline M. Turner ESQ. It begins with contact information for Ms. Turner and her campaign manager. It then lists organizations that support judicial accountability and reforming the criminal justice system. The body of the document contains 10 questions on topics like priorities as a judge, implicit bias, police misconduct, cash bail reform, probation and incarceration. Ms. Turner provides responses of around 250 words to each question, focusing on restorative justice, community resources, and alternatives to incarceration.

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Nikki Grant
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0% found this document useful (0 votes)
3K views17 pages

Caroline Turner

This document contains a questionnaire for a judicial candidate named Caroline M. Turner ESQ. It begins with contact information for Ms. Turner and her campaign manager. It then lists organizations that support judicial accountability and reforming the criminal justice system. The body of the document contains 10 questions on topics like priorities as a judge, implicit bias, police misconduct, cash bail reform, probation and incarceration. Ms. Turner provides responses of around 250 words to each question, focusing on restorative justice, community resources, and alternatives to incarceration.

Uploaded by

Nikki Grant
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Prepared By: Caroline M Turner Phone/Email:

Campaign Manager: David Metelus Phone/Email:

Candidate Name: Caroline M. Turner ESQ.

Campaign Address:

Campaign Email: Campaign Website: ​https://www.turner4judge.com

I, Caroline Turner, certify that the information provided on this questionnaire is accurate and the
opinions stated here accurately reflect my own positions.

/s/ Caroline M Turner

Please complete, sign and return this via email in Word Doc format​ ​on or before February 13,
2021.

The Judicial Accountability Table (JAT) is a coalition comprised of Philadelphia community


organizations working to bring more fairness to our courts. The JAT’s platform is available at
https://judgeaccountabilitytable.org/platform/​. We’ve written this questionnaire to be
values-driven and focused on the issues most relevant to the people of Philadelphia, and we’ve
made our questions compliant with the Code of the Commonwealth of Pennsylvania.​1​ ​We ask
that you use no more than 250 words to respond to each question.
Thank you for taking the time to complete our questionnaire, and we look forward to your
response. ​The members and supporters of the JAT include:
1
Specifically the following section of 207 ​Pa. Code § 4.1, Political and Campaign Activities of Magisterial District Judges and
Judicial Candidates in General:
The making of a pledge, promise, or commitment is not dependent upon, or limited to, the use of any specific words or phrases;
instead, the totality of the statement must be examined to determine whether the candidate for judicial office has specifically
undertaken to reach a particular result. Pledges, promises, or commitments must be contrasted with statements or
announcements of personal views on legal, political, or other issues, which are not prohibited. When making such statements, a
magisterial district judge should acknowledge the overarching judicial obligation to apply and uphold the law, without regard to
his or her personal views.

As well as the following section of ​207 ​Pa. Code § 4.2, Political and Campaign Activities of Judicial Candidates in Public
Elections:

A judge who is a candidate for elective judicial office shall not make any statement that would reasonably be expected to affect
the outcome or impair the fairness of a matter pending or impending in any court.
Reclaim Philadelphia ICE out of Courts
LILAC DecarceratePA
215 People's Alliance Free the Ballot
Philadelphia Bail Fund One PA
Philadelphia Community Bail Fund Philadelphia Neighborhood Networks
Youth Art and Self-Empowerment Project Abolitionist Law Center
Amistad Law Project Democratic First Ward
Coalition to Abolish Death By Incarceration #No215Jail Coalition
(CADBI)

QUESTIONS

1. What are your top three priorities if you are elected judge?

A: Ending cash bail, bringing greater transparency to the courtroom, and focusing on

restorative justice that ensures the courts are helping to heal the community while

balancing justice with love and compassion.

2. Do you feel that implicit bias plays a role in our courts? If so, how do you think it should

be addressed?

A: I believe implicit bias plays a role in all facets of our society and unfortunately the

courtroom is not spared that injustice. I believe it can be addressed by treating every

human being that enters my courtroom with fairness and compassion first. I will listen and

I will endeavor to match the needs of the individual with the resources in community to

bring about restorative, rather than punitive outcomes, wherever possible. Hopefully my

example and the inevitable success rate of those who appear in front of me will inspire

other judges to do the same.

3. What if anything would you do as a judge to assure that neither your courtroom staff nor
litigants are faced with racist or sexist behavior?

A: I would institute a zero tolerance policy and have anyone who engaged in such

reprehensible behavior removed and banned from my courtroom.

4. Do you believe police misconduct is a problem in our criminal justice system? How so?

What role, if any, do the courts have in addressing this issue?

A: Yes, we’ve seen examples of police misconduct time and time again throughout our

society with regards to the criminal justice system. I am fully aware that black and brown

neighborhoods are over-policed and over-targeted with the result that many more people of

color end up in the court system. Knowing that, I will discourage such practices by

dismissing charges that are stacked; I will order evidence to be produced by police and

DAs in time for meaningful cross-examinations at preliminary hearings; I will hold the

DA’s list of dirty cops and, upon defense attorneys requests, I will dismiss cases in which

such cops are material witnesses; I will reconsider bails for any defense attorney who files a

motion; and I will find police officers who lie to me in contempt of court.

5. In the wake of the murders of George Floyd, Breonna Taylor, and other unarmed Black

people by police, Philadelphia protesters have criticized the outsized PPD budget while

communities face massive divestment of resources. A 2019 study from PICA suggested that the

city could save over $7 million by making changes to reduce police court overtime. What role, if

any, do the courts have in addressing this issue?

A: In January 2020, a judge (Anthony Kyriakakis) initiated trial readiness conferences

for bench trials to help combat this problem. Other bench trial judges adopted this
practice. At a trial readiness conference held 3-7 days prior to trial, the judge asks both

the defense and ADA whether police officers have been subpoenaed (to avoid late

subpoenas which rack up overtime payments), whether they are definitely calling all the

police officers (if not, they need to quosh any superfluous subpoenas), and whether both

Defense counsel and ADAs are ready to try the case. If either side is not ready or witnesses

cannot be produced then subpoenas can be quashed in a timely fashion.

In addition to the above, I could schedule Time Certain time slots for preliminary

hearings to avoid police officers waiting for long hours in the courthouse. I could also ask

police officers to check in when they arrive at the courtroom.

I could ensure and support ADA, PD and defense attorney accountability and

training by asking which officers were subpoenaed for today? How many did you use?

Who did not show up but was being paid to be there?

6. Do you think our criminal justice system works? Why, or why not? If you think there is

something wrong with how it operates, name three ways you would work to change it as a judge.

A: I believe that our criminal justice system is historically deeply flawed and that is

evidenced by the fact that black and brown people are incarcerated at a rate that far

exceeds that of white people. A fair system would reflect our society and at present it does

not.

● As judge, I will promise to do my part towards ending cash bail, which unfairly

targets low income people;

● I will throw out cases that I deem to be excessively charged without supporting

evidence;
● I will place a cap on probation of 3 years, which will allow people to return to

society more quickly. The system needs to be drastically corrected and I vow to do

whatever it takes to see that fairness is brought to the courtroom.

7. One in three Philadelphians has a criminal record. In your opinion, how can judges

support successful community re-entry?

A: Judges can help communities learn about resources for helping people get their

records expunged. They can reach out to community leaders who are helping foster

community reentry.

My plan to cap terms of probation can also help defendants to be free of

Commonwealth surveillance and to be able to get on with their lives. Ending cash bail in

my court will also allow for release and continuity of employment, housing, family life etc.

and lessen the likelihood of conviction.

8. Have you or anyone close to you ever been incarcerated? If yes, please share how it

impacted that person or you, and how it would affect your work as a judge. If no, how do you

take into consideration the impact of the decision to incarcerate someone without having

personal experience.

A: Yes someone close to me was incarcerated. He never fully recovered from the

trauma of incarceration. He suffered so many indignities at the hands of fellow inmates and

corrections officers. He lost his sense of dignity and self-respect. He felt hopeless as there

was nothing he could do to make things right while incarcerated.

That experience would impact my work as a judge in that I would find restorative
alternatives to incarceration in as many cases as possible.

9. Individuals held on probation detainers account for over 50% of the city’s jail population,

and individuals are often held without signed judicial warrants. What do you think of this?

A: As stated above, placing a limit on the amount of time individuals are ordered to

serve probation would go a long way to reducing the city’s jail population, in addition to

helping them successfully reenter society.

A large amount of violations of probation are for technical violations of probation.

This is unacceptable. When sentencing someone to probation there needs to be community

support such that they are set up to succeed and not set up to fail.

10. Philadelphia is at the center of the opioid crisis. In order to prevent more deaths,

advocates have worked on harm reduction initiatives including needle exchange programs,

Narcan distribution, and overdose prevention sites. What can judges do to help expand and

protect programs to combat the opioid crisis and continue to reduce harm?

A: I​ can use my community contacts to refer people who appear before me who are

suffering from opioid addiction.

From a sentencing standpoint, instead of prison, I can sentence defendants to drug

rehabilitation in the community.

I can support and encourage training in Emergency Narcan administration by

promoting training at centers in community so that there are more people with skills in

administering Narcan.
10 con’t. How do you feel about the Court of Appeals for the Third Circuit overturning the

lower court’s decision that made safe injection sites in Philadelphia legal?

A: This is a complex and multi-faceted issue. Whilst the principle of safe injection sites

is noble and worthy, there are other factors that need to be considered. Safe injection sites

would be set up in poor neighborhoods that are already over-policed and where drugs are

already a problem.

People would travel from the suburbs into the areas where safe-injection sites are

set up.

Would police officers witnessing a drug transaction near the site ignore the buyer

and arrest the seller?

Black and brown communities would be justified in feeling that a different

approach is being taken to the opioid crisis now that it is affecting white populations so

badly than the approach taken during the crack epidemic in the 1980s.

11. According to a 2019 report from the National Coalition for Child Protection Reform

(NCCPR), Philadelphia now leads the country in removing children and placing them in foster

care. What do you see as the long term effects of this? What can judges do about this?

A: As a parent, this breaks my heart. I have suffered through extended periods of

having my family separated as a result of my immigration status while working to obtain

citizenship. As judge I will make every effort to keep families together. I know first-hand

that the long-term effects of family separation are devastating.

Often parents are not able to provide necessary resources for their children because

of factors such as poverty, unemployment, lack of safe areas for children to play, lack of
good education and community resources for after school, jail and prison sentences instead

of community support, food desserts, poor housing and unsafe neighborhoods. As a judge I

would address the needs of the family by enlisting community support, mentoring

programs, job-training and parenting resources etc. rather than separating families,

wherever possible.

12. How would you factor in a parent's drug history or criminal record in dealing with a

custody matter?

A: I would make the judgment on a case by case basis, and of course would consider

the totality of the circumstances, in determining the best interests analysis for the child.

13. Have you experienced or known someone who was subject to domestic violence? What

do you think the court's role should be in intervening in such situations?

A: I have experienced domestic violence. Again, I would have to examine the facts and

allegations on a case by case basis.

I would attempt to make sure that preliminary hearings go forward at the first

listing so that endless continuances do not deter victims from appearing and to make

findings of fact at the earliest opportunity.

14. Noncitizens may face mandatory deportation if convicted of certain offenses. Do you

think it is appropriate for prosecutors, judges, and criminal defense attorneys to work together to

resolve cases in ways that avoid disproportionate immigration consequences? Would you accept

immigration-neutral plea agreements and/or sentence defendants to allow them to avoid

deportation?

A: I think it is entirely appropriate for prosecutors, judges and criminal defense


attorneys to work together to resolve cases in ways that avoid disproportionate

immigration consequences. As it stands, a judge is required to ask defendants in plea

colloquies whether they understand the potential ramifications to their immigration status

upon pleading guilty, and it is incumbent on judges to inform defendants that there would

be a strong likelihood that they will be deported upon pleading guilty to an aggravated

felony or a crime of moral turpitude. Yes, I would accept immigration-neutral plea

agreements and/or sentence defendants to allow them to avoid deportation.

15. Do you personally know anyone who is undocumented? If yes, how would this

experience shape your work as a judge? If no, how can you make decisions affecting

undocumented community members without this personal experience?

A: I have personally known many people who are undocumented immigrants. I am an

immigrant myself and I know how difficult and expensive it is to achieve legal immigration.

I also understand that immigration officials have virtually unfettered discretion to deny

visa and immigration applications done through legal channels.

I would not allow ICE officials to use my courtroom to make arrests (thereby

denying defendants their due process rights), and I would hope that other judges, lawyers

and court personnel would do the same.

16. 86% of women who enter the Philadelphia courts have experienced some form of trauma,

and this is especially true for Black women. How would such trauma inform your

decision-making as a judge? Would you consider alternatives to incarceration for people who

have experienced trauma, and if so, what types of alternatives? What practices have you seen
used that you appreciate?

A: Prison can only increase trauma for victims of trauma. Women face unique

challenges when entering our prisons and jails and women make up the fastest-growing

population in our jails and prisons. They face a unique stigma as mothers and reentry is

particularly challenging after separation from their children. Judges can help women

remain in their communities by providing pre-trial community resources in accordance

with their needs rather than jail and, where possible, by sentencing them to restorative,

community-building services rather than prison. An example of what happens when

traumatized women are given the opportunity to prosper in their communities is embodied

in LaTonya Myers. La Tonya returned from prison and discovered a world that was

hostile to her because of her prior conviction. She received help from a peer-mentorship

organization that she ended up working for and then went on to found “Above All Odds”

which, amongst its other community building work, hosts the “Probation Awards”

ceremony. The Probation Awards Ceremony not only honors those who are navigating

long probationary terms but it highlights the plight of people on probation who constantly

feel the threat of incarceration.

17. Current PA state law allows children under 18 to be prosecuted as adults in some cases,

despite growing efforts locally and nationally to remove children from the adult system. Do you

believe that children should ever be treated legally as adults? Please explain. What, in your

view, are the long-term impacts of incarcerating children in adult jails and prisons?

A: In principle I do not believe that children should be treated legally as adults.

According to scientific research, as well as common experience, we know:


a) Adolescent brains are still developing,

b) Adolescent brains lack sufficient impulse control while simultaneously experiencing

heightened emotional responses;

c) Adolescents are more likely to take risks and less likely to think about

consequences;

d) Adolescents suffering from trauma may suffer hindrance to their brain

development;

e) Negative Adolescent behavior is heavily influenced by their peers.

f) Adolescent brains are more malleable i.e. more responsive to treatment.

In Pennsylvania, judges have discretion over whether to certify juvenile waivers. I

believe children and adolescents are different than adults and that they should be treated

differently in our justice system.

Some of the long-term consequences of incarcerating children in adult jails and

prisons are well-known - they are put at high risk of sexual and physical violence, subjected

to ongoing trauma and are at higher risk for suicide. Adult jails subject children to much

higher risks of suffering mental health crises with the “treatment” often being solitary

confinement. A disproportionate number of Black and Latinx children are prosecuted as

adults.

I am fundamentally opposed to the prosecution and punishment of children as

adults.

18. According to EvictionLab.org, in 2016 Philadelphia led the country in eviction rates at
3.84%, 1.14% higher than the national average. Today, as a result of the COVID-19 pandemic,

unemployment is at a record high and an even greater eviction and foreclosure avalanche is

looming. ​Adding to the problem, there is a sharp disparity in representation between landlords

(who are usually represented) and tenants (who are usually unrepresented) in eviction disputes.

What would you do as a judge to stop the eviction and foreclosure crisis?​ ​How can judges

support the implementation of the Right to Counsel legislation to ensure fair representation?

A: I am currently a volunteer mediator for the Good Shepherd Mediation Program

participating in the Eviction Diversion Program passed by City Council. At the mediation

a Housing Counsellor represents the tenant.

As a judge, I would make sure that a person facing eviction has had the opportunity

to be represented by council as per the mandatory Eviction Diversion Program in place

right now. Even after Covid has passed, I would insist that a mediation occurs prior to the

scheduled court hearing in which a tenant has the opportunity to be represented by a

Housing Counsellor. The mediation program is achieving great success because it

provides a safe environment where both landlords and tenants are heard, and it allows for

creative solutions that are acceptable to both parties. It therefore becomes a win-win

situation where both parties come out of it with solutions. It avoids all the inevitable

expense of going to court and stops the clogging of the court system. I will continue to refer

tenants and landlords to the Mediation services using their personnel and resources.

19. Have you or someone close to you ever been evicted or foreclosed on? If yes, please

explain and describe how this experience would affect your work as a judge. If no, how would

you make decisions that impact the community without this personal experience?
A: I have not personally been evicted but I know many people who have. They not only

have a protracted tarnish to their credit, which further exacerbates their financial

difficulties, but they are forced to suffer the indignity and shame of being uprooted and

homeless. I would refer people in my courtroom to services such as Rapid Re-Housing

Philadelphia and Housing First which make sure that lengthy screening processes are

avoided and provide extensive counselling and assistance for those suffering the pain of

homelessness.

20. Regardless of whether the landlord or tenant ‘wins’ an eviction case or if the case is

ultimately dismissed, an eviction ​filing b​ y a landlord leads to a permanent public record that any

future landlord can view online. There are close to 24,000 eviction filings a year and tenants

often have issues renting because of the record. What is the court’s role, if any, in addressing

this obstacle for tenants?

A: The best way that a judge can prevent a filing for eviction from appearing on a

tenant’s record is to dismiss the case where the tenant can prove that the filing was

sufficiently without basis in fact or law or where the tenant has defenses such as:

retaliation, constructive eviction, the doctrine of latches, lack of Certificate of Occupancy

or Multiple Dwelling Registration, lack of demand for rent, refusal to accept rent by

landlord, wrongly calculated debt by landlord, landlord owes tenant rent because of

repairs he/she should have paid for, breach of implied warranty of habitability, sudden

large rent increases by the landlord, etc.

If a past eviction was not dismissed and the tenant can prove that the eviction was

unjust, judges can expunge the eviction record where she finds sufficient evidence to do so.
21. Are you a landlord? If yes, how many rental properties do you own?

A: No. I am a tenant.

22. The majority of consumer debt collection cases are filed by corporate debt buyers against

unrepresented defendants and result in default judgments. What is the role of the judiciary in

ensuring due process for unrepresented defendants in these civil matters?

A: The judiciary can:

a. ​Ensure that there has been sufficient notice provided; be that sufficient service,

sufficient clarity, or use of a language foreign to the consumer;

b. Check that there has not been sewer service i.e. service that the debt collector

knows to be deficient, e.g. knowing that the consumer has moved, repeatedly serving

persons who sign for it at that address;

c. Require sufficient proof of the alleged debt;

d. Stay default judgments upon challenge where insufficient notice or insufficient

proofs exist;

e. Structured judgements so that consumers have the reasonable ability to repay over

time; and

f. Waive court costs and fees in cases of financial hardship.

23. In a 2015 analysis, ProPublica found that the rate of judgments stemming from consumer

debt cases was twice as high in mostly Black neighborhoods as it was in mostly white ones.

What role should the judiciary play in addressing these racial disparities?
A: It is well-known that racist collection practices as well as racist mortgage practices

have permeated Black communities. Black neighborhoods suffered the brunt of the

sub-prime mortgage crisis. This is not just because of current wage inequities between

black communities and white communities in this country, but it is also because

generational discrimination against black communities has left black communities with

fewer resources to fall back on so it is harder for black communities to extricate themselves

from debt once it is accrued. Ownership and entrepreneurship by black business owners

has been historically systematically suppressed and that legacy still remains as evidenced

by our debt collection, loan and mortgage practices.

Being cognizant of the above, I will make every effort to prevent default judgments

and the criminalization of debt (for such matters as unpaid traffic tickets) upon

non-appearance in court. Instead of issuing arrest warrants, I would make sure that local

organizations in the community follow up with debtors who might not even have gotten

notice of the court date and who can help them navigate the court process.

● I can restrict the practice of debt collectors using the district attorney’s office as a

weapon to intimidate debtors by threatening criminal action, where there is no prior

agreement with the DA’s office to do so. I can hold in contempt any debt collector

threatening criminal action where prior assent of the DA’s office has not been

obtained and where a conflict of interest is found.

● I can demand proof from Plaintiff litigant attorneys that Plaintiff litigants are in

compliance with the protections of the Dodd Frank Act and Fair Debt Collection

Practices Act in their attempts to collect debt.


24. What role should judges play in making courts more transparent and accessible to

members of the community? What will you commit to do if elected judge?

A: Judges can play a huge role in making courtrooms more transparent and one of the

main principles of my campaign is ensuring that I will do just that. I welcome the scrutiny

of the community and I want to be held accountable for my decisions. I will install live feed

and keep a detailed spreadsheet of every decision I make. I wish to be as transparent as

possible.

Furthermore, I will conduct monthly open meetings in and with communities called

“Approach the Bench” where I will listen to communities, hear their needs and ideas, and

connect and touch base with all my community resources and contacts. Obviously, this

would not be a forum for the discussion of individual legal cases but it will be an

opportunity to make myself available as a member of the community myself to discover

what ongoing needs are being met and what needs are not being met.

25. What avenues will the Philadelphia community have to hold you accountable to the

values that you express during your campaign, if you are elected?

A: In addition to providing more transparency in my courtroom, and organizing

monthly “Approach the Bench” meetings, I invite any and all Philadelphians, lawyers,

prosecutors and probation/parole officers to reach out to me or my staff directly where

difficulties arise in implementing services and resources that I have ordered. To avoid

ex-parte discussions, I would be available for multiple- way conversations or zoom calls so

that collectively we can fashion constructive solutions that avoid unnecessary violations of

probation, parole or pre-trial community services ordered as an alternative to jail.

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