Stuart RIchardson didn’t respond to the questionnaire.
Brenda Ingram is director of Court Services for Churchill County. As director of Court Services, she manages the day-to-day operations of the department, prepares and manages the budget, writes and administer grants, formulates policies and procedures and supervises staff.
Ingram
1. What experience do you have to be an effective Justice of the Peace?
I’ve spent 2/3 of my life serving our community, having worked for Churchill County for over 34 years. I possess a wealth of institutional knowledge about the court system. During my 18 years in the Justice Court, I worked diligently in every capacity, including Chief Court Clerk, ensuring a well-functioning and efficient court.
In 2009, I was appointed Director of Court Services, a new department aimed at addressing jail over-crowding and improving the efficiency and cost-effectiveness of our criminal justice system. As director for the past 15 years, I’ve been a department head and leader. I have developed excellent working relationships with other department heads, as well as a vast network of colleagues throughout the city and state.
My 30-plus years of experience in the court system and my knowledge of how the Justice Court should function, in the courtroom and in the office, has prepared me for this position.
2. How do you handle conflicts of interest as a JOP?
It is crucial that a judge remains independent, fair and impartial in all cases. If a conflict of interest is present in a case, the judge is required to make it known and to recuse themselves from the case. This occurs even when the judge thinks he or she can be objective or impartial, but their impartiality might reasonably be questioned by others.
Churchill County maintains a list of Judge Pro Tempores to preside over such cases and I will not hesitate to utilize this option if a conflict exists or may be perceived to exist.
3. How important are judicial committees or other entities outside the court to aide with job performance as a judge?
It is important to remain engaged in the community and to participate in appropriate activities inside and outside the court. Judicial Committees are not only helpful to the purpose of the committee, but also keep the judge informed on the relevant issues facing the judiciary.
However, while a judge’s participation in extrajudicial activities outside the court is encouraged and allowed pursuant to the Code of Judicial Conduct, it must be in a way that minimizes the risk of conflict with their duties as a judge.
There are restrictions placed upon judges when participating in activities outside the court. These restrictions are important to adhere to, in order to minimize the risk of the appearance that the activities are coercive or that they may undermine the judge’s impartiality, independence or proper performance of their duties. I will adhere to the Code of Conduct when participating in extrajudicial activities outside the court.
4. How important is Drug Court when sentencing an individual who would or could appear before you?
The Justice of the Peace can’t sentence an individual to Drug Court. That’s done by the District Court Judge.
However, I support the use of specialty courts such as the drug court, mental health court, DUI diversion court and veteran’s court. They give offenders the opportunity to receive the help they need, and after successfully completing the program, their criminal case will be dismissed or reduced. These programs can save the individual from the ramifications of having a felony on their record and give them the life skills and tools they need to overcome their issues. This leads to more successful lives and reduced recidivism.
While District Court has diversion courts for Felony and Gross Misdemeanor cases, I think it would benefit our community to offer diversion opportunities to misdemeanor offenders as well. If elected, I plan to pursue grant funds to bring a misdemeanor diversion option to the Justice Court.
5. Describe your personal ethics in relationship to judicial ethics?
There’s a quote on my website by Potter Stewart that says, “Ethics is knowing the difference between what you have a right to do and what is right to do.” I apply this to my personal ethics.
I strive to always do the right thing, even when I don’t have to, personally. But judicially, it’s a must. The Supreme Court of Nevada ordered the Nevada Code of Judicial Conduct that limits the actions and activities for judges, even though they may be legal for others to do, to avoid impropriety or even the appearance of impropriety.
For example, I have spoken about Mr. Trotter’s leaving the office to campaign during the court’s business hours. Is it legal for him to do this? Perhaps. Is it ethical? In my opinion it's not. If I were the judge, I’d be in the office during working hours, not out promoting my own ambitions.
6. How do you define teamwork in your office?
Teamwork in my office consists of employees working together to accomplish the goals of the office. Everyone is cross-trained and willing to help each other complete their tasks, for the benefit of the office and the public that we serve.
It is an efficient, supportive, and happy environment that employees enjoy being in. That translates to good service for the public.
7. How would you involve a situation involving a staff member who was accused of a crime or a staff member who accused you of a crime?
I believe that everyone is entitled to due process and that no rash decisions should be made based on an allegation.
If a staff member was accused of a crime, I would notify Churchill County Human Resources for guidance on the appropriate action to take, pursuant to county code. There may be differences in how the county is required to handle an incident depending on if the crime is related to the job they are doing, or if it is alleged to have occurred outside of the office.
If a staff member accused me of a crime, I would also confer with Human Resources and the District Attorney’s office for the proper steps to take. I would cooperate with any investigation.
8. What would a typical week look like for you as a JOP?
A typical week with me as Justice of the Peace would be an efficient use of time throughout the whole day to accomplish all the work of the court.
I support a stacked calendar on all days of the week, so that if a case goes off calendar, there’s another one to take its place. This way you don’t have the large gaps in between cases that the current JOP says are happening all the time, and that’s why he leaves the office with nothing to do. And if there is down time, I know how to help the very busy staff.
I worked in the office for 18 years. I know how to manage cases and create legal documents and do not find that beneath me to do.
9. What are your thoughts of transparency and an expanded justice system through resources like Zoom and public access to the court?
I believe in transparency in the courts. Documents that are deemed to be public records need to be readily available to the public to view.
I support Zoom in the courts, on a limited basis. I agree with inmates appearing by Zoom from the jail to preserve officer safety and efficiency. Allowing the public to view court proceedings via zoom, and Zoom appearances for attorneys, officers and individuals who are otherwise unable to appear in person are situationally appropriate.
However, a big part of being held accountable for a crime is being personally present in court to face victims and be sentenced. After all the work that officers put in to investigate crimes and make arrests, along with all the research, paperwork and preparation put forth by the prosecution, and the trauma that a victim may have suffered, it is unacceptable for a person to be sentenced from the comfort of their home, simply because Zoom is available.
There should be more scrutiny when allowing defendants to appear by Zoom by the judge.
10. What do you see as the most significant challenges facing the justice system in Fallon and how do you propose to address them?
The most significant challenges facing the justice system in Fallon are the high rate of failures to appear for court and the high pre-trial recidivism (repeat offenses) rate. This is a result of high-risk offenders being released back into our community on their own recognizance.
I plan to address this by utilizing the Nevada Supreme Court’s evidence-based risk assessment to determine the risk of individuals, and only release those that are not a high risk to our community. This will reduce pre-trial recidivism and failures to appear for court, which will relieve law enforcement from the burden of arresting defendants multiple times for the same offense, and result in quicker dispositions, fewer opportunities to create more victims, and a safer community.
For more information about the issues facing Justice Court and my approach to fix them, visit my website at www.brendaingramforjp.com and follow me on Facebook at Elect Brenda Ingram Justice of the Peace.
Trotter will be seeking his second six-year term for justice of the peace. Prior to the 2018 election, Trotter served two terms as Churchill County sheriff. The former Fallon police officer first ran for sheriff in 2010 and was re-elected in 2014.
Trotter
1. What experience do you have to be an effective Justice of the Peace?
I have four college degrees including a Master of Business Administration. I have completed over 700 hours of judicial training, earning three educational achievement awards in my first term. I served over 24 years in law enforcement in our community including eight years as your elected Sheriff.
I have served over five years as your Justice of the Peace, in a court that has handled tens of thousands of filings, cases and hearings during my tenure. I believe, most of all, that my ability to remain neutral, think independently and be fair and impartial regardless of who is testifying, prosecuting, defending or watching make me a highly effective judge.
2. How do you handle conflicts of interest as a JOP?
Coming from a small town like Fallon, any judge is bound to know many people who appear before them.
I have had very few of these where that relationships required me to disclose or even remove myself from the case. This is because of my limited social interactions, not having business partnerships locally and having no family living locally. Many of my recusals came early in my term when I had freshly come from the Sheriff’s Office and were only when I knew too much about the case.
To alleviate any questions, if there is even a potential conflict, I disclose this and allow the attorneys and their clients to discuss whether they feel the conflict arises to the level of me removing myself from the case. The goals are always fairness, satisfaction by the parties in the process and, hopefully, improved trust in the justice system.
3. How important are judicial committees or other entities outside the court to aide with job performance as a judge?
I am a member of the Nevada Judges of Limited Jurisdiction (NJLJ) which is an organization of Justice Court and Municipal Court judges. This organization gives me contact points for assistance with conflicts of interest and for advice on cases. The organization as a body provides a significant resource of backgrounds and experience levels that can prove valuable when considering the variety of cases a justice court handles.
I have also benefitted from training opportunities presented by this organization and other entities such as the National Judicial College in Reno, the National Center for State Courts among others. The America Judges Association also provides a publication that covers many current topics. Learning and collaboration make all of us better at our jobs.
4. How important is Drug Court when sentencing an individual who would or could appear before you?
Justice Court does not facilitate or assign to Drug Court – a District Court function. When I sentence on a misdemeanor, it may or may not be with any knowledge of any pending Drug Court assignment. If there are negotiations between the parties that effect the sentence in my court based on the defendant’s performance in Drug Court, I generally go along with these agreements.
If a defendant is successful in Drug Court, and can carry that success further in their life outside of Drug Court, we have gone a long way toward this person becoming a contributor in our community. I often tell defendants from the bench that I am delaying certain sentence requirements so they can focus on success (and afford the costs required) in the Drug Court. At this time, Drug Court and/or rehab are the best options we have for rehabilitating addicted persons…which benefits our community.
5. Describe your personal ethics in relationship to judicial ethics?
Nevada’s Code of Judicial Conduct is quite comprehensive. I try to make decisions from the bench that build trust in the judiciary and adhere to the Code. I disclose when I have beyond a superficial acquaintance with a party.
I do not use my position for personal gain. I try to give everyone a chance to present their case and do not to delay my decisions. I avoid ex parte communication and do not talk about active cases publicly. If I know too much about a case or person, I step aside and bring in a judge who does not share this issue. I try to protect witnesses, victims and other court participants from undue attack in trials while still allowing parties to vigorously advocate their case.
Fair, impartial, professional and consistent are my goals and these align well with the Code.
6. How do you define teamwork in your office?
Teamwork in the justice court is paramount. Our staff are too busy to not work together. I help in those capacities allowed by the codes of conduct.
Teamwork means I am humble enough to take input from my staff. They know that I am available anytime they need me. We collaborate often with other users of the Court. The “team” includes all County departments. When I first became judge (even knowing the strong likelihood Brenda Ingram would run against me) I suggested to the County that her department should move into the downstairs office space of the Justice Court. This was not about me or politics but about doing what was best for the community.
Housing a department that works in the courts and jail in close proximity to them makes the judicial system more efficient. Teamwork means looking out for all the members of the team.
7. How would you involve a situation involving a staff member who was accused of a crime or a staff member who accused you of a crime?
I had to deal with this situation in my first term in office where a staff member stood criminally accused. My involvement was to remove myself and all my staff from involvement in the case outside of providing a facility and locating and paying for an outside clerk and judge to handle the case. We all were sensitive and supportive of our accused team member but did not want our involvement to adversely reflect on the fair handling of the case.
8. What would a typical week look like for you as a JOP?
A typical week for me includes civil hearings Monday and Tuesday morning. Hearings Monday afternoon for persons out of custody. Wednesday, Thursday afternoon and Friday are reserved for scheduled trials. Thursday morning is the busiest morning involving a large docket of defendants, district attorneys (DA), public defenders (PD) and other defense attorneys. On this morning I spend several hours on the bench handling cases.
Throughout the week, I see defendants who are in custody to explain their rights and the charges. Sunday (and sometimes Saturday) afternoon I hold bail hearings with the DA and PD since the Nevada Legislature changed the law requiring these within 48 hours of arrest. Every morning I review arrests from the night before, deciding if probable cause has been established.
Often, trials or hearings get resolved, continued, cancelled creating very frequent gaps in my workload or hearings are suddenly requested filling gaps that existed.
9. What are your thoughts of transparency and an expanded justice system through resources like Zoom and public access to the court?
Your Justice Court is already substantially more transparent than ever before.
We use Zoom daily for many types of cases and the log-in information is publicly posted on our website and does not change. This has allowed for unprecedented access to justice for people from all over the world, literally.
When I ran for this position in 2018 this was a primary goal of mine and COVID, with all the problems it caused, also created the opportunity to implement this virtual access in a meaningful way. I believe this kind of access to the Court is important and immensely efficient and I fully support continuing to make it a permanent part of your Justice Court.
10. What do you see as the most significant challenges facing the justice system in Fallon and how do you propose to address them?
Leniency vs protecting community. Nevada and the U.S. are trending toward leniency for criminals.
A judge can only be as “tough on crime” as the laws allow. Judges have discretion but if that discretion does not answer the mandates appearing as laws or rulings, more mandates will come that erode discretion and increase leniency for criminals. Ingram accuses me of leniency, but if I don’t walk the tightrope between my perspectives on leniency and the mandates I am sworn to uphold, I will be a contributor to our community becoming another Bay Area: crimes being decriminalized and havoc for businesses and residents.
I want to slow our pace of following California down this road - history has shown that we do follow. My part in this is to be cognizant of the long-term damage not judiciously complying with our current laws will cause since the judiciary is under intense scrutiny. Any opportunity the watchers can exploit will further the emptying of prisons through decriminalization, while tying the hands of victims to protect themselves.