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Judge Joseph Klein
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| Born: |
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| Education: |
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1986: J.D., University of Minnesota Law School
1982: B.A., University of Minnesota
1979: A.A., Rochester Community College
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Recent Career:
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2006-2009: Attorney, Law Office of Andrew P. Sherwood
2005-2006: Contract Attorney, Universal Underwriter’s Group
2004-2005: Attorney, Zurich North American Insurance
2000-2003: Quality Assurance Supervisor, Medical Evaluations, Inc.
1987-2000: Attorney and Shareholder, Moss & Barnett
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| Elevated to Bench: |
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Appointed in 2009 |
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Current Assignments:
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Criminal Court |
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More information on this Judge is available from the District Court Website
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Read Profile from
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Published in
January 2010
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| The Judge's Criminal Courtroom Procedures and Advice |
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1. What are your expectations of attorneys (both Defense and State) at arraignment? Nothing specific.
2. What do you see as the Bench's role in settlement at the pre-trial stage?
I play a minimal role. The parties best know their own cases-- the strengths, weaknesses, and risks inherent to trial. I see my role as commenting on the law, the evidence, or the proposed settlement, but not actively working to impose any agreement.
3. When a matter is assigned to you for trial, do you attempt to facilitate settlement before beginning trial?
I always inquire as to whether the parties wish to engage in settlement discussions, but in general I assume that a reasonable settlement is not possible or desired on the day of trial.
4. Under what circumstances do you accept ex parte communications from counsel?
I will accept ex parte communications with respect to procedural, scheduling, or housekeeping matters. My staff has the same limitations as I do. My clerk should not be addressed for legal advice, discussion of a case, or other ex parte communications.
5. What policies do you have concerning weapons, firearms, and ammunition exhibits in the courtroom?
If you believe a firearm may be introduced as evidence, inform the Court before trial begins. There is a seperate instruction sheet involving firearms in the courthouse with which you should familiarize yourself. You are presumed responsible for knowing the Hennepin County weapons, firearms, and ammunition policy. Generally speaking, firearms must be placed in a secure container or be equipped with trigger locks.
6. What policies do you have concerning drugs and other sensitive exhibits in the courtroom?
Nothing specific.
7. Do you have any other specific policies concerning exhibits?
Please provide an exhibit list to the Court and opposing counsel before trial begins. Also before trial, provide opposing counsel with copies of all documents to be offered as exhibits. As exhibits are offered into evidence, provide a courtesy copy to the Court. Please pre-mark all exhibits.
8. When do you discuss proposed jury instructions with attorneys?
Any requested instructions should be submitted to the Court as early as possible, with a copy going to opposing counsel. The charging conference and preparation of instructions will take place when the jury is not scheduled to be present. The court will read the final instructions to the jury after counsel have made their closing arguments.
9. What are your policies concerning jury sequestration?
Jurors will not be sequestered except in unusual circumstances-- counsel shall inform the Court as soon as possible if counsel believes sequestration of the jury would be appropriate.
10. Do you have any specific policies or procedures concerning pre-sentence investigations or sentencing?
I will follow the law with respect to all mandatory sentencing.
11. How do you prefer that objections be made?
Do not use speaking objections. State the objection, the legal basis for it and await the ruling. Do not immediately respond to an opponent's objection-- let the Court consider the objection and invite your input. Do not argue with the Court or opposing counsel. If requested, approach the bench for further discussion--bench conferences will be kept to a minimum and will not be recorded (any argument or preservation of items for the record will be made at times the jury is not in the courtroom). Common objections: Foundation; Leading; Argumentative; Relevance (Rule 402); Hearsay (Rule 801); Undue Prejudice (Rule 403); Character (Rule 404); Lack of personal knowledge (Rule 602); Beyond the Scope (Rule 611).
12. What are your policies concerning witnesses?
Before commencement of trial, the parties shall exchange and provide to the Court and the court reporter a correctly spelled list of all witnesses who may be called. Please inform your potential witnesses about the courtroom layout, rules of decorum, and the questioning process. My clerk will swear the witnesses. One request to approach per witness is generally sufficient. Do not loiter by the witness. Ensure you have sufficient witnesses available to proceed should cross-examination not take as long as anticipated.
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The Judge's Civil Courtroom Procedures and Advice
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1. What are your preferred procedures regarding motion practice?
It is helpful to have ONE courtesy copy of each party's Legal Memorandum (and nothing else). Courtesy copies may be emailed to my clerk or delivered to my chambers at least 3 days before the hearing.
2. What are your preferred procedures regarding hearings?
Absent a request from counsel, hearings that do not involve live testimony and phone conferences will be recorded by tape recorder, rather than by court reporter. The use fo audio visual presentation aids is encouraged. Attorneys should direct all remarks and arguments to the court, not each other.
3. What do you expect the attorneys to have ready at the pre-trail conference?
All or most discovery should have been completed. Attorneys should either have or have access to immediate authority to settle the case.
4. At what point do you expect the parties to undertake ADR, if at all?
As early as possible after the case is filed. Possible exceptions are when there will be a potentially dispositive Summary Judgment motion or when significant discovery has not yet been exchanged.
5. How do you expect the parties to handle discovery disputes (including calling you for a ruling during a deposition)?
I expect that most discovery disputes can and will be resolved by the parties without court involvement. If the parties are unable to resolve a SERIOUS and IMPORTANT discovery dispute, I welcome appropriate motions, including telephone motions (even during a deposition).
6. Do you conduct hearings and motions by phone? If so, please describe the procedure you would like attorneys to use to do so, including how testimony is to be transcribed and who puts the teleconference together.
I do, at times, conduct hearings and motions by phone. My preference is for the attorneys to coordinate some dates and times among them and to then contact my clerk to set the telephone conference on my calendar. If any teleconference technology is necessary my preference is for one or both of the attorneys to make the necessary arrangements.
7. When, if ever, would you consider issuing sanctions, formal reprimands, holding an attorney in contempt, or reporting an attorney for unethical behavior?
I am aware of the options to impose monetary or evidentiary sanctions and/or report attorneys to the Lawyers Board for unethical behavior. I will consider and may undertake these measures.
8. Under what circumstances do you accept ex parte communications from counsel? Do you consider an attorney's communication with your clerk a potential ex parte communication?
I will accept ex parte communications with respect to procedural, scheduling, or housekeeping matters. I will also do so with respect to substantive matters if a party is in default, has without excuse failed to appear at a noticed hearing, or has knowingly waived their appearance. My staff has the same limitations as I do. My clerk should not be addressed for legal advice, discussion of a case, or other ex parte communications.
9. What is your practice with granting continuances and under what circumstances would you consider granting one?
Whenever possible, my preference is for continuance requests to be submitted in writing with a copy to opposing counsel. I am conservative in granting continuances. Good cause must be shown. (Examples include: family medical emergencies, deaths, unexpected witness unavailability). Do not assume that I will grant a continuance because the parties are in agreement. (Therefore, for example, subpoenaed witnesses should not be released without court approval even when your opponent agrees to your request for a continuance).
10. With respect to oral argument, do you prefer an attorney to assume you have read the supporting memorandum and exhibits and not reiterate written material?
YES. I will inform attorneys if I have NOT read the submissions. I may ask questions to guide the oral presentation.
11. What do you consider to be the basic requirements of good oral argument (including the amount of time appropriate for oral argument)?
Attorneys should properly frame the issues presented, in a clear and organized fashion, with support from the law. If there are cases on point, please reference those. Attorneys should address the legal issues at hand, and no make personal attacks on their opponents. If you don't know the answer to a question I ask, admit it. Don't guess. Do not assume that I am as knowledgeable about your legal specialty as you are.
12. What preferences do you have for jury trials? How do you prefer voir dire to be conducted?
I follow the jury selection recommendations of the Jury Task Force Report. I prefer the civil method of jury selection (even in criminal cases). I prefer to give both substantive and procedural instructions to the jury before opening statement. I prefer to decide all pre-trial issues before the jury panel is summoned to the courtroom. This includes deciding all known or anticipated motions in limine as well as jury instructions and verdict forms. I expect counsel to respect the jury's time by insuring that witnesses are available.
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| The Judge's Courtroom Preferences |
- Sentence Modification Requests- Are discouraged. These should be submitted in writing, copying the other side. Requests to extend time periods made after the expiration of the time period allowed, will not be granted. Please allow at least 48 hours for a response to all written requests.
- Be punctual. Generally, my morning hours are 8:30 a.m. to 10:20 a.m. and 10:40 a.m. to Noon. Afternoon hours are 1:30 p.m. to 2:50 p.m. and 3:10 p.m. to 4:30 p.m. When I am in trial, the schedule will be announced in court for the following day. Tell the clerk, reporter or Judge of any time conflicts. Don't be late, but if you are going to be late, please call.
- Be Respectful. The clerk, court reporter, all parties, witnesses, counsel, and courtroom deputies will be treated with dignity and spoken to respectfully.
- Be Candid with the Court. Whenever possible, inform the Court (and opposing counsel) of any evidentiary issues you expect may arise, as well as any scheduling or other concerns you have.
- Court Room Decorum- Electronic devices should be set to "silent." Passing notes and quiet conversation at counsel table is permitted as long as it is not disruptive of the proceedings. Water is permitted at counsel table. I enforce the Rules of Decorum (see Civil Trial Notebook in the General Rules of Practice).
- Standing and Use of the Podium - Parties, including the Defendant, shall stand whenever the jury or the Judge enters or leave the courtroom. Additionally, counsel shall stand at the podium when addressing the jury during Opening Statements and Closing Arguments. Counsel may stand at the podium when addressing the jury panel during voir dire. If counsel would prefer questioning of witnesses to be from the podium, counsel should make this request of the court prior to the first witness being called to the stand. Counsel shall stand at the podium or counsel table when addressing the Court - counsel may remain seated when making an initial objection, but should stand if asked by the Court to address the objection in more detail.
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| Judicial Profile from The Hennepin Lawyer (79:1:22) |
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Joseph Klein
Originally published in the January 2010 issue.
Author: Rebecca Vandenberg
Drawn to the bench by an increasing desire to do more in service to others, Joe Klein embraces his new position as Hennepin County District Court judge with excitement and passion. Public service has always been a significant part of Klein’s life. As Gov. Tim Pawlenty noted in his announcement appointing Klein as judge on July 14, 2009, “Joe has a sharp intellect. His passion for public service and helping others, as reflected by his volunteer work in the community, will help him in his new job.” Judge Klein has long been guided and inspired by Sir Winston Churchill’s notion that you make a living by what you get, but you make a life by what you give. Klein carries this sentiment with him as he takes on this new role.
Klein’s journey began back in high school when he expressed an interest in becoming a lawyer. This interest was encouraged and supported by his family. After high school, Klein attended Rochester Community College (RCC) where he earned his associate of arts degree. While a student at RCC, he was a member of the student senate, chairman of the Lecture and Seminar Committee, a choir section leader, freshman camp counselor, and he was active in several intramural sports.
After graduating from RCC in 1979, Klein attended the University of Minnesota where he majored in political science. While there, Klein was involved in several intramural sport activities. He also served as a resident advisor and later a senior resident advisor at Frontier Hall. Interestingly, his daughter started at the university last fall and, following in her father’s footsteps, is living in Frontier Hall.
After receiving his bachelor of arts degree in 1982, and still being driven by a desire to become a lawyer, Klein attended law school at the University of Minnesota and received his JD in 1986. During law school, he worked two jobs while attending classes and continued to be involved in various intramural sports, referred to as “Law League” sports. He was also involved in a number of church activities at the Newman Center Catholic Church, including singing in the choir and serving as a lector at Sunday services.
Kline began his practice of law in 1987 at the law firm of Moss and Barnett in Minneapolis. He later became a shareholder in the firm. As he reflects on his experience, he treasures the fact that he learned the practice of law from “a good bunch of folks.” According to Klein, there are several positive personal qualities you can have as a lawyer, but the foundation is integrity. He practiced with a number of people who showed him integrity. As a young attorney he had an opportunity to try cases early on in his career and “simply loved it.” He describes being in the courtroom as one of the most professionally fulfilling experiences, both then and now.
Klein left Moss and Barnett in 2000 to be a quality assurance supervisor at Medical Evaluations, Inc., also located in Minneapolis. Medical Evaluations provides independent medical examinations for personal injury cases. There Klein was able to view a case through the lens of those providing litigation support. He was as a liaison between doctors and lawyers as he managed the quality assurance department. This experience provided Klein with a unique perspective and appreciation for the many aspects involved in litigation. Additionally, he again observed the importance of integrity and professional reputation throughout the litigation process.
Ready for a new challenge, Klein returned to the practice of law as an attorney with Zurich North American Insurance from 2004 to 2005. He then pursued a position as a contract attorney with Universal Underwriter’s Group in Edina from 2005 to 2006. From 2006 to his present appointment as Hennepin County District Court Judge, Klein worked as an attorney with the Law Office of Andrew P. Sherwood, in Roseville, where he served as house counsel for Progressive Group of Insurance Companies.
In addition to a wealth of civil experience Klein brings to his new role, a commitment to public service and a sincere reverence for the work judges do. Klein’s community involvements include serving as a volunteer judge for the University of Minnesota Law School Moot Court, a volunteer attorney coach for Edina Middle School’s mock trial program, a volunteer for Loaves and Fishes, as well as a volunteer coach for Hopkins youth football, basketball, baseball, and girls’ softball. Klein is a member and active participant at Faith Presbyterian Church.
Klein and his wife, Holly Pike, and their two teenage children often volunteer together. Klein delights in standing back and seeing his children engage in serving others and then observing the impact the service experience has on them. Holly works at Hennepin County Medical Center as a pediatric nurse practitioner. She interacts with a variety of people, as will the judge in his new role. Klein is excited and challenged by the opportunity to be a judge because his new position combines two things he has found personally rewarding throughout his life: public service and the practice of law in the courtroom setting.
Understanding the significance of his role as a judge, Klein sees himself as “on the front line,” meaning that he will oftentimes be the face of the law to those who appear before him. Klein acknowledges that a judge is sometimes the first and only person individuals see and equate with justice. To him, being a good judge is about allowing people the chance to be heard and ensuring that they understand the process. Additionally, finding a balance between treating everyone with respect and moving things along in the courtroom is something Klein sees as a challenge, but accepts as a goal.
For fun, Klein and his son both practice Tae Kwon Do. They have been taking classes together for about six years, and each has a second-degree black belt. Klein watched his son for a year or two and then, at the urging of his son, decided to participate in the class himself. After having a coaching relationship with his son for several years, Klein appreciates this special activity because “there’s something neat about being a student right along with him.”
Judge Klein recommends doing something outside of oneself every day. He encourages us to see the value in every moment, to challenge ourselves to be better than we are, and to recognize that everybody crosses our path for a reason, be it to give us something or for us to give that person something. He stresses the importance of reading, reflection, and carrying quotes from those who have come before us as we journey forward.
Joseph Klein truly brings with him a passion for public service, a commitment to justice, and an increasing desire to do more. His appreciation for the law, the courtroom, the legal process, and—above all—the human person communicates his commitment to his new position as judge with the Hennepin County District Court.
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