Name: Steven Fagenstrom

Age: 66

Occupation: Cascade County Justice of the Peace

Party affiliation: Nonpartisan

Experience relevant to position sought: This is my 20th year as a judge and my 40th year as an attorney

Campaign website/social media accounts: Facebook, website

Q: Why are you running for justice of the peace? 

A: The Justice Court and municipal courts are where the vast majority of citizens interact with the court system. I have been helping people in my community work through their legal matters by treating them with respect and ensuring that they have a fair opportunity to be heard. I am the only candidate with both legal and judicial experience. As our community grows, the demands on the court system have increased and I believe that it is important to have someone with experience in Justice Court to address the growing demand.

Q: What do you believe is the role of a justice of the peace?  

A: A judge must have more than just knowledge of the law. A judge must also have experience dealing with the cases that come before the court. A judge’s decisions must adhere to the law but also address the individual circumstances of each case, and also be consistent with the treatment of other litigants who have had similar cases.

Q: What do you believe are the top three challenges facing Cascade County?  

A: I was born and raised in Cascade County. I believe that our economic development is lagging behind other areas of the state. In particular, the cost of living is exceeding the increase in wages and job opportunities. We have a significant drug problem that has not been significantly addressed and we are seeing an increase in offenses of non-alcohol DUIs.

Q: If elected, what would be your initial priorities and how would you accomplish those goals?

A: Cascade County Justice Court has been operating out of a single courtroom in the courthouse. Similar-sized communities have had to expand their courts to multiple courtrooms, and our own Great Falls Municipal Court has expanded to two judges and two courtrooms. In the future, the Justice Court will need to expand to meet the growing needs of the community. I will work with the county to address the future needs of the court, recognizing that resources are limited and every expansion comes at a cost to the taxpayers of our county.

Q: How would you conduct public outreach on controversial matters before the county, or to promote a general understanding of the county’s public process as it pertains to Justice Court?  

A: Separation of powers precludes the court from addressing controversial matters that the county government may face. With regard to public access to the court’s processes, the court’s proceedings are generally open to the public and all are welcome to observe.

Q: How would you approach working with county and city officials to address broader community needs and goals?

A: I have and will continue to work with law enforcement to ensure that our jails are not overcrowded while also ensuring that individuals who are a threat to our community are properly restrained and monitored.

Q: What do you believe a justice of the peace can, or should, do in relation to improving public safety?  

A: The Justice of the Peace has to balance the individual constitutional rights of an accused person with the needs of the public to be safe from persons who have demonstrated a criminal propensity. Each individual situation is different and must be addressed based on the circumstances in each case. The judge must determine appropriate controls or sanctions to effect both justice for the individual and address safety concerns of the general public.

Q: How would you work with law enforcement to ensure public safety?

A: Separation of powers and other constitutional provisions preclude the court from “working with law enforcement” to ensure public safety. That is not really what the court does. As I have indicated, public safety is one of the considerations that the court must address when looking at the individual circumstances of each defendant’s case.

Q: How would you work with the sheriff’s office in terms of jail overcrowding as it relates to those awaiting trial? 

A: I have addressed this question in my other answers.

Q: How would you approach sentencing to ensure fairness to those convicted, victims and the community while also addressing public safety?  

A: Sentencing is a complicated process that must take into account numerous components as set forth in statutes and as required by the Constitution and Supreme Court case law. Each sentence is done on an individual basis taking into account the specific factors and elements of each offense, the effects that a sentence will have on the defendant and the community, the ability of the defendant to follow the sentence, and the consistency of the sentence with others who have been sentenced for the same offense.

Q: What do you believe a justice of the peace can do to ensure speedy trials and lessen the backlog of criminal cases in the local court system?  

A: The court must work with the attorneys who appear on behalf of the litigants to move cases through the system.  When an attorney attempts to manipulate the system to gain a tactical advantage, the court must resist those attempts to alter or game the system. When everyone involved is working to achieve justice then the court system works properly and efficiently.

Q: What do you envision your working relationship with court/county staff would look like?

A: The court staff is extremely competent, I have an excellent working relationship with them and rely upon them heavily to ensure that our system functions properly.  I will continue this working relationship if I am re-elected.

Q: Any additional comments on your plans if elected (but please be concise)?  

A: As I stated earlier, there are two judges in Justice Court being elected in this election. I am the only candidate with legal and judicial experience. I am the only candidate who already knows how to do the job. Everyone else will have to learn the job, either from me, or try to learn the job as they do it.