Todd A. Kirby

Based upon the rules that apply to judicial candidates and sitting judges I am not permitted to speak on specific matters that may come before me. As this subject matter is likely to come before me if elected I must refrain from commenting. I would not want to say anything that could lead to my disqualification if this subject matter were to come before me in the future.

Please see answer to question number one.

Choose not to answer

Please see answer to question number one.

Please see answer to question number one.

Religious liberty is a bedrock of our nation and its founding principles, and it is guaranteed within the First Amendment of the U.S. Constitution. As with all of our God-given fundamental Constitutional rights it is the role of the judiciary to ensure that these rights are not unlawfully infringed upon by the government or other individuals.

Based upon the rules that govern judicial candidates and sitting judges I am not permitted to answer questions that are related to cases or subject matter that are likely to come before me. As such, I am unfortunately unable to give a response to this question.

Based upon the rules that govern judicial candidates and sitting judges I am not permitted to answer questions that are related to cases or subject matter that are likely to come before me. As such, I am unfortunately unable to give a response to this question.

While our criminal justice system is not perfect by any means, it is the best system of its kind when compared to every other country. The basic understanding that every defendant is innocent until proven guilty should not be treated as hollow words. Our system must continue to protect the innocent and victims of crimes while holding those found guilty responsible and punishing them accordingly. Having an extremely high burden of proof for criminal cases, as well as the inherent constitutional protections afforded to defendants, helps reach just and proper results in most cases. While no system is perfect, I believe our criminal justice system strikes the right balance by taking all of the important and relevant interests into account. These stakeholders include the public at large, the accused and the victims, these are the interests that are protected as much as possible within our current criminal justice system.

Judges and appellate courts must ensure that the convictions were reached in way that did not violate any of the defendant's Constitutional rights. These cases are some of the most important cases judges and appellate courts are tasked with deciding. When determining remedies once it is determined that an error was committed the court should determine whether or not that error was substantive or harmless. In other words, there must be an analysis as to whether the violation itself caused an unjust result and whether or not the violation was substantive in nature. These cases require an in depth analysis and serious consideration due to the high stakes and consequences that hang in the balance.

It is expressly enshrined within the Second Amendment of the U.S. Constitution and should be given the proper respect that it deserves. The founders understood that an armed citizenry is the best way to ensure that liberty and freedom continue to flourish for generations to come. An unarmed citizenry creates a significant risk of a tyrannical and oppressive government, one in which citizens become subjects at the mercy of the state.

The three branches were intended to be coequal and independent entities with distinct responsibilities and roles within our state and federal governments. They are each designed to provide a check on the power of the other two branches which ensures that our Constitutional Republic remains balanced and secure. When a particular branch exceeds its legitimate authority it is the duty of the other branches to bring that branch back within its rightful limits and bounds.

I am a principled Constitutional Conservative that believes in the sanctity of our founding documents and the principles they are founded upon. My judicial philosophy is based upon the basic truth that our rights come from our Creator, they do not come from Charleston or Washington D.C., or any other governmental body. The government's role, especially the judiciary, is to ensure that these rights are protected and secured for each citizen.

The Constitution and all of the founding documents created the most prosperous and free society in human history. While some specific issues could not have been contemplated during the time in which these documents originated, the underlying principles can still be applied to current issues. In doing so, courts must apply the basic truths and unwavering principles set forth in the Constitution, including the right to life, liberty and the pursuit of happiness, to current issues when ruling.

The current justice that I admire the most is Justice Clarence Thomas. I respect him both for his judicial reasoning and thorough understanding of Constitutional principles as well as his resilience, courage and boldness. I also admire his respect and reverence for the Constitution and his stance that the rights it protects are sacrosanct and not susceptible to the whims of time or new modern interpretations.

I am not permitted to speak on specific cases or issues that may be before or subject matter that is likely to be a case before me in the future, as such I am not permitted to answer this question.

When a case involves clear and unambiguous text, whether constitutionally or statutorily, then the job of the judiciary is to apply the facts of each case to the clear meaning of that text or constitutional provision. When the text is ambiguous or silent then it is the role of the judiciary to apply the basic principles and intention of the Constitution or statutory text when interpreting the relevant language.

Judicial restraint is important for multiple reasons, but most importantly for the purpose of preserving the delicate balance between each of the three branches of government.The separation of powers is a vital constitutional doctrine dividing government into three independent branches; legislative, executive, and judicial. This helps prevent one branch from becoming too powerful and in doing so helps secure the citizens' liberty. When judges or courts act outside of their legal bounds by creating law from whole cloth or from refusing to implement existing law just because they personally disagree with the policy that is judicial activism. However, when legislation or existing precedent is clearly unconstitutional courts should not be afraid to act in a way that preserves the Constitution.and the freedom and liberty interests enshrined within it.

The proper role of a judge is to apply the law to each case that comes before them in an impartial and unbiased manner. Judges are given great responsibility and as such they have an affirmative duty to execute this responsibility in a way that comports with the Constitution and the law. The role of judges is not to argue one position or the other, their role is to call "balls and strikes" based upon a reasoned analysis of the facts of each case applied to the Constitution or the statute.

No, absolutely not.

The Constitution is, and should continue to be, the North Star for every decision reached by courts. It is not just the right of courts to deviate from unconstitutional law it is their duty to do so.

No

No

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I am a Christian who has a personal relationship with God, Christ and the Holy Spirit. I am a flawed man, but I am saved by Grace and I am blessed to be a child of God. My faith is extremely important to me and it is the most influential factor in the way that I view my role as a judge, as a husband, as a father and as a member of my community. My wife and I are very active in our church as volunteers and I feel very blessed that my children (5 and 9) have a home church that will help shape and mold their walk with God. All life is precious as it is gift from God, and that is what shapes my values. We are all God's children and we should treat each other accordingly, that is the way I try to live my life and what shapes my worldview.

I am unable to answer this question as it relates to an issue that will likely come before me. I do not want to say anything that would lead to my disqualification if this issue and subject matter were to come before me.

I am unable to speak on the specifics based upon the rules that govern judicial candidates and sitting judges.