John Q. McShane

Born: March 29, 1946; St. Louis

Education:

• J.D., St. Louis University School of Law, 1973
• B.A., University of Notre Dame, 1968

• 4th Judicial District, judge, 1998-present
• Bowman and Brooke, partner, 1985-98
• Gray Plant Mooty, associate/partner, 1975-85
• U.S. District Court, District of Minnesota, law clerk to Judge Miles W. Lord, 1973-75

• American Bar Association
• Douglas K. Amdahl American Inn of Court
• Hennepin County Bar Association
• Minnesota District Judges Association
• Minnesota State Bar Association

• Catholic Charities
• Catholic Youth Camp
• Covenant Academy of Minnesota
• Hearts & Hammers
• Hennepin County District Court Equal Justice Committee
• St. Joseph's Home for Children
• Minnesota Criminal Justice System DWI Task Force
• Notre Dame Club
• Northside Child Development Center
• Our Lady of Grace Catholic Church
• Page Educational Foundation
• Visitation Monastery

Personal: Wife, Molly Brigid Mooney; three children

Why did you originally apply (or run) for a position as a judge?
The bench is the epitome of the trial lawyer's profession. Having been a litigator for 23 years, I wanted to progress from being an advocate for one side to being the decision maker. I believed that the combination of my background, training and experience provided me the tools to be an effective judge.

Why should voters select you rather than your opponent in the upcoming election?
If the voters look at my background, education, legal and life experience and compare that to my opponent, I believe that they conclude that I should continue as a District Court judge. I have 31 years of litigation experience. I was appointed by Gov. Arne Carlson after a vigorous screening process. And I now have eight years of experience in all areas of the court system.

What are the major issues facing the court on which you serve?
Access to justice is one of the major issues. We must ensure that the justice system is and is perceived to be fair, responsive, timely, open and effective to the people it serves. People must believe that they have had their day in court; that a judge heard their story. Public confidence in the judiciary is also an important issue. All Minnesotans must believe that they are being treated fairly in our courts.

How can these realistically be addressed?
Each judge must take the necessary time to hear and fairly consider the matter that is before him or her. Specialized courts, such as drug court, community court or domestic violence courts are particularly effective in ensuring an effective resolution of the matter being heard. Statewide race data collection and review in criminal, juvenile and traffic proceedings help ensure that all Minnesotans are being treated fairly in our courts.

What are some of your accomplishments during your tenure as a judge of which you are most proud?
I have presided over significant criminal cases, the South Beach nightclub murder case for example, and complex civil class action lawsuits. I am proud of the work I have done in these very difficult cases. But I am most proud of the cases in which the participants have thanked me for being respectful and listening and letting them tell their story. I have found that people who come to court want to be heard. They are able to accept the court's ruling if they know the judge listened to what they have to say.

Do you believe it is good policy to discuss disputed legal and political issues during a judicial campaign? If so, what issues do you plan to discuss and why? If not, why shouldn't such issues be discussed?
It is not good public policy for a judge to discuss disputed legal and political issues during judicial campaigns. Persons that come before the court have the right to be heard by someone who is fair and impartial, who will decide the case based on the facts of that case and the law that applies to those facts. A judge's personal feelings on issues should not be a factor in the decision. If a judge has announced his position on an issue, how could anyone believe that he will be fairly heard? In addition if a judge did express his/her personal views on as issue, he would be required to recuse himself from any case that concerned that issue.

Recent court decisions allow judicial candidates to seek and use endorsements from political parties. To what extent, if any, should partisan politics play a part in judicial campaigns in Minnesota?
Partisan politics have no place in the judiciary and no place in judicial campaigns. I will neither seek nor accept political endorsement. The people of Hennepin County depend on the courts to uphold the constitution and to rule fairly and impartially based solely on the facts of the case and the law that applies to those facts. Judicial decisions are not to be made based on political philosophy.

What else, if anything, would you like the voters to know about your candidacy that you have not discussed so far?
Nothing that I can think of right now.