Judge mulls looming shutdown

Posted at 6:16 PM on June 23, 2011 by Tom Scheck
Filed under: 2011 Shutdown, MN Legislature, Mark Dayton

Ramsey County Judge Kathleen Gearin is considering whether she should rule that some areas of spending should continue if state government shuts down on July 1st. Attorney General Lori Swanson is asking Gearin to continue funding after a shutdown for critical services like prison guards, the state patrol and subsidized health insurance. Gearin said repeatedly during a court hearing today that she was uncomfortable wading into a dispute between Gov. Dayton and the Legislature and urged the two sides to get a deal done.

"I wouldn't want to be in the Legislature. I wouldn't want to be governor," Gearin said at the end of the hearing. "They've got a tough task. We have hard economic times. We have all kinds of social issues that are extemely complex and becoming more complex. I want to say this respectfully but it feels sometimes like almost a game of chicken."

Swanson is seeking court-ordered funding in case Dayton and Republican legislative leaders can't reach agreement on a new budget by July 1st. During her presentation, Swanson cited constitutional requirements for government to protect health and safety. She specifically highlighted state government services for the mentally ill, veterans and the state patrol. Swanson said a court order is a fiscal necessity.

"We're eight days away from the end of this biennium," Swanson said. "Absent resolution of the budget impasse in the next eight days state government will shut down. A government shutdown without a court order will violate the constitutional protections guaranteed to Minnesota citizens."

Attorney David Lillehaug, who is representing Dayton in the case, told Gearin that the governor is prepared to take action on his own if necessary to keep essential services running.

"He will act not based on his priorities," Lillehaug said. "But on what he understands to be critical services that are necessary to protect the life and safety of the people of Minnesota. So he will execute his constitutional responsibilities, and as of now, he's not asking a court for approval of that."

Earlier in the day, Judge Kathleen Gearin rejected Dayton's request for court-ordered mediation in the state budget dispute. She also rejected a petition from four Republican state Senators to intervene in the case.

The hearing last the entire day. Judge Gearin allowed the afternoon session to be recorded for broadcast. Here are the two afternoon portions of the hearing.

Hearing 1: Listen

Hearing 2: Listen

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