politics

Saying they doubted they could force state Supreme Court justices to testify, members of a Senate ethics panel Friday agreed to dismiss a complaint against Majority Leader Dean Johnson, averting an inquiry that would have pitted the credibility of the court against that of the senator.

In exchange, Johnson agreed to apologize Monday to the full Senate concerning his claims of talking with Supreme Court justices about whether they would be likely to overturn a state law banning same-sex marriage. The Supreme Court has denied that such conversations ever occurred.

Members of the Senate special subcommittee on ethics said they agreed to the deal in part because they feared they would never be able to determine who was telling the truth without being able to question the justices. They said the justices might have claimed they were exempt from testifying before the Legislature.

"We wanted to avoid that potential separation of power ... conflict," said Sen. Thomas Neuville, R-Northfield.

The panel, which has two DFL and two Republican members, voted unanimously in favor of the agreement after a nearly two-hour closed session attended by Johnson, his attorney and two GOP senators who brought the ethics complaint. They will drop the complaint after Johnson apologizes.

"I'm glad it's over," Johnson, DFL-Willmar, said afterward, adding that he did not violate Senate ethics rules. "It's behind us."

But the deal leaves unanswered questions about what conversations -- if any -- Johnson had with Supreme Court justices. Chief Justice Russell Anderson denied that any conversations about the law occurred.

"It doesn't resolve it," Neuville said of the deal and the controversy.

Changing versions

Senators Mike McGinn, R-Eagan, and Claire Robling, R-Jordan, accused Johnson of violating Senate ethics by lying or misleading people about the conversations that he said he had with justices.

Johnson's attorney, Ellen Sampson, argued during the closed session that his claims didn't amount to an ethics violation, according to a recording of the session released later on Friday.

"He made a comment he wishes he could take back," she said. "But I don't believe it rises to the level of bringing dishonor on the Senate or the court or anybody else."

The panel's chairman, James Metzen, DFL-South St. Paul, said Johnson wasn't given any direction on the apology he must deliver to the Senate.

"He's going to write it this weekend," Metzen said.

The written agreement said that Johnson "shall make a public apology on the floor of the Senate to the Senate and his constituents." Johnson apologized last week at a news conference.

Foes of same-sex marriage say the state law defining marriage as a union between a man and woman is vulnerable to a court challenge like one that overturned a similar statute in Massachusetts. They favor a constitutional amendment banning same-sex marriage and civil unions that would give same sex couples many of the rights of marriage.

Johnson and others who oppose the amendment say the Minnesota law, which has never been challenged, affords adequate protection.

The deal also requires Johnson to write a letter of apology to clergy who attended a January meeting in Spicer, Minn., where he offered assurances that the marriage law would prevail.