Friday, February 22, 2008

Gouldee@netscape.com- Documents-Judge holter MN

Former Governor Al Quie might have a vested interest in changing

the Minnesota Constitution on behalf of his bad Judicial appointees.

In the 2006 Election, Former Justice Terrance Holter was removed from

office, by the voters, in Beltrami County and for good cause. In other words, the

present system does have a good check and balance built into it, it's called the


Former Gov. Al Quie is the governor that appointed Former Ninth District Judge

Terrance Holter. Holter was cited for having secret meetings on cases that he was

hearing without both parties, to the cases, being present.

In a hearing, on October 13, 1999, Ninth District Chief Judge Lois Lang first cited

Former Judge Holter for having a secret meeting dealing with a criminal case. In

that case, (04-99-TS-1200), the secret meeting was held between Chief Public

Defender Kristine Kolar, Asst. Beltrami County Prosecutor Schieferdecker (under the

supervision of Beltrami County Attorney Timothy Faver), and Former Justice Holter.

By the way, Kristine Kolar was not the defendant's attorney. In other words, the

(3) three held a secret meeting without the defense being present. Their actions

were observed, and the defense attorney brought complaint which caused Former Judge

Holter to be cited for violation of Minnesota Canon 3(A)(7)(a), and 3(A)(7)(a)(ii).


In the same time frame, Former Justice Holter held another ex parte court hearing,

in case (F1-99-602) against a Native American woman, and wrongfully took her

custody of her child and ordered the child to be placed in the care of her husband

that had just previously been convicted of domestic abuse. It was only a few

months before Holter's ex parte hearing that Holter gave custody to the mother,

during divorce proceedings, which included claims to the dangerous actions of the

father, then already substantiated by a court conviction.


Beltrami County Prosecutor Timothy Faver then had the mother arrested and charged

her with a felony of denial of parental rights, when she had not been informed or

was even made aware of the ex parte hearing between her ex-husband, the exhusband's

attorney, and Justice Holter. Faver then prosecuted the mother. However,

her defense lawyer was again Kristine Kolar who instructed her to plead guilty to a

crime Kolar knew the Native American woman had not committed. The Native American

woman refused to plead guilty. Former Justice Holter then found the Native

American woman guilty as charged. Thus, the 6 year old girl was forcibly removed

from her mother and handed to the convicted domestic abuser. Shortly after, the

mother hired a real defense attorney, removing Kolar, which defense attorney

brought complaint against Holter's wrongful ex parte ruling.

Bill Lawrence covered this issue in his paper which brought the entire situation

out into the open. When this situation got into the news, suddenly Holter reversed

himself and demanded the child be returned to the mother, but it was too late, as

the child was already in the hands of the convicted domestic abuser, who took the

child to the Red Lake Reservation and refused to return her. To find this story

all anyone has to do is google on "Jawnie Hough" which is the name of the mother. I

also have the documentation if the Internet no longer has Jawnie's story.

Yet again, a secret meeting was held, around September 19, 2002, by Former Judge

Holter and an attorney, in a civil land partition case (CX-01-1457) where Holter

and the attorney engaged in a conversation even though the attorney had no legal

interest in the case and was not a party to the case. Former Judge Holter requested

the lawyer to provide information, to himself, from a third party who had neither

legal interest in the case nor was party to the case, information that had been

ruled on by another judge, sitting in Beltrami County, to have no substance. Then,

Former Judge Holter ruled on the case in favor of the third party without either of

the proper parties being present and without allowing either of the proper parties

a chance to respond to the secretly gathered information by Holter. When one of the

parties, to the case, found the false and libelous information, in the court file

he complained to Former Chief Judge Dennis Murphy, who after his investigation,

wrote that he talked to Holter who admitted the ex parte interaction occurred, but

had told the ex parte attorney to inform the parties to the case. [3]

During the last campaign, in a Chamber of Commerce forum to meet the candidates,

the Bemidji Pioneer quoted (see below) Former Justice Holter of responding to a

question, by a voter, as to whether or not he had ever been cited for violating

judicial canon, where he falsely responded that he had not, but then went on to say

that they had ex parte meetings all the time, and that ex parte meetings were

needed. However, Minnesota Judicial Canon expressly prohibits ex parte


Also during the 2006 Campaign, Former Justice Holter clearly claimed that almost

all of the Ninth District attorneys and sheriffs supported him. [6]

Now, if the voters had had their constitutional rights taken from them

to remove a judge via the election process, as Al Quie suggests, Former Justice

Holter would likely still be enrobed, and moving ahead with his ex parte and secret

meetings, in violation to the U.S. and Minnesota Constitutional due process

protections. As Holter would most likely of received a high mark from the board of

review suggested by Al Quie's plan.

The February following the 2006 elections, Former Justice Holter then charged the

winner with violating state campaign rules, however, the administrative Judge,

hearing the case, dismissed Holter's complaint (12-0320-17816-CV).[4]

It may also be interesting to know that Governor Pawlenty's Judicial selection

committee had chosen Kristine Kolar as one of the top prime candidates for being

appointed as a 9th District Court Judge in Beltrami County, even after, and

regardless of her being involved in the secret meeting in the criminal case.

Had Al Quie's Judicial Plan, to trust the Judicial Committees to make

recommendations on Judges, to the voters been implemented, it is almost certain

that Holter would of received high marks, thus, the electorate would of found that

they cannot trust the Judicial selection committee's recommendations to

police judicial selection and retention. Neither can a Judicial Board, selected by

the Governor, work on rating Judicial officers.

Also, had Al Quie's plan been implemented in the 2006 election process, it is

extremely likely that Former Justice Holter would still be having his ex parte and

secret meetings as a Ninth District Court Judge.

If any thing, should the Minnesota Constitution need to be changed, it

needs to be changed to remove the Governors from doing any appointing of

Judicial officers, and all Judicial officers need to be elected by the

people they serve as was planned by the framers of the Minnesota Constitution.

This information is not written to, in any, attack a specific person, but, to show

that it is gravely important that the voice of the people prevail in selecting

judges so that they can remove troubling sitting judges from the ranks. After all,

a fair and unbiased judiciary is what people expect when they find themselves

before the Court in either criminal or civil cases. This is so important to the

health and respect of our state courts that it can't be left to a number of

Judicial elites in St. Paul, or Beltrami County.

Best Regards,



Bemiji, MN 56601


[1] Ruling by Ninth District Court Chief Judge Lois Lang:

“Findings of Fact”

“10) Judge Holter did fail to 'make provision promptly to notify all other parties

of the substance of the ex-parte communication and allow an opportunity to

respond.' Minn. Code of Jud. Conduct, Canon 3(A)(7)(a)(ii).”

“13) Strictly construing Canon 3(A)(7)(a) of the Minnesota Code of Judicial

Conduct, the September 21, 1999, meeting between Judge Holter, attorney

Schieferdecker and Kristine Kolar, without Defendant Newman present, and the

subsequent failure to provide Newman with and opportunity to respond, constitutes a

violation of that provision.”

“Conclusions of Law and Order”

“2) Defendant Thomas Newman's motion to Remove the Honorable Terrance Holter for

cause is GRANTED. As a result of the meeting held on September 21, 1999, in the

absense of Defendant Thomas Newman, the impartiality of Judge Holter 'might

reasonably be questioned' in this case. Minn. Code. Jud. Conduct, Canon 3;...”

[2] Jawnie Hough Story


http://www.maquah.net/portfolio/Jawnie_Hough/index.html , and


htm , and


htm , and


htm , and


htm, and


htm , and

http://www.maquah.net/clara/Press-ON/portfolio/01-10-26_Armstrong.html .

[3] Findings in Ninth District Court Chief Judge Dennis Murphy's investigation

dealing with Former Justice Holter's ex parte meeting with outside attorney,

Murphy's letter dated: October 30, 2002.

“ I have had an opportunity to investigate your claims in the fax sent to me on

October 20, 2002.”

“ I have talked to Judge Holter about the ex parte communication by attorney

Ryan K. Kieson. He informed me that he told attorney Kieson to forward a copy of

that letter to your attorney.”

[4] Findings of Law Judge STEVE M. MIHALCHICK findings dated: February 12th, 2007,

dealing with complaint brought by Former Jutice Holter.

“On February 7, 2007, the Complainant filed a second complaint alleging that the

Respondent violated Minn. Stat. § 211B.06 by stating on his campaign website that

he has “thousands of hours of courtroom experience.” The Complainant attached a

copy of website to the Complaint.

After reviewing the Complaint and the attachment, the Administrative Law Judge has determined that

the Complaint does not state prima facie violation of Minnesota Statutes § 211B.06. Therefore,

Complaint is dismissed.

Based upon the Complaint and the supporting filings and for the reasons set out in the attached



That the Complaint filed by Terrance Holter against John Melbye is DISMISSED.”

[5] Excerpt from the Bemidji Pioneer October 28, 2006, entitled: "Holter

discusses role of Judge at forum"

"In an audience question, Holter was asked if he ever held an "ex parte"

conversation with an attorney or had been admonished by the district's chief judge

for doing so, suggesting it is a violation of judicial cannons for a judge to

discuss a case with an attorney without the attorney for the other side being

present. Holter said he's technically held "ex parte" discussions, but has never

been cited for violation Judicial cannons. Such discussions are necessary, as long

as they don't cross a line, he said. 'I have never had that complaint made,' he

said. 'We do ex parte all the time'"

[6] Excerpt from the Bemidji Pioneer entitled: “Candidates answer questions at

forum” Holter claim support by local attorneys' and law enforcement.

“Holter said 88 percent of attorneys in the 9th Judicial District support him in a

recent poll and that he has been endorsed by every county sheriff who has taken a