Complaint says judge got special deal

A Goodhue County judge faces discipline for a whopping discount he got on his six-figure divorce bill after sending business to his lawyer.

The state Board on Judicial Standards alleges District Judge Timothy Blakely, who works in Goodhue and Dakota counties, received a $63,503 markdown on his divorce. The complaint says Blakely appointed his attorney as the mediator in cases he oversaw as a judge.

The state Supreme Court will appoint a three-person panel to hold a hearing and make recommendations that can range from public reprimand to removal, said David S. Paull, executive secretary of the board. Lawyer Doug Kelley of Minneapolis will act as prosecutor.

Such cases are rare. Last year, four judges were publicly disciplined, three of them from Dakota County.

Thomas Kelly, who represents Blakely, said nothing improper occurred. He said Blakely referred clients to his attorney as anyone might refer someone to a good lawyer. He argues that discounted payments are a reality for family lawyers after lengthy divorces.

"You have to take whatever you can because there's no money left," Kelly said.

The investigation into Blakely's actions began because his ex-wife complained he was given special treatment.

The nine-page complaint includes numerous e-mails between Blakely and his lawyer Christine Stroemer.

Stroemer said it wouldn't be appropriate for her to comment on an investigation by the board.

According to the complaint, Blakely struggled to pay the tab for his contentious divorce, which started in October 2002 and ended in September 2004. By December 2003, he was "severely delinquent" in paying his divorce fees to Stroemer of Collins, Buckley, Sauntry & Haugh.

Before his divorce, Blakely had not appointed Stroemer to mediate any divorces over which he presided in court, the complaint said. But in November 2004 he "ordered parties appearing before him" in a Dakota County case to submit to mediation with Stroemer. Divorcing couples pay their own mediation costs.

In the first two months of 2005, he appointed Stroemer as a mediator in three Dakota County District Court divorces, according to the complaint. He also complained to her in an e-mail about the interest he was being charged.

She countered that most clients are required to pay off their bill within 30 days after the divorce becomes final. Blakely appointed Stroemer or her colleague to work on six more divorce cases through September.

In February 2006, he offered her the entire $31,000 profit from the sale of his house as final payment, the complaint said. Stroemer accepted the deal even though she described it as a substantial discount. She said, "It is my hope that we continue a good relationship and that you continue to refer cases to me to assist in mediation/arbitration of family court matters."

In April 2006, he gave her $31,982, bringing to $45,372 the total he had paid on a $108,876 tab.

"Judge Blakely received a reduction of more than 58 percent of the legal fees incurred," the complaint said.

The day after the settlement, he sent her two more Goodhue County cases for mediation. He sent her seven more mediation cases within the next year.

Hennepin wouldn't prosecute

The board alleges Blakely violated the judicial canons requiring judges to preserve the integrity and independence of the judiciary as well as avoid the appearance of impropriety.

In his written response to the board, Blakely noted that Hennepin County Attorney Mike Freeman's office reviewed the allegations and declined to prosecute him.

Blakely's attorney said that the judge's e-mails with Stroemer were private exchanges between a lawyer and a client, so where would there be an "appearance" of impropriety?

He dismissed the notion of wrongdoing, saying that fees from mediation referrals wouldn't come near covering the cost of the Blakely divorce.

Blakely has been on the bench since he was elected in 1998. His current term expires in 2010.

Rochelle Olson • 612-673-1747