Judgeship vacancies announced

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WORTHINGTON — On Monday, the Commission on Judicial Selection announced two judgeship vacancies in Minnesota’s Fifth Judicial District. Judge Timothy Connell, chambered in Rock County, officially retired in October, and Judge Jeffrey Flynn, chambered in Nobles County, will retire in January.

The Commission is accepting applications for the vacancies through Dec. 5, and interviews will take place Dec. 19 at the Prairie Justice Center, Worthington. They hope to have a decision made and judges appointed by the new year.

Dick Fasnacht, 5th Judicial District Administrator, said Judge Bruce Gross, chambered in Cottonwood County, is tentatively scheduled to retire in the summer of 2012.

Another judgeship vacancy will open at that time. With three judges retiring within a short period of time, the Fifth District will implement a change that has been in the works for several years.

The counties of Pipestone and Rock will be co-chambered by one judge, as will the counties of Cottonwood and Murray.

Nobles will have one chambered judge, Fasnacht said.

This area should have a total of 3.2 judges to cover the caseload, so things will be a bit tight, but his office is still pleased at how well the timing is coming together.

The plan to have a judge co-chambered in Rock and Pipestone was conceived several years ago, when it became apparent that several judges would be retiring within a few years.

According to an analysis of the area, the Fifth Judicial District had been in need of an additional judgeship since 2006.

A resolution supporting a comprehensive plan regarding the location of future chambers was submitted to the Supreme Court in 2007, signed by 15 of the judges in the district.

A weighted caseload study indicated a need for a judgeship in Watonwan County, and a combined need for two judgeships in Lincoln and Lyon County.

When Judge David Christensen of Pipestone filed official paperwork to retire, his chambers were then certified at St. James in Watonwan County. After Judge George Harrelson’s retirement, his chambers were certified to Lincoln and Lyon Counties.

Christensen had been handling most of the Murray County cases, and has continued to work as a retired judge in Pipestone and Murray Counties, as was planned. Connell has worked as a retired judge since mid-October.

According to John Kostouros, Director of the Court Information Office, the state is short 13 judges from what their studies show are needed to cover the caseload.

Judges are assigned by district, not by county, and can preside over any case in their district. Logistics generally has them covering cases in their chambered area instead of criss-crossing all over the country.

“They… get moved around sometimes,” Kostourus said. “Never assume just because a place once had a full-time chambered judge, it will always have one.”

Fasnacht said it is normal for replacement of a judge to take about four months, which makes this situation a bit unusual. It is entirely possible that two new judges will be named by Jan. 1, 2012 — several months after Connell’s retirement, but a few weeks before Flynn actually retires.

“The same pool of six to eight attorneys will probably be after all of the open positions,” Fasnacht said.

Within the next few years, another four judges in the Fifth Judicial District will be retiring, he added.

According to Gov. Mark Dayton’s office, the Commission is searching for fair, experienced and civic-minded individuals to serve on the bench and offer their talents and services to Minnesota’s judicial system.

“The following qualities will be considered for judicial office,” the announcement states. “Integrity, maturity, health (if job related), judicial temperament, legal knowledge, ability, experience and community service.”

A judge is elected to a six-year term, and Flynn had just been re-elected in 2010. He was appointed to his position in 1984. Connell, who was appointed in 1987, was elected to his last term in 2006.

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