Minnesota Lawyer Blog

In the previous post, we report the results of the Minnesota State Bar Association poll for the statewide appellate races. The following are the results of the Bar poll for the contested local District Court races. The polling was conducted in conjunction with local bar groups.

1st Judicial District

The incumbent, Judge Joseph Carter, handily beat Rice County prosecutor Nathaniel J. Reitz 91.5 percent (43 votes) to 8.5 percent (4 votes). Minnesota Lawyer has a story on this race in its upcoming edition.

2nd Judicial District (Ramsey County)

In the race for the seat left vacant by the retirement of Judge John Finley, Hennepin County prosecutor Howard Orenstein squeaked by Children’s Law Center of Minnesota executive director Gail Chang Bohr 51 percent (234 votes) to 49 percent (228 votes). This race, which pits a well-known former state lawmaker against a popular nonprofit executive/ attorney is turning out to be a nail biter.

3rd Judicial District

Incumbent Judge Lawrence E. Agerter prevailed over Burnsville attorney Anthony J. Mossbrugger 75.5 percent (40 votes) to 24.5 percent (13 votes).

4th Judicial District (Hennepin County)

• Incumbent Judge Philip D. Bush trounced challenger Alan Eugene Link 97 percent (1,015 votes) to 3 percent (30 votes). Link has declined to furnish information about his candidacy, including his photo, and was the only candidate not to participate in the Hennepin County Bar Association’s debate.
  
• In the race for the seat left vacant by the retiring Judge Thomas Wexler, family court referee David Piper fetched 59.5 percent (622 votes) to Hennepin County prosecutor Jane Ranum’s 40.5 percent (424 votes);
  
• Incumbent Judge James T. Swenson received 78 percent (836 votes) to District Court referee Thomas F. Haeg’s 22 percent (234 votes)

8th Judicial District

Incumbent Judge Randall Slieter outpolled challenger Glen M. (Jake) Jacobsen 84 percent (31 votes) to 16 percent (6 votes).

10th District

There are two contested District Court races in the 10th District, but the 10th District Bar chose not to participate in the polling.

For more information on the judicial elections, go to Minnesota Lawyer's online Judicial elections guide, which you can access by clicking here.

As the editor of Minnesota Lawyer, I always enjoy getting letters from readers, even ones I disagree with or that take issue with something I've said or written. I particularly like the ones that take a contrarian approach to "conventional wisdom" because they make us step back rethink the premises under which we operate.

A good example is the letter to the editor we got from Boyd Beccue, which will be appear in Monday's print edition of Minnesota Lawyer. The letter was in response to articles we published interviewing incoming MSBA President Michael Ford and taking a look at a committee the MSBA has formed to monitor judicial candidates' conduct (See "Judicial campaign misconduct? The MSBA will be watching").

For such topics, it's easy to find lots of folks who approve of the State Bar's position. There are, of course, folks out there who disagree, but they often don't want to put their opposition on the record. Mr. Beccue, however, obviously has no such compunctions on this topic and wrote a very strong letter to us outlining his disagreement with the MSBA's view of judicial campaigns.

Whether or not you agree with Mr. Beccue's position, his letter is worthy of consideration. The full text of the letter appears below:

UPDATE (Sun., June 22 at 9:57 p.m.): Keith Kennedy found!

The Minnesota State Bar Association is holding its annual convention in Duluth on Sunday through Tuesday -- and it looks to be a good one this year. (Click here for a Minnesota Lawyer article previewing it.)

The Minnesota Lawyer editorial staff will be on hand -- perhaps even posting updates on this blog if we find the time ... If you are going, make sure you drop by our booth and say, "Hey," or tap us on the shoulder at one of the events and give us your input and story ideas.

And, if you haven't registered yet, here's the link to give you one last chance.

A good representative crowd from the local legal community turned out to bid a fond adieu to retiring Minnesota Supreme Court Chief Justice Russell Anderson at the Marriott City Center last Thursday. The retirement party was sponsored by the Minnesota State Bar Association. Most of the state's biggest law firms purchased their own tables at the dinner event to say goodbye to the chief, whose retirement becomes official on June 1.

The highlights included a video presentation from Justice Alan Page, who was in New York City for a previously scheduled commitment. It seems the chief did not give his associate justices enough warning of his retirement to make sure that their calendars were clear for his party. (How very Scandinavian of him!)

Speaking of associate justices at the event, MSBA President Brian Melendez garnered a few laughs when he pointed out during his remarks that Justice G. Barry Anderson had told him he would not stay for Melendez's remarks unless he was given "equal time." In addition to being MSBA president, Melendez is of course, the chair of the state's DFL. Barry Anderson, on the other hand, was active in the state's Republican Party prior to joining the bench, serving as its lawyer for 10 years. After reiterating Barry Anderson's quip, Melendez called out for the justice -- and, sure enough, he had, in fact, actually left.

When Chief Justice Russell Anderson got up to make his remarks after Melendez spoke, he drew laughter when he assured the crowd that Barry Anderson had left to avoid hearing his remarks, not Melendez's.

The chief justice had a few good zingers -- including taking longtime State Court Administrator Sue Dosal to task for spreading around his best stories so he couldn't tell them. Perhaps it was just a coincidence, but earlier in the evening, while Dosal was making her goodbye remarks to the chief and sharing some of those very same stories, a technology glitch caused the microphone to cut out ...

I had the chance last night to check out the copy of the Declaration of Independence on display at the Minnesota History Center for the Sesquicentennial. It is truly an awesome experience to get an up close and personal view of one of the world's oldest copies of one of the world's most important historical documents. The ink hit the paper on that document on July 4, 1776 -- the day commonly celebrated as the birthday of the United States of America. And here was I looking at an original copy of the birth certificate.

I grew up in Massachusetts, where colonial history is thick in the air. (I even had my own tri-cornered hat!) It's easy to view the figures of that time as bigger than life -- demigods in our pantheon of democracy. But they were human beings who had no idea what would happen when they signed their names to that "seditious" document. In an alternate history where the British won the war, the text books would tell us that the "Founding Fathers" were a group of radical separatists who were all hung for treason.

William Mitchell College of Law Professor Mike Steenson gave a nice spiel at the reception for the Declaration last night describing the history and what a revolutionary act it represented. Last night's reception was sponsored by the MSBA, RCBA, Federal Bar Association and Minnesota Lawyers Mutual. (As I have mentioned before, our parent company, Dolan Media, is the presenting sponsor for the Declaration, which will be here through the Sesquicentennial festivities. Click here for a Strib piece written by Dolan Media's founder and chair on the significance of the document.)

It seems obvious now the Founding Fathers took the right path, but it wasn't so obvious then. What was obvious was that it was a dangerous path. It's interesting to contemplate as you view a copy of the Declaration printed when the result of their actions was far from certain. What would you have done?

Legislation that would enable surrogacy contracts has been heard in committee in both the House of Representatives and the Senate and is expected to go to the governor this session. That’s the word from Maple Grove attorney Glen Norton, the legislative chair for the Minnesota State Bar Association Family Law Section. The MSBA General Assembly has backed the legislation.

Senate File 2965 sets forth both the law regarding gestational carrier contracts and also contains provisions regarding the rights of the parties in cases of donated embryos. The latter sets up a scheme similar to the existing law regarding the parental rights of sperm donors, or more accurately, the absence thereof. When an embryo is donated, the donor is not treated as a biological parent; the intended parents are treated as parents under the law, assuming the requirements outlined in the bill are followed.

The gestational contract provisions regulate both gestational carriers and intended parents. Parental rights would vest immediately upon the child’s birth under the legislation. The bill also provides for legal or equitable damages to either party if the contract is breached.

Surprisingly, no opposition to the legislation has materialized, Norton said. The bill does not address the controversial subject of how to deal with embryos that are not fertilized. Additional legislation on that may be needed in the future, Norton said.

The American Bar Association is organizing a march tomorow in Washington, D.C., where lawyers wearing black suits will gather in defense of their Pakistani colleagues, and call on President Musharraf to restore democracy in Pakistan. Minnesota lawyers are joining this effort.

The MSBA and other law related organizations have organized a demonstration at the Minnesota Supreme Court tomorrow at noon. If you are able to participate, the MSBA asks that you come to the Minnesota Judicial Center to "stand with us in support of democracy and the rule of law."

The MSBA has arranged for buses to take participants from downtown Minneapolis and downtown St. Paul to the Judicial Center. Buses will leave from downtown Minneapolis at 6th and Nicollet Mall at 11:35 a.m. sharp, and from downtown St. Paul at the (Ramsey County Courthouse) 15 West Kellogg at 11:35 a.m.

The buses will return to the same locations no later than 1:30 p.m. If you wish to ride on the bus, please send an email to efarnsworth@mnbar.org.

Source: The above information comes from a release sent out by Minnesota State Bar Association President Brian Melendez.

The much-touted (hyped?) MinnPost online news site debuted today at 11:00 a.m. The site is staffed by a number of veteran journalists -- many of whom are refugees of the newsroom "trimming" that has been occurring at the (once large) metro dailies.

So why are we mentioning the launch here on Minnesota Lawyer blog? Well, how could we not when the lead story of the just-launched new venture includes a photo of Minnesota State Bar Association President Brian Melendez (right). The story quotes Melendez wearing his other hat -- chair of the state's DFL.


The piece is entitled: "Right Now the D in DFL stands for debt." (Hmmm. Wonder what the "F" and "L" stand for then?) Former Star Tribune columnist Doug Grow wrote the story, which examines the financial situation of the DFL.

"How bad is it? Not nearly as bad as the rumor mill suggests," Melendez wrote in a memo quoted in Grow's story. "The Party's financial situation is cause for concern but not for alarm."

In the interest of balance, the article also says the GOP is struggling too. How about a follow-up story? I have a title to suggest: "Right Now the P in GOP stands for Pecuniary Problems." Oh wait, that wouldn't work. Never mind.

As Minnesota Lawyer notes in Bar Buzz this week, Rushford lawyers Dennis Rutger and Terry Chiglow are grateful for the assistance that has poured in since last month’s floods destroyed their offices. However, they remain concerned about the legal needs of their community.

The Minnesota State Bar Association sent veteran lawyer/disaster responder Sue Holden down to southern Minnesota last week with a box full of office supplies to meet with the lawyers and check out the situation. (As many in the bar will recall, Holden made Hurricane Katrina relief a priority when she was MSBA president.)

The MSBA is currently putting together volunteer lawyers to work through the American Bar Association Young Lawyers Section to provide assistance to flood victims, just as the ABA did after Katrina. (Volunteers should check with the MSBA at mnbar.org.)

In addition, Todd Scott of Minnesota Lawyers Mutual has offered computer support, and the MSBA Real Property Section has made a sample remodeling/renovation contract available at the bar association’s website.

There are 57 businesses in Rushford and 53 or so of those have been destroyed, according to Chiglow. That means there is going to be a lot of legal need.

With planeloads of military men and women returning to Minnesota, now is a great time for the Minnesota State Bar Association Military Affairs Committee to offer its "Military Legal Assistance Seminar," scheduled for Aug. 2 at 8 a.m. at the Dorsey & Whitney offices. Free CLE credits are pending for volunteers willing to take a pro bono case for a service member through the Military Affairs Committee Pro Bono Listserv. And breakfast will be provided, too!

One would hope our troops would return to a hero's welcome, but they also return to unemployment, divorce, eviction and consumer law issues, said MSBA Pro Bono Coordinator Caroline Palmer. "We hear a lot from the JAGs that they are looking for help," she said.

Information about the seminar is available at the MSBA's Web site. (Click here for more.)

The military affairs committee is co-chaired by Thomas Kayser, a retired lieutenant colonel in the Air Force Reserve who spent eight years on active duty.

"We've got to do something for these men and women. It's a terrible situation," Kayser said.
Kudos to Kayser, Palmer, and the rest who pitch in to aid those who serve our country.

Yesterday was a picture-perfect day to be by the St. Croix River -- so I was pleased to be able to attend the 10th Judicial District's Bench and Bar Conference in Stillwater. (The Minnesota State Bar Association set the whole program up as part of its continuing efforts to increase its presence and visbility outside the Twin Cities.)

The area that encompasses the 10th District -- which includes Anoka and Washington counties -- has undergone some radical growth in recent years. It was interesting to hear some of the judges and lawyers from the area discuss how that growth has affected them. Slated to get two more judges in the near future, the 43-judge district is second only to the 4th District (i.e. Hennepin County) in the number of judges that it has.

Minnesota Supreme Court Justice Paul Anderson and Court of Appeals Chief Judge Ed Toussiant were among those who came to event, for which about 160 members of the local legal community signed up. The judges (or justice and chief judge, to be more precise) did an interesting and informative presentation on the recent key state appellate decisions.

Minneapolis attorney Chuck Lundberg and 10th District Judge Ken Jorgenson put on an entertaining and funny(!) ethics program (if that's not a contradiction in terms), which somehow managed to incorporate both a flashing siren and a video clip from Ally McBeal.

All-in-all, a nice event, made all the nicer by the fact that afterward I stopped for a meal on the deck of The Freight House, where the view of the St. Croix can't be beat.

I will be in Stillwater today for the state bar association's 10th Judicial District Bench and Bar Conference. (Minnesota Lawyer is sponsoring it.) So if you are an attorney or judge planning to attend, feel free to say "hey" (or even "hello") ...

Minnesota Lawyer will be running a story next week on the Minnesota State Bar Association's recent resolution endorsing a change in the current system for selecting judges in Minnesota.

Many are concerned that the politicized judicial races experienced by a number of other states will soon arrive in Minnesota. To head of this perceived threat to judicial independence, some are proposing that we amend our constitution to modify, or even discard, judicial elections.

The two main competing schools of thought involve either switching to retention elections, or getting rid of judicial elections altogether and establishing an appointment-based system.

So which of the approaches did the MSBA vote to endorse at its annual convention? Errr ..., well both, actually.

While the MSBA's resolution expresses a preference for the appointment-based model, it goes on to state that the bar group is also in favor of a retention-election system.

It reminds me of that Cheers episode where Frasier is reading the gang at the bar Dickens' A Tale of Two Cities in order to educate them. Needless to say the experiment does not go well.

Frasier: "It was the best of times. It was the worst of times."
Norm: Wait, whoa, whoa, whoa. Which was it? ...
Cliff: Boy this Dickens character sure liked to cover all bases, didn't he?"

Now I do not really blame the MSBA for "covering all bases," as it did. Proponents of change find themselves in a quandary. On the one hand, most of them would like Minnesota to adopt the appointment-based approach. But on the other hand, it seems unlikely that a constitutional amendment jettisoning the peoples' right to vote on judges would actually pass. In politics, practicality is often king.

Check out next week's Minnesota Lawyer for more details about the MSBA debate and vote.

Oddly, one of my favorite educational programs at last week's Minnesota State Bar Association convention was one of the most sparsely attended (of the ones I went to, anyway). Called "There Ought to be a Law," it traced the most effective ways to lobby lawmakers for change. The panelists included two lawyer lawmakers -- Joe Atkins and Julianne Ortman -- and a lawyer who lobbied for some modifications in construction laws (Dean Thomson). MSBA lobbyist Lloyd Grooms was the moderator. So given that the info was both interesting and valuable, why were only a handful of folks there?

Sigh. It was scheduled for early Friday morning on the final day of the convention. Not helping matters, there was a large window behind the panelists affording a view of a picture-perfect June day. Not to mention the night before there was the President's Reception, New Lawyers Section After-Hours Social and the New Lawyers After-After-Hours Social (those new lawyers do like to party!). The latter event featured one young woman lawyer doing a singing and dancing rendition of Nancy Sinatra's "These boots were made for walking" (while wearing fashionable white high-top boots yet). The entertainment interlude was apparently to pay off some sort of bet. However, I promised not to name names. What happens at the bar convention, stays at the bar convention.

In any event, I got up bright and early Friday morning to go to the presentation, and it was well worth it. Perhaps we will write something on the topic in Minnesota Lawyer for those who felt compelled to sleep in.

Sorry for the sporadic postings this week, but most of the Minnesota Lawyer editorial staff has been at the Minnesota State Bar Association's annual convention in St. Paul for the last couple of days. More updates this weekend with a couple of postings about the convention.

The highlight today was a speech by Minnesota Supreme Court Chief Justice Russell Anderson calling on Minnesotans to support efforts to revamp the state's judicial election system to protect against the erosion of judicial independence.