Prepared By​:__Jason Rubin__________​ Phone/Email:

Campaign Manager: ​_Melissa Rubin___​ Phone/Email

Candidate Name: __​ Jason Rubin__________​________________________________________

Campaign Address ​________________

Campaign Email: _​ ____________________​Campaign Website: ​www.RubinforJudge.com___

I, ​______/s/ Jason Rubin_______________​____________________, certify that the information

(Signature)
provided on this questionnaire is accurate and the opinions stated here accurately reflect my own
positions.
______________________________________________________________________________

Please complete, sign and return this via email in Word Doc format​ ​on or before February 13,
2021.

The Judicial Accountability Table (JAT) is a coalition comprised of Philadelphia community

organizations working to bring more fairness to our courts. The JAT's platform is available at
https://judgeaccountabilitytable.org/platform/​. We've written this questionnaire to be
values-driven and focused on the issues most relevant to the people of Philadelphia, and we've
made our questions compliant with the Code of the Commonwealth of Pennsylvania.​1​ ​We ask
that you use no more than 250 words to respond to each question.
Thank you for taking the time to complete our questionnaire, and we look forward to your
response. ​The members and supporters of the JAT include:
1
Specifically the following section of 207 ​Pa. Code § 4.1, Political and Campaign Activities of Magisterial District Judges and
Judicial Candidates in General:
The making of a pledge, promise, or commitment is not dependent upon, or limited to, the use of any specific words or phrases;
instead, the totality of the statement must be examined to determine whether the candidate for judicial office has specifically
undertaken to reach a particular result. Pledges, promises, or commitments must be contrasted with statements or
announcements of personal views on legal, political, or other issues, which are not prohibited. When making such statements, a
magisterial district judge should acknowledge the overarching judicial obligation to apply and uphold the law, without regard to
his or her personal views.

As well as the following section of ​207 ​Pa. Code § 4.2, Political and Campaign Activities of Judicial Candidates in Public
Elections:

A judge who is a candidate for elective judicial office shall not make any statement that would reasonably be expected to affect
the outcome or impair the fairness of a matter pending or impending in any court.
Reclaim Philadelphia ICE out of Courts
LILAC DecarceratePA
215 People's Alliance Free the Ballot
Philadelphia Bail Fund One PA
Philadelphia Community Bail Fund Philadelphia Neighborhood Networks
Youth Art and Self-Empowerment Project Abolitionist Law Center
Amistad Law Project Democratic First Ward
Coalition to Abolish Death By Incarceration #No215Jail Coalition
(CADBI)

QUESTIONS

1. What are your top three priorities if you are elected judge?

I would work towards reduced reliance on bail. Bail is not effective in achieving its

purpose of having the accused appear in court for trial. It discriminates against the poor

who cannot make bail and is a financial burden on families who struggle to provide it. I

would also work towards the increased use of alternative courts to address crimes caused

by youthful offenders, the mentally ill, and those addicted to drugs. The courts should not

have to place these individuals with the general prison population. Also, I would work

towards decriminalizing drug use and sex work. If society decides that drug use and

exchanging sex for money are not legal, the people who are selling the drugs and forcing

people into the sex trade are the ones who are engaging in criminal acts. Most often,

intravenous drug users are addicts who cannot be rehabilitated by incarceration and must

get treatment. The sex workers are often forced into this situation by those much more

powerful than they are either physically or societally. These people are victims who need

assistance, not criminals who need incarceration.

2. Do you feel that implicit bias plays a role in our courts? If so, how do you think it should
 be addressed?

Yes. I believe that everyone has bias, including myself. I think the first step in

addressing it is acknowledging it, not ignoring it. I am constantly exploring what biases I

have and strive not to make decisions based on them. Judges should be required to

participate in implicit bias training to make sure they recognize it and try to eliminate it. I

have recently participated in training regarding bias and would take every opportunity to

do so should I be elected.

3. What if anything would you do as a judge to assure that neither your courtroom staff nor

litigants are faced with racist or sexist behavior?

I believe that a judge should set the model for conduct and attempt to avoid any such

behavior and reflect carefully if any questions my behavior in this regard. I would look to

hire women and diverse candidates for my staff, and those who have a diversity of life

experiences, who would be more attuned to such conduct. I would not tolerate such

behavior towards litigants and would censure an attorney for a serious enough offense.

4. Do you believe police misconduct is a problem in our criminal justice system? How so?

What role, if any, do the courts have in addressing this issue?

Yes. There are tragic incidents where the police use excessive force, and both potential

criminal suspects and bystanders suffer injuries or death. Some police officers will do
 what they can to get a conviction, which sometimes involves not following the

procedures created to protect innocent citizens. The courts should be aware that a certain

percentage of police officers do not have the welfare of all citizens as their paramount

concern and sometimes do not behave to uphold the law and provide for the safety of all

members of the public. The courts should make sure that police officers, like everyone

else, follow the law.

5. In the wake of the murders of George Floyd, Breonna Taylor, and other unarmed Black

people by police, Philadelphia protesters have criticized the outsized PPD budget while

communities face massive divestment of resources. A 2019 study from PICA suggested

that the city could save over $7 million by making changes to reduce police court

overtime. What role, if any, do the courts have in addressing this issue?

There are distinct advantages to shifting funding away from the police budget and toward

other social services that can improve mental health, addiction, and homelessness. Such

funding adjustments will go further toward reducing crime than increased police funding

would. I believe that the courts should be as efficient as possible and operate my

courtroom as efficiently as possible. I think this issue might call for a technological

solution, which I would be happy to help develop or utilize.

6. Do you think our criminal justice system works? Why, or why not? If you think there is

something wrong with how it operates, name three ways you would work to change it as

a judge.
 The primary purpose to the criminal justice system is to rehabilitate, not seek retribution.

By that measure, the criminal justice system in Philadelphia often fails. As a judge, I

would always consider that punishment's primary purpose is rehabilitation and not

retribution. Rehabilitation can be particularly successful where defendants commit crimes

as a result of addiction. If a drug user can kick the drug habit, they are less likely to

engage in criminal activity. To the full extent permitted by law, I would impose sentences

on all defendants, but particularly drug users, that focused on rehabilitation rather than

punishment. Second, while a defendant's prior offenses are sometimes relevant at

sentencing, they are often the product of a racially biased system. It is often impossible

for individuals convicted of even minor crimes to escape the cycle of probation

violations, which compound on one another. Such technical violations should carry little

to no weight. I would be cautious about the consideration I would give to prior offenses.

Finally, cash bail is not effective in its stated purpose to make sure that the accused attend

their trials. To the extent permitted by law, I would not require cash bail.

7. One in three Philadelphians has a criminal record. In your opinion, how can judges

support successful community re-entry?

Judges should not set parole terms that would make employment difficult and be open to

expungement of crimes. Judges should support other programs that assist former inmates

with housing and jobs, the lack of which are impediments to community re-entry.

Individuals on probation and parole frequently have those terms needlessly extended due
 to minor technical violations of parole. In such situations, terms of probation and parole

can sometimes end up lengthier than the original term of imprisonment. This situation is

unacceptable, and as a judge, I will not needlessly extend terms of probation and parole.

8. ​Have you or anyone close to you ever been incarcerated? If yes, please share how it

impacted that person or you, and how it would affect your work as a judge. If no, how do

you take into consideration the impact of the decision to incarcerate someone without

having personal experience?

I nor anyone close to me has ever been incarcerated. While I do not have direct

experience with incarceration, I can understand how difficult it would be to be isolated

from family and friends in a dangerous and unpredictable environment. I would take a

compassionate approach and consider what each person means to their community,

including children who may grow up without a parent during their formative years. I

would avoid incarcerating those arrested, but not convicted, and those who have

committed non-violent crimes.

9. Individuals held on probation detainers account for over 50% of the city's jail population,

and individuals are often held without signed judicial warrants. What do you think of

this?

In short, this should be prohibited. Such detainers compound the factors that lead to

criminal activity in the first place—including the loss of employment and income. Judges
 should decide whether probation violators should be incarcerated after a fair hearing in

which the person arrested is represented by counsel.

10. Philadelphia is at the center of the opioid crisis. In order to prevent more deaths,

advocates have worked on harm reduction initiatives including needle exchange

programs, Narcan distribution, and overdose prevention sites. What can judges do to

help expand and protect programs to combat the opioid crisis and continue to reduce

harm? How do you feel about the Court of Appeals for the Third Circuit overturning the

lower court's decision that made safe injection sites in Philadelphia legal?

Judges can support drug courts and programs to address addiction when it is the

motivation for criminal behavior. Additionally, judges should consider every aspect of

an individual's background when imposing a sentence, which means considering an

offender's history of addiction and their reasons for committing crime. Safe injection sites

are likely to save lives and reduce crimes, so the Third Circuit's decision is unfortunate.

The primary purpose of injection sites such as Safehouse is to provide treatment, not

controlled substances, and therefore should not be prohibited under federal law. I hope

that other courts throughout the country will see this clearly, and the Third Circuit's

opinion will be an outlier.

11. According to a 2019 report from the National Coalition for Child Protection Reform

(NCCPR), Philadelphia now leads the country in removing children and placing them in

foster care. What do you see as the long-term effects of this? What can judges do about
 this?

These are complicated issues because a judge often deals with the lesser of two

undesirable options. A typical choice might be between parents who are unfit because of

substance abuse issues and foster parents who may not treat children well, will not love

them as much as their parents, and will not be a long-term solution. The judge must

determine the best interests of the child, and safety is paramount. Each of these situations

is different, but I would prioritize solutions in which the parent remains in the child's life.

This type of solution would be more successful if courts could partner with substance

abuse treatment options, which would provide a better opportunity to keep children

united with their parents.

12. How would you factor in a parent's drug history or criminal record in dealing with a

custody matter?

As stated above, the judge must determine the child's best interests, and safety is

paramount. A parent's drug history and criminal record are relevant if it is close to the

present time and there is an indication that such activity will continue and lead to

potential harm to the child. However, each case is different. If a parent was seeking

treatment for drug use or past criminal activity that arose from economic pressure or loss

of employment, I might give less weight to the drug history or convictions.

13. Have you experienced or known someone who was subject to domestic violence? What
 do you think the court's role should be in intervening in such situations?

I do not have personal experience with domestic violence. I believe the courts need to act

quickly and decisively to prevent potential harm. The courts should diffuse violent

situations and make sure that victims have a safe environment. Attorneys do not represent

most people seeking Protection from Abuse, and I support a right to counsel in such

situations. I would support domestic violence diversion courts and educational resources

for victims.

14. Noncitizens may face mandatory deportation if convicted of certain offenses. Do you

think it is appropriate for prosecutors, judges, and criminal defense attorneys to work

together to resolve cases in ways that avoid disproportionate immigration consequences?

Would you accept immigration-neutral plea agreements and/or sentence defendants to

allow them to avoid deportation?

I believe that the system should work together to resolve cases to avoid disproportionate

immigration consequences. I would accept immigration-neutral plea agreements or

sentence defendants to avoid deportation if the crimes were amenable to such agreements

and sentencing.

15. Do you personally know anyone who is undocumented? If yes, how would this

experience shape your work as a judge? If no, how can you make decisions affecting

undocumented community members without this personal experience?

 I do not know anyone personally who is undocumented. Even though I lack personal

experience, I can envision seeking a better life in a new country as my ancestors did at

the start of the previous century. I realize that there is a constant threat of being sent back

to what might be a dangerous and precarious living situation, and I would be mindful of

that when dealing with undocumented immigrants. Immigrants, many of whom traveled

to the United States at great risk to themselves and their families, are critical to our city's

fabric and have earned the right to stay.

16. 86% of women who enter the Philadelphia courts have experienced some form of trauma,

and this is especially true for Black women. How would such trauma inform your

decision-making as a judge? Would you consider alternatives to incarceration for people

who have experienced trauma, and if so, what types of alternatives? What practices have

you seen used that you appreciate?

I would consider trauma to be a mitigating factor in a sentence. If trauma caused mental

illness or led to addiction, these are the issues that sentencing should address with

diversionary programs that are rehabilitative and not punitive. I support a

trauma-informed approach that assesses an individual's needs and considers options such

as counseling, housing services, family services, and mental health treatment.

17. Current PA state law allows children under 18 to be prosecuted as adults in some cases,

despite growing efforts locally and nationally to remove children from the adult system.
 Do you believe that children should ever be treated legally as adults? Please explain.

What, in your view, are the long-term impacts of incarcerating children in adult jails and

prisons?

I do not believe that children should be treated legally as adults. The goal of incarceration

should be rehabilitation and avoiding recidivism. Studies have shown that treating

children as adults accomplishes neither. Children are more malleable and have a better

chance of rehabilitation. Exposure to the adult prison population provides negative role

models and is likely to cause bad habits, increase recidivism, and put the child's life in

danger.

18. According to EvictionLab.org, in 2016 Philadelphia led the country in eviction rates at

3.84%, 1.14% higher than the national average. Today, as a result of the COVID-19

pandemic, unemployment is at a record high and an even greater eviction and foreclosure

avalanche is looming. ​Adding to the problem, there is a sharp disparity in representation

between landlords (who are usually represented) and tenants (who are usually

unrepresented) in eviction disputes. What would you do as a judge to stop the eviction

and foreclosure crisis?​ ​How can judges support the implementation of the Right to

Counsel legislation to ensure fair representation?

Judges can encourage mediation in which the landlord and tenant work out a deal to

avoid an eviction proceeding or owner and bank work out a deal to prevent a foreclosure.

I have seen this mediation approach work first-hand in helping the parties resolve over a
 dozen potential eviction matters as an eviction diversion volunteer mediator. If an

eviction hearing does have to go forward, I will support a Right to Counsel and grant

continuances to allow a tenant or owner to obtain counsel.

19. Have you or someone close to you ever been evicted or foreclosed on? If yes, please

explain and describe how this experience would affect your work as a judge. If no, how

would you make decisions that impact the community without this personal experience?

I do not have personal experience with eviction or foreclosure. Even without personal

experience, I can imagine losing one's home and having no place to go would be

devastating. Evictions and foreclosures affect not only individuals but also families,

extended families, and communities. I would be mindful of the ramifications of evictions

and foreclosures, which courts should try to avoid entirely or soften the impacts.

20. Regardless of whether the landlord or tenant 'wins' an eviction case or if the case is

ultimately dismissed, an eviction ​filing b​ y a landlord leads to a permanent public

record.that any future landlord can view online. There are close to 24,000 eviction filings

a year and tenants often have issues renting because of the record. What is the court's

role, if any, in addressing this obstacle for tenants?

I realize the severity of the issue and have represented tenants, and I am an active

volunteer mediator in the City's Post-Covid Mandatory Eviction Diversion Program. I

believe that the court should continue to divert cases away from the eviction program
 through mediation. To the extent possible, I would encourage landlords not to file for

evictions. I also support expunging any eviction filing within a short time.

21. Are you a landlord? If yes, how many rental properties do you own?

I am not a landlord.

22. The majority of consumer debt collection cases are filed by corporate debt buyers against

unrepresented defendants and result in default judgments. What is the role of the

judiciary in ensuring due process for unrepresented defendants in these civil matters?

Judges should make sure that the defendant received notice of the hearing and attempted

to retain counsel. I would encourage the defendant to obtain counsel and continue a

hearing to allow the defendant to explore ways to get low or no-cost counsel. If the

defendant was not represented and or not present, I still believe judges must make sure

that the debt was legitimate and would review the debt for excessive fees and interest.

23. In a 2015 analysis, ProPublica found that the rate of judgments stemming from consumer

debt cases was twice as high in mostly Black neighborhoods as it was in mostly white

ones. What role should the judiciary play in addressing these racial disparities?

Judges should consider this issue and review all consumer debt for excessive fees and

interest. I support a civil right to counsel any time a person's fundamental rights or due

process is threatened, including consumer debt actions. Effective counsel would go a

 long way toward reducing this disparity.

24. What role should judges play in making courts more transparent and accessible to

members of the community? What will you commit to do if elected judge?

I believe that the courts should be open and transparent, and except for privacy issues

concerning the parties, I would invite the public to attend. I will commit to an open

courtroom. Courtroom procedures are often opaque and confusing. Every day, I would

ensure that I clearly explained the parties' rights and the process in the courtroom to all in

attendance. Such transparency would improve accountability.

25. What avenues will the Philadelphia community have to hold you accountable to the

values that you express during your campaign, if you are elected?

I believe that all public officials are accountable in print media, internet media and social

media. I would welcome any comments or inquiries to my chambers regarding my failure

to hold to my values. Should I be elected, I trust this coalition to closely follow my

decisions and hold me accountable should they stray from my stated values.