Courts losing a staunch advocate in Magnuson 

Posted: 1:00 am Mon, March 15, 2010
By Patrick Thornton

Eric Magnuson was never afraid to tell his former law partner and the man who gave him his job as chief justice of the Minnesota Supreme Court that he was wrong, even though that man was the governor.

Magnuson’s announcement Thursday that he would step down on June 30 came as a surprise to many. In his relatively short two-year tenure, the 59-year-old chief justice faced one budget crisis after another as the economy collapsed, the state deficit ballooned and state funding cuts constantly loomed.

Magnuson took his battle to preserve court funding public to the streets, criss-crossing the state to drum up public support against various attempts by the governor and lawmakers to slash the judiciary’s budget. His tactics paid off; the cuts suffered by the courts were far less drastic than those experienced by most governmental entities over the same period.

One of his longtime friends and colleagues said Magnuson expertly guided the state’s judicial branch through a very challenging time and was a public spokesperson for the courts when the branch needed one.

“I can’t think of anything you would mark him down for,” said David Herr, a partner at Maslon Edelman Borman & Brand, LLP. “He provided a lot of leadership at time when the judiciary needed it and dealt admirably with a pretty tough budget time.”

Herr and Magnuson worked together as appellate attorneys, wrote a book together and taught a law school class at William Mitchell College of Law on appellate law. They met as fellow law clerks in the mid 1970s. He said Magnuson was an effective spokesperson for the judicial branch and encouraged others in the court system to engage with the public.

Magnuson came to the high court at a time when dealing with budget cuts was almost as much a part of the job as hearing arguments. During the 2009 legislative session he traveled the state in his own car to raise support against the proposed cuts in funding to the judiciary proposed by Gov. Tim Pawlenty, his former law partner at Rider Bennett and the man who appointed him to the job. Magnuson’s gamble paid off. The courts saw a far smaller cut than other areas of the budget when all was said and done.

‘Public advocacy his legacy’

Magnuson’s public advocacy for the judicial branch may be his legacy, said Peter Knapp, a professor at William Mitchell College of Law.

“I think he had also been a really effective leader for the judicial system,” Knapp said. “Not just for the courts, but for state public defenders, civil legal services as well as for people who feel they have a stake in legal system…. That was something we really, really needed. It’s going to be tough to find someone who will be as able to advocate for the courts.”

In a brief statement issued last week, Magnuson said he will be returning to private practice for “personal reasons.” Magnuson worked for Briggs & Morgan in Minneapolis before he was appointed to the bench. Alan Maclin, the president of Briggs said he has had no conversations with Magnuson about returning to the firm so far.

“We’d be honored if he wanted to come back. He was a highly valued partner here, but there is no agreement or understanding at this time,” Maclin said.

Magnuson served on the state canvassing board that handled the 2008 U.S. Senate recount and as a result he recused himself from the following Supreme Court case. He also championed the increased use of technology in court proceedings as a way to save taxpayer money and streamline the legal process.

‘A great loss’

Mary Vasaly, a partner at Maslon, is an appellate lawyer and has worked on continuing legal education seminars with Magnuson among other projects. She said Magnuson drew on his experience as an appellate attorney on the bench. She described him as a very smart and talented writer who could explain decisions in an understandable way for practitioners and other courts. She said he was fair minded, well-prepared and asked pointed questions during oral arguments.

Greg Weyandt, a partner at Dorsey & Whitney, first worked with Magnuson in the 1970s. He said Magnuson will be remembered for his openness and transparency, his civility and that he went to bat for the justice system.

Richard Nygaard, an attorney at Schwebel Goetz & Sieben worked with Magnuson at Rider Bennett, fishes with him and calls Magnuson one of his best friends. He said Magnuson’s decision to step down is a “great loss to the citizens of Minnesota.”

Nygaard said Magnuson was able to make complicated situations understandable and had a knack for determining what was important and what was not as both an attorney and a judge.

Magnuson was up for re-election and had yet to form an election committee, which prompted some observers to question if he was going to step down.

“That’s one of the things that has gotten to be negative about the job, running in a statewide contested election every six years,” Herr said. “To form a statewide committee right now and add that to all the other responsibilities he had, I would find that to be one of the most daunting parts of the job.”

‘Not an ideological court’

Pawlenty surprised many when he appointed Magnuson from private practice to the chief justice spot. Knapp said the Governor could follow the same playbook this time around. But there are several other Pawlenty appointees on the Supreme Court and the Court of Appeals. Either way, the Supreme Court is not an ideological court, and that is not likely to change with the next appointee, Knapp said.

“We learned when Magnuson was appointed that the governor didn’t feel that he was bound by tradition,” Knapp said. “I was hoping he would stay until retirement. I thought he had been superb.”