Ramsey County Law Library Blog

Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made, published in September 2018, features essays from U.S. judges who describe the cases that were difficult for them to decide.  Two Ramsey Court District Court Judges contributed chapters to this book, and they were the featured speakers at the CLE hosted by the Law Library and the Ramsey County Bar Association on September 16.

Judge Bohr discussing the chapter she contributed to Tough Cases.

In Judge Gail Bohr’s chapter, “A Judge’s Hidden Struggle: Overcoming Judicial Culture” she writes about the difficulties she had as a judge in deciding a custody case.  When asked why she chose this case, she responded,

Family law custody cases in the absence of agreement are difficult because they are high conflict cases, and the judge has to decide who will be the primary custodian and what the parenting time schedule for the child will be, among other things.  Here, the parents did have an agreement, but the 18 month old baby would bear the brunt of that agreement, moving every day from one parent to the other.  Could I, as the decision-maker, over-ride their agreement in deciding the child’s best interests?

While she was deciding this case, her many years of experience as a social worker contributed towards her uncertainty about the custody agreement created by the parents.  Her instincts said that the equitable but unwieldy parenting plan was not in the best interest of the child, though the amicable solution would avoid a trial.  As it happened, life intervened, and the child was placed with her grandparents when both parents were unable to take on parental responsibilities of raising an infant.  Because of this case, Judge Bohr concluded that she could not ignore her life experiences when rendering a decision – and in fact, she needed to rely on those experiences to make the best possible decisions.

But for a completely different kind of case, look no further than the chapter penned by Judge Edward Wilson, who wrote about his experiences serving in Kosovo as part of the United Nations Mission in Kosovo (UNMIK).  Judge Wilson, along with other international judges, was there to establish a new, workable justice system in Kosovo to fill the vacuum left by the downfall of Slobodan Milosevic and end of Serbian totalitarian rule.

Judge Wilson talking about his time as a member of UNMIK.

It was a difficult environment to work in, as there was deep mistrust and hatred on both sides. Because of the enmity and distrust, there was no expectation that trials would be fair, or that the attorneys would be prepared to defend their clients. While UNMIK tried to set up a structure to provide fair hearings, it was hard to overcome the intense antagonism rooted in generations of conflict between the Kosovars and Serbs. Because of this enmity, the local lay people who served as judges on the panels could not be impartial in rendering decisions or determining appropriate punishment.

Although the nascent legal system that he worked with in Kosovo was quite different from the established court system here in Minnesota, Judge Wilson feels that the work he and the other international judges did had a lasting impact on the legal culture of Kosovo. Personally, he enjoyed the experience and learned so much working with other judges from around the world. For anyone who has the opportunity to serve on an international, he strongly encourages you to try it out. Learn as much as you can about the region before you go, keep an open mind, and be prepared to engage with the people and their culture.

While the details and situations that made these cases “tough” for the judges were vastly different, Judge Bohr does see a common thread: “The similarities I see are not so much in the subject matter but in the judges’ inner turmoil as they struggle with the decisions they must make. The book really exposes the humanity of judges as we struggle to arrive at a just and fair decision.”

If you missed their presentation at the Ramsey County Law Library, you will have the chance to see them again.  They will be presenting at a CLE program hosted by the Minnesota State Law Library on November 5 at 1:00 p.m. at the Minnesota Judicial Center, room 230.

If you have ever been to the Ramsey County Law Library, then you know that a striking feature is the tall windows that look over the Mississippi on one side, and downtown St. Paul on the other.  The tall windows accentuates the open, airy feeling to the law library, with two-story high ceilings in the main reading rooms.  But have you even wondered how the some of the light fixtures and ceiling work is maintained?  Recently, building mechanics Mike Nelson and Jon Dibb were called up to replace some burned out bulbs and a missing ceiling tile.  Here is how they did it.

To replace the missing ceiling tile, Jon and Mike used a scissor lift to reach to ceiling.  Some of the walkways were partially blocked.  Luckily it was a slow morning in the law library, as they had to anchor the lift so it wouldn’t tip over.

Once the lift was secure, the guys could use it to quickly zip up to the ceiling to replace tiles and burnt out bulbs.  The lift is pretty portable, and can be easily moved throughout the library.

The view of the law library from this tall perch is spectacular.

You can get a close-up view of the judicial portraits, too.

An up close and personal look at Judge John Willey Willis and Judge Richard Ambrose Walsh.

For tight areas where it isn’t possible to fit the lift, the guys change the bulbs using a ladder and a lightbulb changer.   This task can get a little tiring considering the law library has ceilings that are 2 and a half stories tall!  The next challenge will be to figure out how to change the bulbs in the chandeliers.  Stay tuned!

Justice Wilhelmina M. Wright

As the nation celebrates Women’s History Month, it is only natural to look locally to our own leaders, and see many examples of leadership and integrity. One such woman who exemplifies fairness and respect is Judge Wilhelmina Wright of the Federal District of Minnesota.

For those who aren’t familiar with this incredible woman, Judge Wright started her judicial career as a Ramsey County District Court Judge, appointed by Governor Jesse Ventura. Two years later, she was elevated to the Minnesota Court of Appeals, and then in 2012, was selected to become a Minnesota Supreme Court Justice. Four years later when she was nominated to the federal bench, her appointment was remarkable for several reasons: She was the state’s first female African-American justice, and she was the only jurist in state history to have served as a state district court judge, appellate court judge and state Supreme Court Justice. And in a time when judicial confirmations are long and messy, her process was very short. From the time she was nominated by President Obama to the final vote in the Senate, it only took 171 days.

Judge Wright’s personal conviction regarding work ethic, sound judgment, and dedication to public service is reflected in her years devoted to serving the public. She embraces these qualities, and has a deep respect for the law, the courts, and all participants in the judicial system. In fact, she has said that, “Fairness, impartiality, respect for the rule of law, and respect for all litigants are fundamental requirements for a judge… Indeed, I have no agenda as a judge other than these values. In my nearly 15 years of service as a Justice on the Minnesota Supreme Court and as a Judge on the Minnesota Court of Appeals and the Ramsey County District Court, these values have been my lodestar, and I give no consideration to whether I agree or disagree with a party.”

To achieve this level of fairness in the Courts, she has said numerous times that diversity enriches the practice of law, and is an integral part of the judicial system. As she said in written remarks to Senator David Vitter during her confirmation hearing process,

In light of the number of highly qualified women lawyers and lawyers of color who are learned in the law and have the ethical and moral fitness to serve as a judge, I believe it would undermine the public’s trust and confidence in the judiciary if there were no judges who are women or judges of color.

We are proud that this learned and honorable judge got her start in Ramsey County.

As we appreciate the historical significance of the Fourteenth Amendment throughout May, we can consider two lesser-known figures.  This is first the story of a man named John born in Kentucky in 1833 to a slaveholding family. His father was a loyal Whig political leader and lawyer, who served both in Congress and as Kentucky’s attorney general. The father wished the same political stature for his sons, and named this particular son for his favorite Supreme Court justice. This son indeed followed in his father’s footsteps, even attending law school before it was standard to a legal career. It wasn’t long thereafter that he himself was elected attorney general of Kentucky. Although John strongly supported efforts to keep Kentucky in the Unionleading up to the Civil War, he was staunchly opposed to the Emancipation Proclamation. But since the Proclamation only applied to rebel states and not Kentucky, he continued to be responsible for his family’s slaves after his father’s death. His pro-Union, pro-slavery position was politically precarious, and he lost his bid for the US Senate in 1867, as well as his bid to remain attorney general of Kentucky.

John retreated from politics into his law practice, but he was quietly undergoing a philospical metamorphosis. Specifically, he began championing ideas of racial equality which he had previously scorned.  Now affiliating himself with the Republican party, he soon embraced both the Thirteenth and Fourteenth Amendments.  His passionate campaign speeches helped bring about the election of Rutherford B. Hayes in 1876, which led to his appointment by President Hayes to the Supreme Court in 1877. Thus began the epic high court career of John Marshall Harlan, with his reputation as the Court’s “great dissenter.” His famous dissents included the lone ones in both the Civil Rights Cases (1883) and Plessy vs. Ferguson (1896). We may see his opinions as heroic in our age, and indeed, his Plessy dissent was later regarded by a young Thurgood Marshall as his “bible” as he argued the case that led to the historic Brown vs. Board of Education decision.  But Harlan was considered by his peers and contemporaries a contrary and eccentric  justice.

John Marshall Harlan’s dramatic political turnabout may be cause for speculation, but this Smithsonian article presents an interesting theory. John grew up in the presence of a “light-skinned, blue-eyed” slave named Robert, who was believed to be John’s half-brother. Indeed, John’s father treated Robert as his son, which he likely was. Robert grew up to have a keen business sense, operating both a barbershop and a grocery store in the 1840’s. The proceeds of these ventures allowed him to buy his own freedom when he was thirty-two. Robert traveled from place to place after the war, amassing a fortune in real estate and other ventures. He also became involved in Republican politics, and President Chester A. Arthur appointed him to the U.S. Treasury as a special agent. In 1886 he was elected a state representative. He and John stayed in contact throughout his life. It’s plausible that Robert’s quiet but dramatic success may have inspired John’s evolution into an early champion of racial equality. Robert James Harlan died one year after the Plessy decision. Justice John Marshall Harlan remained on the Supreme Court until his death in 1911.

Join us for the free CLE, For Your Peace of Mind: No Cost Legal Research/Net Security Tips, on Thursday, May 31 at 3:30 p.m.  The program will give a concise review of Fastcase, which is free with an MSBA membership, and Google Scholar.  It will also highlight tips for securing your computer and online communications from various online threats.

We will be giving a tour of the Law Library at 3:00 p.m., so make sure to arrive early.

For more information and how to register see the brochure.

The Ramsey County Law Library is now on Facebook. View the library and check out the amazing view of the Mississippi River. Check back often for updates.

The Law Library now has free wireless internet access for patrons – bring your laptop or wireless mobile device to connect to the internet.

Come visit us on the 18th floor of the Ramsey County Courthouse.

The Ramsey County Law Library is now on Twitter.  Keep updated on our library events, local and national legal news, along with other interesting current events by following us at http://twitter.com/RCLawLibrary.