Interview with Wyoming’s newest Supreme Court Justice

New Wyoming Supreme Court Justice John G. Fenn. (Courtesy Wyoming Supreme Court)

• Question: How has your first and second weeks serving in the highest court in Wyoming been? Have you had time to adjust and take in your new position, or has it been a hit the ground running type situation?

Answer: The first few weeks have been a bit of a whirlwind. My first official day began with oral arguments for the month, which is always a busy time. I am finally getting my feet on the ground so to speak.

• Question: How do you feel your previous experience as a District Court Judge and as a lawyer in the State will help you in this new role? 

Answer: Each justice brings certain strengths and experiences to the position. Certainly, for me, my time as a District Court Judge was very helpful. My experience includes not only the trial level work, but also an understanding of the appeal process, and a familiarity of the Judicial Branch as a whole. Similarly, when in private practice, my focus related to litigation which is helpful.

• Question: What do you see as the biggest obstacles facing the state in terms of new laws, old laws and land disputes? Do you see change coming to the Wyoming legal system over the course of the next decade? 

Answer: The cost of litigation continues to be a challenge for Wyoming citizens. Increased land values may spawn more land disputes and complications in domestic relation property divisions. As far as new laws, that is primarily a legislative function as opposed to the judicial branch.

• Question: What do you see as the biggest challenges coming onto the court and facing you in your new role?

Answer: From a personal perspective, the role of a justice is quite different than a trial court judge with respect to daily interaction with attorneys and parties, which will require some adjustment on my part. From a broader perspective, continuing to provide timely and just resolution for our citizens is always a goal that comes with challenges.

• Question: How has leaving your old role affected the previous district you served?

Answer: I am very proud of the work of the legal community in Sheridan and Johnson counties during my tenure as a District Court Judge. I like to think the Fourth Judicial District was left in good shape. Probably the biggest short-term impact is that the District Court position will be open for approximately 60 to 90 days, which may cause some short-term delays.

• Question: What was the most difficult case you tried as a District Judge and or Lawyer and how do you think it will compare to cases you will try on the Wyoming Supreme Court? 

Answer: I am often asked this question and my response is cases involving children – whether in custody disputes, abuse or neglect, delinquency or as victims.

The Wyoming Supreme Court is an appellate court, so it addresses the same types of cases as the District Court albeit from a different perspective. Often, the most challenging cases which raise difficult and challenging legal and factual issues are the cases that are appealed. Additionally, the decisions of the Wyoming Supreme Court not only affect the parties involved but also can affect the entire community through legal precedence.

• Question: What has it been like to work with the other Justices thus far?

Answer: So far, it has been great working with the other Justices and their staffs. They have been very welcoming and helpful. The level of intellect and diligent hard work has been impressive.

• Question: What do you hope to accomplish in your first term?

Answer: I don’t think it is appropriate to have any specific agenda or goals similar to the Executive branch. Rather, the goal is to continue to provide timely and thorough decisions for our citizens.

• Question: What went through your mind when you found out that you were nominated to serve on the Wyoming Supreme Court? What was the selection process like for you? What does it mean to you?

Answer: I was elated when I received a call from Governor Gordon stating he intended to appoint me to the position.

Wyoming has a merit-based selection process intended to have the most qualified individuals appointed in an apolitical manner. Accordingly, the process involves extensive written expressions of interest, review and interview by an apolitical Judicial Nominating Commission, nomination of the top three candidates by that commission to the Governor, review and interview by the Governor and his/her staff, input from the public to the Governor, and ultimately appointment by the Governor. It typically takes ninety days which can be an emotional roller coaster for the applicants.

Selection to serve both as a District Court Judge and a Supreme Court Justice has been the greatest honor in my professional life. It is a privilege to serve, and I take the responsibilities very seriously.

• Question: How has Covid-19 impacted the judicial system in Wyoming through your experience?

Answer: I am very proud of the judicial branch’s response to the Covid-19 challenges. We were postured in advance to keep the courts open through the use of technology and the dedication of the entire branch. With the exception of jury trials, which were delayed for several months, the work of the courts continued with adjustments. Judges, staff, lawyers, parties, witnesses, etc. all came together to meet the challenges in a very successful way.

While we continue to face pandemic related challenges, I think the use of technology and its benefits will continue long after the pandemic is over.

• Question: What are some of the things you love about Wyoming? 

Answer: Having grown up, received my education, raised my family and spent most of my professional life in Wyoming, I have a lot to love about it. It has afforded me so many opportunities. That being said, the people and the open spaces are what I love the most.

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