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Fallon Marie Radigan's responses to questions from the community.
Discretion allows you to evaluate each case separately based on the facts of the case and the individual. The sentencing guidelines are a tool judges can reference, but ultimately the judge decides a sentence in a way they feel is appropriate.
A criminal justice system should be color blind to outside bias. Each person and case should be treated individually – not what someone looks like or where they come from. I think continuing community outreach and education is a key component as well.
With regards to the bail system, the courts seem to have utilized personal bonds on lower-level felonies in order to keep the individuals that commit these crimes out of jail during the pendency of their case. I think utilizing the bond commission recommendations helps with the bail system. I think it is trending in the right direction.
Currently, I think electing judges works but it needs improvements. I think we can do a better job at their qualifications. We need to elect judges that not only have the qualifications but understand how the court they are seeking works. If you are not in that building day in and day out, you do not know the issues that arise and what needs to be fixed. We need to focus more on individuals that want to be judges to help make changes, not just to wear a robe.
I think the programs like diversion and drug treatment programs are working well. I would like to try to establish a human trafficking docket for adult court, like juvenile court has in Safe Harbor. Judge Synenberg has tried to establish one, but more grant money would be needed, and outside partner agencies would need to be brought in. I believe there are funds for this, and it is necessary in our community.
As a judge, you are in the position to make the difficult decisions when it comes to sentences. No one case is the same. After following the sentencing guidelines and evaluating those guidelines to the case, I would explain my position and reasons why I gave a certain sentence. You have to make the tough decisions even if it is not popular. In my current position, if I don't have probable cause on a case, we cannot charge it and this has to be explained to victims or police officers. This is also true when I explain my position when it comes to sentencing.