Magisterial District Judge Paige Simmons Runs for Chester County Court of Common Pleas

Candidate: Paige Simmons

Court: Chester County Court of Common Pleas

Party: Democrat and Republican

The following has been edited lightly for length and style.

The Legal Intelligencer: Tell us about your background, where you went to law school, what firms you have practiced at, and areas of law you focus on.

Simmons: Law School – Case Western Reserve School of Law.

Volunteer Lawyers Project – Nassau County, NY – Pro bono full time for eight months representing indigent tenants facing eviction, then once monthly for three years.

Law Firms: Tane, Waterman & Wurtzel, PC (NY) Associate – Representing condo and coop board of directors including landlord tenant, auctions, building department violations, small claims, title/shareholder disputes, governing document enforcement. Involved in some probate matters as it relates to estate and/or beneficiary rights and responsibility to real property.

Angius & Terry (Calif.) Associate – Began in plaintiff-side complex litigation for construction defect in residential home new construction, transitioned to general counsel – drafting CC&Rs, bylaws band other governing documents on behalf of HOAs and enforcing those documents through litigation; service contract negotiations, settlement negotiations and drafting. Involved in some probate matters as it relates to estate and/or beneficiary rights and responsibility to real property.

Kimball, Tirey & St. John LLP (Calif.) Trial attorney – Exclusively represented large and national apartment building owner in all types of landlord tenant matters.

Lewis Brisbois Bisgaard & Smith LLP (Calif.) Senior associate – Complex litigation, insurance defense for large fortune 500 companies.

Simmons Law Firm (Calif. and Pa.) Principal – General counsel for several medium/small size corporations, representation of small business, real estate disputes over title/sales contract/ partitions/easements; complex landlord tenant issues such as mold, personal injury, etc.; draft governing documents; contracts and negotiate same.

Companies Unibail-Rodamco-Westfield (remote – Calif.) Corporate counsel for national mall company. Negotiated and drafted leases/licenses with national/international companies; contract negotiations, settlement.

Pettinaro Management LLC (Del./Pa.) – Associate general counsel – Represent construction and commercial properties owner in lease and contract negotiations, property disputes, liaise with outside counsel in litigation, loan document.

Magisterial District Judge – Chester County for Uwchlan, Upper Uwchlan, West Pikeland, and East Caln townships. Jurisdiction over summary offenses, landlord tenant, truancy, civil claims under $12,000, offenses under the traffic code, municipal code violations, fish and wildlife, and health and safety code; conduct arraignments, criminal preliminary hearings, bail hearings, civil trials, trials for summary offenses; judicial district includes over 40,000 residents, four police departments, state police and gaming commission.

The Legal: What is one major thing about your career experience that most qualifies you for this position, and why?

Simmons: In this age of legal specialization, my broad legal experience across different disciplines is what most qualifies me for this position. In private practice, I represented everyone from indigent tenants to multibillion dollar corporations in all types of civil litigation from small claims to landlord tenant to complex litigation as well as corporation side matters through my general counsel work. I have also been involved in probate matters as it relates to estate and/or beneficiary rights and/or responsibilities to real property. As judge, I interpret and apply criminal law, in preliminary hearings and summary offense trials, set bail, adjudicate truancy matters and violations to municipal ordinances, and hear requests for emergency protection orders.

The Legal: What is the main reason Pennsylvania voters should pick you?

Simmons: Chester County is changing, so our courts should as well. Women are half of population and two in 10 Chester County residents identify as persons of color yet the common pleas bench is still majority male and with no diverse judges. I am the only elected judge on the ballot and the only candidate that has the requisite legal experience plus the lived experiences of a women, a person of color, and a first generation American. Choosing me is the first step in recognizing that parity and representation matter in our courts.

The Legal: What will be your approach to moving matters efficiently through the case management system? 

Simmons: As a judge, I employ some of the same skills I used as a litigator to move matters through in that I have detailed notes for each case and time lines for each case. This allows me to easily pushback on unnecessary delays and incorrect information and/or law. Additionally, while I grant the first continuance as a matter of right, any further continuances must be tied to an action that will move the case forward. For instance, a second continuance will be tied to the defendant being arraigned first or a defendant making an appointment with the Public Defender’s Office and providing a date first before granting. Where a case is continued for a longer period of time pursuant to an agreement to allow a defendant time to complete some action, status dates are built in to ensure progress is being made.

The Legal: What would you say to voters regarding your plans to ensure the equal administration of justice for all people?

Simmons: Equal administration of justice begins at the first level of the judicial system and how they are treated the minute participants enter the courtroom. An effective judge sets the tone of how she expects everyone to conduct themselves. Any perception of bias, taints the process. As a woman of color that was usually the only “other” in a courtroom (excluding defendants/plaintiffs), I am particularly sensitive to micro-aggressions and am aware of the role unconscious bias plays in the administration of equal justice. Accordingly, I take care to rule similarly on similar cases and write notes when I do not. I also pay attention to the plea deals cut by officers and the assistant district attorneys to make sure they are consistent across different types of defendants. Additionally, I order mental health and/or drug and alcohol evaluations for those that appear to need it so that I can ensure treatment options are included when appropriate. As a daughter of immigrants, I can spot when a nonnative English speaker needs an interpreter despite speaking fluent conversational English. Often these individuals have too much pride to admit they do not understand. I have spent my life communicating with nonnative English speakers in simpler terms without legalese or being condescending or patronizing. The actions that I take help ensure that participants feel heard and are empowered to participate in legal process. Moreover, while it will not catch everything, the actions I take help keep bad plea deals—no matter how minor—from happening are critical because minor offenses are often used as predicate offenses for future matters. Additionally, minor offenses can have an impact on future job, adoptions, etc.

The Legal: Where can voters go for more information about you?

Simmons: www.simmonsforjudge.com