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Dean Johnson apologizes to his fellow senators
Apology ends ethics inquiry, but senator's lawyer claims to know witnesses to conversations with justices, raising new questions.
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Majority Leader Dean Johnson stood on the Minnesota Senate floor Monday and apologized for an "inaccurate statement" he gave to pastors in January about having received assurances from state Supreme Court justices that they wouldn't overturn a state law on marriage.
While the apology halted an inquiry by a Senate ethics panel into Johnson's conduct, it didn't answer questions about what -- if anything -- justices said to him about the law.
"I have at no time received any commitments regarding potential judicial decisions from any member of the Minnesota Supreme Court," Johnson told fellow senators.
His statement didn't address his earlier claims that he had general conversations with justices about the law in which no assurances were offered. Chief Justice Russell Anderson has flatly denied that any such discussion took place between justices and Johnson.
Johnson's lawyer added to the intrigue and confusion at the ethics panel's meeting last week. Attorney Ellen Sampson said if the special subcommittee on ethical conduct pressed on, Johnson was prepared to call witnesses who would testify to discussions he had with justices.
"If the committee tells us to name them, we will name them and we will call the witnesses who were in those meetings and heard those conversations," Sampson said during a closed portion of a hearing held by the panel. A recording of the session was released later Friday.
"The issue of gay rights was part of these discussions," she told the panel.
"What's important to remember, is that none of the judges said we will uphold [the marriage law]," Sampson said. "None of the judges said that to Senator Johnson. ... "
"This issue was discussed in general terms," she said, though it was unclear whether she was referring to the marriage law or gay rights. "Senator Johnson took from these discussions his opinion that the Supreme Court -- at least based on what he had learned from these judges -- would not overrule [the marriage law]."
She said Johnson relayed his opinion to a group of pastors at a January meeting in Spicer, Minn., that was secretly recorded by a member of the clergy. After the recording was released, Johnson denied getting assurances from the justices and said he embellished his account of a discussion with a one unnamed judge.
Regrets his statement
Sampson told the Senate panel Johnson erred in turning his opinion into an assurance at the meeting with pastors.
Proponents of a constitutional amendment to ban same-sex marriages and civil unions that would give same-sex couples many marriage rights argue that an amendment is needed because a 1997 law against same-sex marriage might not survive a court challenge.
Sampson wouldn't elaborate Monday when asked about the conversations she said had occurred between Johnson and justices. Johnson also declined to comment when asked about Sampson's account of what witnesses heard.
Also left unexplained was Sampson's discussion of multiple conversations with more than one justice after Johnson had changed his recollection to only a single conversation with one judge.
Senate Minority Leader Dick Day, R-Owatonna, said Monday he was satisfied with the apology and had no desire for the Legislature to determine whether Johnson or Supreme Court justices was telling the truth.
Panel members said they agreed to settle with Johnson in part because of doubts that they could force justices to answer questions. Panel members said they feared that justices could claim immunity from testifying.
Sen. Mike McGinn, R-Eagan, who pushed for the ethics inquiry into Johnson's statements, said he would have preferred that the panel looked into the veracity of the conflicting claims. "Short of that, if it's to be pursued any further, I think it's a situation where the judiciary would have to do that," he said. "We've gone as far as we can."
Supreme Court spokesman John Kostouros declined to comment Monday on Sampson's comments, except to reiterate Anderson's denial that any conversation between Johnson and justices about the marriage law took place.
In his Senate floor speech, Johnson said, "I apologize to you for the inaccurate statement which I made in a meeting with pastors in January. ... I regret the statement I made." He said he also apologized to "my constituents, and the people of Minnesota." He said he looked forward "to working with all [Senate] members to address the important public policy issues which remain on our agenda for this session."
Under the settlement, Johnson also was required to send a letter of apology to the group of pastors.
Pat Doyle • 651-222-1210
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