Capitol View: June 27, 2011 Archive

Judge considers whether wheels of justice should shut down

Posted at 12:56 PM on June 27, 2011 by Tom Scheck (1 Comments)
Filed under: 2011 Shutdown, MN Legislature, Mark Dayton

All sides in the shutdown case presented arguments in Ramsey District Court in St. Paul on Monday, June 27, 2011. After the hearing, Frederick Knaak (second from right) talked strategy with the intervening Minnesota State Sens. Sean Neinow, Scott Newman and Roger Chamberlain. (Photo by Richard Sennott/Star Tribune, pool)

A judge is considering whether the state's judicial system should continue to be funded in the event of a government shutdown.

Minnesota Attorney General Lori Swanson is asking the courts to continue funding for the judicial system if Gov. Mark Dayton and the Republican controlled Legislature fail to reach a budget deal by Friday. During a hearing in Ramsey County court today, Deputy Attorney General Nate Brennaman said failing to keep the courts running would jeopardize the constitutional right to a speedy trial, endanger people's right to have lawyers and fail to make sure children are protected from abuse and violence.

"Without a functioning court system, Minnesotans constitutional rights would not be afforded," Brennman said. "The courts are the forum and the protector of Minnesotans constitutional rights."

Dayton and the Board of Public Defense support continued court funding.

But Fritz Knaak, an attorney representing four Republican senators argued that funding the courts without legislative authorization is unconstitutional.

"Let me be that quiet voice in the middle of all of the rancor of need, need, need, need and necessity and everything else that everyone knows in state government needs to do, that quiet voice that says, 'you can't. The constitution doesn't allow it. There must be an appropriation.' "

Knaak's comments were quickly rebuked by the other attorneys in the case.

"With respect to Mr. Knaak's quiet voice," Christopher Madel said. "I'll raise him the loud voice of the U.S. Supreme Court in Gideon vs. Wainwright."

That's the case that guarantees people accused of crimes who can't afford lawyers the right to counsel.

Madel, who is representing the Board of Public Defense said he can't believe the four senators are arguing the courts should not continue to be funded.

"Are we really saying that we're going to stop paying you and public defenders in this state and let these people go into a jail without any right to counsel and without any opportunity to get out and have a fair hearing in the courts?"

Knaak says the only remedy is for the governor to call the Legislature back into special session to act on the budget bills. Dayton says he won't call a special session until there's agreement on a total budget.

Dayton and the Legislature are at odds over the best way to erase a $5 billion projected budget deficit. Dayton wants to raise income taxes on Minnesota's top earners. Republicans say the deficit can be erased through spending cuts.

Judge Bruce Christopherson, a retired judge from Granite Falls, is taking the request under advisement.

"I do understand that promptness is important," Christopherson told the court. "But correctness is essential."

Christopherson is hearing the case because Ramsey County Judge Kathleen Gearin recused herself due to a possible conflict of interest.

You can listen to the hearing in two parts.

Part 1: Listen
Part 2: Listen

Budget meeting scheduled for 3pm

Posted at 1:52 PM on June 27, 2011 by Tom Scheck
Filed under: 2011 Shutdown, MN Legislature, Mark Dayton

Gov. Dayton and GOP legislative leaders are scheduled to meet privately at 3pm to discuss their differences on the state budget. It would be the fourth straight day that the two sides have met. They abruptly ended their meeting on Sunday after meeting for just over an hour.

State government would shut down on Friday if Dayton and GOP legislative leaders fail to reach a budget deal by Friday.

Talks end quickly but another meeting scheduled for tomorrow

Posted at 4:34 PM on June 27, 2011 by Tom Scheck
Filed under: 2011 Shutdown, MN Legislature, Mark Dayton

Gov. Dayton and GOP legislative leaders plan to meet again tomorrow to talk about the state budget. The two sides met privately for about 45 minutes today but revealed little about what was said behind closed doors. Dayton said keeping their negotiations private helps the two sides have an open dialogue. But Dayton wouldn't predict if a government shutdown can be averted by Friday's deadline.

"Either one is possible," Dayton said. "We will or we won't. I'm not going to lay odds on it but those are the two possibilities. We're committed to doing everything possible with these negotiations to avoid a shutdown."

Republican House Speaker Kurt Zellers says the two sides were focusing on key budget areas like education, health care, transportation and public safety.

"We're talking about the exact same things we have been talking about," Zellers said. "Because this is a very different legislative makeup, because there are tough economic times, these are difficult budget items to work through so it's taking us a little bit longer. I think most Minnesotans would say 'Do it right. Get it right the first time and if it takes a little bit longer it's worth the while because these are such tough times."

Dayton and Republicans differ over the best way to balance the state's budget. Dayton wants to raise income taxes on Minnesota's top earners to help erase a $5 billion budget deficit. Republicans say the deficit can be erased entirely through spending cuts. State government will shut down on Friday if the two sides fail to reach a budget deal.

Dayton and legislative leaders are scheduled to meet again tomorrow morning at 9 o'clock.