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
voters.
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).
[1]
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.
[2]
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
meetings.[5]
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,
218-xxx-xxxx
Bemiji, MN 56601
References:
[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
See:
http://www.maquah.net/portfolio/Jawnie_Hough/index.html , and
http://www.citizensalliance.org/Major%20Issues/Tribal%20Courts/Hough%20Article%201.
htm , and
http://www.citizensalliance.org/Major%20Issues/Tribal%20Courts/Hough%20Article%202.
htm , and
http://www.citizensalliance.org/Major%20Issues/Tribal%20Courts/Hough%20Article%203.
htm , and
http://www.citizensalliance.org/Major%20Issues/Tribal%20Courts/Hough%20Article%204.
htm, and
http://www.citizensalliance.org/Major%20Issues/Tribal%20Courts/Hough%20Article%205.
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
Memorandum,
IT IS ORDERED:
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
position.”
