Minnesota Court of Appeals

 

Minnesota Court of Appeals
Court information
Judges:	19
Founded:	1983
Salary:	Associates: $180,313[1]
Judicial selection
Method:	Nonpartisan election of judges
Term:	6 years

The Minnesota Court of Appeals, created in 1983, is the intermediate appellate court in Minnesota and was designed to relieve the volume of cases that go to the Minnesota Supreme Court.^[2]

Jurisdiction[edit]

It is the responsibility of the Court of Appeals to provide citizens with prompt and deliberate review of all final decisions of the trial courts, state agencies and local governments. Exceptions to this, which go directly to the Minnesota Supreme Court, are appeals from the Minnesota Tax Court, the Minnesota Workers' Compensation Court of Appeals, first-degree murder cases and statewide election contests.^[2]

Caseload[edit]

The Court of Appeals' decisions are the final ruling in about 95 percent of the 2,000 to 2,400 appeals filed every year. Typically, approximately 5 percent of the court's decisions are accepted by the Minnesota Supreme Court for further review.

Each judge participates in roughly 300 cases each year. The judges also share responsibility for hundreds of special term opinions and orders on motions and petitions filed with the court. The Court of Appeals issues a published, unpublished or order opinion on each case it considers.

By law, the court must issue a decision within 90 days after oral arguments. If no oral argument is held, a decision is due within 90 days of the case's scheduled conference date. This deadline is the shortest imposed on any appellate court in the nation. The court expedites decisions on child custody cases, mental health commitments and other matters in which the parties request accelerated response.^[2][3]

Judges[edit]

As part of the court's effort to expedite justice and to make access to the appellate system less burdensome and expensive, the court's 19 judges sit in three-judge panels and travel to locations throughout Minnesota to hear oral arguments, which are open to the public. They serve six-year terms.^[4]

Judge	Tenure	Appointed By
Peter M. Reyes Jr.	2014 - Present	Mark Dayton
Denise D. Reilly	2014 - Present	Mark Dayton
Elise Larson	July 1, 2022 - Present	Tim Walz
Sarah Wheelock	December 1, 2021 - Present	Tim Walz
Jennifer Frisch	May 1, 2020 - Present	Tim Walz
Theodora Gaïtas	August 22, 2020 - Present	Tim Walz
Matthew Johnson	January 1, 2008 - Present	Tim Pawlenty
Michelle Ann Larkin	2008 - Present	Tim Pawlenty
Louise Dovre Bjorkman	2008 - Present	Tim Pawlenty
Francis J. Connolly	January 1, 2008 - Present	Tim Pawlenty
Renee L. Worke	2005 - Present	Tim Pawlenty
Kevin G. Ross	February 23, 2006 - Present	Tim Pawlenty
Jeanne Cochran	2018 - Present	Mark Dayton
Randall Slieter	2018 - Present	Mark Dayton
Diane Bratvold	2016 - Present	Mark Dayton
Lucinda E. Jesson	2016 - Present	Mark Dayton
Tracy M. Smith	2016 - Present	Mark Dayton
Jeffrey M. Bryan	November 25, 2019 - Present	Tim Walz
Susan Segal	November 25, 2019 - Present	Tim Walz

Former judges[edit]

• Margaret Chutich
• Edward J. Cleary
• Natalie Hudson
• Thomas Kalitowski
• Michael Kirk
• David Minge
• Randolph Peterson
• John R. Rodenberg
• Terri Stoneburner
• James B. Florey

Judicial selection[edit]

Judges of the court of appeals are elected in nonpartisan elections. Incumbents serve six-year terms and must be re-elected to continue serving. The governor appoints interim judges as necessary; interim incumbents who wish to serve another term must run in the next election that takes place more than a year after appointment.^[5]

For details about Minnesota's judicial elections, visit the Minnesota judicial elections page.

Qualifications[edit]

To serve on the court of appeals, a judge must be:

• "learned in the law," a phrase courts have interpreted to mean a licensed attorney-at-law;
• no more than 70 years old^[5][6]

Salary[edit]

In 2022, the associate judges of the court received a salary of $180,313, according to the National Center for State Courts.^[7]

Elections[edit]

2022[edit]

See also: Minnesota intermediate appellate court elections, 2022

The terms of 10 Minnesota intermediate appellate court judges will expire on January 2, 2023. The 10 seats are up for nonpartisan election on November 8, 2022.

Judges with expiring terms[edit]

This is a list of the judges who must stand for nonpartisan election in 2022 in order to remain on the bench. Judges may choose not to stand for election. The list is subject to change if judges retire or are appointed.

■ Michelle Ann Larkin
■ Theodora Gaïtas
■ Denise D. Reilly
■ Louise Bjorkman
■ Peter M. Reyes, Jr.
■ Matthew Johnson
■ Francis Connolly
■ Jennifer Frisch
■ Susan Segal
■ Jeffrey M. Bryan

Seat 1[edit]

The primary election was canceled. Incumbent Theodora Gaïtas advanced from the primary for Minnesota Court of Appeals.

Seat 5[edit]

The primary election was canceled. Incumbent Louise Dovre Bjorkman advanced from the primary for Minnesota Court of Appeals.

Seat 7[edit]

The primary election was canceled. Incumbent Susan Segal advanced from the primary for Minnesota Court of Appeals.

Seat 8[edit]

The primary election was canceled. Incumbent Denise D. Reilly advanced from the primary for Minnesota Court of Appeals.

Seat 10[edit]

The primary election was canceled. Incumbent Jennifer Frisch advanced from the primary for Minnesota Court of Appeals.

Seat 11[edit]

The primary election was canceled. Incumbent Michelle Ann Larkin advanced from the primary for Minnesota Court of Appeals.

Seat 16[edit]

The primary election was canceled. Incumbent Peter M. Reyes Jr. advanced from the primary for Minnesota Court of Appeals.

Seat 17[edit]

The primary election was canceled. Incumbent Matthew Johnson advanced from the primary for Minnesota Court of Appeals.

Seat 18[edit]

The primary election was canceled. Incumbent Jeffrey M. Bryan advanced from the primary for Minnesota Court of Appeals.

Seat 19[edit]

The primary election was canceled. Incumbent Francis J. Connolly advanced from the primary for Minnesota Court of Appeals.

2020[edit]

See also: Minnesota intermediate appellate court elections, 2020

The terms of four Minnesota Court of Appeals justices expired on January 4, 2021. The four seats were up for nonpartisan election on November 3, 2020. A primary was scheduled for August 11, 2020. A full term on the court is six years.

Judges with expiring terms[edit]

This is a list of the justices who had to stand for nonpartisan election in 2020 in order to remain on the bench. Justices could choose not to stand for election.

■ Jeanne Cochran
■ Carol A. Hooten
■ Kevin Ross
■ Randall Slieter

2018[edit]

See also: Minnesota intermediate appellate court elections, 2018

The terms of six Minnesota Court of Appeals judges expired on January 7, 2019. All stood for nonpartisan election by voters in 2018 in order to remain on the bench. A full term on the court is six years.

2016[edit]

Candidates[edit]

Election results[edit]

November 8 general election[edit]

Incumbent Louise Bjorkman ran unopposed in the general election for Seat 5 on the Minnesota Court of Appeals.

Minnesota Court of Appeals, Seat 5, 2016
Candidate	Vote %	Votes
Louise Bjorkman Incumbent (unopposed)	98.91%	1,704,673
Write-in votes	1.09%	18,790
Total Votes (4073 of 4120 precincts reporting: 99%)		1,723,463
Source: Minnesota Secretary of State

Incumbent Denise D. Reilly ran unopposed in the general election for Seat 8 on the Minnesota Court of appeals.

Minnesota Court of Appeals, Seat 8, 2016
Candidate	Vote %	Votes
Denise D. Reilly Incumbent (unopposed)	99.01%	1,679,432
Write-in votes	0.99%	16,847
Total Votes (4073 of 4120 precincts reporting: 99%)		1,696,279
Source: Minnesota Secretary of State

Incumbent Michelle Ann Larkin ran unopposed in the general election for Seat 11 on the Minnesota Court of Appeals.

Minnesota Court of Appeals, Seat 11, 2016
Candidate	Vote %	Votes
Michelle Ann Larkin Incumbent (unopposed)	99.05%	1,673,976
Write-in votes	0.95%	16,043
Total Votes (4073 of 4120 precincts reporting: 99%)		1,690,019
Source: Minnesota Secretary of State

Incumbent Randolph Peterson ran unopposed in the general election for Seat 13 on the Minnesota Court of Appeals.

Minnesota Court of Appeals, Seat 13, 2016
Candidate	Vote %	Votes
Randolph Peterson Incumbent (unopposed)	99.03%	1,655,611
Write-in votes	0.97%	16,225
Total Votes (4073 of 4120 precincts reporting: 99%)		1,671,836
Source: Minnesota Secretary of State

Incumbent Lawrence Stauber ran unopposed in the general election for Seat 14 on the Minnesota Court of Appeals.

Minnesota Court of Appeals, Seat 14, 2016
Candidate	Vote %	Votes
Lawrence Stauber Incumbent (unopposed)	99.03%	1,648,207
Write-in votes	0.97%	16,156
Total Votes (4073 of 4120 precincts reporting: 99%)		1,664,363
Source: Minnesota Secretary of State

Incumbent Peter M. Reyes, Jr. ran unopposed in the general election for Seat 16 on the Minnesota Court of Appeals.

Minnesota Court of Appeals, Seat 16, 2016
Candidate	Vote %	Votes
Peter M. Reyes, Jr. Incumbent (unopposed)	99.07%	1,639,561
Write-in votes	0.93%	15,308
Total Votes (4073 of 4120 precincts reporting: 99%)		1,654,869
Source: Minnesota Secretary of State

Incumbent Matthew Johnson ran unopposed in the general election for Seat 17 on the Minnesota Court of Appeals.

Minnesota Court of Appeals, Seat 17, 2016
Candidate	Vote %	Votes
Matthew Johnson Incumbent (unopposed)	99.08%	1,640,174
Write-in votes	0.92%	15,226
Total Votes (4073 of 4120 precincts reporting: 99%)		1,655,400
Source: Minnesota Secretary of State

Incumbent Heidi Schellhas ran unopposed in the general election for Seat 18 on the Minnesota Court of Appeals.

Minnesota Court of Appeals, Seat 18, 2016
Candidate	Vote %	Votes
Heidi Schellhas Incumbent (unopposed)	99.09%	1,635,569
Write-in votes	0.91%	14,981
Total Votes (4073 of 4120 precincts reporting: 99%)		1,650,550
Source: Minnesota Secretary of State

Incumbent Francis Connolly ran unopposed in the general election for Seat 19 on the Minnesota Court of Appeals.

Minnesota Court of Appeals, Seat 19, 2016
Candidate	Vote %	Votes
Francis Connolly Incumbent (unopposed)	99.09%	1,632,466
Write-in votes	0.91%	14,915
Total Votes (4073 of 4120 precincts reporting: 99%)		1,647,381
Source: Minnesota Secretary of State

2014[edit]

The following candidates were elected or re-elected after running unopposed in the general election.

Court	Candidate
Click the arrows in the column headings to sort columns alphabetically.
Court of Appeals	Carol A. Hooten
Court of Appeals	Edward J. Cleary
Court of Appeals	John P. Smith
Court of Appeals	John R. Rodenberg
Court of Appeals	Kevin Ross (Minnesota)
Court of Appeals	Margaret Chutich
Court of Appeals	Michael Kirk

2012[edit]

Candidate	Incumbency	Place	Primary Vote	Election Vote
Flaskamp HalbrooksJill Flaskamp Halbrooks   A	Yes			99.03%   A
WorkeRenee Worke   A	Yes	Seat 6		98.98%   A

2010[edit]

Out of the 10 seats up for election on the Minnesota Court of Appeals, only two were contested.

District	Candidates	Details	Results
Minnesota Court of Appeals	Randolph Peterson and Roxann Klugman	Randolph Peterson ran for re-election.	Randolph Peterson won with 56.6 percent of the vote.
Minnesota Court of Appeals	Lawrence Stauber and Dan Griffith	Lawrence Stauber ran for re-election.	Lawrence Stauber won with 51.7 percent of the vote.

^[8][9]

These judges ran unopposed for re-election:

• Louise Bjorkman
• Francis Connolly
• Natalie Hudson
• Matthew Johnson
• Michelle Ann Larkin
• David Minge
• Heidi Schellhas
• Wilhelmina Wright^[8]

Ethics[edit]

The Minnesota Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Minnesota. It is composed of four canons:

• Canon 1: "A Judge Shall Uphold and Promote the Independence, Integrity, and Impartiality of the Judiciary, and Shall Avoid Impropriety and the Appearance of Impropriety"
• Canon 2: "A Judge Shall Perform the Duties of Judicial Office Impartially, Competently, and Diligently"
• Canon 3: "A Judge Shall Conduct the Judge's Personal and Extrajudicial Activities to Minimize the Risk of Conflict with the Obligations of Judicial Office"
• Canon 4: "A Judge or Candidate for Judicial Office Shall Not Engage in Political or Campaign Activity that is Inconsistent with the Independence, Integrity, or Impartiality of the Judiciary"^[10]

The full text of the Minnesota Code of Judicial Conduct can be found here.

Removal of judges[edit]

Judges in Minnesota may be removed in one of three ways:

• By the supreme court, after a public hearing and on the recommendation of the board on judicial standards
• Impeached by a majority vote of the house of representatives and convicted by a two-thirds vote of the senate
• By recall via a popular vote^[11]

Noteworthy cases[edit]

• Minnesota appellate court reverses dismissal in drug case (2015)

Click for summary→

Adam Alvarado was stopped by police on October 13, 2013. A search of his body by cops revealed three Fentanyl patches, which are used to treat chronic pain, and 29 grams of marijuana in a baggie in his pocket. The police then searched his car, finding 17.5 grams of methamphetamines. Alvarado was charged with fifth-degree drug possession. He filed a motion to suppress the evidence resulting from the searches conducted by the police. Judge Jennifer Fischer agreed with Alvarado and granted his motion. Fischer made her ruling after finding that the warrantless search by law enforcement was done illegally as no exception to the requirement for a warrant was present. The state subsequently dismissed the case, as its key evidence for trial was suppressed. The prosecutor on the case, however, appealed Judge Fischer's ruling to the Minnesota Court of Appeals. That court reversed Judge Fischer. Judge Renee Worke wrote for the court. She said that Judge Fischer was incorrect when she found no exception to the warrant requirement in Alvarado's case. Worke said that the automobile exception existed. Further, law enforcement had probable cause to conduct the search. As a result, suppression of the drug evidence was inappropriate. The Court of Appeals remanded the case back to the Kandiyohi County District Court for trial, which has been set for June. Articles: West Central Tribune, "Appeals court reverses decision to dismiss Willmar man’s drug charge," April 15, 2015

State profile[edit]

Demographic data for Minnesota
	Minnesota	U.S.
Total population:	5,482,435	316,515,021
Land area (sq mi):	79,627	3,531,905
Race and ethnicity**
White:	84.8%	73.6%
Black/African American:	5.5%	12.6%
Asian:	4.4%	5.1%
Native American:	1%	0.8%
Pacific Islander:	0%	0.2%
Two or more:	2.7%	3%
Hispanic/Latino:	5%	17.1%
Education
High school graduation rate:	92.4%	86.7%
College graduation rate:	33.7%	29.8%
Income
Median household income:	$61,492	$53,889
Persons below poverty level:	12.2%	11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Minnesota. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern[edit]

See also: Presidential voting trends in Minnesota

Minnesota voted for the Democratic candidate in all five presidential elections between 2000 and 2020.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, 19 are located in Minnesota, accounting for 9.22 percent of the total pivot counties.^[12]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Minnesota had 15 Retained Pivot Counties and four Boomerang Pivot Counties, accounting for 8.29 and 16.00 percent of all Retained and Boomerang Pivot Counties, respectively.

More Minnesota coverage on Ballotpedia

• Elections in Minnesota
• United States congressional delegations from Minnesota
• Public policy in Minnesota
• Influencers in Minnesota
• Minnesota fact checks
• More...

Recent news[edit]

The link below is to the most recent stories in a Google news search for the terms Minnesota Court Appeals. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also[edit]

Minnesota	Judicial Selection	More Courts
Courts in Minnesota Minnesota Court of Appeals Minnesota Supreme Court	Elections: 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in Minnesota	Federal courts State courts Local courts

External links[edit]

• Minnesota Judicial Branch, "Minnesota Court of Appeals"

Footnotes[edit]

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