Two challenge incumbent for Iron County DA post
Tuesday, September 02, 2008
Candidates for Iron County District Attorney were asked to respond to questions provided by the Daily Globe.
Each candidate was asked: Why are you the best candidate for Iron County District Attorney?
The remaining questions related specifically to the different backgrounds and experience of each candidate.
Martin Lipske of Kimball is the incumbent and has held the office for 12 years; Sam Fillippo, Saxon, has a military background and has served as Iron County Court Commissioner; Jodie Bednar-Clemens of Mercer is former county corporation counsel.
They are all running as Democrats in the Tuesday, Sept. 9, primary election.
There is no Republican candidate.
Martin Lipske
1. Why are you the best candidate for Iron County District Attorney?
It has been my privilege to serve you as Iron County District Attorney for approximately 12 years.
I have over 25 years of experience and considerable jury trial experience.
Most importantly, over that time I have been involved in solving thousands of problems and issues that can be very difficult and emotional.
In the last 12 years, with the assistance of law enforcement and the cooperation of many of you as witnesses, we have investigated and convicted individuals on three homicides and an attempted homicide.
My office has worked with social workers, DOVE advocates, and drug officers to get arrests and convictions.
It is the responsibility of a prosecutor not to just get convictions, but to do "justice."
I was born and raised in Iron County and during the last 12 years, I've met even more people from the county. I feel that this has given me the opportunity to be "fair and reasonable" with first time and youthful offenders. In a small county, it allows me to "know" which people have failed to take advantage of this consideration and which people have benefited and made better choices with their lives.
2. In 11 years as District Attorney, the vast majority of cases have been resolved through plea bargaining. Is that in the best interest of Iron County and all parties concerned?
It is the ultimate responsibility of a prosecutor to do "justice," not just get convictions. There are many considerations involved in each case. Some examples are:
--Financial: Jury trials are expensive for the taxpayers and time consuming for victims, witnesses, law enforcement and jurors.
--Effects on victims and witnesses can be substantial, restitution, remorse, severity of the injury and future effects.
--Defendants: Some considerations are age, capacity, criminal record, assaultive or non-aggressive offenses, remorse, personal issues and effects of a felony conviction or criminal record for the rest of his or her life.
Here is an example of a burglary in which guns were stolen.
Defendant 1, age 18, admits burglary, helps return stolen items.
Defendant 2, age 18, not cooperative, alleged ringleader, saws off one of the shotguns.
Defendant 3, age 18, special needs student, a follower, and cooperative.
Should some or all be convicted of felony burglary, sent to prison, jail and/or probation? Should the charge be amended to misdemeanors for some or all because of age, capacity, or cooperation?
What if one of the above is your son, grandson, or the child of a family member or close friend?
In some cases, like the brutal murder of an elderly man in Mercer by a defendant who had a lengthy prison record, there will be no plea bargains.
3. If re-elected, do you plan to be more aggressive in prosecuting cases?
For those who have received consideration in the past for whatever reasons, and a new violation occurs, I will be more aggressive.
I will continue to be aggressive on cases involving children, the elderly and the vulnerable.
I have witnessed a lot of tragedies and sadness involved with drunk driving, sexual assaults and assaultive behavior. I pledge to continue aggressively pursuing those matters.
New cases are beginning to occur with computer theft, computer sex crimes and identity theft. We will look for additional training and information to pursue these matters.
If I'm elected for four more years, my knowledge and contact with people will increase and I will be able to be more aggressive, if necessary.
I pledge to continue to try and do "justice" to the best of my ability.
4. At times, law enforcement officers feel the need to discuss upcoming cases with the prosecuting attorney. If re-elected, will you make yourself accessible to these officers?
After receiving this question, I have had discussion with several officers that I usually have daily contact with and they indicate it is not an issue.
I usually review reports made to the sheriff's department and the police department and check with updates on cases.
Our office assists officers with warrants, subpoenas and, if possible and necessary, quick response to warrant requests or charges. Fortunately, both departments are small and contact is ongoing.
We generally have a short turn-around time if reports and investigations are complete.
I believe at one time or another, I have been awakened late at night or early in the morning by all of the officers. I have come in late at night, early in the morning, or on weekends to assist in investigations, warrants, and give other advice.
Sam Filippo
1. Why are you the best candidate for Iron County District Attorney?
Integrity: A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others --Preamble to Wisconsin Supreme Court Rule 20. This applies especially to prosecutors, as well as to all lawyers.
I now, and always have been, a strict adherent to legal ethics. A District Attorney, or candidate should never have been subjected to a professional conduct inquiry or Supreme Court disciplinary action. I am the only candidate who has not.
Legal experience: Twenty-nine years of prosecutorial and criminal defense work, as well as civil practice in divorce, personal injury, civil rights and other cases, work as an arbitrator and mediator, and judicial duties as the Iron County Circuit Court Commissioner provide the greatest legal background among the three candidates.
Criminal law and trial expertise: More than 80 jury trials as a prosecutor and defender. Continual and up-to-date skill sharpening through professional education in trial advocacy, developments in search and seizure law, eyewitness identification, crime investigation, and evidence gathering and processing.
Military experience: The only candidate with any, including a 30-year second career as a colonel, United States Army Reserve (retired). Stress tested through four years of active duty to include two and one-half combat tours in Vietnam. Ten years of command of Army Reserve troop units required the expertise of leadership, self-discipline, hard work and responsibility.
2. Are you satisfied with the manner in which cases are currently prosecuted? If not, what needs to change?
No. If I were satisfied, I would not run for the office.
During my tenure, prosecutions will be fact-driven only. There will be no pre-judgment or vindictiveness based on personal animosity or bias. There will be no overcharging of felonies or multiple lesser included charges for the same offense for the political purposes of being "tough on crime" or to try to look good by playing "the numbers game."
The less than 20 percent conviction rate of felonies charged by the current District Attorney since 1996 (according to circuit court automated program statistics) will rise dramatically. A prosecutor should have a near 100 percent conviction rate since he or she alone, among the participants in the criminal system (to include the police, the defense bar, and the judiciary), has the discretion to choose what cases to present to the court.
He or she should analyze every case with an eye toward what he can prove beyond a reasonable doubt should a trial become necessary, a process that presupposes the prosecutor's legal and trial expertise and the exercise of sound judgment. While there are some cases that must be tried, unnecessary trials, or trials that the prosecution loses, are a waste of the taxpayers' money.
3. Is plea bargaining in the best interest of Iron County?
No, when cases are overcharged or multiply charged for the purpose of scaring the accused into a plea to a more serious offense than the one that is provable. Savvy defense attorneys know just as well what charges are justified and will take those cases to trial.
It's the Iron County taxpayer who bears that financial burden.
Such plea bargaining also undermines the people's faith in the criminal justice system as just another political process subject to personal influence, rather than the impartial fact and law-driven process it is intended to be.
Yes, when the prosecution offers a penalty to the provable offense that is reasonable to the defendant, the public, and the victim, if any.
All charged cases could not be taken to trial unless the public were willing to foot the bill for more prosecutors, judges, courtrooms, clerks, court reporters and bailiffs. The cost of trying every case charged would be prohibitive.
Reasonable penalty plea bargaining provides the defendant with an incentive to forego a trial in return for an agreed upon sentence and not to have to "go for broke" by taking his chances with a jury and the judge rather than accept an unreasonably harsh offer from the prosecution.
Jodie Bednar-Clemens
1. Why are you the best candidate for Iron County District Attorney?
I am the best candidate because no one will work harder for the people of Iron County. I have the necessary experience and qualifications. I will provide competent and professional prosecution to protect the public safety and the rights of victims. I will strive to protect our children and put child molesters behind bars.
I will aggressively prosecute drug-related crimes and help stem the free flow of illegal drugs within our county.
I will provide for speedy trials to get criminals off the streets quickly; better communication with law enforcement; better advocacy for crime victims and strenuous prosecution of repeat offenders.
I pledge that I will treat everyone fairly. There has been disparity in the treatment of accused persons, frequently based upon who they are, where in the county they're from, and who they know.
During the six years I was District Attorney (1989-95), everyone was treated fairly, based on the facts of each individual case, without regard to who their friends or family or employers were, whether or not they could afford to hire a lawyer, or where in the county they lived. I will restore fairness, impartiality and justice to the office.
Editor's note: Bednar-Clemens declined to answer the other questions, which were:
2. You left your position as corporation counsel claiming stress. Do you think you can successfully carry out the duties of District Attorney since many of the duties are equally or more demanding than corporation counsel?
3. The Wisconsin Attorney General's office concluded that you used "questionable judgment" in some dealings as corporation counsel; you acted under conflicts of interest in certain matters, and were "certainly unprofessional" in a child custody case. Doesn't that reflect on your ability to handle the office of District Attorney?
4. You initiated a lawsuit against Iron County and filed a worker's compensation claim against the county. How do you reconcile those adversarial actions with your desire to represent the county as District Attorney?
In her written response, Bednar-Clemens said she declined to answer those questions because "the questions were nothing less than personal attacks against me..." She concluded that those questions ... "are nothing more than offensive and pathetic attempts to malign me."
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