By Samuel Edmunds
Greetings to all members of the Minnesota State Bar Association! As the newly elected president of our esteemed association, I am excited to contribute my first article to Bench & Bar. It has been a rewarding and challenging journey through the MSBA since my first New Lawyers Section meeting in 2007. I look forward to engaging with members across our state over the coming year.
The most pressing issue facing the association right now is judicial elections that will take place this November. In Minnesota, judges at all three levels of our courts—the Supreme Court, Court of Appeals, and district courts—are elected. But the path to judgeship often begins with appointment by the governor through a merit-based selection process. Once appointed, judges must subsequently stand for election to retain their position on the bench. Minnesota’s state judge selection process differs significantly from the federal judiciary. Federal judges are appointed for life, providing insulation from the electoral process. In contrast, Minnesota judges must run for reelection every six years after their initial appointment, ensuring accountability to the electorate and reinforcing public trust in our judiciary.
The MSBA is pleased to announce that we will once again conduct a judicial plebiscite for the upcoming 2024 election cycle. This longstanding tradition underscores our commitment to fostering fairness, transparency, and accountability within our judicial system. As we prepare for contested races around the state, MSBA members will have the opportunity to participate by voting in the plebiscite for the statewide races. (Each district bar decides whether to conduct a plebiscite for their local races.)
Fair and impartial judicial elections are fundamental to the integrity of our legal system. They ensure that judges are selected based on merit, legal expertise, and commitment to justice, free from partisan politics or personal biases. The judicial plebiscite plays a crucial role in this process by providing a structured framework for evaluating candidates’ qualifications and suitability for the bench. By engaging our members in this rigorous evaluation, the MSBA promotes informed decision-making and strengthens public trust in our judiciary.
The MSBA, as a nonpolitical organization, facilitates the judicial plebiscite solely for our members to assess candidates based on professional competence, temperament, and adherence to ethical standards. Your participation in this process is crucial, as it enables us to uphold the rule of law and safeguard the rights of all Minnesotans. The results of the plebiscite are only valuable if a large percentage of our members vote. So please take the time to get educated about the judicial candidates and make sure you vote in the plebiscite. Information will be posted by the MSBA at www.votemnjudges.org.
Participating in the plebiscite is straightforward. As an MSBA member, you will receive an electronic ballot and are encouraged to vote based on your assessment of each candidate’s qualifications. The results of this poll will be published statewide to inform the legal community, the voting public, and policymakers about the perspectives of Minnesota’s lawyers regarding judicial candidates.
Over the years, the judicial plebiscite conducted by the MSBA has evolved into a respected tradition that enhances public confidence in our judiciary. The transparency of the plebiscite results fosters informed public discourse and underscores the accountability of our judicial system.
In contrast, some nearby states have faced challenges in their judicial elections, characterized by heavy partisan influence and campaign spending. Minnesota itself faced a departure from its tradition of nonpolitical judicial elections in 2014 when the Republican Party endorsed a candidate for the Minnesota Supreme Court. This endorsement highlighted the challenges of maintaining judicial independence amid political pressures.
Minnesota’s commitment to the judicial plebiscite ensures that our judges are evaluated based on professional qualifications and judicial temperament rather than political considerations. While the plebiscite offers significant benefits, it requires careful consideration of confidentiality and impartiality. The MSBA safeguards the anonymity of respondents to maintain the integrity of the evaluation process. And in our communications to members and to the public, we stress clear communication of the purpose of the plebiscite to ensure that members and the voting public understand its nonpolitical nature and the importance of their participation in maintaining judicial accountability.
As we prepare for Minnesota’s 2024 judicial elections, I encourage all MSBA members to participate in the plebiscite process. Together, we can continue to strengthen our judicial system and educate the voting public about the critical importance of fair and impartial judicial elections in Minnesota.
Samuel Edmunds is a criminal law specialist, certified by the state bar since 2015. A former prosecutor, he is the 142nd president of the MSBA. Sam has twice been awarded the Attorney of the Year designation by Minnesota Lawyer. He represents clients and tries cases in criminal courts across Minnesota and Wisconsin.