The U.S. Constitution requires state courts to keep functioning even during a state government shutdown , a lawyer for the State Board of Public Defense argued Monday before a specially appointed judge in Ramsey County District Court.
Retired Judge Bruce Christopherson held a one-hour hearing on a petition from state Attorney General Lori Swanson, the defense board and Gov. Mark Dayton to allow the courts to operate and to allow public defenders to represent indigent clients if there is no agreement on the state budget by Thursday's deadline
The petition is opposed by four Republican senators who accuse Dayton and Swanson of creating a "political and constitutional crisis" with their requests that a district court appoint a mediator to help settle the dispute or a "special master" who could continue essential spending indefinitely. They asked the judge to order the governor to call a special session.
"Are we really saying, 'Let them go into court without counsel?' Is that what these senators really want," Christopher Madel argued at the end of the hearing.
If Dayton and the GOP-controlled Legislature don't reach agreement on funding, many state government operations could shut down on Friday. Last week, Ramsey County Judge Kathleen Gearin heard arguments from various parties seeking to continue critical government operations during a shutdown. She has not yet ruled.
The arguments Monday focused only on the judiciary. Gearin recused herself from hearing Monday's arguments because as a member of the judicial branch, she has a conflict of interest. The state Supreme Court appointed Christopherson.
'Correctness is essential'
On behalf of the senators, lawyer Fritz Knaak said the constitution requires the Legislature and Dayton to pass the funding appropriation. He called it "brazenly unconstitutional" to continue court operations without approval. Christopherson declined to allow the senators to formally join the state's petition, but he allowed Knaak to present arguments as a so-called friend of the court.
Christopherson gave no indication of when he would rule, but said, "I do understand that promptness is important, but correctness is essential."
Madel made the most impassioned arguments, citing three U.S. Supreme Court rulings that mandate continuation of funding for the judiciary: Gideon v. Wainright, requiring effective counsel at public expense for those accused of felonies, Argersinger v. Hamlin, ensuring legal representation of indigents for misdemeanors and In re Gault, extending the same right for juveniles.
Too many constitutional rights would be violated if the judiciary stopped functioning. Public defenders are mostly paid by the state.
'Catch-and-release system
Assistant Attorney General Nathan Brennaman said shutting down the courts is "inconsistent" with the government's duty to provide public safety. "We would have a catch-and-release criminal system," he said.
Madel, however, said it would be just a "catch" system because no one would be able to argue for the release of the accused.
If the courts shut down, Brennaman listed functions that wouldn't occur, including orders for protection, civil commitments of sexually dangerous persons and child protection measures.
Brennaman also cited a U.S. Supreme Court desegregation ruling that "a lack of funding alone cannot deprive citizens of their constitutional rights."
He noted the urgency of the request for continued funding, saying nearly 14,000 hearings are scheduled in state courts the first week in July and 51,000 for the month.
Knaak initially requested that Christopherson order Dayton to call a special session. The judge declined. Knaak argued the state constitution doesn't allow the courts to operate without an appropriation. The courts can be funded, he said, the minute the governor calls a special session. "My clients want to see the constitution followed, my clients want this governor to call a special session," he said.
The four senators: Warren Limmer, Sean Nienow, Scott Newman and Roger Chamberlain. Only Limmer didn't attend the hearing.
Rochelle Olson • 651-735-9749 Twitter: @rochelleolson