Re: [StPaul] Mike Fetsch For Ramsey County Judge

2004-10-28 Thread [EMAIL PROTECTED]
Although I always find troubling Andy's strident tone on any number of
issues, I am embarrassed to admit that he's right about my being rather
cavalier in appearing to "endorse" Patty Sifferle for Ramsey County judge
over Michael Fetsch, based solely on Jeanne Weigum's comments about Judge
Fetsch's handling of the MPAAT case. I think I was reacting more to the
grilling Andy was giving Ms. Sifferle which, based on the information
contained on her website, seemed pretty heavy-handed. Nonetheless, Andy is
right: It's silly to shoot from the hip about whom one should vote for
based on information from just one individual's experience. 

The reality is that I rarely know whom I'm going to vote for in judge and
soil supervisor races, because these contests receive so little publicity.
(Contrary to Andy's statement: I am not a lawyer--yet--just a law school
grad fifteen years ago). But whenever I hear that a judge is not prepared
for a case, regardless of the reason, I am always concerned, because being
in command of a case that comes into one's courtroom is a primary
responsibility for any sitting judge. Whether Mike Fetsch may have been a
good progressive prior to getting on the bench is irrelevant; his record as
a judge is what matters now. Jeanne Weigum has offered one example of where
the judge appears to have mishandled a rather important matter at a crucial
point in a legal action; that the judge later did the right thing is of
course relevant, but if Jeanne felt strong enough about how Judge Fetsch
dealt with the preliminary stages of this case such that she's not going to
vote for him, well, I think that's a pretty significant factor to consider
given Jeanne's credibilty on a number of other issues. 

So while I don't agree with much of Andy's argument defending Mike Fetsch
and questioning Patty Sifferle, I do accept his judgement that I acted
irresponsibly in my last posting suggesting one should vote for Ms.
Sifferle based on Judge Fetsch's handling of this one case. Anybody
interested in this race should ask around to attorney friends, visit Ms.
Sifferle's website, etc., because obviously the opinions of just Jeanne and
Andy provide only a snapshot into this race. It may be that Mike Fetsch is
a very competent judge and that Patty Sifferle a very competent challenger,
which is probably what we want in a judicial race, as opposed to some MCCL
ideologue trying to unseat a sitting judge.

So I'll leave everybody with a much safer endorsement, one which I can give
based on far more information and conviction: Vote Kerry on November 2nd. 

Tom Goldstein
Hamline-Midway
(Nader supporter in 2000)

Original Message:
-
From: Andy Driscoll [EMAIL PROTECTED]
Date: Thu, 28 Oct 2004 02:55:53 -0500
To: [EMAIL PROTECTED]
Subject: Re: [StPaul] Mike Fetsch For Ramsey County Judge


To say that I'm keenly disappointed in the decisions of my otherwise close -
and progressive - friends, Jeanne Weigum and Tom Goldstein would be the
understatement of a generation.

Since both of these people have had fairly intimate contact with the law and
the judiciary over several years, they should also know that the complaints
Jeanne raises could have a thousand reasons behind them having nothing to do
with Judge Fetsch's competence to remain on the bench. Rather than rushing
to judgment on a single case experience, it would behoove anyone voting for
this seat to examine the complete record and talk with people who must deal
with the judge every day and on a regular basis.

Jeanne recalls that when he had time to digest briefs and other evidence in
the MPAAT case, and with proper facts in in mind, Michael Fetsch ruled in
favor of her organization. What conditions were present for the initial
ruling and the delay are something he should be queried about, but anyone
familiar with the justice system understands the docket load, the short time
judges have in considering the merits around temporary restraining orders
and the competing arguments which a judge must consider quickly within an
otherwise overwhelming docket load.

It's possible for instance, that he was concerned that the merits would
eventually preclude MPAAT expenditures of state-stewarded tobacco settlement
funds for seeking local smoking bans in Minnesota cities rather than using
them for pure educational materials and events and in lieu of a full trial
on those merits, felt the need to cease all activity until that trial could
be held. These are technical legal issues and procedures a judge must
consider that parties to a process can almost never remain objective about.

As for the timing, no one should no better than those of us who have wanted
immediate action from a glacial system of justice to prevent closing or
expedite closings, etc. etc.

Tom is a lawyer and should know better. Jeanne's been through this dozens of
times.  We both have. 

Re: [StPaul] Mike Fetsch For Ramsey County Judge

2004-10-28 Thread Andy Driscoll
To say that I'm keenly disappointed in the decisions of my otherwise close -
and progressive - friends, Jeanne Weigum and Tom Goldstein would be the
understatement of a generation.

Since both of these people have had fairly intimate contact with the law and
the judiciary over several years, they should also know that the complaints
Jeanne raises could have a thousand reasons behind them having nothing to do
with Judge Fetsch's competence to remain on the bench. Rather than rushing
to judgment on a single case experience, it would behoove anyone voting for
this seat to examine the complete record and talk with people who must deal
with the judge every day and on a regular basis.

Jeanne recalls that when he had time to digest briefs and other evidence in
the MPAAT case, and with proper facts in in mind, Michael Fetsch ruled in
favor of her organization. What conditions were present for the initial
ruling and the delay are something he should be queried about, but anyone
familiar with the justice system understands the docket load, the short time
judges have in considering the merits around temporary restraining orders
and the competing arguments which a judge must consider quickly within an
otherwise overwhelming docket load.

It's possible for instance, that he was concerned that the merits would
eventually preclude MPAAT expenditures of state-stewarded tobacco settlement
funds for seeking local smoking bans in Minnesota cities rather than using
them for pure educational materials and events and in lieu of a full trial
on those merits, felt the need to cease all activity until that trial could
be held. These are technical legal issues and procedures a judge must
consider that parties to a process can almost never remain objective about.

As for the timing, no one should no better than those of us who have wanted
immediate action from a glacial system of justice to prevent closing or
expedite closings, etc. etc.

Tom is a lawyer and should know better. Jeanne's been through this dozens of
times.  We both have. A judge may be powerful, but even Mohammed can't move
the mountain in disputes where millions of dollars and wildly competing
agendas are at play for the money.

But if this case is going to be used as a symbolic reason not to reelect
Michael Fetsch, then I consider such judgment highly irresponsible for their
lack of solid political foundation.

Fetsch will probably cringe at this, but in all the 60 years I've known him,
no man could be more feminist, no lawyer more attuned to the underdog, no
near-priest could be as compassionate and no judge could be more competent
and fair as Michael Fetsch.

Before he was a judge, Mike was a solid progressive, but always listened to
all sides concerned. He is a mature, reasonable, knowledgeable and
experienced jurist and if someone has evidence to the contrary, I want more
facts than Ms. Sifferle has given us through her veiled negative comments
that weren't going to be  negative. And I surely want more evidence than
Jeanne Weigum has supplied that what she experienced as a party - or
interested friend of the party - to a case in which she had a passionate
personal and professional interest. To unseat a sitting jurist of this man's
stature requires patterns of incompetence and unfairness and laziness and
whatever else one wishes to cite as reason for pushing him off the bench.

Furthermore - what possible qualifications have we seen to commend Patricia
Sifferle as his replacement? None that I can see, except her own words as
being what every judge should be.

Can you tell I'm voting to retain Mike Fetsch on the district court? Can you
tell I'm very concerned that the criteria being used to unseat him are weak
and unconvincing?

Andy Driscoll
Crocus Hill/Ward 2
--


Date: Wed, 27 Oct 2004 23:25:02 -0500
From: "Tom Goldstein/Elysian Fields Quarterly" <[EMAIL PROTECTED]>
To: "Jeanne Weigum" <[EMAIL PROTECTED]>

Here's a good example of how the St. Paul issues list can provide helpful
info. in our community, such as relating one's interactions with public
officials. Since Jeanne Weigum's word is pretty golden for me, I'm going to
go with the challenger as well. And you can see from Sifferle's website that
she's not some right wing ideologue. Plus, she's a Carleton grad, which
means she's gotta have something on the ball!

Tom Goldstein
(now) Hamline-Midway
Carleton '79

- Original Message -
From: "Jeanne Weigum" <[EMAIL PROTECTED]>
To: "John Birrenbach" <[EMAIL PROTECTED]>
Cc: "St. Paul Discuss" <[EMAIL PROTECTED]>
Sent: Wednesday, October 27, 2004 2:09 PM
Subject: Re: [StPaul] Sifferle For Ramsey County Judge??


> I had some interactions with Judge Fetsch as it was his court that managed the
> MPAAT challenge led by Attorney General Hatch.  This case involved unfounded
> allegations which the AG supported primarily with documentation from a
> newspaper article.  The early filings made by MPAAT did not appear to have
> been read by the judge.  I base th