Justia Minnesota Supreme Court Opinion Summaries

Articles Posted in Legal Ethics
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Following a jury trial, Appellant Marlon Pratt was convicted of seventeen counts of theft by swindle and two counts of racketeering. On appeal, the court of appeals affirmed in part, reversed in part, and remanded for resentencing. This appeal followed. The Supreme Court reversed, holding (1) there was sufficient evidence to support Pratt's theft-by-swindle convictions; but (2) the judge who presided over Pratt's trial was disqualified from doing so under the Code of Judicial Conduct because the judge was retained by the county attorney's office to be an expert witness in an unrelated case, while at the same time presiding over Pratt's trial, which would cause a reasonable examiner to question the judge's impartiality. Remanded for a new trial. View "State v. Pratt" on Justia Law

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The Minnesota Board on Judicial Standards filed a formal complaint against Judge Patricia Karasov, judge of a district court, alleging violations of the Rules of the Code of Judicial Conduct and the Minnesota Constitution. A three-member panel appointed by the Supreme Court (1) found that Judge Karasov failed to reside within her judicial district during her continuance in office and failed to cooperate and be candid and honest with respect to the Board's investigation of her residency status, and (2) recommended that Judge Karasov be censured and suspended from judicial office for ninety days without pay. Both Judge Karasov and the Board appealed. The Supreme Court concluded (1) the Board proved by clear and convincing evidence that Judge Karasov committed judicial misconduct by clear and convincing evidence; (2) Judge Karasov's claim that she was denied due process of law by irregularities in the proceedings lacked merit; and (3) the appropriate judicial discipline was censure and suspension from judicial duties for six months without pay. View "In re Conduct of Judge Karasov" on Justia Law

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The Board on Judicial Standards charged Judge Gregory Galler with creating an appearance of impropriety during an omnibus hearing in a DWI case, asserting, among other claims, that Judge Galler ordered a criminal defense attorney to write a letter of apology for allegedly impugning the integrity of a police officer during the attorney's oral argument at the omnibus hearing. A hearing panel appointed by the chief justice (1) dismissed the complaint against Judge Galler, finding that the Board failed to prove the allegations by clear and convincing evidence, and (2) denied Judge Galler's motion for attorney fees and costs under Minn. R. Civ. P. 11. The Supreme Court affirmed, holding (1) the panel had the authority to dismiss the case after the Board rested, and the panel did not err in dismissing the complaint; and (2) the panel did not err when it denied Judge Galler's motion for attorney fees and costs. View "In re Judge Galler" on Justia Law