Judicial Reform Sought in Minnesota

New Patriot Journal ^ | April 6, 2010 | Walter Scott Hudson

[Walter Scott Hudson]

Judges in Minnesota have too much power, or so say activists seeking reform. The ability of citizens to effectively petition their state for redress of grievances is thwarted by a legal structure which greatly empowers the judiciary, claimed Nancy Lazaryan in a phone interview with the New Patriot Journal.

A 1971 state law established a Board of Judicial Standards tasked with addressing accusations of misconduct by judges. The board is composed mostly of judges and attorneys, and reports to the Minnesota Supreme Court. Lazaryan believes this law effectively abdicated the state legislature’s ability to act as a check against the judiciary by placing the court in charge of itself.

“The fox is guarding the henhouse,” said State Representative Dan Severson (GOP – Sauk Rapids) in a radio interview with Fightin Words. “If there’s a complaint that goes in [under the current system], they have the means… to block it or to bury it.” Severson is the author of House File 1632, a bill which would reconstitute the Board of Judicial Standards to include qualified citizens selected by the Secretary of State -- not necessarily judges or attorneys -- who would report to the legislature.

Activists are also concerned by attorneys’ status as officers of the court. The licensure and discipline of attorneys in Minnesota is handled by the judicial branch. Lazaryan believes the status quo places the court in a position to retaliate against any attorney who questions the integrity of the bench.

“I don’t question, and I have no reason to question, the integrity of the bench,” State Representative Ryan Winkler (DFL – Golden Valley), an attorney, said at a town hall meeting. Winkler was responding to a citizen asking whether he would support Severson’s reform effort. At the same meeting, State Senator Ron Latz (DFL – St. Louis Park), also an attorney, was challenged by another citizen to fulfill his oath of office by acting as a check against the judiciary. “I have a couple oaths that I’ve taken,” Latz replied. “One as a state senator, one as an officer of the court, in order to be able to practice [law in Minnesota].” It was unclear whether Latz intended to imply these oaths are in conflict.

“[This gets] into the issue of livelihood,” Severson told Fightin Words. “People [spend] three to four years in law school after completing four years of a bachelor degree. Then you’re asking them to step forward and jeopardize that livelihood to run up against what would seem to be an insurmountable wall at this point.” The state legislature is composed primarily of attorneys, and Governor Tim Pawlenty and many other officers of the executive branch are attorneys. Activists like Lazaryan are concerned the judiciary is empowered, under the current system, to unduly influence the other branches of government.

Entrusting the licensure and discipline of attorneys to the judicial branch does not appear to be unique to Minnesota. The New Patriot Journal conducted a cursory review of bar requirements in Wisconsin, Montana, and Texas. Each state’s judiciary appears to consider attorneys officers of the court.

Severson has been trying to get his bill heard by the House Judiciary Committee for almost four years. Severson says State Representative Joe Mullery (DLF – Minneapolis), chair of the Civil Justice Committee, and State Senator Mee Moua (DFL – St. Paul), chair of the Judiciary Committee, have refused to allow hearings on the subject of judicial reform. “Legislators are pretty pensive toward this,” Severson admitted.

Asked why he thought the bill has not gotten traction, Severson said Mullery “doesn’t like controversy” and “feels like we have a great court system.” Severson does not feel a legislator’s opinion ought to determine committee agendas. “It doesn’t really make any difference what the chair feels,” Severson said. “What is appropriate when a bill is brought forward [is] to give the people the voice that they require from their legislature.” Both Moua and Mullery were unavailable for comment.

Severson and activists who support him seek to increase public awareness of the judicial reform issue. Their attempts to attract media coverage have been largely unsuccessful. “My own personal opinion is that the mainstream media is lazy,” Severson told Fightin Words. “Unless it’s just dropped in their lap, they are very reluctant to do anything, to go out and get the real story, to do the real research, to figure out what the real facts are.”

As an example of a case the media ignored, Severson cited a story involving Air Force Staff Sergeant Christopher Westfall. At an ad hoc committee meeting chaired by Severson in March of 2009, Westfall testified that a family law judge had wrongly imputed to him more income than he actually earned. “I don’t know how to make it more plain,” testified Westfall. “I’m in the military. Anybody can go on the internet and look up what an E-6 makes with 12 years of service.” Westfall was unable to pay child support which the court based on income he was not earning. Failure to pay that child support resulted in the loss of his security clearance, making him ineligible to re-enlist, which meant the loss of his job.

“I never in my life earned what they imputed,” Westfall testified. “I’d be driving a nicer car, living in a nicer home. The court found that I could earn $6,280 per month. At the time of that judgment, my W-2 shows I earned a total of $33,632 that year,” which breaks down to $2,802 per month, less than half of what the court imputed. An E-6 with 12 years of service, according to an internet source, earns $2,709 per month. Westfall held a second job during the year in question. Westfall testified his child support payment “was set at $45,265 a year on an income of $33,632 a year.”

Severson’s judicial reform bill has picked up three co-authors in recent months. Among them are two leading GOP gubernatorial candidates, House Minority Leader Marty Seifert (Marshall) and Representative Tom Emmer (Delano). Whether the momentum can be maintained remains to be seen.