These practices and procedures are in place to aid the parties and their counsel to proceed fairly and efficiently.  I welcome suggestions about how the practices could be modified to meet the particular needs of a case, and I try to be flexible when it assists the Court’s customers and the achievement of a just result.  My general practices are as follows:

For Criminal & Civil Cases:

1.         I welcome questions from counsel and pro se parties to my clerks about

            procedural and scheduling matters, but there should be no other ex

            parte communications to my chambers. 

2.         Courtesy copies of filings should be sent to my clerks.  E-mail is best;

            the appropriate e-mail address can be obtained by calling my chambers

            at 612-596-7386.  Proposed orders should be sent as Word documents. 

3.         At all hearings counsel should have their calendars available for selecting

           future case dates. 

4.         At oral arguments, assume that I have read the submissions.  I

           frequently ask that oral arguments focus on specific issues, cases, or

           exhibits that seem dispositive to me. 

5.         I ask counsel to try to agree on the admissibility of exhibits and

           deposition testimony before trial so that I can expeditiously rule on any 

           disputes without delaying the start of the trial.

6.         For jury trials, I will have a proposed set of instructions and a verdict form

            for counsel to review and discuss near the end of the presentation of

           evidence.  I instruct the jury before closing arguments and provide a

           written copy of the instructions to the jurors in the jury deliberation room. 

           Criminal voir dire will be on the record, and am also happy to hold civil

           voir dire on the record upon request. 

7.         Counsel or unrepresented parties who have questions not covered here

            may call my clerk at 612-596-7386.

For Civil Cases:

1.         A scheduling order and a trial order will be issued that address procedural

            issues.

2.         Information statements should be submitted within 60 days of the date

           the case is filed.   We will use the information statements to prepare a

           scheduling order, which includes the trial block to which the case is

           assigned as well as deadlines for the following:  joining additional parties;

           plaintiff’s and defendant’s expert disclosures; independent physical,

           mental, or blood examinations; discovery; alternative dispute resolution

           (“ADR”); non-dispositive and dispositive motions; and receipt of a joint

           statement of the case.  We will promptly send out a scheduling order

           after the 60 days has expired regardless of whether informational

           statements have been received by one or both parties.  If no

           informational statements are received, a scheduling order will be based

           upon the complaint and responses, if any.    

3.         I welcome telephone conferences on procedural matters, and they can

            usually be scheduled within 48 hours.  In particular, I ask that counsel

            schedule a telephone conference before filing discovery motions, since

            so many discovery issues can be worked out in a short conversation.  No

            papers should be submitted for telephone conferences, since it puts the

            other party in an uncertain position about how or when to respond.  If the

            submission of paperwork is necessary, we will arrange a schedule for

            submissions following the telephone conference.

4.         I expect all parties to engage in ADR, except in those cases which are 

            statutorily exempt.  ADR is addressed in the scheduling order.  I will be

            glad to talk with counsel about ADR in a telephone conference, including

            the type of ADR that might be appropriate, the identification of particular

            neutrals, or follow up processes that might be useful.    

5.         We do not routinely schedule pre-trial settlement conferences, but as

            noted in the scheduling order, counsel are welcome to request one if

            they choose.  I am happy to become involved in settlement discussions

            at any time counsel request.  I would prefer to do so at a scheduled pre-

            trial settlement conference rather than delay the start of a trial for last

            minute settlement discussions. 

6.         Cases are scheduled for trial during three week trial blocks, with the

            oldest cases getting first priority.  As stated in the trial order, counsel

            with a distinct need such as out of town witnesses may request a date

            certain, although it is difficult to grant all such requests.  As the trial

            block approaches, counsel should call my chambers to learn the current

            priority of their case.  We can usually provide a fairly good estimate of

            the trial date.  The trial order contains submission dates for trial

            materials, including motions in limine, instructions, and the verdict form. 

1. Do you have any prior personal or professional experience in family court?

I have served a total of six years in Family Court.

2. What procedures are you following for emergency and/or ex parte motions (by phone or in person, representations as to efforts to notify the other side, go to the signing judge or a blocked judge)?

I ask that emergency or ex parte motions be presented in person and that the other party be notified or an explanation provided why not.  I rarely issue an order in an emergency case without talking to the responding party, if that is at all possible.  Emergency and ex parte motions should be heard by the blocked judge.

3. How are you dividing the workload between judges and referees, in terms of types of cases and issues?

N/A

5. Are you using case management conferences, and if so, when in the process are they scheduled, who is present, who is conducting them (judge or referee), and are motions allowed to be considered?

I conduct case management conferences and we make an effort to schedule them within 21 days of filing.  Motions are not considered at case management conferences, but I make an effort to address and resolve temporary issues by agreement at the conference.

6. Are you using and mandating any ADR, specifically including the settlement/arbitration program, judicial case management, early neutral evaluations, mediation, arbitration, or trials by private magistrates?  What are the consequences of failing to do some type of ADR?

I typically discuss with the parties and counsel the appropriate ADR procedure and reach an agreement on what process to use.  Early Neutral Evaluations, which must be by agreement, are most common.

7. Are you imposing any timelines on Family Court Services for completion of their studies?

Family Court Services requires 120 days for completion of a custody evaluation.  With their concurrence, I sometimes ask for an oral report in 90 days. 

8. What criterion are you using for the appointment of guardian ad litem, and is it any different for private guardians ad litem or guardians ad litem from the panel?

Pursuant to Minn. Stat. 518.165, Subd. 2, I appoint a guardian in all cases of suspected child abuse or neglect.  In addition, I appoint guardians in a wide array of cases where reliable information about an issue affecting a child is needed or the parties need assistance making some arrangements for a child, such as verifying that a residence is safe for children, arranging reconciliation therapy, or recommending temporary parenting time arrangements.   Since public resources are scarce, if the parties are able to retain a private guardian, the guardian may be used for more and less urgent functions.

9. Are you continuing to schedule trials on a day certain basis, or are you scheduling several trials at the same time for week certain consideration?

I schedule trials on a day certain, and cases always go to trial as scheduled.

10. Are you enforcing the timelines for motion paper filings, and if a violation occurs, what is your typical sanction?

I enforce timelines for motion filings.  A typical sanction is to reject an untimely affidavit unless good cause is shown.

11. What are your expectations of pro se litigants?

I expect pro se litigants to be respectful and to do their best to follow the rules.

12. Do you have any policies or practices for controlling parties who continue to bring frivolous motions in the same case time and time again?

I award attorney fees for having to respond to frivolous motions and am open to requests for other sanctions.

13. Do you have any timelines that you enforce in moving a case from case management conference to temporary relief hearing to trial?

I almost never have temporary relief hearings because most issues can be resolved by agreement at the management conference.  I schedule a trial as soon as possible after alternative dispute procedures have been exhausted and discovery and expert reports have been completed.  I always set trial dates in consultation with counsel or unrepresented parties.

14. Will you receive correspondence sent directly to the court from a neutral expert in the case?

I have received correspondence or reports from guardians, custody evaluators, therapists, and psychological assessors when addressing child safety or well-being.  There may be other circumstances in which correspondence from a neutral expert is appropriate, but typically information from experts is introduced by a party as evidence at trial.

15. How would you characterize your willingness to award attorneys’ fees as a sanction in a case?

I am very willing to award attorney fees against a party who unreasonably contributes to the length or expense of a proceeding.

16. What is your level of involvement in settlement discussions, and will you tell the parties what you would do in the case if the issue were then before you for decision?

I have seen some issues many times, and I am willing to tell the parties what my standard practice is for resolving such issues.

17. Will you allow parties to have motions heard at pre-trial conferences?

I would appreciate a request if a party needs to have a motion heard at a pretrial Conference, because otherwise time would not be allotted for motions.

Bruce Peterson
Originally published in the August 1999 issue.
Author: Courtney Ward-Reichard

The most recent addition to the Hennepin County bench is Minneapolis attorney Bruce Peterson. Judge Peterson was Gov. Jesse Ventura’s first judicial appointment—and a welcome one for members of the Hennepin County bar. Peterson replaces Judge John Stanoch, who resigned to take a position in the Minnesota Attorney General’s office. Peterson called Stanoch an "innovative" judge, especially in the area of juvenile law, and said he was "delighted to follow in his footsteps."

Judge Peterson has an extensive background in public and private law. He graduated from Cornell University in 1972 and Yale Law School in 1978. From 1978 to 1979, Judge Peterson served as a judicial clerk for Chief Justice Robert Sheran of the Minnesota Supreme Court. Judge Peterson said that Sheran was a "great role model" for his own work as a judge.

From 1979 to 1986, Judge Peterson worked in Washington, D.C. as an assistant U.S. attorney and a special assistant to the deputy assistant Attorney general at the Department of Justice. During this time, Judge Peterson obtained extensive experience in criminal law, handling countless felony jury trials.

In 1987, Judge Peterson returned to Minnesota and joined the law firm of Popham Haik Schnobrich & Kaufman. He joined the law firm of Hinshaw & Culbertson in 1997 when it acquired Popham Haik. In private practice, Judge Peterson specialized in white-collar criminal defense, commercial litigation, and governmental law. He has been selected as a "Minnesota Leading Attorney" and "Super Lawyer" in these three practice areas by local publications.

One of the most striking things about Judge Peterson is his significant and long-standing commitment to pro bono and other volunteer community activities. He received the HCBA Pro Bono Publico Award in 1997 in recognition of his extensive involvement in volunteer work, including numerous hours spent heading a team that obtained a new trial for a mentally retarded death-row inmate in Florida and his work as legal advisor to Minneapolis Way to Grow. Judge Peterson also coordinated the FATHER project through Way to Grow, an innovative program to assist non-custodial fathers in improving employment, child support, and parenting in order to reduce welfare dependency. He helped obtain $2.5 million in funding for the project from the Labor Department and the Ford Foundation and received a 1998 Minneapolis Award from Mayor Sharon Sayles Belton.

Judge Peterson is very excited about his new appointment and his tasks ahead. He has been struck so far by the breadth of matters that come up before the court. He has worked hard to give litigants his undivided attention and learn diverse areas of the law. Judge Peterson says that everyone, including his fellow judges, has been helpful and supportive.

Judge Peterson is most looking forward to the contact with people in his new job. He views his work as a "brief opportunity to do something constructive about individual people’s lives." His ultimate goal is "to have people leave [his court] with more respect for the law and the system than when they came in." During the selection process, Governor Ventura asked Peterson how the system could be more responsive to ordinary citizens. It is Judge Peterson’s intention to do his best to fulfill this request. As Judge Peterson stated during an unsuccessful run for judge in 1996, his judicial values include "respect for the law, recognition of the witnesses and victims as well as the parties, and impartial, intelligent decision making."

Judge Peterson lives with his wife, Elissa, and 7-year-old daughter, Emma, near Lake Harriet. The family spends its spare time outside, doing just about anything at the lake: walking, running or biking around it; swimming in it; or skating on it.

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