Three district judge contests play out in primary

Among the races this primary is a trio of contests for candidates vying to be magisterial district justices.

Of the 32 in Delaware County, these officials set bail and hold preliminary hearings in criminal cases and also oversee traffic matters and weddings.

The terms are for six years and while it’s not a requirement to be an attorney, some are and a separate certification is obligatory.

On May 16, voters will pick Democratic and Republican candidates for Glenolden/Norwood District 32-2-42, Newtown Square/Radnor District 32-2-43 and Upper Providence/Rose Valley District 32-2-46. Magisterial district judges are paid $89,438 annually in Pennsylvania.

The position is unique on the ballot, in that candidates can cross-file to appear on both the Democratic and Republican tickets, as all six candidates in these three races have. In the event that a candidate obtains both nominations, then they essentially win the post. However, if one candidate wins the Democratic position and the other wins the Republican ballot, the two will face each other in the fall election.

Glenolden attorney and Interboro School Board member Michael Burns and Glenolden Police Chief Jay Kelly are seeking the position held by Magisterial District Judge Peter P. Tozer.

Burns, who is also a county arbitrator, expressed gratitude for the retiring judge.

“We’re going to miss him,” he said. “You have somebody who’s served the community really well … They’re big shoes to fill.”

As an attorney who has been in various proceedings in district courts, Burns explained it can be beneficial to have a judge with a law background.

One area where he sees direct impact is with clients who are addicted to opioids, something that could continue through the Second Chance program, where district judges add treatment as a condition of bail.

If allowed by the president judge, Burns said he would like to oversee a night court once a week to allow parents to attend juvenile matters outside of work and even for traffic tickets.

“Times are tight right now, especially in our community,” Burns said.

He explained why he loves the law, especially at this level.

“It governs everything that we do day in, day out,” Burns said. “It’s always evolving. I love change; change is a great thing.”

He also loves the members of his community.

“The people in Glenolden and Norwood are just honest, genuine people,” he said. “The people in this area are just good, hardworking, honest. They wear their heart on their sleeve.”

He said his experience and his skill set make him a perfect fit for this position.

“You’ve got to take it by a case by case situation,” Burns said. “I do this every day. I’m a lawyer. I understand the perspective of what a judge is going to have to do.”

Several attempts to reach Kelly were unsuccessful. Kelly became police chief in Glenolden three years ago, after joining the borough’s police force in 1991.

In the Newtown Square/ Radnor district, incumbent Lee Hunter vies for the spot against newcomer Christopher Bagnato.

Hunter has been a district judge for a dozen years and served as police officer and chief of police in Newtown for 30 years prior to that.

“For my last 12 years serving as a judge, I recognize the decisions made by the court affect more than just the people in the courtroom,” he said.

The judge said he supports diversionary programs that redirect youth from formal proceedings, when applicable, while still holding them accountable.

He said he was responsible for establishing the youth panel in Newtown that deals with cases such as underage drinking or criminal mischief.

“Once completed, I expunge the records so they don’t have to have that hanging over them the rest of their lives,” he said.

Hunter said he’s also a supporter of the Second Chance program that seeks treatment for drug addicts.

He explained why he is seeking re-election.

“I just feel that I’ve completely given my life to this township, Newtown Township, and Radnor Township,” Hunter said.

He also addressed the issue about not being an attorney.

“Only 40 percent of the (magisterial district) judges in Pennsylvania are attorneys,” he said. “Forty percent are attorneys and 60 percent are non-attorneys … I know the law and I make good judgments, common sense judgments.”

Christopher Bagnato grew up in Newtown, back to graduating from Marple Newtown High School.

He is an attorney in general practice with the Philadelphia-based Erik Jensen Firm.

“I have had an interest in being a judge for quite some time,” Bagnato explained. “I think it would be a good fit for me. It’s something I’ve wanted to do for a long time.”

He said he sees it as a way to “make a difference in a different way in the legal community.”

Bagnato said he’s represented thousands of clients in his career, which began in the Delaware County District Attorney’s Office.

“Sometimes,” he said, “I feel that judges don’t get it correct. I want to be a judge to make sure I get it correct.”

Bagnato said he would greatly concentrate on being fair and underscored that he is the only candidate in this district race to have a law degree.

Over in Upper Providence and Rose Valley, 18year incumbent Nicholas Lippincott faces Media attorney Andrew Goldberg.

Lippincott said the role is something that only gets better with time.

“The experience you gain doing it, your judgment improves with time,” he said.

This judge, who’s been endorsed by the FOP, Delaware County Lodge 27, has a unique role in that he was specially assigned by the president judge to hear countywide drug cases, which stem to other cases that lead to his and other courts.

“It cuts across all economic levels,” he said. “It’s just as difficult a problem in a nice community like Rose Valley and Upper Providence as other communities.”

He said he has a farm in rural Pennsylvania – and drugs are just as much of a problem there.

Here, Lippincott said he likes to work with families who are concerned about their loved ones and want to get them help.

“I see it as a very community-oriented position and I’ve always been involved in the community,” he said.

Like others, Lippincott said he supports the Second Chance program to get drug addicts help.

“We’ve realized that a lot of these opiate addiction cases are really more medical than they are criminal,” he said.

He said entry into the Second Chance program occurs at the bail level and he hopes it’s prosperous.

“It’s an interesting attempt at an idea,” Lippincott said. “These people keep coming back. What are we going to do with them? It’s a shame,

so many of them are dying. We’re hoping this works because we know what we have been doing has not been successful.”

Goldberg, who’s been practicing law since 1984 and is on Delaware County’s court-appointed list, explained why he is seeking the post.

“It’s a job I would love,” the criminal defense/personal injury lawyer said. “I would hope to bring increased enthusiasm to the court, … increased efficiency to the court.”

He said that’s no criticism of Judge Lippincott.

He said he’s seen, in other courts, times when he’s told to be there precisely

at 8:30 a.m. and the judge doesn’t appear until 10:30 a.m. or 11 a.m.

He also said he’d create an atmosphere where there are less continuances.

Goldberg said he drives past this district court’s office every day and for years, said he’d go for the seat once Lippincott was finished.

However, he said a request from the Democratic Party came for him to run and he said to himself, “Why not?”

“I’m fair, I’m extremely hard-working, I’m a family man,” he said. “I love Delaware County. I’m invested in this commun i t y.”