Why I'm endorsing CI-132 | Russ Fagg

By: Russ Fagg

October 4, 2026

Published in the Helena IR

I’ve had the honor of serving as a District Court Judge in Yellowstone County for 22 years and, before that, as a Republican state legislator in Billings. When I served as a legislator, my job was to make policy. But when I served as a Judge, my job was to follow the law and act in a nonpartisan manner.

I’ve endorsed CI-132, this year’s initiative to keep our judicial elections nonpartisan, because I believe that legislators make the law and a judge’s job is to follow the law. Judges are not supposed to be partisan, because then they wouldn’t rule solely on the facts of a case and the law and Constitution. We need our judges to remain nonpartisan so policymaking stays out of the courtroom where it doesn’t belong.

If we allow judges to be elected with a partisan label, there may be an expectation that they will rule in a partisan matter. We are fortunate that our judges are elected by the people, but we need to keep partisan politics out of those elections so we can keep politics, and everything that comes with it, out of our courts.

Our District Courts hear cases every day that affect the lives of Montanans, whether they be cases about business disputes, divorce and child custody, or a criminal offense. When Montanans stand before a judge, they expect that judge to rule based on the facts and the law, not what political party they belong to. That’s what I strove to do every day as a District Court Judge: give the person standing before me a fair hearing, based on what the law says and not what political party they or I belonged to. 

Partisan Judges are not good for any Montana citizen who wants their rights upheld and a fair day in court, regardless of what political party they belong to. Montanans value fair, impartial, and unbiased judges. Let’s keep them that way.

I hope you’ll join me, someone who has served as both a lawmaker and a law enforcer, in voting yes on CI-132. 

Russ Fagg is a former Yellowstone County Republican legislator and district court judge.