Judiciary Committee
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Judiciary Committee
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Minutes 10/26/05 | 10/24/06 | 4/20/07 | 5/21/07 | 9/24/07 | 10/26/07 | 11/30/07 | 1/3/08 | 02/01/08 |3/12/08MSBA Judiciary Committee
Report from Legislative Forum Subcommittee: Co-Chair Vasaly reported that the informational forum for legislators on February 20 only drew four legislators (Senators Gen Olson and Yvonne Prettner Solon and Representatives Joe Atkins and John Berns). Professor Malia Reddick, Justice Alan Page and former Governor Al Quie were present, along with the Judiciary Committee co-chairs and a few members. The forum began at 11:30 and unfortunately the House went into session at noon that day. Report from Public Education Roll-out Subcommittee: Ms. Harris reported on the subcommittee's efforts to distribute information about the CD materials to attorneys across the state. Information has gone out to the county attorneys, public defenders, district bar association presidents, MSBA sections and committees. The April 14 webcast is being prominently advertised by the MSBA. Mr. Finch suggested the subcommittee write to editors of small town newspapers and offer them op-ed pieces, perhaps written by one of their local attorneys, on the importance of an impartial judiciary and judicial selection issues. Mr. Finch also suggested that a resolution regarding judicial impartiality and selection should be prepared for use at precinct caucuses. Report on Other Outreach Efforts: Co-Chair Peters presented the video and other Judiciary Committee public education materials regarding judicial selection and impartiality at an MSBA Bench and Bar outreach CLE event in Willmar on March 7. Mike Ford, MSBA President-Elect, and Steve Besser, last year's Co-chair, assisted in the presentation. There were close to 90 attendees, including seven of the eight district judges from the 8th Judicial District, and the information was well-received. There will be another district outreach meeting in Bemidji on April 25. Ms. Peters will present there as well; she would like another volunteer from the Committee to join her. The MSBA's Civic Education Committee had a booth at a social studies teachers conference last week. Copies of the Judiciary Committee's fact sheet and CD's were available and about 20 teachers picked them up. There will be additional opportunities to distribute the CD and talk to the public at the state fair this summer. Update on Judicial Selection Bills at Legislature: It appears unlikely any judicial selection bill will advance this year since the first policy committee deadline is this Friday and no additional hearings are scheduled. The MDJA Board of Directors is meeting March 21 to reconsider its position on judicial selection. A number of individual judicial districts have passed resolutions supporting retention elections. Report on New Lawsuit by Greg Wersal: Ms. Vasaly reported that Greg Wersal has filed a new lawsuit challenging some of the provisions in the Judicial Code. MSBA Judiciary Committee
Co-Chair Vasaly reported that she attended a workshop in Dallas sponsored by the National Center for State Courts on effective judicial campaign conduct oversight committees. Based on what she learned, Ms. Vasaly believes the documents forming Minnesota's Judicial Election Campaign Conduct Committee will serve us well. Representatives from Texas indicated that judicial candidates who do not sign the affirmation in their state are generally defeated. Report from Legislative Forum Subcommittee: Several Senate Committees are holding a joint informational hearing on February 4 at 12:30 p.m. regarding judicial selection issues. Brian Melendez is speaking on behalf of the MSBA. Other invited speakers include representatives from Minnesotans for Impartial Courts, National Center of State Courts, MN Women Lawyers and League of Women Voters. Mr. Melendez's talking points will be distributed to Committee members to enable them to answer questions they may get regarding judicial selection issues in a manner that is consistent with the MSBA's position. Members discussed the MSBA position on judicial selection, which leaves open the option of supporting retention elections if that is the method favored by legislators. Rep. Steve Simon and Sen. Ann Rest are authoring a retention election bill on behalf of the Minnesotans for Impartial Courts (MIC). MIC held a press conference on January 31. Mr. Grooms suggested members sign up for the MSBA Grassroots Action
Network, which may be activated later this year for purposes of encouraging
legislators to support change regarding judicial selection. Members
can sign up online at: Ms. Peters mentioned she will be representing the MSBA position on judicial selection in an upcoming MN CLE program on the Legislative Process on February 15. Report from Public Education Subcommittee: MN CLE is sponsoring a webcast at noon on March 4 that will include showing the Committee's video with a live introduction by Mr. Melendez and Ms. Peters. Members discussed the possibility of obtaining CLE credit for the webcast in the hope of drawing more people. Mr. Smith-Hanen and Ms. Mischel agreed to look into this; it was noted there must be a "live" person available to answer questions in order to qualify for CLE credit. We will follow up with Frank Harris on details of the webcast, including sign up and whether it can be a free webcast. The meeting was adjourned at 1:15 p.m.
MSBA Judiciary Committee Present: Karna Peters and Mary Vasaly - Co-Chairs, Members Don Betzold,
Louise Bjorkman, Karen Cole, Fred Finch, Kate Flom, Tracy Harris, Heather
Lang Jacobsen, Matthew Lemke, Josh Smith-Hanen, Mike Unger, Ken White,
Honorable Bruce Willis, Robin Wolpert, Nancy Mischel-MSBA Staff. Recent Judicial Elections News: A large amount of money was spent by
outside organizations to influence recent Wisconsin judicial elections.
In addition, the candidates themselves raised a large amount of money.
Here is an attachment to the Milwaukee Journal article that gives further
details: Report from Legislative Symposium Subcommittee: MSBA lobbyist Lloyd Grooms has approached Senator Betzold and asked him to author a bill putting forward the MSBA position on judicial elections. Sen. Betzold has not yet decided if he will do so. Report from Public Education Subcommittee: Co-Chair Peters reported
that the goal of having the public education materials ready for the
Assembly on December 14 was met. All Assembly members in attendance
received a hard copy of the handouts, as well as a CD with all the materials,
including the powerpoint and video presentation. All of the public education
materials, with the exception of the video, are available on the Judiciary
Committee's MSBA webpage at: There is also a link from the MSBA home page, left side links, under Jud. Independence Resources. Committee members were encouraged to take a CD and look for opportunities to present on the topic in their communities, and to let Nancy Mischel at the MSBA know when they do so. Nancy is keeping a map of the state in her office with red stickers added every time the materials are used in a presentation. The goal is to have the map covered in red. Volunteers were solicited to serve on a roll-out subcommittee. This group will be charged with getting word out to lawyers, judges and other interested groups on the availability of the public education materials, so they can be presented in communities around the state. One idea is to have a point person in every bar district. Louise, Ken, Josh, Tracy and Karna volunteered for this effort and Louise agreed to convene the first meeting. An e-mail will be sent to let the members of the Judiciary Committee know that the roll-out subcommittee has been formed and that others can join if they are interested. The committee discussed a draft roll-out plan (attached). Additional suggestions for distribution points included county attorneys, colleges and universities, county district chairs, public access television and the 7th and 8th district bench & bar meetings being planned for this spring. There was some discussion regarding the MDJA's position on judicial elections. The poll taken of MDJA members reflected different results than the in-person vote taken at their meeting. The meeting was adjourned at 1:15 p.m. MSBA Judiciary Committee Present: Karna Peters and Mary Vasaly - Co-Chairs, Members Don Betzold,
Karen Cole, Fred Finch, Kate Flom, Stacey Fujii, Heather Lang Jacobsen,
Dana Mitchell, Brett Olander, Steve Simon, Honorable Jon Stafsholt,
Nancy Mischel-MSBA Staff. Recent Judicial Elections News: Co-Chair Vasaly mentioned a recent editorial by former Justice Sandra Day O'Connor who is speaking out about the importance of maintaining impartiality in judicial elections. Recent judicial pay increases in Pennsylvania led to an effort to oust all but one of the current district court judges there, who were up for re-election in retention elections. Report from Public Education Subcommittee: Co-Chair Peters reported that the subcommittee has prepared a number of materials for public education. There is a powerpoint, which was previously viewed by the Committee, along with new talking points that track the powerpoint presentation. The powerpoint focuses on the strong asset we have in Minnesota's judiciary which is highly regarded across the country. It also mentions various options for change. The subcommittee also developed a Judicial Selection Fact Sheet/Handout and a Question and Answer document dealing with frequently asked questions or concerns about judicial selection. Last, a DVD is being put together with the help of MN CLE that is directed to lawyers and judges who might be presenting on the topic of judicial elections. Part of the video includes Gov. Quie, who speaks about creating the merit selection commission. At the December 14 Assembly meeting, MSBA President Brian Melendez will mention the availability of these materials. Mr. Finch made a motion that the Committee approve the materials, including any remaining improvements still being made. The motion was seconded and approved. Members thanked the subcommittee for their work. Subcommittee members were Karna Peters, Robin Wolpert, Karen Cole, Kate Flom, Judge Jon Stafsholt, and Dale Hansen. Rule of Law Conference: Ms. Peters reported that the Public Education Subcommittee reviewed information received regarding holding a Rule of Law Conference, which is being promoted by the ABA's World Justice Project. The subcommittee did not feel they had sufficient time to work on planning such a conference. Judge Stafsholt suggested perhaps something could be tied into the Equal Justice Conference that will be held here in May. Mr. Olander is on the Minnesota planning committee for the conference; he will bring the idea to their attention. Report from Legislative Symposium Subcommittee: Judicial Elections Campaign Conduct Committee (JECCC): Co-Chair Vasaly informed the Committee that documents forming the JECCC were created by the Judiciary Committee in 2006. Due to some concern regarding the activities proposed by the JECCC and restrictions under campaign finance laws, the Committee was never officially formed. A small working group is revising the documents and will present the proposed changes to the MSBA Assembly on December 14 for approval. Discussion of David Ludescher Letter: Mr. Ludescher briefly summarized his letter for the Committee. Co-Chair Peters reminded Mr. Ludescher that the MSBA took a position on the judicial selection issue at their Assembly meeting in June of 2007. Representative Simon stated that he is misquoted in the letter; he believes legislators can and should promise outcomes, but that promising outcomes is bad for the judiciary. One member commented that the MSBA position was not prompted by a mistrust or distrust of the public, but by a fear of national groups putting out slanted, misleading information which requires the other side to spend a lot of time and money disputing it. The meeting was adjourned at 1:15 p.m. MSBA Judiciary Committee Present: Karna Peters and Mary Vasaly - Co-Chairs, Members Don Betzold,
Louise Dovre Bjorkman, Gail Chang Bohr, Karen Cole, Jacqui Dorsey, Fred
Finch, Kate Flom, Stacey Fujii, Dale Hansen, Tracy Harris, Jerry Lane,
Heather Lang, David Ludescher, Steve Simon, Honorable Jon Stafsholt,
Mike Unger, Robin Wolpert; Guests Lloyd Grooms, Brian Melendez, Gov.
Al Quie; Nancy Mischel-MSBA Staff. Minnesotans for Impartial Courts (MIC): Representative Simon stated that while he personally favors an appointive system he believes a retention election system is much more politically feasible, both with his colleagues in the legislature and with the general public. He has been pushing for an interim hearing on the issue. A retention election bill has been drafted. He recognizes the danger of last-minute campaigns in retention elections, but stated that data gathered by Justice G. Barry Anderson shows that such campaigns rarely, if ever, happen. Rep. Simon is cautiously optimistic that a bill could actually pass the legislature this session. It will not be easy though, as the legislature has many big items on the agenda, including several proposed constitutional amendments, and it is a short session. He does not see any disadvantage to giving the judicial appointment bill a full push this year, however, even if it does not pass. Judge Stafsholt reported that the MDJA voted and their first preference is the appointive system favored by the MSBA, second is the status quo and last is retention elections. Members agreed it made sense to work with the Minnesotans for an Impartial Judiciary group in convincing the legislature and the public that change is needed. Further Discussion of Educational Symposium for Legislators: Ms. Peters reported that our committee invited former Supreme Court Justice Sandra Day O'Connor to speak at such an event. Former ABA President Bob Stein also sent a letter encouraging Justice O'Connor to come to Minnesota. If Justice O'Connor were to accept the invitation, both Rep. Simon and Sen. Betzold thought a joint session of the legislature could be called. A subcommittee was formed to work on the legislative symposium, consisting of the following members: Stacey Fujii, Steve Besser, Rep. Simon and Senator Betzold. Other Educational Efforts: The Committee's webpage has a link for "Recent News." Members are encouraged to send items they would like posted under that link to Nancy Mischel at the MSBA. The next meeting of the Judiciary Committee is Friday, November 30 at noon at the MSBA. The meeting was adjourned at 1:15 p.m.
MSBA Judiciary Committee Present: Karna Peters and Mary Vasaly - Co-Chairs, Members Don Betzold,
Gail Chang Bohr, Karen Cole, Dyan Ebert, Tracy Harris, Dana Mitchell,
Tom Neuville, Honorable Bruce Willis, Robin Wolpert, Nancy Mischel-MSBA
Staff Welcome and Introductions: History of Committee: Public Education: Judge Stafsholt reported that at the last Minnesota District Judges Association (MDJA) meeting in September 2007, a resolution was unanimously passed to authorize the MDJA President to establish a public education committee for the purpose of organizing a speakers' bureau and a powerpoint presentation to assist judges in educating the public about judicial independence. The goal would be to create a message suitable for presentation to civic groups, college political science students and high school social studies students. A questionnaire will also be sent to each MDJA member to determine their level of preference for judicial selection and retention methods. Karna Peters went through a powerpoint she developed on the importance of an impartial judiciary with the goal of making it available to members so they can easily understand the issue and in turn explain it to others. Committee members praised the powerpoint and suggested it incorporate more strongly the likelihood that most (all) people will come before a court at some point in their lives, which will reinforce the message that they have a personal stake in the issue. Discussion of Possible Symposium for Legislators: Karna Peters reported that a letter is being drafted inviting former Supreme Court Justice Sandra Day O'Connor to speak. Senator Neuville questioned whether the judicial selection constitutional amendment issue is really ripe for this legislative year because if it passes, the funding and the people power required to convince the public to vote yes must be in place. He also stressed that if judicial elections were going to be replaced, there would need to be a workable process to assure accountability of judges. Senator Betzold said key legislators are needed to advance the issue. Both Senators agreed a panel of presenters representing different perspectives on judicial selection would be very useful for legislators. Members agreed that Kevin Magnuson or another person working on implementation of the Quie Commission's majority report will be invited to October's meeting. Chairs of the House and Senate Judiciary and Governmental Operations Committees will also be invited, along with the Republican leads. In addition, the Chair of MSBA's Legislative Committee, Sue Holden, will be invited with Lloyd Grooms, the MSBA lobbyist. Mary Vasaly mentioned that the Supreme Court Committee reviewing the Code of Judicial Conduct will hold a public hearing next month. The meeting was adjourned at 1:15 p.m. MSBA Judicial Elections
Committee Present: Co-Chairs Mary Vasaly and Steve Besser, Members Louise Dovre
Bjorkman, Jacqueline Dorsey, Fred Finch, Kate Flom, Mark Gehan, Brian
Melendez, JoMarie Morris, Brett Olander, Wayne Struble, Mike Unger,
Honorable Bruce Willis, MSBA staff Nancy Mischel Resolution regarding judicial selection: The Committee, following review of the comments and testimony received, engaged in extensive discussion regarding the optimal judicial selection process, which included the option of retaining the status quo. A motion was made and seconded to adopt the majority position. It failed on a vote of 2-11. A straw vote disclosed an overwhelming majority of Committee members felt proactive change was necessary and preferable to doing nothing. A motion was made and seconded to support the minority position (see Minority Report of Brian Melendez). The motion passed by a vote of 10-3. A motion was then made and seconded to support the Besser approach (see Separate Comments of Steven V. Besser) of preferring an appointive system, but supporting retention elections should that approach pass the legislature. This motion failed on a tie vote of 6-6. The Committee discussion reflected the idea that should the legislature pass a selection system different from the system described in the Minority Report, the MSBA should review and either reaffirm or reconsider its position at that time. Judge Willis abstained from all voting. Funding Resolution: Members thanked Mr. Besser for his service to the Committee; his term as co-Chair ends as of June 30, 2007. The meeting was adjourned at 1:30 p.m. MSBA Judicial Elections Committee Present: Mary Vasaly and Steve Besser - Co-Chairs, Louise Dovre Bjorkman,
Kate Flom, Benjamin Hayek, Mike Iwan, Brian Melendez, Robin Wolpert,
Discussion of Quie Commission Report: Mr. Melendez outlined the procedure developed by the MSBA officers for the Quie Commission report. The report has been referred to the Judicial Elections Committee. The Committee's charge is to: a) review and discuss the report; b) gather input from members; and, c) provide a recommendation for the MSBA Assembly in June. The Committee's recommendation should be in the form of a resolution setting forth a proposed MSBA position either supporting or endorsing the Quie Commission Report (this support could be qualified, i.e. endorsing either the majority report or the minority report), or the MSBA could decline to endorse or oppose the report. The Committee's resolution will then be forwarded to the MSBA Legislative Committee for review and action. Quie Commission Reporter Robin Wolpert will be providing a brief overview of the report at the April Assembly meeting. MSBA President Patrick Kelly is using various forums (Bench & Bar, Legal News Digest, Assembly meeting, district bar annual meetings) to solicit member comments and input. The Committee, through President Kelly's signature, will send an email to all MSBA members seeking their comments, which will be directed to Nancy Mischel, staff liaison to the Judicial Elections Committee. Nancy will forward any comments to the Committee via email. The Committee will meet one last time on Monday, May 21 at noon to consider the comments, draft and vote on a resolution. The Legislative Committee will meet and take a position on the resolution in time for the Assembly to debate and vote on the matter at their June 29 meeting. Members discussed whether it was important to have a united front rather than competing proposals, recognizing that regardless of MSBA action, such a goal would be foiled if the MDJA takes a position different from the Quie majority. Discussion followed, with many members noting that MDJA opposition should not dictate our Committee's reason4ed response; and, MDJA taking any position may appear self-serving. Members also debated whether to take a practical approach, recommending what is likely to pass the legislature, or focus on the "best" approach regardless of likely success. Judge Stafsholt moved that the Committee recommend the pure appointive process set forth in the Melendez Minority Report, but withdrew the motion as premature. Discussion of Possible Symposium for Legislators: The meeting was adjourned at 1:00 p.m.
Present: Mary Vasaly and Steve Besser - Co-Chairs, Senator Don Betzold,
Louise Bjorkman, Larry Buxbaum, Dyan Ebert, Fred Finch, Kate Flom, Paul
McCarten, Dean Thomas Mengler, Representative Steve Simon, Wayne Struble,
Mike Unger, Nancy Mischel-MSBA Staff Quie Commission: Judicial Elections Campaign Conduct Committee (JECCC): The Committee invited David Stowman to provide information about the current status of the JECCC. Mr. Stowman attended by telephone conference call. He is chairing a precursor group to the JECCC called the Stowman Committee. This is a smaller group than required by the JECCC Bylaws. The charge of the Stowman Committee will be to review the legal opinions received by the MSBA, make recommendations to the MSBA Council regarding the scope of activities the JECCC might undertake, review the incorporating documents of the JECCC and recommend any necessary changes. The Stowman Committee will meet for the first time in a few weeks. Judicial Plebiscite: The meeting adjourned at 2:45 p.m.
Meeting Summary Members Present: S. Besser and M. Vasaly, Co-chairs; C. Anderson, P. Costello (by telephone), D. Ebert, J. Dorsey, M. Gehan, D. Knutson, P. McCarten (by telephone), A.McKinsey, T. Mengler, J. Stafsholt, W. Struble, B. Willis, A. Moravetz, MSBA Staff Guests: B. Anderson, J. Kostouros, J. Michels Co-chair Steve Besser called the meeting to order and asked members to introduce themselves. Greg Wersal arrived at the meeting and asked if he could attend – Mr. Wersal is not an MSBA member. The committee discussed Mr. Wersal’s request – as this was both the Committee’s first and organizational meeting, he will not attend, but will be invited to attend a subsequent meeting. Mr. Wersal agreed. The Committee discussed its charge and how it wants to respond to the White case between now and the 2006 elections. (The Rules of Professional Conduct Committee is looking at changes to the Code of Judicial Conduct.) Following lengthy discussion the committee agreed that:
The Co-Chairs will set the next meeting and communicate with the Committee
in a letter articulating how the Committee will proceed.
- Last Updated 11/11/05 -
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