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Judge has served in the Seventh District since 1989

Dayton appoints Judge Kirk to C of A

Gov. Mark appointed Michael T. Kirk as the new judge for the Seventh Congressional District seat on the Minnesota Court of Appeals. This vacancy was created by the upcoming mandatory retirement of Judge Roger M. Klaphake.

Kirk has served as a Seventh Judicial District Court Judge since 1989 when he was appointed by Gov. Perpich. He has served as the Chief Judge of the District from 2005 to 2009 and the Assistant Chief Judge of the District from 2000 to 2005. He currently serves as one of two judges presiding over a Domestic Violence Specialty Court in Moorhead. Prior to his appointment, Kirk was the Otter Tail County Attorney and earlier maintained a private law practice with the Williams, Nelson and Nitz Law Firm in Fergus Falls.

He graduated from high school in Fairmont, Minnesota and received a B.A. in Economics from the University of Minnesota in 1972, and a J.D. cum laude from the University of Minnesota Law School in 1975.

During his years of service Kirk has been appointed by the Chief Justice to the Criminal Justice Forum, Chair of the Courts’ Finance Committee and to both ASD I and ASD II, which were committees established to develop efficiencies as a result of the challenges of declining Court resources caused by the State’s budget shortfalls. He was also appointed by the Chief Justice to serve on the Supreme Court’s committees on the Rules of Evidence, Rules of Criminal Procedure and the Rules of Child Protection Procedure.

Kirk lives with his wife Joan and their children in Moorhead.



One comment

  1. I’m writing because I am going through what I believe to be a “Judicial Misconduct” situation myself. I have a judge in a Family Law matter (child custody). I argued that he had no reason to tell me I could only have my sons every other weekend, and that it wasn’t Justified. He told me point blank ” If you would like this to go at all your way, you had better learn who’s in charge!” For this, among other things, I had Filed a complaint against him with the JBS. I asked the court to provide transcripts and was denied twice by this Judge. (Note: The transcripts were needed to prove this to the JBS.) I also included the denial of access factor in my complaint. The JBS dismissed my complaint due to lack of evidence. (Not having the transcripts) The Judge finally gave me the transcripts that I had asked for, only after me filing an appeal. Which they had no choice, but to produce the transcripts. When they did, they were chopped up, missing tremendous detail, conversation switched around. And the comment the judge had made about who is “in charge” was left completely out. I filed for a Mod. of Record and this same judge dismissed it saying ” the only thing left out was a few pauses, some ums and uhs. ” The Appeals courts dismissed my Appeal. The final Judgement stated that I could only see my children for supervised visits, (which several had already been completed with every report stating that my children were in no danger from being in my presence.) He also, told me I need to take domestic assault classes and drug abuse classes. I have no assault or domestic charges. I have no drug or possession charges. He signed a $1500 judgement against me, without me even given notice that I had a judgement filed against me. How is this even Valid??? I had thought the appeals courts would see something is wrong and investigate it. They were in a hurry to dismiss. I also Learned this Judge is involved in 4 supreme court committees. How would I get anywhere with the supreme court? During this, the opposing parties attorney had gone against several rules and codes of conduct, which the Judge allowed. I filed complaints against her to Attorneys board. And they dismissed it. This “Marty Cole” was also involved in the dismissal of these complaints. Michelle Clark and Kevin Slater of the attorneys board were also involved. So, In short, my kids were taken, my rights were violated, and No one wants to address the issues. This Judge and attorney, worked hand in hand with the JSB and the AB, to basically “wreck” my life. It has been a year since I have seen my sons. My daughter and I live with this tragedy every day. side note: I had gone to court and was granted custody of my daughter 3 yrs earlier. This Judge took no notice to that what so ever. The Judge who had granted me custody is one of his fellow county Judges. Reform is coming. I am happy that Mr. Kirk has his lovin family around him. I wouldn’t wish upon anyone, the things I have one through because of this man. I pray that his children, one day, know the harm he has caused to my children and I. Then, he will feel shame, through the eyes of his kids.

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