With the death and the retirement of judges in the First Judicial District, people in four counties will see new faces on the bench.

This is because two present judges have requested transfers to Carver and Dakota counties, which means the two new judges, who are to be appointed by Gov. Tim Pawlenty, will be placed in Le Sueur and Scott Counties instead.

The vacancies came about from the March 25 death of Carver County Judge Jean Davies, and the recent disability retirement of Dakota County Judge William Thuet.

In light of the pending opening on the Carver County bench, Le Sueur County’s sole judge for the last 14 years, Richard Perkins, asked the State Supreme Court for permission to transfer to Carver County.

Noting that he didn’t arrive at the decision lightly, Perkins said he sought the move because he wants a change of environment after serving as the sole judge in the same place for so many years.

He said he is looking forward to more professional collegiality and a “new cast of characters.” Meanwhile, Scott County Judge Mary Theisen asked to transfer to Dakota County, where she lives, when she heard Judge Thuet was seeking a disability retirement there.

All the affected counties lie in Minnesota’s First Judicial District. Judges are assigned to a particular county court, but hear cases in other courts in the district as needed.Perkins and Theisen will make their respective moves after the new appointments are made. Both still face re-election this fall to their old seats, which are technically flip-flopping with Davies’ and Thuet’s old seats.

For now, Perkins intends to make the 32-mile drive to Chaska, instead of moving, because he and his wife care for elderly parents in Le Sueur. Thuet, who retired effective June 30, was also up for re-election this year. But due to the timing of his retirement, the election for that seat has been cancelled and will be held instead in 2010.

Thuet is the judge who made news last year when he was fined and reprimanded by the Minnesota Board of Judicial Standards for giving preferential treatment to a woman he knew in a drinking and driving case.

Although Davies’ seat wasn’t up for election until 2012, her successor will stand for election also in 2010. This is because, under state Constitution rules, when the governor fills a vacant judgeship, the public doesn’t elect a successor until the next general (even-year) election occurring more than 12 months after the appointment. 

Bert Black, a legal advisor for the Minnesota Secretary of State, said the theory behind adjusting the election time is to give new judges a chance to get acclimated before facing re-election.

And the reason for filling a vacancy right away through appointment, versus leaving the spot unfilled until the next scheduled election, is to maintain judicial services, Black said.

Local residents may remember in 2002, an election was still held to fill a vacant judgeship in Scott County that resulted from a retirement, which is an unusual occurrence.In that case, sitting judge Eugene Atkins informed Gov. Jesse Ventura in June 2002 he intended to resign four days before his term ended on Jan. 6, 2003.

The governor’s administration planned to appoint someone to replace the judge, thwarting the fall election. However, the State Supreme Court ruled the election should proceed as scheduled, because Atkins was essentially serving out the full term of his office and the four-day vacancy didn’t create a significant gap in judicial service. After a 12-way primary race for that seat, Carol Hooten went on to win the general election to succeed Atkins.

Application process

Licensed attorneys who live in the First Judicial District can apply for the either or both of the judicial openings until Aug. 12. The state Commission on Judicial Selection is expected to begin interviewing candidate next month, said John Hultquist, who oversees judicial, board and commission appointments.

Hultquist said he is hopeful the commission will recommend finalists to the governor before Labor Day. The governor is likely to make an appointment sometime after that.  

The appointment will be the third new judge for Scott County in the last two years. Gov. Tim Pawlenty appointed former Carver County Attorney Michael Fahey in April 2007 and Jerome Abrams last November to the Scott County bench.

Interested parties may request an application by contacting John Hultquist at (651) 296-0019, john.hultquist@state.mn.us or by writing: Ronald J. Schutz, Chair; Commission on Judicial Selection; 130 State Capitol; 75 Rev. Dr. Martin Luther King, Jr., Blvd.; St. Paul, MN 55155.