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Saturday, February 2, 2008

Judicial Atrocities-Separation of Powers




This Blogger 1994 Republican N0minee for MN State Attorney General , against Tom Neaville who was just appointed to Judgeship and at

has been victimized by Lawyer Governors: Lawyer Judges to the Murder of , Disparagement from the 9th Judicial District as property owners

"In case you didn't know Al Quie might have a vested interest in changing the Minnesota Consititution on behalf of his bad Judicial appointees.

In the 2006 Election, Former Justice Terrance Holter was removed from office, by the voters, in Beltrami County
and for good cause. In other words, the present system does have a good check and balance built into it, it's called the voters. Former Gov. Al Quie is the governor that appointed Former Justice Holter. Holter was cited for having secret meetings on cases that he was hearing without both parties, to the cases, being present. Chief Judge Lois Lang first cited Former Justice Holter for having a secret meeting
dealing with a criminal case. In that case the secret meeting was held between Chief Public Defender Kristine Kolar and a member of Beltrami County Prosecutor Timothy Faver's office, and Former Justice Holter. By the way, Kristine Kolar was not
the defendant's attorney. In other words, the 3 held a secret meeting without the defense being present. Their actions were observed and the defense attorney brought complaint which caused Former Judge Holter to be cited for violation of Minnesota Cannon.

In the same time frame, Former Justice Holter held another ex parte meeting, against a Native American woman, and wrongfully took her custody of her child and ordered the
child to be placed in the care of her husband that had just been found guilty of domestic abuse. It was only a couple of months before that ex parte hearing that former Justice Holter gave custody to the mother due to the dangerous actions of the father. Prosecutor Faver then had the woman arrested and charged her with a felony of denying of parental rights, when she was not even informed or aware of the secret meeting between her husband and the Judge. Faver then prosecuted the woman and her defense
lawyer was again Kristine Kolar who instructed her to plead guilty to a crime Kolar knew the Native American woman did not commit. The Native American woman refused to plead guilty. Former Justice Holter then found the Native American woman guilty as charged. Thus, the 6 year old
girl was forceably removed from her mother and handed to the convicted domestic abuser. Bill Lawrence covered the issue in his paper which brought the whole issue out into the open. When this issue got into the news, suddenly Former Justice Holter reversed himself, and demanded the child be returned, but it was too late, as the child was already in the hands of the convicted domestic abuser, who
took the child to Red Lake Resevation and refused to return her. To find this story all you have to do is google on "Jawnie Hough" the name of the mother.
During the last campaign, in a Chamber of Commerce forum to meet the candidates, the Bemidji Pioneer quoted (see below) Former Justice Holter of responding to a question by a voter as to whether or not he had ever been cited for violating judicial cannon, where he falsely responded
that he had not, but then went on to say that they had
exparte meetings all the time, and that ex parte meetings were needed.
However, Minnesota Judicail Cannon expressly prohibits ex parte meetings.

Now, if the voters had had their constitutional rights taken from then to remove a judge via the election process, as Al Quie suggests, Former Justice Holter would likely still be enrobed, moving ahead with his ex parte and secret meetings, in violation to the U.S. and Minnesota
Constitutional due process protections. The February following the elections, Former Justice Holter then charged the winner with violating state campaign rules, however, the
administrative Judge hearing the case dismissed Former Judge Holter's complaint.

It may also be interesting to you to know that Governor Pawlenty's Judicial selection committee had chosen Kristine Kolar as one of the 3 prime candidates for being appointed as a 9th District Court Judicial Judge in Beltrami County, after and regardless of her being involved in the secret meeting in the crimianl case. So you can see the electorate
cannot trust the Judicial selection committee's recommendations to police judical selection. Neither
could a Judicial Board, selected by the Governor, work on rating Judicial officers.

Exerpt from Bemidji Pioneer October 28, 2006, entitled: "Holter discusses role of Judge at forum"

"In an audience question, Holter was asked if he ever held an "exparte" conversation with an attorney or had been admonished by the district's chief judge for doing so, suggesting it is a violation of judicial cannons for a judge to discuss a case with an attorney without the attorney for the
other side being present. Holter said he's technically held "ex parte" discussions, but has never been cited for violation Judicial cannons. Such discussions are necessary, as long as they don't cross a line, he said. 'I have never had that complaint made,' he said. 'We do ex parte all the time'"

If any thing, should the Minnesota Constitution need to be changed, it needs to be changed to remove the Governor from doing any appointing of Judicial officers, and all Judical officers need to be elected by the people they serve."