A steady, calm leader lauded
by Barbara L. Jones
Chief Justice Russell Anderson
The ‘Anderson’ court stayed pretty steadily in the center
It’s somewhat difficult to describe an “Anderson court” because the chief justice was a steady hand on the tiller that didn’t cause the court to veer left or right, said William Mitchell College of Law Professor Peter Knapp.
Knapp pointed out that under Anderson’s leadership, the court was able to craft solid majority positions on the criminal justice issues raised by recent U.S. Supreme Court decisions on sentencing guidelines and the Confrontation Clause. Those issues proved divisive in other states, according to Knapp.
“I will be most interested to see what happens in the future with civil cases,” Knapp said. “That’s where the chief justice sometimes departed.”
No decision has been made on the process that will be followed in appointing Anderson’s successor, according to John Hultquist, judicial appointments coordinator.
Russell Anderson
It’s somewhat difficult to describe an “Anderson court” because the chief justice was a steady hand on the tiller that didn’t cause the court to veer left or right, said William Mitchell College of Law Professor Peter Knapp.
Knapp pointed out that under Anderson’s leadership, the court was able to craft solid majority positions on the criminal justice issues raised by recent U.S. Supreme Court decisions on sentencing guidelines and the Confrontation Clause. Those issues proved divisive in other states, according to Knapp.
“I will be most interested to see what happens in the future with civil cases,” Knapp said. “That’s where the chief justice sometimes departed.”
No decision has been made on the process that will be followed in appointing Anderson’s successor, according to John Hultquist, judicial appointments coordinator.
Minnesota Supreme Court Chief Justice Russell Anderson — who recently announced that he is retiring in June — will be remembered for his scholarly opinions, his staunch advocacy for an independent judiciary and his calm and steady leadership approach.
Anderson’s tenure as chief was a relatively brief two years, but he has served as a justice on the court since 1998. Prior to that, he spent 16 years as a District Court judge in the 9th Judicial District.
The retirement announcement — which came as a surprise to many — sparked sadness at the loss of a well-regarded chief, mixed with some concern about undergoing a leadership change at a time when the state is grappling with a budget crises.
Anderson’s decision became public just days after Gov. Tim Pawlenty recommended a $9.1 million cut in the court’s budget, which Anderson said would mean a 15 percent reduction in court staff in the current biennium alone.
Anderson pointed out that he will remain at the court until June 1, and thus will be available to help steer the court through the latest fiscal emergency. “I don’t use the term crisis lightly, but this is a crisis,” the chief justice said. If the staff has to be cut by 15 percent, the services will be much slower and some core services simply won’t be available, he added.
Anderson’s announcement also came at a time when the question of judicial independence is front and center in the legal community. Many are concerned that judicial elections in Minnesota will turn into highly politicized races fueled by special-interest money, as has happened in some states. To head off this threat to judicial independence, Anderson has thrown his support behind an effort to amend the state’s constitution to make Minnesota a retention-election jurisdiction.
Anderson, who is passionate in his advocacy of judicial independence, has repeatedly warned of the danger that special-interest groups will attempt to “buy the robe” through campaign contributions.
“Once that comes to Minnesota — and we have no reason to think that it won’t — it will be very difficult to effect reform,” the chief justice said. “The time to fix the roof is when the sun is shining. There’s no perfect solution, but I think [the retention-election approach that] the Quie commission is recommending is a very good middle ground.”
Anderson cautioned the bar to be mindful of its future choices when it comes to election reform. “I think the bar realizes the importance of a fair and impartial judiciary,” the chief justice said. “When [lawyers] go to court they don’t expect to always win, but they do expect a fair and impartial judge, not someone who’s made a lot of political promises.”
The legal community has appreciated Anderson’s willingness to speak out on the topic, according to Minneapolis attorney Mary Vasaly, a member of the Quie commission. Other bar leaders hoped that the next chief justice would follow suit.
“It’s important that the next chief have a commitment to an independent judiciary and to keeping the politics out [of judicial elections],” said Brian Melendez, president of the Minnesota State Bar Association.
Minnesota has a
‘tremendous bar’
Even with the current budget challenges, the state of the court is very strong, Anderson said. “I think we have a strong court with good diverse perspectives and that’s part of what it means to be a collegial appellate court,” he said.
It’s a court from which Anderson feels comfortable departing. There’s always unfinished business, but, after 25 years on the bench and just about a decade on the high court, he feels the time is right for him to leave. (In making the announcement, Anderson cited his age and his wife’s health concerns.)
Looking back, Anderson said he feels good about the work that he’s done on the transformation to a state-funded system and the new Judicial Council.
“I leave with great confidence in [the men and women who remain],” he said, adding that 10 years on the court is a “pretty good run.”
Anderson also had praise for the state’s lawyers. “I think Minnesota has a tremendous bar. We have seen wonderful lawyering,” he said.
’The consummate judge’
Colleagues praised the subtle leadership of the former trial lawyer from northern Minnesota.
“He’s the consummate judge. His quiet, calm leadership has been extremely effective throughout his career,” said former Supreme Court colleague Sam Hanson, who earlier this year rejoined his old firm of Briggs and Morgan in Minneapolis.
Hanson called Anderson “the most dedicated person to the judiciary” that he’s ever met. Hanson pointed out that both that he and Anderson are the sons of gas station owners.
“You could see with Russ the bedrock values he got from being the son of a local merchant — being frugal, careful about what you do and what you spend,” Hanson said. “His favorite joke was about the Norwegian extrovert who looks at your shoes.”
Anderson’s immediate predecessor as chief justice, Kathleen Blatz, said that Anderson was a leader on the move to state funding of the court system even before he came on the Supreme Court.
“It was an issue that percolated out of the 9th District [where Anderson was a trial judge],” Blatz explained. “Then he moved more into a statewide leadership role when he moved into the Supreme Court. He’s one of those people who can lead change. He was very effective because he hit the ground running.”
Former state Supreme Court Justice James Gilbert called Anderson a great “country lawyer” and judge. “He brought wisdom to the court, a calm resolve and a kind heart,” Gilbert said.
Minneapolis appellate attorney Charles Lundberg said the vast amount of experience Anderson drew upon from his days as a trial court judge made him an excellent justice. “It’s really important to have a seasoned trial judge on the Supreme Court,” he said.
Minnesota Supreme Justice Lorie Gildea said the state owes Anderson “so much” after 25 years on the bench. “It’s always about the people who appear in his courtroom. He never forgets the human beings. He talks about this all the time — that we decide cases one human circumstance at a time,” she said.
Gildea told Minnesota Lawyer that she will miss Anderson’s gentlemanly disposition, his emphasis on the bench’s collegiality and his great storytelling abilities. “Nobody can tell a story like he can, and they always begin, ‘I’ll never forget the time …’”
