Here is another practicing attorney's view on the judicial races (in
addition to the Zimmerman-O'Neill race addressed in the earlier post).

Judge Thomas Wexler v. Jill Clark

I do not know Jill Clark personally but am definitely impressed with what I
have read and heard about her legal and community work.  She appears to be
one of a very small group of the huge oversupply of attorneys who can be
descirbed as a "civil rights lawyer."

I am quite familiar with Judge Wexler from appearing in front of him for
trials, hearings and other court appearances.  He has not demonstrated any
of the bias in front of me that apparently underlies Jill Clark's decision
to challenge him.  In fact, I tried a misdemeanor case where my client was a
Native American woman who had an altercation with white police officers.  I
think the evidence ultimately made it clear that the cops were charging her
with a crime in order to cover up their brutality.  (The jury agreed).
Overall, i would have to say that Judge Wexler gave us a fair trial.

I do think that Judge Wexler has some personal quirks, such as rigidity and
compulsiveness that can cause discomfort for those involved in his court.
He is very conscientious and intense in his decision making, and usually
considers and addresses every argument.  I believe this is very postive in a
court system where most people, expecially the disenfranchised feel
railroaded, but might also lead to hard feelings when Wexler responds
negatively.  In my observation, he is definitely sensitive and concerned
about civil rights and discrimination issues, but does not have (or at least
apply) a systemic critique of the discriminatory and oppressive role of the
police and judicial system like some of us civil rights lawyers.  He
originally became judge by defeating an incumbent, James Rogers, who was
notorious for violating people's rights.

Jill Clark does have a couple of other quotes on her website which suggest
racial bias.  www.jillclarkforjudge.org However, one of the quotes was
apparently alleged by someone suing Wexler and there is no information to
help determine its accuracy.  The second  quote seems highly disturbing at
first grant, but after reading a description of its context in Jill Clark's
footnote, I find that I need more information to determine whether there
were some unusual circumstances that make it more understandable.

Although I think I have a similar orientation to Jill Clark, I can find at
least seven judges running unopposed for reelection that are more
problematic than Judge Wexler.  (There are 27 judicial races in Hennepin
County next week; in 20 of the races, the incumbents are unopposed.)

-------------------------------

Judge Stephen Aldrich v. Judd Gushwa

I am well-acquainted with both candidates.  I have appeared before Judge
Aldrich several times, including for an extensive hearing, and defended
clients whee Judd Gushwa was the prosecutor and also spoken to him.

Judge Aldrich is definitely very intelligent and conscientious.  I also find
him to be humorous and witty.  Judge Aldrich appears to have a complex set
of ethical principles that he brings to the bench, accompanied by a common
sense and creative approach.  He does sometimes make a point of being a
maverick and will make controversial decisions.  I think this is important,
but suspect it is a big part of the reason why he is being challenged.

The challenger, Judd Gushwa, has been a city prosecutor for several years
(5-10), and was previously a Minneapolis police officer for several years.
Judd's police and prosecution background definitely informs his views which
I would characterize as "law and order."   To Judd's credit, he does have
positive qualities that are relevant to the Judge position.  He is friendly
and affable, and open-minded.   Since it is clear that I have an almost
opposite perspective on the criminal justice system (and most other issues),
this has made Judd eager to discuss and debate me whenever we run into each
other.   My experience is that he is reasonable when negotiating resolutions
to cases, and while he makes clear his contempt for "law-breaker", he does
not insist on locking everyone up and throwing away the key.

I did ask Judd why he decided to challenge Judge Aldrich since I believe he
is a capable Judge.  Judd explained his experience that Judge Aldrich did
not follow the law, and alleged that Judge Aldrich has made inappropriate
comments to assistant city attorneys.  I have not yet seen any specifics.

I believe that Judd is less qualified than Judge Aldrich.  His legal
experience is far more narrow.  Despite Judd's personal appeal, I am
particularly concerned about a judge who so closely and exclusively
identifies with the police and that limited perspective.  (Judd is not
coincidentally the only challenger endorsed by the Minneapolis Police
Officers Federation).

------------------------------------

Judge Seymour Crump v. Kevin Kolosky

This is a slam dunk.  Kevin Kolosky has run for a judgeship in every
election since 1994 (right after he became an attorney).  I have heard that
he waits in the county elections office until the last minute and then
randomly chooses an opponent.  He has never, to my knowledge, ever
articulated a serious reason for any of his challenges.  While I am a
believer in judicial elections to enforce some sort of accountability, this
argument is undermined by someone like Kolosky who treats the process like a
game.  Judges have powerful jobs that can have profound effects on people's
lives.

I am very familiar with Judge Crump.  He has one of the most affable and
easygoing personalities.  Judge Crump is not the most scholarly jurist, but
does apply a common sense approach which seems to work very well becuase of
his extensive experience, and understanding of people in general and the
dynamics of the judicial system.  His decision in the Twins case is a great
example.  I have heard that Judge Crump is often too prosecution-oriented in
serious criminal cases, but he has been fair in my cases.

-----------------------------------

Judge Herbert Lefler v. Liz Pierce

I do not know Liz Pierce.  I have appeared extensively in front of Judge
Lefler, and have no significant complaints.  He is easygoing, respectful of
the attorneys and parties, and listens to all sides.  Judge Lefler is
another judge that seems to emphasize a common sense approach to decision
making.  I would be interested in hearing more about Liz Pierce and why she
is challenging Judge Lefler.

--------------------------------

Judge Tanya Bransford v. Pat McCormick

I am familiar with Judge Bransford, and know nothing about Pat McCormick.
However, I have no idea why anyone would challenge Judge Bransford.  She is
highly capable both intellectually and in understanding and relating to
people.  It is curious while six out of twenty-seven judges are being
challenged, two of them are among the fewAfrican American judges (Judges
Bransford and Crump).  Judge Bransford is particularly conscious and active
in dealing with the extremely problematic issues of racial bias in the
justice system, and is effective at doing so because of her affable
personality.

--------------------------

Judge James Swenson v. Robert Schwartz

I have appeared in front of James Swenson, who does exclusively family law,
for one divorce trial.  Although he is brash and I did not get a positive
result, in hindsight I cannot substantively fault his handling of the case
or his reasoning.  He has a no-nonsense and common sense approach to
expediting and deciding cases which is important in divorce cases which can
unnecessarily consume family's lives.

I do not know Robert Schwartz.  Based on what I have read,  I cannot see a
good basis for the challenge.

-----------------------------

It feels strange and uncharacterstic that I have spoken positively of all
the incumbent officeholders.  There are some other judges that I would like
to see challenged.  Maybe in the future.

Jordan Kushner
Golden Valley

_______________________________________

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