Incumbent Judge Ben Trotter, left, answers a question at Candidates Night while Stuart Richardson, center, and Brenda Ingram wait to speak.
The second question asked the candidates if they felt Churchill County needed a second JOP. According to all three, a county’s number of justice court judges is based on population and must reach 50,000 before another judge is needed.
As this question was quickly answered, the candidates again used their allotted time to address Ingram’s belief that Trotter’s current job performance is lacking. The clerk’s office is so busy that they routinely go to her at Court Services for help. She feels that in his leadership role, Trotter should be in the office, offer real assistance with the daily operations of the court, and act as the clerk supervisor since that position is currently vacant.
Trotter acknowledged that he has not filled the chief clerk position, which is at-will, stating, “It would be completely unfair to whoever took that position because during an election process, they could potentially lose their job.”
Richardson, also jumping back to the Ingram-Trotter discourse, painted a different picture of the court clerk’s office. Rather than overwhelmed, harried, and overworked, Richardson believes the clerks are highly efficient and excellent in their duties.
The candidates were also asked about their thoughts on transparency and an expanded justice system through resources like Zoom and public access to the court. Trotter, Ingram, and Richardson widely support the current process of Zoom-accessible court hearings.
Ingram agreed that Zoom is a valuable component of expanded justice. However, she heartily disagrees with the practice of allowing defendants to appear by Zoom and not have to face the court or their victims. She noted one case in which a defendant elected to appear by Zoom while parked outside the courtroom. Trotter stated that in all crimes against persons, defendants must appear in person and that Zoom is most beneficial in cases where the defendants are out of town or out of state.
Richardson commented that Zoom can greatly assist when it is necessary to arraign defendants outside of courtroom hours. Zoom offers a way to ensure constitutionally protected rights are available to all defendants at all times.
When asked how important judicial committees or other entities outside the court are in aiding with job performance as a judge, Richardson expressed the value of outside entities in offering education and support. He and Trotter commented on the benefits of having the National Judicial College at UNR nearby and easily accessible. Ingram also touted the importance of judicial committees.
However, she also stated, “They must be done in a way that minimizes the risk of conflict with their duties as judge.”
Finally, the candidates were asked to describe their personal ethics in relationship to judicial ethics. Richardson told the room that this is really what is at the heart of this job for him.
“From the bench, you have to make decisions that are fair. I am a conservative Republican; I believe in the Constitution,” Richardson said. “I don’t think you can take away a person’s liberty, life, or property without due process. That’s my personal feeling and as a judge, it’s mandatory. You have to be sure in your mind that you are doing the right thing. For me, they are one and the same. I couldn’t be any other way.”
Trotter explained the Code of Judicial Conduct is quite extensive.
“The way I look at it is that I try to make decisions from the bench that build trust in the judiciary and adhere to the code. I disclose when I have more than a superficial relationship with a party, I don’t use my position for personal gain, I try to give everybody a chance to present their case and I don’t delay my decisions,” Trotter said. “Fair and impartial, professional and consistent are my goals and essentially what the code requires.”
Ingram went on the record stating that as judge, “I will make my own decision, not what the attorneys agree to,” again referring to the issue of OR releases.
She summed up her personal belief by sharing a quote by former U.S. Supreme Court Justice Potter Stewart, who said, “Ethics is knowing the difference between knowing what you have a right to do, and what is right to do. I always strive to do the right thing.”
The forum revealed intense competition for the Justice of the Peace role with candidates presenting starkly different styles and beliefs. Early voting and the June 11 primary election will determine which two candidates advance to the November ballot.
The Fallon Post and Lahontan Valley News, along with the Churchill County Republican Central Committee, sponsored Candidates’ Night, which was recently held . Both newspapers are sharing articles on the candidates seeking elected office on the Churchill County Commission, Justice of the Peace, and Fallon mayor.
The event was broadcast by KVLV-AM and KKTU-FM radio stations and streamed live on Network1Sports. For the Lahontan Valley News, Editor Emeritus Steve Ranson reported on the mayoral candidates. Publisher and owner of The Fallon Post Rachel Dahl reported on the challengers for county commission, and Leanna Lehman, the editor of The Fallon Post, reported on the three Justice of the Peace contenders.
The candidates vying for the Churchill County New River Township Justice of the Peace (JOP) judgeship include incumbent Judge Ben Trotter, Court Services Director Brenda Ingram and Justice Court Pro-Tempore Stuart Richardson, Esq.
During the forum, candidates answered questions given to them in advance by event hosts.
Judge Ben Trotter began by answering the first question, which asked what the Justice Court does and the role of the JOP. Trotter explained that it is the court where every Churchill County case begins, excluding those handled in Fallon Municipal Court. The court handles traffic infractions, evictions, misdemeanor and felony cases. And, of course, marriages, which Stuart Richardson generally performs in his role as Justice Court Pro-Tempore.
According to Trotter, the Justice Court office is extremely busy with several court clerks performing many tasks inside and outside the courtroom. In addition to judicial duties, the JOP is head of the department, ultimately responsible for his staff, and must act in a supervisory capacity.
Ingram deferred to Trotter’s explanation and quickly launched into her two-minute time allotment by criticizing Trotter on multiple fronts. First, Ingram openly disagreed with what she considers Trotter’s routine practice of allowing defendants to be released from custody on their own recognizance (OR), which means they do not have to post bail. She believes this poses a danger to the community and feels Trotter’s overall interpretation of the Valdez-Jimenez ruling that governs how courts handle bail hearings is inaccurate.
According to Ingram, Trotter is too loosely interpreting the ruling, routinely granting OR releases to defendants, upon which many quickly abscond or fail to meet the terms of their release and must be brought back into custody at taxpayers’ expense. Further, Ingram stated several of these defendants are often granted another OR release, and the cycle continues, potentially jeopardizing the safety of the community and victims. “He has interpreted the law to mean he has to release these people, and that is absolutely not the case.”
Ingram also criticized Trotter’s work practices by stating he is often out of the office, leaving what she alluded to as his overburdened staff to shoulder an immense load. Ingram said Trotter’s routine absences are unacceptable.
“It is a very busy office, which is why a justice of the peace should be there all day,” she said.
Trotter’s response was that he firmly stands by his interpretation of the Jimenez ruling and explained how it “flipped the script” on OR releases. Now, prosecutors must prove that a defendant does not qualify for an OR and demonstrate by clear and convincing evidence the need for detention when asking for unattainable cash bail.
In rebuttal to Ingram’s disapproval of his management style, Trotter said, “I am absolutely available…and have been available to my staff 24/7, and I have been available to this entire community 24/7, 365. When it’s alleged that I show up at work and am gone in an hour and half, that does happen on occasion. I do not get vacation; I do not get sick time, I am an elected guy on a salary.”
He also noted that he has accumulated over 750 hours of judicial training during his time away from the office.
Stuart Richardson proved to be an able buffer and amiable contender. He shared how passionate he is about what a JOP does.
“It’s an awesome experience,” Richardson said. He also addressed a JOP’s time away from the office, stating, “The JOP is on call 24/7.”
In cases where individuals are arrested, the statute requires their arraignment within 48 hours. Thus, anyone arrested on a Friday night must see the judge before Monday, which requires them to work outside regular court hours. Richardson feels the system is working, and the judge’s presence in the court office is not always necessary.
The second question asked the candidates if they felt Churchill County needed a second JOP. According to all three, a county’s number of justice court judges is based on population and must reach 50,000 before another judge is needed.
As this question was quickly answered, the candidates again used their allotted time to address Ingram’s belief that Trotter’s current job performance is lacking. The clerk’s office is so busy that they routinely go to her at Court Services for help. She feels that in his leadership role, Trotter should be in the office, offer real assistance with the daily operations of the court, and act as the clerk supervisor since that position is currently vacant.
Trotter acknowledged that he has not filled the chief clerk position, which is at-will, stating, “It would be completely unfair to whoever took that position because during an election process, they could potentially lose their job.”
Richardson, also jumping back to the Ingram-Trotter discourse, painted a different picture of the court clerk’s office. Rather than overwhelmed, harried, and overworked, Richardson believes the clerks are highly efficient and excellent in their duties.
The candidates were also asked about their thoughts on transparency and an expanded justice system through resources like Zoom and public access to the court. Trotter, Ingram, and Richardson widely support the current process of Zoom-accessible court hearings.
Ingram agreed that Zoom is a valuable component of expanded justice. However, she heartily disagrees with the practice of allowing defendants to appear by Zoom and not have to face the court or their victims. She noted one case in which a defendant elected to appear by Zoom while parked outside the courtroom. Trotter stated that in all crimes against persons, defendants must appear in person and that Zoom is most beneficial in cases where the defendants are out of town or out of state.
Richardson commented that Zoom can greatly assist when it is necessary to arraign defendants outside of courtroom hours. Zoom offers a way to ensure constitutionally protected rights are available to all defendants at all times.
When asked how important judicial committees or other entities outside the court are in aiding with job performance as a judge, Richardson expressed the value of outside entities in offering education and support. He and Trotter commented on the benefits of having the National Judicial College at UNR nearby and easily accessible. Ingram also touted the importance of judicial committees.
However, she also stated, “They must be done in a way that minimizes the risk of conflict with their duties as judge.”
Finally, the candidates were asked to describe their personal ethics in relationship to judicial ethics. Richardson told the room that this is really what is at the heart of this job for him.
“From the bench, you have to make decisions that are fair. I am a conservative Republican; I believe in the Constitution,” Richardson said. “I don’t think you can take away a person’s liberty, life, or property without due process. That’s my personal feeling and as a judge, it’s mandatory. You have to be sure in your mind that you are doing the right thing. For me, they are one and the same. I couldn’t be any other way.”
Trotter explained the Code of Judicial Conduct is quite extensive.
“The way I look at it is that I try to make decisions from the bench that build trust in the judiciary and adhere to the code. I disclose when I have more than a superficial relationship with a party, I don’t use my position for personal gain, I try to give everybody a chance to present their case and I don’t delay my decisions,” Trotter said. “Fair and impartial, professional and consistent are my goals and essentially what the code requires.”
Ingram went on the record stating that as judge, “I will make my own decision, not what the attorneys agree to,” again referring to the issue of OR releases.
She summed up her personal belief by sharing a quote by former U.S. Supreme Court Justice Potter Stewart, who said, “Ethics is knowing the difference between knowing what you have a right to do, and what is right to do. I always strive to do the right thing.”
The forum revealed intense competition for the Justice of the Peace role with candidates presenting starkly different styles and beliefs. Early voting and the June 11 primary election will determine which two candidates advance to the November ballot.