Election Guide: Two Vie for Judge Seat

Two candidates will battle on Tuesday's ballot for the Washington County Court of Common Pleas post. Here's what you need to know: 

Gary Gilman (D)

Why are you running?

There are two reasons why I want to become a judge. The first reason is that I enjoy public service—most of my professional career has been in public service. Through public service, I have found that I can have a greater impact upon more people's lives and make my community a better place to live. The second reason is that the job I have now, a master and hearing officer for the Court of Common Pleas—hearing complex support, divorce and alimony cases—is very similar to being a judge and I have a passion for it. 

How has your experience prepared you for the position? 

I think the voters should choose me because of my legal experience. I have been a lawyer for 23 years and I have learned much during those 23 years. Further, I have had 11 years of experience of sitting in judgment as a master and hearing officer hearing over 8,000 cases, a job very similar to that of a judge. Like a judge, I have my own courtroom, take testimony from witnesses and write opinions. There are no classes in law school teaching you how to be a judge or how to sit in judgment. You learn to do this through years of experience. So, I have learned how to manage a courtroom, how to balance competing interest and how to write opinions. And, I know I have the character and integrity to do the job. In 2008, the Allegheny County Bar Association gave me a prestigious award for Exemplary Service for my work as a master and hearing officer; In 2011, I was rated as the most highly recommended judicial candidate by my peers in the Washington County Bar Association. If elected, I would not need to have any on-the-job training; I would be ready to begin serving our community right away. 

How do you plan to handle cases regarding the countywide tax reassessment and those stemming from the Marcellus Shale gas industry? 

I will not be handling any tax assessment appeals. President Judge Debbie O'Dell Seneca hears all such appeals. As for handling any Marcellus Shale issues, the growth of this industry will effect the court from A to Z, from arbitration to zoning and everything in between, within the four general divisions of the court (civil, criminal, orphans' and family). It will probably place a greater caseload on the court, but I am confident the court will be able to handle it expeditiously and competently. Beyond that, each case will present itself differently based upon the testimony and the facts determined by the court. 

Lane Turturice (R) 

Why are you running?

I am a fourth generation resident of Washington County. I am the only candidate for judge that was born, raised and practiced his entire career right here in Washington County. I grew up in the Mon Valley in California, PA and I have continued to make Washington County my home, along with my wife and three children—actually soon to be four children, as we are expecting our fourth child. In my life, I have placed an enormous emphasis on the importance of family. I truly have a heart for children. I felt that I was very much led to seek the office of Washington County Judge, in an effort to make Washington County a better place for my children and the citizens of Washington County. In my family, public service comes naturally. It's almost expected if the opportunity arises, as my grandmother was a long-time school board member in the California Area School District and my father is a former president of the California Borough Council. 

What are your feelings on leaving your private practice to become judge? 

I have been blessed with so many wonderful clients during my career. In addition to the hundreds of private clients I represent, I also represent 12 school districts and municipalities. I have always considered it an honor to be a municipal solicitor because it means the local leaders trust you. In so doing, I have met so many wonderful people all across Washington County. While it will be hard to tell my clients that I can no longer represent them, most of my clients see my run for judge as a sacrifice for the greater good of Washington County and have supported me every step of the way. So, if I am blessed to become the next judge of Washington County, it will be sad to leave a practice that I have worked so hard to build, but I also know I can do so much more for my community and have a greater impact protecting the families of Washington County as a judge.

How has your experience prepared you for the position? 

I am the most highly experienced candidate for judge. Unlike my opponent, during my career I have practiced regularly in virtually every area of the law that will come before me as a judge. Overall, I have treated this campaign like a job interview. When choosing to hire an employee, you look for the person who best meets your needs. You look for someone who knows the local community and who has the broadest base of practical experience in their field. Quantifiably, I am the more experienced candidate, as my opponent has only filed a total of 45 cases in Washington County during his entire career, and only two of the cases were filed since 1998. I have filed nearly 700 civil cases, in Washington County alone, which does not include the thousands of criminal cases I prosecuted as an assistant district attorney, the many estates and real estate transactions that I have handled and my work with the 12 school districts and municipalities, which I represent. So, because I have the broadest base of experience, if elected I can hit the ground running and can have an immediate impact on the court. In the next 10 years, the judiciary will face 3 main issues:

• Countywide tax reassessment issue
• Myriad of issues regarding the Marcellus Shale gas industry
• Rising rate of crime in our communities

I am the only candidate that truly understands and is experienced with these tough issues. I am an experienced attorney who has worked extensively on property tax matters and am a past solicitor for the county’s tax assessment department. I have represented individuals as well as municipalities regarding issues involving the oil and gas industry. Finally, I served nearly six years as a tough prosecutor in the Washington County DA’s office prosecuting adults and juveniles for all types of violent and non-violent crimes.

What is your stance on the countywide tax reassessment and the Marcellus Shale gas industry?

Judicial candidates will tell you they are unable to divulge their positions on public issues. That is only a smoke screen so they don’t have to tell you where they stand and can try to play all sides of the field. The rules of judicial conduct do allow for a judicial candidate to express their views on an issue—and it is impossible to have no perspective—what it does not allow is for a candidate to express how they would rule on a specific case that would come before their court. So, it is upon that basis which I will respond:

The tax reassessment problem has been an issue for nearly 30 years. It is my opinion that the Pennsylvania Legislature has done a serious disservice to the citizens of Pennsylvania in not addressing this problem sooner. It baffles me that it took two local school districts to file a lawsuit against the county and the prospect of spending millions of taxpayer money to get the attention of our legislators. While I am happy to see the Legislature finally doing something to address the concerns of Pennsylvania citizens about what they believe is a flawed system of assessment, I am also skeptical that the Legislature might allow this serious issue to fall back into the abyss of failed legislative efforts. Pennsylvania, as well as the United States government needs to evaluate its system of taxation so that we are all taxed fairly and uniformly.

Owning real estate carries with it a traditional "bundle of legal rights" transferred with the property from seller to buyer. The traditional recognized legal rights of the holder of title to the property include: the right of possession (the property is owned by whomever holds title); the right of control (within the laws, the owner controls the use of the property); the right of exclusion (others can be excluded from using or entering the property); the right of enjoyment (the owner can enjoy the use of the property in any legal manner); and the right of disposition (the title holder can sell, rent or transfer ownership or use of the property at will). In safeguarding the latter property rights, the government should not be permitted to foreclose on an individual’s property rights without a rational basis and without compensating you for the loss of those rights. The Legislature, local municipalities, individual property owners, and the oil and gas industry must work together to reasonably regulate the Marcellus Shale gas activities to ensure the safety and general welfare of the citizens of the Commonwealth of Pennsylvania.