State board investigates all 7 justices about marriage laws

11/25/2007

Associated Press | 11/24/07


ST. PAUL -- The state Board on Judicial Standards has opened investigative files on all seven Minnesota Supreme Court justices following allegations that one or more justices may have had improper conversations regarding Minnesota's marriage laws.

David Paull, executive secretary of the board, confirmed the action to the Star Tribune of Minneapolis but would not comment on the specifics.

The board began investigating Chief Justice Russell Anderson and Associate Justices Barry Anderson and Paul Anderson earlier this month after complaints were filed by state Rep. Tom Emmer, R-Delano, and lawyer Greg Wersal.

Emmer made clear in a follow-up letter that his complaint was not limited to those three, and the board has now opened files on Justices Lorie Gildea, Samuel Hanson, Helen Meyer and Alan Page.

Paull said the board first conducts a preliminary investigation of a complaint. After that, it can dismiss the complaint or go to an actual investigation.

The board has the authority to call witnesses and gather information, Paull said. If it decides to impose disciplinary action, it can do so privately.

If the judge in question asks for a hearing, the matter becomes public.

When the process is complete, the board could file a formal complaint with the Supreme Court, which would then appoint a fact-finding panel. If a justice is involved, the panel would be appointed by the Court of Appeals.

The investigations stem from the controversy over whether Senate Majority Leader Dean Johnson, DFL-Willmar, had improper conversations with one or more justices.

Johnson told a group of pastors in January that he had been told by more than one Supreme Court justice that the court would not take up the issue of same-sex marriages. While such marriages are prohibited by law, proponents of a constitutional ban say the court could overturn the law at any time.

Johnson later said he had "embellished" the conversations. However, when he was called before a Senate ethics panel, his lawyer maintained that he did have casual conversations with justices about the law. He apologized, and the panel closed its investigation.

Chief Justice Anderson said at the time that he had questioned his associates and that no such conversation had ever taken place. Supreme Court justices are prohibited from giving any indication of how they might rule on cases.