Anderson, Matter of, 47382

• Decision Date: 01 April 1977
• Docket Number: No. 47382,47382
• Citation: 312 Minn. 442,252 N.W.2d 592
• Parties: In the Matter of the Honorable Donald E. ANDERSON, Judge of the District Court.
• Court: Minnesota Supreme Court

Page 592

252 N.W.2d 592

312 Minn. 442

In the Matter of the Honorable Donald E. ANDERSON, Judge of the District Court.

No. 47382.

Supreme Court of Minnesota.

April 1, 1977.

Syllabus by the Court

1. In proceedings for judicial discipline under Minn. St. 490.15 and 490.16, the supreme court has authority to impose sanctions ranging from censure to removal. The grant of the power to remove carries with it implicitly the power to impose less-severe sanctions short of removal, in the absence of any indication by the legislature to the contrary.

2. Under the facts of this case, the recommendation of the Board on Judicial Standards of suspension without pay for 3 months as sanction for the instances of judicial misconduct found to exist is appropriate.

Sheldon D. Karlins, Minneapolis, for petitioner.

Johnson, Fredin, Killen, Thibodeau & Seiler and Conrad M. Fredin, Duluth, for respondent.

Considered and decided by the court en banc.

SHERAN, Chief Justice.

These proceedings were instituted by the Board on Judicial Standards pursuant to Minn. St. 490.15 and 490.16 and the Rules of the Board to inquire into charges of judicial misconduct lodged against respondent, Judge Donald E. Anderson. The Board certified its findings of fact, conclusions of law, and recommendation for action to this court. Judge Anderson then petitioned for modification of the Board's recommendation. Briefs were filed, and by order of this court the matter was heard upon oral argument. We accept the Board's recommendation of suspension without pay for 3 months as the most appropriate sanction presently available for the instances of judicial misconduct found to have been committed.

The findings of fact made by the Board are not contested by Judge Anderson. They establish that he is a judge of the district court, sixth judicial district, serving by election to a term commencing in 1967, and by subsequent reelection.

In February 1973 the Board received complaints relating to alleged failures of Judge Anderson to dispose of and file decisions in a manner and within the time specified in Minn. St. 546.27. ¹ By letter dated February 12, 1973, the Board notified Judge Anderson that it had received these complaints, and requested a list of all matters currently pending before him.

By letter dated February 23, 1973, addressed to the court administrator of the supreme court, respondent replied to the request of the Board, stating:

"During the past week I was able to get out all of the orders that I am aware of that are over ninety days over (sic)."

In that letter respondent asked that he be informed of

"other pending orders outstanding that may have come to your attention."

On February 23, 1973, the date of respondent's letter, a number of matters had been submitted to him for decision, which matters had not been decided within 90 days.

After hearing further complaints, the Board, on its own motion, undertook an inquiry and preliminary investigation as to whether or not in the conduct of his office as judge of the district court respondent was guilty of persistent failure to perform his duties, habitual intemperance, or conduct prejudicial to the administration of justice bringing the judicial office into disrepute. On December 22, 1975, the Board served written notice upon respondent of the nature of the charges which were made against him and afforded him a reasonable opportunity to present personally, in writing or orally, such matters as he chose for consideration by the Board explaining, refuting, or admitting the alleged misconduct. Respondent made no response to such written notice and the Board concluded that the present formal proceedings should be instituted. These proceedings culminated in our present consideration of the Board's findings of judicial misconduct.

Most significantly, the Board found that in 1973 or an earlier year respondent, by telephone or personal contact, approached Alfred Weinberg and Edward Litman, each of whom was an attorney at law engaged in the private practice of law in the same district in which respondent served as judge, and borrowed $1,000 from each of the two lawyers. No written evidence of these loans was given by respondent to the respective attorneys until after the present proceedings were commenced. While respondent repaid the loans, with interest, out of his savings sometime in May 1976, he was indebted to Messrs. Weinberg and Litman in the amount of $1,000 during a period when they appeared before him as counsel in contested litigation. Respondent testified that at the time he repaid the $2,000 he had no trouble raising the funds for the repayment because at that time he had the money on deposit in a savings account. Respondent took the view that the loans were "on demand." The lenders never demanded repayment. The Board felt that such a situation might have gone on for a number of years if the formal proceedings had not been initiated.

The Board also found that at the commencement of these proceedings, Judge Anderson had pending before him 12 matters which had been submitted for decision more than 90 days previously. The oldest matter was taken under advisement on November 5, 1969. Judge Anderson admitted in his answer that he had failed to dispose of these cases within the required time. By way of defense, Anderson alleged that his failure was occasioned by "a mental sickness of a nature which has impaired his judicial effectiveness." The Referee and the Board specifically found that the evidence did not support this contention. This conclusion was based principally upon Anderson's own testimony regarding each individual case and the reasons he advanced for the failure to promptly decide the matter.

Also during this period Judge Anderson continued to certify his compliance with Minn. St. 546.27 by endorsement of his pay vouchers from the state. Additionally, he failed to comply with certain informational requests submitted to him by the state court administrator. Also, in two cases he entered contradictory orders, which were subsequently corrected.

The Board found that since May 17, 1976, respondent had kept a log of all matters heard or tried before him. The log reflected that all matters heard by respondent from May 17, 1976, to the end of the proceedings before the Board were the subject of prompt disposition.

Finally, the Board found that while Judge Anderson was under medical care for an emotional problem both before and...