Judge orders essential state services kept

06/24/2005

Patricia Lopez,
Star Tribune
June 24, 2005

A Ramsey County district judge ordered on Thursday that the state must continue to fund essential government services even if a budget impasse results in a partial government shutdown on July 1.

Chief Judge Gregg Johnson also appointed former Supreme Court Justice Ed Stringer to serve as the court’s special master, with the power to decide which state-funded services would continue by court mandate.

The order had been sought in separate motions by Attorney General Mike Hatch and Gov. Tim Pawlenty.

Hatch in his motion asked the court to define core state functions broadly, allowing local units of government to participate in defining what they consider essential.

In the governor’s motion, Eric Lipman, Pawlenty’s associate general counsel, argued that essential services should be limited to a narrowly defined agency-by-agency list prepared by the administration. Broader definitions, he said, would lead to “unnecessary clashes with the legislative branch.”

Allowing local units of government to participate, Lipman said, would make for “roving ‘core function’ conventions” and would invite “constitutional chaos.”

Hatch later said he expects Johnson to rule in favor of the definition allowing for local government input. The same structure, he noted, was authorized by the court in 2001, when a court order was signed mere hours before a shutdown was averted by a last-minute budget deal.

Johnson, in fact, rejected Lipman’s argument.

He ruled that local units would be allowed to define their essential services and take their case to the special master for approval. He also, however, included Pawlenty’s list among the approved essential services.

That means Pawlenty met two particular objectives: continued funding for construction projects and for the mandates of the federal No Child Left Behind act.

Brian McClung, Pawlenty’s press secretary, said the governor was “very pleased” at the promptness of Johnson’s order and his decision to approve Pawlenty’s list as part of the state’s essential services.

Special master

As special master, Stringer, a former chief of staff to Republican Gov. Arne Carlson, would have broad powers to allow funding for continuing services.

In his motion, Hatch had recommended that Carlson and former DFL Gov. Wendell Anderson be appointed dual special masters, citing their executive experience.

But officials representing the administration registered their concerns about those appointments. Carlson and Anderson have criticized Pawlenty for his no-tax-increase pledge.

McClung later noted that “we’re glad the court decided to choose someone who is not a lobbyist or paid political commentator to be special master. “

Anderson is a lobbyist for Blue Cross and Blue Shield of Minnesota and for Medica. Carlson has worked as a political commentator from time to time.

McClung said no objection was raised to Stringer, who he said would be “open and fair.”

Stringer said he was “very excited” about his new role. “Public service has been in my blood for a long time,” he said. “If I can be of some help with the skills I’ve developed in the judiciary, mediation and government, I’d be delighted to bring them to bear.”

Stringer, 70, was a Carlson-appointed Supreme Court justice for eight years, stepping down in 2002. Since then he has practiced at Briggs and Morgan, specializing in mediation. Before joining the Supreme Court, he was Carlson’s chief of staff for four years.

Stringer said he won’t wait for the June 30 deadline to start his new duties but will dig in immediately. Today he plans to meet with Hatch, Pawlenty and Judge Johnson “to work out some of the ground rules.”

He would, he said, “find a nook at the Capitol, so I can be accessible and available. I see my responsibility as helping them keep the wheels on the track given the shutdown—if that happens.”

Resolution urged

In a statement from the bench, Johnson also urged leaders to see that matters don’t get that far.

He encouraged them, despite his ruling, to resolve the budget impasse that has brought the state to the brink of shutdown, “in order that I might avoid having to put a government shutdown plan in effect.”

After the hearing, Hatch said, “The people of the state should be severely embarrassed” that state officials had to seek such a court order.

“This is a failure of leadership,” he said. “It’s a failure of politics.”

Later, McClung said: “The governor wants nothing more than to resolve the budget impasse.”

He said Pawlenty met privately with Senate Majority Leader Dean Johnson, DFL-Willmar, for an hour and 45 minutes on Thursday afternoon, without staff members, to discuss possible options.

“It was a good meeting,” McClung said. “They agreed they had some homework to do.” The two planned to meet again Thursday night or today, McClung said.