Published: May 09, 2009 10:49 pm      

Cambria County judge candidate: Timothy S. Burns

Timothy S. Burns

Age: 36.

Residence: Richland Township.

Law office: 104 S. Center St., Ebensburg.

Education: Received his law degree from Duquesne University Law School. A graduate of Bishop McCort High School, Johnstown, and St. Vincent College, Latrobe, where he received a bachelor’s degree in political science with a minor in history.

Background: Opened his law office in Ebensburg after working for a Johnstown law firm. Formerly was law clerk for several years for now-retired Cambria County Judge Thomas Swope and briefly for interim Judge James DeFrancesco. Has handled a variety of legal cases and issues including criminal, family practice and municipal law.

Marital status: Single.



The six candidates for Cambria County judge were asked to answer nine questions from county government reporter Sandra K. Reabuck. The answers appear below.

The questions asked were:

1. What characteristics make a good country judge?

2. Why do you think you would be a good judge?

3. Are Cambria County judges too lenient in sentencing defendants in serious crimes? We hear about judges in other counties imposing stiff terms in such cases as armed robberies, vehicular homicides and embezzlements of large amounts of money, but not so much in Cambria.

4. Do you have specific suggestions for any improvements in the county court system?

5. Are too many people excused from jury duty in Cambria County? If so, what would you do to change the situation?

6. Are there too many plea bargains for criminal defendants? It seems that there are only a half-dozen trials in any one year.

7. We get a lot of calls about custody and divorce cases and unfairness by the courts in them. Should the court look at revamping how domestic relations cases are handled?

8. Are the fees too high in divorce/custody cases in Cambria County? A person has to pay $100 to get a custody issue decided and $500 for divorce or equitable distribution issues.

9. Do you think partisan elections are the best way to fill judicial seats, or should judges be appointed?



1. Good county judges should be fair and impartial to all people who come before them and should base their rulings on the law and not be influenced by any particular attorneys. Furthermore, good county judges should understand that they have been elected by the people and, as such, serve the people.

2. I believe I would be a good judge, because I would bring to the bench a broad and experienced legal background based on my regional general law practice, which I founded, and my experience as judicial law clerk to two retired Cambria County judges. Furthermore, I have made a commitment to the voters that I will treat all individuals with the same degree of respect and dignity regardless of who they are and who their attorney is. Lastly, I am an individual who started from the bottom up, coming from a blue-collar background. As such, I will apply these values in my everyday duties as a judge.

3. Cambria County judges, like all of the state’s county judges, are bound by the Pennsylvania Sentencing Guidelines, so cases where there is supposed “leniency” would have to be reviewed on a case by case basis. If a judge does sentence an individual to a lenient sentence under the guidelines, the district attorney’s office does have the right to appeal the judge’s sentence to the Superior Court. I believe incarceration is appropriate for more serious crimes, such as armed robbery, vehicular homicide, embezzlements and repeat DUIs. However, I will have to be bound by the guidelines and use my discretionary authority under those guidelines accordingly.

4. I believe the Cambria County court system is administered in a very professional and efficient manner by our court administrator’s office. Furthermore, the voters are fortunate that the court system is supported by competent row offices – such as the prothonotary, clerk of courts, recorder of deeds, and register of wills offices – that handle court filings. As judge, I would want to ensure that the voters have access to our court system, and that the current professionalism in its administration is continued. As for specific suggestions, I would like to see the reinstatement of the courthouse’s toll-free number, and I would like the courts to explore the possibility of having a judge hear cases in Northern Cambria, just as one of our judges hears cases in Johnstown from time to time. I realize both of these suggestions are dependent upon funding.

5. I believe there are a sufficient number of individuals who serve our county as jurors, but the number could be increased if the compensation for jurors is increased. In the current economic climate, it is difficult to expect people to serve as jurors where the compensation is only $9 a day under state law. This is an issue that would have to be addressed by our state legislature.

6. There are thousands of cases that go through the criminal court docket each year in Cambria County. Likewise, there are a limited number of prosecutors and public defenders who can handle these cases. As such, if there were more trials, the court system could be clogged, unless there were more prosecutors, public defenders and potentially more judges, all of which would need to be funded by the taxpayers. As such, plea bargains are a necessary part of the criminal court system. However, the plea bargain should fit the crime. Individuals facing serious criminal charges should not be given a lenient plea bargain or a slap on the wrist in the name of judicial expediency.

7. Having a family law practice that covers several counties, I can say that Cambria County has a very fair and efficient domestic relations division. With four experienced hearing officers, individuals can have a court date within a few weeks of filing a custody/divorce petition as compared to several months in other counties. Family law is one of the most emotionally charged fields of law, so it is no surprise that the local media would get a number of calls from disgruntled individuals going through a domestic relations case. But keep in mind, for every person who says the system is not fair, the person on the other side will say it is.

8. Fees are expensive for divorce and custody matters in Cambria County but the fees are very comparable to other counties and in some cases lower. In fact, the Cambria County Prothonotary’s Office, which handles divorce and custody filings, does not charge for certain filings, which may be charged in other counties. To avoid excessive legal costs, it’s important to have reasonable attorneys on each side of a case whose goal is to resolve the matter for the benefit of both parties. A divorce or custody case should not last more than a year, otherwise it’s the clients who suffer financially.

9. I believe judges should be selected by a vote of the people.