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Thursday, August 21, 2008

Panel will hear Clark, Gildea arguments Tuesday

A panel of five retired Supreme Court justices was appointed today, Aug. 21, to hear a petition by judicial candidate Jill Clark seeking to remove Justice Lorie Gildea from the Sept. 9 primary election ballot.

Clark also seeks to strike the statutorily authorized language from the primary ballot identifying Gildea as an incumbent.

The members of the panel are Justices James H. Gilbert, Sam Hanson, Edward C. Stringer, Esther M. Tomljanovich and Lawrence Yetka. Gilbert was named acting chief justice. They will hear oral argument at 10 a.m. Tuesday, Aug. 26 in Courtroom 300 of the Minnesota Judicial Center. Each side is allotted 30 minutes to argue.

The sitting Supreme Court has entirely recused itself from the case and thus the panel was appointed under Minn. Const. art. VI, secs. 2 and 10, and Minn. Stat. sec. 2.724, subds. 2 and 3. Gildea and Justice Paul Anderson, who is also running for election, did not participate in the decision to appoint the panel.

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