You are on page 1of 11

Prepared By​: Craig Levin Phone/Email​:

Campaign Manager:​ Rachel Levin Phone/Email:

Candidate Name​: Craig R. Levin

Campaign Address​:

Campaign Email​: Campaign Website:www.Craiglevinforjudge.com

I, ​Craig R. Levin​, certify that the information provided on this questionnaire is accurate and
the opinions stated here accurately reflect my own positions.
______________________________________________________________________________

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?

From my 33 years as a practicing civil trial lawyer in Philadelphia, I understand the power of the
courts and individual judges to impact not only the lives of the people who appear before the
courts, but also the families, friends and surrounding community. ​As a judge, I will treat and
honor the judicial office as a public trust, striving to preserve and enhance legitimacy and
confidence in the legal system. ​I firmly believe that the most vulnerable should have the same
access to justice as the most privileged. As an attorney, and in my volunteer work, I have fought
to secure justice for my clients and the wider community and firmly believe that everybody
deserves the chance to make the most of their lives, regardless of their circumstance.​ ​I know I
can make a difference and improve the process from within​. ​Having a judge like me, someone
who truly cares about people, looks at everyone as an individual and wants to understand the
circumstances that brought that individual before the court, is essential to truly achieving justice.

My top priorities would be to foster equity, improve access to justice, earn and strengthen the
public’s trust in the legal system and, if assigned to a criminal courtroom, implement alternatives
to incarceration, reduce excessive supervision and support re-entry programs. ​I would use
pre-trial intervention and diversionary programs that will benefit the individual and the
community, provide opportunities to avoid a criminal record and allow for treatment and social
services support.

Just as important as my experience as an attorney is my deep commitment to service and equity.


I have always served my community in one way or another. I have devoted thousands of hours to
pro bono matters, for my clients and as a volunteer attorney for the SeniorLAW Center,
volunteering my time and skills to help others achieve justice. I have assisted returning citizens
as a board member of the Community Forgiveness & Restoration Initiative re-entry program. I
served 17 years as a youth hockey coach and mentor, imparting lessons of teamwork, hard work,
collective responsibility, and fairness.

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

Implicit bias is real and has an impact on all facets of society. Although justice should be
administered fairly and impartially, we have to recognize the historic and continuing unequal
distribution of opportunity and resources including in access to education and employment. This
can be addressed in the courtroom first, by acknowledging the existence of bias, so that decisions
can be made that are truly in the best interest of society and the individual. I will address this
issue by making sure that I take the time to examine the circumstances and determine what
services or other avenues I can use to help rehabilitate and not unduly punish the individual
before me while making sure that justice is fairly served

I think it is important to use evidence-based information to help guide and inform decisions,
participate in bias training and maintain a constant awareness of the historic and structural biases
that have affected the justice system, especially in Philadelphia.

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?

Racist or sexist behavior in my courtroom will not be tolerated. With regard to staff, I will not
tolerate remarks, even if made in jest, even if made in private. I will, from the beginning, make it
clear that such behavior and attitudes will not happen in my courtroom. If I observe such conduct
directed towards a litigant, by any person, whether on staff or counsel appearing before me, it
will be addressed. I will avail myself of training, workshops, and meeting with groups that are
doing the work in our community to ensure that I have an informed awareness and understanding
of issues of equity and I will strive to make equitable decisions.

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?

The role of the courts is to provide justice and accountability for conduct that is in violation of
the law. Unfortunately, we have seen instances of misconduct in every profession. When police
or other members of law enforcement engage in improper actions, there is an outsized impact as
it destroys the public trust and undermines faith in the judicial system. Like the court itself, the
power of law enforcement to impact an individual’s life is significant. Where this power has
been misused, there must be consequences. This applies to everyone, regardless of position. To
address this issue, I will evaluate every matter that comes before me in a wholistic way and hold
accountable those who engage in misconduct.

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?

Courts have an obligation to operate efficiently. As we have seen during the Pandemic, we can
rely on technology much more than we have in the past to increase efficiencies. Going forward
in a post Pandemic world, we have to properly evaluate, keep and enhance the use of technology
in the courtroom and throughout the entire process. This has to be done in such a way that
protects the due process and privacy rights of the individuals, but will allow litigants, defendants,
law enforcement and counsel to manage cases more efficiently without having to wait around in
court all day. There are new and efficient ways to do things. If there is one good thing that has
come from this past Pandemic year, it is that the justice system has been forced to adapt to the
use of technology and modernize at a faster pace.

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.

The fundamentals of the structure of our legal system are strong. Problems arise in the
implementation with a lack of continuity and in the absence of assurances of equity. This is why
it is so important to elect judges like me, who truly understand this city and the inequities faced
by so many. ​As a judge, I will treat and honor the judicial office as a public trust, working to
preserve and enhance legitimacy and confidence in the legal system.

This will be accomplished in part, by conducting an orderly, respectful, and professional


courtroom that makes sure that cases proceed as quickly, orderly, and as efficiently as possible. I
will also do my best to adjudicate cases in a way that promotes rehabilitation where appropriate
and considers the totality of the circumstances so that successful outcomes can be achieved to the
greatest extent possible.

The foundation of my judicial philosophy would be to make sure that every litigant is treated
with respect and given a fair and impartial day in court.

Another way that I would work to improve the system is to increase cooperation with
community-based organizations, reduce excessive supervision, and support alternatives to
incarceration.

7. One in three Philadelphians has a criminal record. In your opinion, how can judges
support successful community re-entry?

My work with Community Forgiveness and Restoration Initiative has provided me with a great
understanding and insight into the value of re-entry programs and a coordinated response to
preparing returning citizens through educational opportunities, job training and mentorship.
Having a supportive community, both pre- and post-release is essential to a successful re-entry. I
have seen citizens who are returning to society flourish because of the support network we built
at Community Forgiveness and Restoration. Some of the citizens expressed how this was the
first time in their lives that they felt like someone believed in them - guidance and mentorship
changed their lives. As a judge, I would increase reliance on and cooperation with this and other
community-based organizations that have proven track records, use evidence based and trauma
informed approaches to train, educate, mentor and guide individuals both pre- and post-release.

In addition to supporting re-entry programs, I would also avoid excessive supervision and
probationary and parole practices that are designed to fail. Courts have to prepare for and allow
success by not imposing conditions that cannot be met. This can be accomplished in any number
of ways including waiving of costs and fees that would keep an individual under court
supervision that would otherwise be released.

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.

Yes, I have known people that have been incarcerated or sentenced to house arrest. I have
represented clients who have been incarcerated and I have worked with individuals returning
from incarceration as a volunteer and board member of the Community Forgiveness and
Restoration Initiative. I have been impacted by each and every one in different ways. I grew up
in Philadelphia, first in West Oak Lane and later in the Northeast. I worked my way through high
school and college, attending Penn State Ogontz for two years before I could afford to go to Penn
State, main campus, only to find that I could not afford to stay there, returning to finish my
education at Temple while working as a bartender at night. After graduating from Temple, I
worked construction and worked my way through law school. I have always worked hard and
been scrupulously ethical and honest throughout my life. There are people that I have known,
especially from my younger days, that despite intellect and opportunities for success, chose to
cheat and knowingly engage in questionable and criminal conduct. They should have and did
know better. Some of these individuals repeated their mistakes and were sentenced for the same
type of criminal conduct multiple times. In those cases, I believe that despite every opportunity
to succeed honestly, these individuals deserved to be incarcerated as a punishment for their
conduct. In contrast, I have seen individuals who do not have the advantages of community
support, adequate education, employment opportunities, become involved with the justice system
over a minor offense and struggle to move forward and give back to their communities. Every
individual that would appear before me will have their own circumstances. I will have no
problem treating everyone fairly, and impartially.

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?

Probation detainers should be subject to judicial review.

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? 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?

I will work with community-based organizations and supportive social services to ensure that I
am as fully informed and educated as possible about effective programs that are available and
make sure to partner with the relevant supportive services at an early stage and in the courtroom.
Rehabilitative alternatives must be central to harm reduction and any attempt to combat the
opioid crisis should be centered around a public health response. As a judge, my role is not to
create or weigh in on legislative policy, however, the Third Circuit’s interpretation of 21 U.S.C.
§ 856 as prohibiting safe injection sites as a violation of federal law, will now be appealed or can
be addressed by congress under the new administration. A judge’s role is to interpret and apply
the law. However, as a judge, where appropriate, I can and will support a public health response
to addiction and believe that as the body of evidence builds to show that both the individual and
the public benefits from such an approach, the laws will evolve.

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?
The long-term effects of such trauma on children are significant and lasting. Accordingly, the
decision to remove a child must be weighed against the harm that would result if the child were
not removed. All decisions in this regard should be what is in the best interests of the child.
Again, partnering with supportive social services, attempts to find qualified relatives and
sufficient vetting of foster homes and closely monitoring of such placements are essential. One
also has to think wider, beyond the courtroom and the individuals appearing there at any given
moment. What are the systemic factors that exist in Philadelphia that have led to such high
numbers of children being removed? There is no easy answer for all of the interconnected issues
that have caused this crisis. Lack of job opportunities, education, all of the pieces of the
community puzzle play a part and can be addressed with an eye to the future. Supporting
community organizations, anti-poverty initiatives, substance abuse treatment, addressing housing
and food insecurity. I will make decisions that will take into account all of these issues and do
whatever I can to foster programs that are helping reduce harm and trauma.

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

Again, treating every individual as an individual and taking the time to understand the
circumstances that brought the parties to appear before me. First and foremost, there has to be an
assessment of danger posed to the child, whether there has been violence, abuse or neglect,
support from the community, whether there have been meaningful opportunities to improve,
efforts at rehabilitation. I would have to look at the nature of the drug history and/or criminal
records and decide if it was a material factor endangering 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?

Yes, I have known people who have experienced domestic violence and I have obtained
protection from abuse orders for my clients. When a situation has escalated so there is court
involvement, the first concern has to be to protect the alleged victim and any involved children.
There must be victim centered advocacy and coordinated community response between victim
support and law enforcement. Protection from abuse orders must be enforced. The Court’s role is
to foster a safe and trusted environment which balances accountability and an opportunity to
provide and receive help where appropriate. There are a wide range of community organizations
and social services that can be partnered with to provide, for example, safe housing. Data
informed and culturally appropriate responses will lead to better outcomes.

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?

Yes. It is entirely appropriate for prosecutors, judges and criminal defense attorneys to work
together to avoid disproportionate immigration consequences. I am all for working together with
all stakeholders to fashion a just resolution. I would accept immigration neutral plea agreements
where doing so was appropriate and did not violate any laws which I am bound to follow. I
would also sentence defendants in a manner which would avoid deportation where appropriate.
This would depend entirely on the circumstances of the case. I would need to understand the
impact of such decisions, the circumstances of the undocumented person, any prior offenses,
whether there had been prior deportations, connections to the community, and so many other
factors. Again, I would take an individualized approach to each case that comes before me and
apply the law. Where I am able to exercise judicial discretion to prevent an unjust result, I will
do so.

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?

Yes, I know undocumented individuals and they are good, hard working, law abiding citizens.
That is all you can ask for in any person. As a judge, I would of course, comply with all
applicable laws. However, where I am able to exercise discretion, the circumstances of the
individual are very important. Undocumented individuals must have faith and trust in our judicial
system if they are to feel safe calling for help and coming forward as a witness. I will make
decisions regarding undocumented individuals the same way I will evaluate all cases, by
considering all the facts, evidence, and circumstances.

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?

Just this week, ​Community Legal Services of Philadelphia, as part of the Incarcerated Women’s
Working Group, released a report on increasing access to diversionary programs for women in
the criminal legal system and provided a roadmap to increasing access, equity, and effectiveness.

I would support the findings and recommendations of this report and work to implement this
program, to increase counseling, and offer rehabilitation and treatment instead of punishment.
Most importantly, I would always consider the background and circumstances of any person
appearing before me.

The report calls for diversionary programs to “recognize the unique experiences and needs of
women who have contact with the criminal system, to center and compensate directly impacted
women in designing and creating programs, and to offer effective community-based gender and
trauma responsive services that recognize the individual needs, strengths, and agency of
women.” The recommendations of this report would help to heal trauma and break the cycle of
incarceration, by avoiding exorbitant court fines and costs, lengthy probation terms, and any
requirements that are infeasible, particularly for women who are caregivers. They suggest that
transportation and childcare support or accommodations be provided, records be expunged, and
creating criminal records in the first place be avoided, in order to avoid perpetual punishment
and devastating economic consequences.”
The proposed program would provide a “trauma and gender responsive diversionary program for
women that would be designed by directly impacted women and would divert women from ever
being arrested in the first place.” The program would “invest in effective community-based
strategies and be based on the agency of women to identify for themselves what they need to stay
free and thrive.”

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?

As a Judge, I would apply the laws of the State and adhere to the Constitution. Children are
generally not developmentally mature and as such, wherever possible, should be provided an
opportunity at rehabilitation or alternative sentencing. Wherever possible, alternatives to
incarceration and supportive resources should be used to ensure the best outcome. Ensuring that
all individuals have adequate representation, such as that provided by Juvenile Law Center is
essential. As with all cases, I will uphold the Judicial Code of Conduct and decide all cases that
come before me by being as informed as possible, so that I am able to fairly and impartially
serve justice. The long-term impact of incarcerating children in adult jails results in great harm
and should be avoided at all costs.

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?
Although landlord tenant disputes and evictions are decided by Municipal Court judges, all
judges can play a role in supporting implementation of the Right to Counsel legislation which
was unanimously voted on by City Council on November 14​th​, 2019. This guarantee, that all
low-income renters have access to an attorney to fight their eviction, will be phased in over the
next five years or more. As the program is administered,​ ​tenants are more likely to come to their
hearings and have better case outcomes when meeting with an advocate. ​Although I would most
likely not be responsible for eviction and foreclosure matters in my courtroom, I would partner
with community legal and social services such as Philadelphia VIP, and CLS to provide support
to address issues such as housing insecurity, food insecurity, all factors that can lead to eviction,
foreclosure and loss of housing.
The Philadelphia Bar Association, on which I am on the Board of Governors, was instrumental
in passing the Right to Counsel Bill. The Bar Association’s Civil Gideon and Access to Justice
Task Force provided a report showing the economic benefit to the City that would result from
providing counsel for eviction cases.
The courts must work with the community-based organizations that are providing advocates to
develop and strengthen the program. This coordinated support will foster trust in system, protect
tenant’s rights and increase public confidence in the justice system.

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?

I have provided pro bono representation to resolve tangled title issues, so I understand the
hardships people have with property issues. Although I will not have personally experienced
most of the hardships that come before me, such as eviction or foreclosure, I will use the same
skills and legal knowledge in all circumstances to arrive at a just and fair resolution. I will
consider all of the facts, circumstances, mitigating factors and extenuating circumstances to
arrive at decisions. As a judge, I will use my empathy, concern and objective consideration to
arrive at reasoned, impartial and just decisions. I will not rubber stamp evictions nor will I
criminalize poverty.

20. Regardless of whether the landlord or tenant ‘wins’ an eviction case or if the case is
ultimately dismissed, an eviction ​filing ​by 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?

Although eviction matters are heard in Municipal Court, there is a movement for expanding
agreements and implementing court administrative rules which would permit the sealing of
access to eviction filings. ​In April 2020, Rep. Elizabeth Fiedler, D-Phila., introduced HB2382, a
bill that would ensure fair access to housing in Pennsylvania by expunging or sealing not for
cause eviction records.

Overall, if tenants are better informed about their rights, the numbers of evictions will be
reduced. I would work to ensure that litigants understand the process and how to access
mediation and support use of mediation as an alternative form of resolution. I would increase the
use of technology and remote hearings to improve the ability to attend hearings and avoid default
judgements for missing or being late to court.

The Mayor’s task force also recommends that the Municipal Court take the following steps in the
absence of legislation which would allow for the sealing or expunging of eviction complaints. I
support these measures.

● Tenant attorneys should be encouraged to include in all agreements that the judgment
will be vacated and then expunged when the terms are satisfied.

● The Municipal Court should explore redacting the tenant’s address (except for zip code)
on the docket website and in any bulk data it provides to third parties, so that only the
parties to a case and their attorneys can see the address.

● The Municipal Court should explore how it can exercise any contractual rights it has
under any data access contracts with third parties to demand that the third parties give
back and/or delete any data they possess that does not comply with the new public access
policy.

21. Are you a landlord? If yes, how many rental properties do you own?

I am not a landlord

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?

The judiciary can partner with community legal service providers like Philadelphia VIP and
Community Legal Services to provide counsel. To ensure due process for unrepresented
defendants, I would ensure that the debt collection agencies comply with rules of evidence,
satisfy the contractual elements that would permit recovery, enforce statutes of limitation, and
encourage alternative dispute resolution. I have represented many clients, for free, in consumer
debt collection cases and have been successful in almost every instance.

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?

The judiciary must at all times be mindful of disparate impact and work to close the gaps toward
achieving greater equity. I would try to make sure that whenever possible, individuals have
proper legal representation.

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?

I would welcome court watchers either in person in a safe manner or via closed circuit
technology, if permitted. However, there has to be a balance between an individual’s right to
privacy and the risks of broadcasting, especially in criminal proceedings. Such risks include
identification of witnesses and exposure of and ability to record sensitive information or deeply
personal testimony. Allowing for closed circuit tv viewing in a controlled location, would satisfy
the public’s right to observe and not violate the prohibition against recording trials in
Pennsylvania. I would also do my best to educate the public about access to the court and build
trust so that there is faith in the system and in my judicial temperament and fairness. One of the
ways I would accomplish this is by continuing to work with and support community-based
organizations that are involved with the justice system.

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?

Unfortunately, as we have seen from time to time, there have been judges that have broken the
public trust and there have been consequences imposed on them when they do. There are several
ways that judges can be held accountable: The Ethics Board, complaint process and public
exposure via the press. The values that I express during my campaign are the values that I have
always adhered to in my personal and professional life. I have an unblemished record and
reputation for my legal ability, sincerity, honesty and service. Philadelphia is a big, small town.
Were I to betray these values, I imagine that I would be held to account by the press, community
justice organizations and my peers.

You might also like