Name: Marshall Casey
Race: City of Spokane, Judge, Court of Appeals, Division III
Senator Michael Padden (4th district)
Senator Jeff Holly (6th district)
Representative Bob McCaslin (4th district)
1. Should legislative requirements take precedence over judicial discretion when sentencing criminals?
Yes – I marked yes because the judges should always respect the legislative branch and their decisions. Though It should be noted that the legislature has provided for judicial discretion in sentencing and that should be followed as the legislature has mandated.
2. There has been a movement to replace our current Electoral College System with the popular vote of the people. Do you agree that the Electoral College System should be abolished?
3. Do you believe that government should protect the right of the people to keep and bear arms in protection of one’s self, family, property, and country?
4. Do you see value in Community courts (Therapeutic) and pre-trial services?
5. Do you agree that the Ten Commandments should not be displayed in public school buildings or court houses?
Disagree – The Ten Commandments bear an important place in our history and law. In fact, a statue of Moses is displayed on our Supreme Court building in Washington, DC. Displaying the Ten Commandments recognizes the reality of their importance to us as a people.
6. George Washington’s comment that “Religion and morality are the essential pillars ofcivil society” is still true today.
7. The U.S. Constitution and my state constitution should be interpreted as living documents, rather than using a strict constructionist or originalist approach in judicial decisions.
Disagree – Judges hold a lot of power when they interpret our constitutions (federal and state) and should do it with humility and caution.
8. There are times when American judges should alter U.S. case law in order to comply with foreign case law.
9. I support the use of Sharia law as a basis for legislation and judicial decisions in the United States.
10. Have you ever been convicted of a felony or been penalized for sexual misconduct?
11. Are the rights of the individual a higher concern over the social policy expressed in law?
Yes – Emphatic YES! This is why my campaign signs say, “protecting individual rights.” Washington’s Constitution tells us that that is government’s purpose, to protect and maintain individual rights.
12. Religious liberty is at risk in the United States and deserves the highest level of protection in the law.
13. Do you believe that electing justices by district rather than our current statewide election would provide better representation for Eastern Washington?
14. Should governments discriminate against individuals, organizations, or businesses because of their beliefs on politically divisive issues such as marriage, gender definition,and/or abortion?
No – This is an emphatic NO. “If there is any fixed star in our constitutional constellation it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion…” West Virginia State Board of Ed. V. Barnette.
15. Do you promise to protect the freedom of Christians to share the Gospel and to practice Biblical beliefs?
Yes – I struggled with this answer because I am not supposed to make campaign promises but after looking at this, I believe the law is there to protect this and I promise to follow the law. I have run into too many people who believe the separation of church and state does not allow the sharing of the Gospel or prayer on public property. The First Amendment was built to protect individual liberty from state restrictions and not to be a restriction on liberty. Restrictions on religion and religious expression are to be narrowly limited.
16. I vote in primaries and general elections.
17. Do you believe that the adoption of sentencing guidelines has had a positive effect on the criminal justice system?
18. Do you believe that capital punishment has a place in our criminal justice system?
Did not answer – This is an issue for the legislature and not the courts, so I have chosen not to answer this. My personal view is that the death penalty can be used in our society but is to be used with caution and concern due to our system’s imperfections. An innocent person should never be executed, and our system has convicted people who later are proven innocent. Only God knows ultimate truth and human systems have flaws. Unlike imprisonment, death is permanent and if we get it wrong it is impossible for our system to fix.
19. In order to provide justice for all, any systemic problems in our judicial system should be corrected legislatively rather than judicially.
Agree – Generally, yes. However, the Supreme Court sets court rules and certain rulings shape the common law. My belief is that the will of the people is best expressed through the legislature and the jury rather than through judges. Judges and our courts stand strongest when they respect the legislature.
20. Do you agree that any delay between an arrest and the ultimate disposition of a criminal defendant is an issue that must be addressed?