Lehigh County judges offer short lesson on court system
The Whitehall Township Crime Watch hosted Lehigh County Court of Common Pleas judges Kelly L. Banach and J. Brian Johnson April 22.
Both Banach and Johnson provided the more than 30 residents and community members in attendance with a brief civics lesson on the court system in Lehigh County.
Banach told the audience Whitehall Township falls within her judicial territory. She was elected to the bench in 2003 and presently serves as the administrative judge of the criminal division.
"You are my people," Banach said.
A criminal case, Banach said, originates at the district magistrate level. The magisterial district judge will preside over the preliminary hearing where he will determine if probable cause has been established. The magistrate is also responsible for setting bail and issuing citations. From that level, the case moves to the Lehigh County Court of Common Pleas.
She said criminal cases arrive in her courtroom one of two ways – by way of arrest or a private investigation.
"Within two-and-a half months of arrest, I can see the defendant," said Banach.
Banach is also responsible for presiding over criminal cases involving juveniles. She said the court treats juveniles differently from adults.
"We're looking to rehabilitate and to punish," Banach said. "It's a different balancing act."
This approach, she said, is the result of research that has revealed the brains of juveniles and adolescents are not fully developed, resulting in the decreased capacity to form and make reasonable choices.
Civil cases differ from criminal cases in a number of ways, said Johnson, who has served as administrative judge of the orphan's court division from 2008-11 and administrative judge of the civil division since January 2007.
He presides over cases involving motor vehicle accidents, slip and fall, negligence and real estate matters, along with custody matters and will contests.
Johnson said one can become involved in a civil case at the magisterial level for legal matters under $8,000 that are later appealed to the Court of Common Pleas. The second way an individual can become involved in a civil case is if a party files a suit at the county level.
In criminal cases, "proof beyond a reasonable doubt" is the standard. This requires the government to prove beyond certainty the guilt of the defendant. Civil cases are decided by what's called the "preponderance of the evidence," Jonson said,
"If the evidence is balanced, you still go for the defendant," Johnson said.
He added 90 percent of cases are decided by the judge who is both the decider of fact and the law. The remaining 10 percent are decided by a jury responsible for sorting through the facts, following the pertinent and applicable law as the judge instructs.
One major difference between a civil and criminal case, Johnson said, is the nature of representation.
"The DA's office does not help the person," said Johnson. "The individual has to be able to do it themselves and prove their own case."
Banach and Johnson stressed the importance of jury duty service.
"Don't get out, don't try to get out," Banach said. "You will be surprised by the experience you'll have."
During the course of the presentation, both judges also praised the quality of the Whitehall Township Police Department.
"You have an excellent police department," Banach added. "It's a wonderful police department, from the patrol officers to detectives."








