MN-Sen: State Supreme Court Justice is a Norm Coleman Donor and Should Recuse Himself

Last week, I took a look at the political leanings of the five Minnesota Supreme Court Justices who will decide Republican Norm Coleman's likely appeal.  Of one of the five Justices, Justice Christopher J. Dietzen, I suggested that he "has the clearest partisan background" of any of the Justices, pointing to facts including Dietzen serving as a campaign lawyer on Republican Gov. Tim Pawlenty's 2002 campaign.  Of Dietzen's service on Republican Pawlenty's campaign, I sarcastically noted:

So, Republican Gov. Tim Pawlenty's campaign lawyer is one of the five judges that will decide Republican Norm Coleman's appeal.  Nothing wrong with that.

Clearly, one of the Justices being active in Republican politics is sketchy, but I didn't go so far as to call for Justice Dietzen to recuse himself from any further cases before the state Supreme Court involving Norm Coleman and the Senate seat.  Until now.

DownWithTyranny! took my analysis a little further and found out that Justice Dietzen is himself a two-time Norm Coleman donor!  A simple search on OpenSecrets.org finds that Justice Dietzen has given to a number of Republican committees and candidates, including:

Contributor           Occupation            Date           Amount      Recipient
Chris Dietzen       Larkin Hoffman       12/3/01       $250          Coleman, Norm (R)
Chris Dietzen       Larkin Hoffman       1/21/04       $250          Coleman, Norm (R)

FYI, Larkin Hoffman is one of the law firms that Dietzen worked at before becoming a judge.

Remember that two of the Minnesota Supreme Court's seven Justices recused themselves from hearing Coleman's appeal to the state Supreme Court because they served on the state Canvassing Board.  Those two Justices wanted to avoid the conflict of having served on the Canvassing Board and then serving on the Court that will hear an appeal of, in part, the Canvassing Board's actions and decisions.

Well, one of the remaining Justices that will decide Norm Coleman's electoral fate is a two-time Norm Coleman donor!  Heck, one of the two contributions occurred in the six years leading up to Coleman's 2008 re-election bid - in other words, it was put toward this very election whose result Coleman is preparing to appeal.  This is a crystal clear conflict of interest.  Justice Dietzen should recuse himself from any Coleman appeals to the state Supreme Court in order to prevent the (rather obvious) appearance of bias.  If you feel the same way, you should let Justice Dietzen know by contacting his office at (651) 297-7650, and - very respectfully - urging Justice Dietzen to recuse himself in order to avoid a clear conflict of interest and the appearance of bias by having a previous Norm Coleman donor rule on Norm Coleman's electoral fate.

For daily news and updates on the U.S. Senate races around the country, regularly read Senate Guru.



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Good work (none / 0)

Just to cover our bases, we should make sure that none of the justices donated to Franken, or to Coleman opponents in previous years, too.


You can't stop the signal.

President "That One"

by Dracomicron on Mon Apr 13, 2009 at 09:35:15 AM EST

Re: MN-Sen: State Supreme Court Justice is a Norm (2.00 / 1)

Another interesting observation. In 2002 former Senator Coleman was running against Senator Wellstone when he was killed in a plane accident. There wasn't time left [approximately 2 weeks] for absentee ballots to be adjusted with former V.P. Mondales name. At no point during this process did former Senator Coleman care about the disenfranchisement of those voters. Such a phony argument from such a phony politician.


by stinamond5 on Mon Apr 13, 2009 at 10:23:33 AM EST

This is just unreal to me. (none / 0)

How can anybody in good conscience not have recused themselves automatically before this?

More: How can somebody who is assumed to have such good and trustworthy judgement that they are hired for that exact characteristic not recuse themselves?


by ThatTallGuy on Mon Apr 13, 2009 at 12:09:33 PM EST

Re: MN-Sen: State Supreme Court Justice (none / 0)

One of the EI blogs has rated the Minnesota System as the example for all the rest of the states:

http://blogdredd.blogspot.com/2009/04/brad-blog-abandons-big-bad-john.html


by Dredd on Mon Apr 13, 2009 at 01:14:42 PM EST

Re: MN-Sen: State Supreme Court Justice (none / 0)

It seems inappropriate, somehow, to encourage members of the public to contact a judge in order to urge specific judicial action.  I can't quite put my finger on it but I don't recall ever seeing anything similar in the past.


"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Mon Apr 13, 2009 at 01:48:45 PM EST

The exact opposite (none / 0)

A "specific judicial action" is not being urged - in fact, the exact opposite - urging him to recuse himself to avoid any judicial action by this individual is being urged.  Not lobbying the judge to rule in favor or against one way or the other, but rather to avoid having him rule on very clear grounds - the fact that he financially supported the campaign that is filing the appeal.


Check out the Guru's blog at http://www.senateguru.com/
by Senate Guru on Mon Apr 13, 2009 at 02:12:54 PM EST
[ Parent ]

Re: The exact opposite (none / 0)

I don't agree.  Recusal is itself a judicial action.  I don't think the courts are supposed to issue rulings based upon this sort of public pressure.

If recusal is really so clearly indicated in this case, then I expect the judge will do the right thing, and if he doesn't then surely his colleagues on the bench have the authority to take action.  My guess is that it's really not all that clear-cut as a legal matter.


"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Mon Apr 13, 2009 at 05:44:03 PM EST
[ Parent ]

Re: MN-Sen: State Supreme Court Justice (none / 0)

Let me get this straight...It seems inappropriate for people living in a country with democracy and free speech to urge an elected government official to do the right thing? Maybe in North Korea or Cuba?


by donttreadonme on Mon Apr 13, 2009 at 03:02:54 PM EST
[ Parent ]

Re: MN-Sen: State Supreme Court Justice (none / 0)

Yes, in a court proceeding between identified parties, members of the public do not typically contact the judge directly to encourage them to rule the way they want him to.


"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Mon Apr 13, 2009 at 05:40:24 PM EST
[ Parent ]

Re: MN-Sen: State Supreme Court Justice (none / 0)

I'm sorry, I just don't see $500 as a big issue.

A some point we have to expect that our representatives will behave like adults.

Every member of the MnSc probably voted for somebody. The fact that we have one member who we have a good idea of the way he voted doesn't negate the fact that every other member has some bias. What we expect and demand is that they put that aside and decide on the merits. If nothing else has been shown by this protracted process, it certainly has shown that in Minnesota our representatives have been able to put partisanship aside and follow the rules.


by Judeling on Mon Apr 13, 2009 at 05:17:57 PM EST

Rachel just mentioned this diary.... (none / 0)

Hey, we are all Blog-Monkeys!

Cool! Thanks Rachel!


Support the separation of Church and State: Vote YES on WA R-71!
by WashStateBlue on Mon Apr 13, 2009 at 09:17:58 PM EST

Didn't she mention Googling Blog monkeys (none / 0)

from MyDD.com? That was cool...


by louisprandtl on Tue Apr 14, 2009 at 12:07:45 AM EST
[ Parent ]

Re: Rachel just mentioned this diary.... (2.00 / 1)

Hee!  I stopped by specifically to point out the shout out.  I got beat to the punch!


by Dreorg on Tue Apr 14, 2009 at 01:18:04 AM EST
[ Parent ]


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