Mark Pauley - District 11 | ACLU West Virginia

Please provide some basic information about yourself.

Name Mark Pauley

Office Sought House of Delegates

City/Town Spencer

Email Address mark.pauley.wv@gmail.com

From 1980 to 2016 the West Virginia state prison population has increased by 470%. What, if anything, would you change to reverse this trend?

We desperately need to review our practice of locking up non-violent offenders. Our counties could spend that money on something far more effective in our communities than a jail bill. Removing imprisonment from certain offenses would be a great start.

Civil asset forfeiture is a process where police can seize any property "related" to criminal activity and later can file a civil case to forfeit the property to either be used or auctioned for money which is shared between the police department and local prosecutor. This can happen regardless of whether there is a criminal conviction or even criminal charges brought against a person.Proponents say this is a useful tool for taking ill-gotten gains from criminals and funding police work, and that legal protections adequately prevent abuse of the system.Critics say the system amounts to theft, that many people cannot afford the legal costs to challenge a forfeiture action, and that it creates a perverse incentive for police.Do you support or oppose the practice of civil asset forfeiture? What, if any, reforms would you make to the practice?

I oppose civil forfeiture for low level crimes such as "possession w/ intent" because I believe it does create an incentive for taking cash from people who won't be able to afford to contest the civil case. The family members of the person committing the crime do not deserve to not make rent because the family's entire budget was in the pocket of a person arrested for a victimless crime.

More than half the population of West Virginia's regional jails are pre-trial. That means they haven't been found guilty of any crime yet. Most are there because they could not afford bail, though some are there because they were denied a chance to post bail. What changes, if any would you make to our pretrial and/or bail system to balance concerns about safety and court efficiency with ensuring we are not incarcerating people without due process?

Not having the chance to post bail could be reversed by requiring magistrates to once again do an arraignment at any hour of their time on call.

In 2015 West Virginia passed significant reforms to the juvenile justice system. Despite these reforms, the State still utilizes out of home placement at a high rate for system-involved youth. What, if anything, should West Virginia do to reduce out-of-home placements for system-involved juveniles?

I believe to address this problem, we need to take a better look at why they are being displaced, and if the displacement is justified for their safety, then we must address the root of the problem. I would hate to reform to the point that some children are falling through the cracks and remaining in dangerous environments.

West Virginia has a very low voter participation rate. What changes, if any, would you make to increase voter participation?

That's a good question...I'm not sure voting could be any more convenient than it currently is with polls in many rural areas of counties...voter apathy is a tough problem to solve.

Over the past few years, there has been legislation aimed at requiring the Bible to be taught in public schools, allowing a Bible-based elective, or faith-based drug prevention electives. What is your stance on incorporating religion into the public schools?

Anything faith based extra curricular activities - of any faith - shouldn't be an issue; however, curriculum and instruction time should be reserved for educating the types of things that employers and secondary education are going to look for on applications and test scores.

At least 20 states have passed laws prohibiting discrimination in housing, employment, and public accommodations on the basis of sexual orientation and gender identity. 13 West Virginia municipalities have similar protections. Do you support or oppose a statewide law prohibiting discrimination on the basis of sexual orientation and gender identity in West Virginia? Why?

I completely oppose discrimination practices that prohibit anyone from receiving basic human rights and civil liberties for any reason.

In December 2019, Governor Justice announced that West Virginia would continue accepting refugees. Do you support or oppose accepting refugees in West Virginia? Under what conditions? Why?

I believe the beauty of West Virginia is that we have always been a refuge for those in need. I support accepting refugees - but - I also see the need to use smart, comprehensive screening processes in the same manner I employ by being selective of who I allow into my home. We have to be intelligent AND compassionate. I think most would agree with that statement.

Q10

Over the past few years, some states have continued to erode protections and access to abortion care. Other states have done the opposite and codified abortion rights that had previously been defined by courts. Do you favor further restrictions to abortion, expanding or codifying abortion rights, or taking no action on abortion?

No action. Most of my constituents are either Pro-Life or Pro-Choice in cases of rape, incest, and life of the mother.