Minnesota Court of Appeals

Last updated
Minnesota Court of Appeals
Minnesota-StateSeal.svg
Minnesota Court of Appeals
44°57′16″N93°6′1″W / 44.95444°N 93.10028°W / 44.95444; -93.10028
EstablishedNovember 1, 1983 (1983-11-01)
Jurisdiction Minnesota, United States
Location Saint Paul
Coordinates 44°57′16″N93°6′1″W / 44.95444°N 93.10028°W / 44.95444; -93.10028
Composition methodNonpartisan election, appointment by the governor if filling midterm vacancy
Authorized by Minnesota Constitution
Appeals to Minnesota Supreme Court
Judge term length6 years (mandatory retirement at the age of 70)
Number of positions19
Website Official website
Chief Judge
Currently Susan Segal
SinceMay 1, 2020
Lead position endsOctober 31, 2022
Jurist term endsJanuary 2, 2023

The Minnesota Court of Appeals is the intermediate appellate court in the U.S. state of Minnesota. It began operating on November 1, 1983.

Contents

Jurisdiction

The Court of Appeals has jurisdiction over most appeals from the state trial courts, including the Minnesota District Courts, and from many decisions of state agencies and local governments. The only exceptions to this grant of jurisdiction are statewide election contests, first-degree murder cases, and appeals from the Minnesota Tax Court and Minnesota Workers' Compensation Court of Appeals, all of which go directly to the Minnesota Supreme Court.

The Minnesota Supreme Court has discretionary review. Only about five percent of Court of Appeals decisions are accepted by the Supreme Court for further review, meaning that the Court of Appeals makes the final ruling in the vast majority of the 2,000 to 2,400 appeals filed every year. [1]

Procedure

Under Minnesota law, the Court of Appeals 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. [1] The court expedites decisions on child custody cases, mental health commitments and other matters in which the parties request accelerated response.

Composition

The 19 judges of the Minnesota Court of Appeals are elected to renewable six-year terms. [2] When a midterm vacancy occurs, the governor appoints a replacement to a term that ends after the general election occurring more than one year after the appointment. [3] All judges that have ever served on the court have been appointed by the governor. [4] The chief judge is selected by the governor from amongst the members of the court to serve a fixed three-year term. [5]

Eight seats are associated with Minnesota's congressional districts. Judges for those seats must live in the associated district at the time of appointment or initial election. However, seated judges remain eligible for those positions even if they move to another district later on. Remaining seats are at-large positions that can be filled without regard to residency. The seats associated with congressional districts are redesignated every ten years following reapportionment of the districts. The most recent reapportionment occurred in 2012. The seats on the Court of Appeals were redesignated in January 2013. [6]

Members sit in three-judge panels in various locations throughout the state to hear oral arguments, all of which are open to the public. [1]

Members

SeatNameDistrictAppointed byJoinedDurationTerm end date
7 Susan Segal (Chief) 5th Tim Walz (DFL)November 26, 20194 years, 2 monthsJanuary 2, 2023
6Renee Worke 1st Tim Pawlenty (R)June 9, 200518 years, 8 monthsJanuary 6, 2025
15Kevin Ross 3rd Tim Pawlenty (R)February 23, 200618 yearsJanuary 4, 2027
17 Matthew Johnson At-large Tim Pawlenty (R)January 1, 200816 years, 1 monthJanuary 2, 2023
19Francis Connolly At-large Tim Pawlenty (R)January 1, 200816 years, 1 monthJanuary 2, 2023
11 Michelle Ann Larkin At-large Tim Pawlenty (R)July 14, 200815 years, 7 monthsJanuary 2, 2023
5Louise Dovre BjorkmanAt-large Tim Pawlenty (R)September 8, 200815 years, 5 monthsJanuary 2, 2023
3 Sarah Wheelock 2nd Tim Walz (DFL)December 1, 20219 monthsJanuary 7, 2025
8Denise ReillyAt-large Mark Dayton (DFL)April 3, 20149 years, 10 monthsJanuary 2, 2023
16Peter ReyesAt-large Mark Dayton (DFL)April 7, 20149 years, 10 monthsJanuary 2, 2023
2Lucinda JessonAt-large Mark Dayton (DFL)January 4, 20168 years, 1 monthJanuary 6, 2025
4Tracy SmithAt-large Mark Dayton (DFL)February 3, 20168 yearsJanuary 6, 2025
12Diane BratvoldAt-large Mark Dayton (DFL)March 24, 20167 years, 10 monthsJanuary 6, 2025
14James Florey 8th Mark Dayton (DFL)June 14, 20176 years, 8 monthsJanuary 6, 2025
13 Jeanne Cochran 6th Mark Dayton (DFL)November 7, 20185 years, 3 monthsJanuary 4, 2027
9Randall Slieter 7th Mark Dayton (DFL)December 3, 20185 years, 2 monthsJanuary 4, 2027
18Vacant
10 Jennifer Frisch 4th Tim Walz (DFL)May 4, 20203 years, 9 monthsJanuary 2, 2023
1 Theodora Gaïtas At-large Tim Walz (DFL)August 24, 20203 years, 5 monthsJanuary 2, 2023

Sources: [6] [7] [8]

Chief judges

Former judges

Related Research Articles

In the United States, a state supreme court is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts.

<span class="mw-page-title-main">United States courts of appeals</span> Post-1891 U.S. appellate circuit courts

The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 13 "Circuits". Eleven of the circuits are numbered "First" through "Eleventh" and cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders. The District of Columbia Circuit covers only Washington, DC. The Federal Circuit hears appeals from federal courts across the United States in cases involving certain specialized areas of law. The courts of appeals also hear appeals from some administrative agency decisions and rulemaking, with by far the largest share of these cases heard by the D.C. Circuit. Appeals from decisions of the courts of appeals can be taken to the U.S. Supreme Court.

<span class="mw-page-title-main">Minnesota Supreme Court</span> Highest court in the U.S. state of Minnesota

The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota. The court hears cases in the Supreme Court chamber in the Minnesota State Capitol or in the nearby Minnesota Judicial Center.

<span class="mw-page-title-main">United States Court of Appeals for the Armed Forces</span> Federal tribunal for appeal of lower military courts

The United States Court of Appeals for the Armed Forces is an Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active duty and other persons subject to the Uniform Code of Military Justice. The court is composed of five civilian judges appointed for 15-year terms by the president of the United States with the advice and consent of the United States Senate. The court reviews decisions from the intermediate appellate courts of the services: the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Coast Guard Court of Criminal Appeals, and the Air Force Court of Criminal Appeals.

<span class="mw-page-title-main">Hawaii Intermediate Court of Appeals</span> Intermediate appellate court of Hawaii

The Hawaii State Intermediate Court of Appeals (ICA) is the intermediate appellate court of the Hawaii State Judiciary. It has jurisdiction over appeals from lower courts and agencies.

<span class="mw-page-title-main">Minnesota's congressional districts</span>

Minnesota is currently divided into eight congressional districts, each represented by a member of the United States House of Representatives. After the 2020 census, the number of Minnesota's seats remained unchanged.

<span class="mw-page-title-main">Oklahoma Supreme Court</span> One of the two highest judicial bodies in the U.S. state of Oklahoma

The Supreme Court of Oklahoma is a court of appeal for non-criminal cases, one of the two highest judicial bodies in the U.S. state of Oklahoma, and leads the judiciary of Oklahoma, the judicial branch of the government of Oklahoma.

Richard John Baker v. Gerald R. Nelson, 291 Minn. 310, 191 N.W.2d 185 (1971), was a case in which the Minnesota Supreme Court decided that construing a marriage statute to restrict marriage licenses to persons of the opposite sex "does not offend" the U.S. Constitution. Baker appealed the decision, and on October 10, 1972, the U.S. Supreme Court dismissed the appeal "for want of a substantial federal question".

<span class="mw-page-title-main">Montana Supreme Court</span> Highest court in the U.S. state of Montana

The Montana Supreme Court is the highest court of the state court system in the U.S. state of Montana. It is established and its powers defined by Article VII of the 1972 Montana Constitution. It is primarily an appellate court which reviews civil and criminal decisions of Montana's trial courts of general jurisdiction and certain specialized legislative courts, only having original jurisdiction in a limited number of actions. The court's Chief Justice and six Associate Justices are elected by non-partisan, popular elections. The Montana Supreme Court meets in the Joseph P. Mazurek Building in Helena, Montana, the state's capital, an international style building completed in 1982 and named in the honor of former Montana Attorney General, Joseph P. Mazurek.

<span class="mw-page-title-main">Government of New Jersey</span> Overview of the government of the U.S. state of New Jersey

The government of the State of New Jersey is separated into three distinct branches: legislative, executive, and judicial. The powers of the State of New Jersey are vested by the Constitution of New Jersey, enacted in 1947, in a bicameral state legislature, the Governor, and the state courts, headed the New Jersey Supreme Court. The powers and duties of these branches are further defined by acts of the state legislature, including the creation of executive departments and courts inferior to the Supreme Court.

The Oregon Court of Appeals is the state intermediate appellate court in the US state of Oregon. Part of the Oregon Judicial Department, it has thirteen judges and is located in Salem. Except for death penalty cases, which are reserved to the Oregon Supreme Court, and tax court cases, it has jurisdiction to hear all civil and criminal appeals from Oregon circuit courts, and to review actions of most state administrative agencies. The 13 judges of the court are chosen by the people in statewide nonpartisan elections to six-year terms, and have as their administrative head a Chief Judge appointed from their number by the Chief Justice of the state Supreme Court.

<span class="mw-page-title-main">New Mexico Supreme Court</span> Highest court in the U.S. state of New Mexico

The New Mexico Supreme Court is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution. It is primarily an appellate court which reviews civil and criminal decisions of New Mexico's trial courts of general jurisdiction and certain specialized legislative courts, only having original jurisdiction in a limited number of actions. It currently resides in the New Mexico Supreme Court Building in Santa Fe.

<span class="mw-page-title-main">Oklahoma Court of Criminal Appeals</span> One of the two highest judicial bodies in the U.S. state of Oklahoma

The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government.

<span class="mw-page-title-main">Mississippi Court of Appeals</span> Intermediate appellate court of Mississippi

The Mississippi Court of Appeals is the intermediate-level appellate court for the state of Mississippi. A creation of the Mississippi Legislature, the court began operations in 1995 for the purpose of relieving a backlog of cases before the Supreme Court of Mississippi.

<span class="mw-page-title-main">Colorado Court of Appeals</span> Intermediate appellate court of Colorado

The Colorado Court of Appeals is the intermediate-level appellate court for the state of Colorado. It was initially established by statute in 1891 and was reestablished in its current form in 1970 by the Colorado General Assembly under Article VI, Section 1 of the Constitution of Colorado.

<span class="mw-page-title-main">District Court of Minnesota</span> State trial court

The District Court of Minnesota is the state trial court of general jurisdiction in the U.S. state of Minnesota.

Bryan v. Itasca County, 426 U.S. 373 (1976), was a case in which the Supreme Court of the United States held that a state did not have the right to assess a tax on the property of a Native American (Indian) living on tribal land absent a specific Congressional grant of authority to do so.

Washington v. Confederated Bands and Tribes of the Yakima Indian Nation, 439 U.S. 463 (1979), was a case in which the Supreme Court of the United States held that the State of Washington's imposition of partial jurisdiction over certain actions on an Indian reservation, when not requested by the tribe, was valid under Public Law 280.

United States v. More, 7 U.S. 159 (1805), was a United States Supreme Court case in which the Court held that it had no jurisdiction to hear appeals from criminal cases in the circuit courts by writs of error. Relying on the Exceptions Clause, More held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction.

In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century.

References

  1. 1 2 3 "Court of Appeals" (PDF). Minnesota Judicial Branch. Retrieved February 20, 2014.
  2. "Minn. Const. art. VI, sec. 7". Minnesota Constitution . Office of the Revisor of Statutes. Retrieved February 20, 2014.
  3. "Minn. Const. art. VI, sec. 8". Minnesota Constitution . Office of the Revisor of Statutes. Retrieved February 20, 2014.
  4. "Judges of the Minnesota Court of Appeals". Chronological Listing of Judges and Justices of the Minnesota Appellate Courts. Minnesota State Law Library. Retrieved February 21, 2014.
  5. "Minnesota Statutes 2013, section 480A.03, subdivision 1". Office of the Revisor of Statutes. Retrieved February 20, 2014.
  6. 1 2 "Administrative Order Filed In re Designations of Court of Appeals Judges for Congressional Districts Pursuant to Minnesota Statutes Section 480A.02, Subdivision 5" (PDF). Minnesota Judicial Branch. January 4, 2013. Retrieved February 20, 2014.
  7. "State Judiciary" (PDF). 2017–2018 Minnesota Legislative Manual (Blue Book). Minnesota Secretary of State. pp. 371–375. Retrieved January 11, 2019.
  8. "Court of Appeals Judges". Minnesota Judicial Branch. Retrieved September 8, 2020.