Ask the judge

Numerous people have asked what I thought of Judge Baugh and his difficult last year on the bench. Since the grand jury decision in Ferguson, I have had even more people ask me about this. These are difficult issues, but here are a few thoughts.

 First and foremost, Judge G. Todd Baugh is an exceedingly kind gentleman. He is gracious, thoughtful, and has been an excellent judge for 30 years. Having said that, he made a mistake in the comments he made and the sentence he rendered, for which he is paying now.

Judge Baugh presided over somewhere north of 33,000 cases during his tenure. He has made thousands of good calls, and a few bad calls, as have all of us who have been in the trenches trying cases.

Throughout his time, however, he has tried his level best to get it right. Importantly, in light of the case which caused such acrimony, I don’t believe there is a mean bone to be found in Judge Baugh’s body.

A judge is many things — called to follow the law, balance accountability with mercy, with the goal to see justice accomplished. “Justice” is sometimes an elusive concept. You see, what one side considers justice, the other side may call a colossal mistake, or even worse. Judges are people, of course. While most judges try to be computer-like in rendering decisions, that is just not possible.

The Rambold case took on a life of its own, with people across the country weighing in. Unfortunately, the media amped up a heart-wrenching case for all involved. While I am pleased people in America have the right to protest, sometimes the cart gets before the horse in these situations.

Bottom line: Judge Baugh is a wonderful person. I will remember his long and successful career on the bench with warmth and admiration. I wish him all the very best in his next chapter. I will miss him.

The Ferguson uproar puzzles me. While I understand it is a tragedy when a person gets killed, and when police officers are involved the tragedy rises to another level, and when a white police officer shoots a black person the tragedy rises to yet another level, I must ask the question: What better way to decide whether charges should be filed than a grand jury? Twelve people from that community, nine white and three black, heard 60 witnesses, sifted through 24 volumes of evidence, over a three month time span, and determined officer Darren Wilson didn’t commit a crime when he shot and killed Michael Brown.

The collective wisdom of 12 people, particularly from that same community, is superior to the decision of any one person. And yet, we have had violent protests across the country. In Ferguson, property was destroyed, looting was rampant, lives endangered, and chaos reigned. (As an aside, I did hear of all the things stolen, not one pair of work boots was stolen.)

I support prayer vigils and nonviolent protests, and would defend their use with every fiber of my body. Not only are important issues considered during these demonstrations, but also these gatherings are critical to a free society. The 30 folks who met in Billings in a peaceful and prayerful fashion are a good example of getting it right.

However, violence is indefensible. What is happening in numerous cities across our country is indefensible.

We are blessed to be part of the greatest country in the world. And, I am glad we have the freedom to complain about our government, our judicial system, judges, our police officers, and any other issue we may have. However, it occurs to me some complain without really thinking through how “we” could do it better.

Judge Russell Fagg has been a district court judge for nearly 20 years, and has presided over about 25,000 cases during that time. He is the past president of the Montana Judges Association and writes a monthly column about the law and judicial issues.