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Judge Janet N. Poston
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| Born: |
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1949 |
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| Education: |
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1983 JD University of Minnesota
1971 BS University of Minnesota |
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| Recent Career: |
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1997 Judge, Fourth Judicial District
1990-1996 Part time Referee
(Civil Defaults from 1991-1996)
(Civil Defaults, Implied Consents, and
Default Marriage Dissolutions in 1990)
1983-1996 Law Clerk, Honorable Deborah Hedlund
1978-1980 Teacher, Bolivia South America
1971-1978 Elementary School Teacher |
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| Elevated to Bench: |
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Elected in 1996, 2002 and 2008. |
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| Previous Assignments: |
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1/1997 to 4/1998
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Criminal
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5/1998 to 12/1998
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Civil Block and Criminal
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1/1999 to 12/2001
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Family
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1/2002 to Present
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Civil Block and Criminal
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Current Assignments:
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Civil Block and Criminal |
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More information on this Judge is available from the District Court Website
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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?
Comply with Gen.R.Prac.Dist.Ct. Rules 115-119, especially noting Rule 115.10. Telephone conferences are preferred for discovery disputes. Telephone conferences also preferred for other motions, as counsel request and agree. Obtain dates from my staff.
2. What are your preferred procedures regarding hearings?
Assume I have read the pleadings. Highlight as necessary, and respond to opponent's arguments.
3. What do you expect the attorneys to have ready at the pretrial conference?
Their bottom line demands/offers, list of witnesses, knowledge of any unresolved potential problems before case is ready for trial. Their calendars. That they will have apprised their clients that I will explore the strengths/weaknesses of their case with them.
4. At what point to you expect the parties to undertake ADR, if at all?
Within the dates in the Scheduling Order, or earlier, if they prefer. The Scheduling Order sets ADR dates after the close of discovery. If counsel wish to use mediation, they should choose a mediator and inform the Court in their Informational Statements, or inform the Court that they want the Court to choose a mediator/mediation firm. If mediation is requested but no names are provided to the Court, the matter will be sent to Hennepin County Arbitration initially.
5. At what point, if any, do you encourage the parties to settle or to exchange settlement offers/demands? Does that vary by type of case (personal injury, family, criminal, etc.?)
At every point. However, parties are entitled to try their case, if they are unable to settle. In a personal injury case, if ADR has been unsuccessful, I try to help the litigants understand the realities of the jury process and the fact that the jurors will determine their case, instead of the litigants.
6. Do you require that a person with ultimate authority to settle be present at settlement negotiations?
Yes.
7. How do you expect the parties to handle discovery disputes (including calling you for a ruling during a deposition)?
I expect the parties to set motions or request a telephone conference for discovery disputes. If no motion is brought and no telephone conference requested, then it is too late to complain about lack of discovery on the morning of trial. I will rule during a deposition if I am available, but it is not my preference.
8. 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.
Yes. Attorneys should set up the phone conference with my staff. Attorneys can initiate the call, or my office will initiate. However, I only have an ability to conference with two outside telephone lines. If there will be more than two parties and me, then the party requesting the conference should set up and initiate the call. The court reporter is available to transcribe if requested.
9. Do you have any preferences for courtroom decorum (including but not limited to cell phones, pagers, passing notes, communicating with others at counsel table, water/beverages at counsel table, approaching the witness, courtroom attire)?
Cell phones and pagers may be on silent or vibrate. Distracting communication at counsel table is not allowed. My staff will generally fill water pitchers for counsel table. To make a clear record of where everyone is in the courtroom, counsel should request permission each time they wish to approach. Also for a clear record, counsel should answer the Court's questions as to whether there is any cross-examination, re-direct, re-cross. Courtroom attire as in the Rules of Decorum.
10. When, if ever, would you consider issuing sanctions, formal reprimands, holding an attorney in contempt, or reporting an attorney for unethical behavior?
As required by the Rules.
11. 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?
When I am the signing judge.
For a TRO with the caveat that Rule 65.01 of the Rules of Civil Procedure must be followed to obtain a TRO.
Under Rule 115.11 of the Gen.R.Prac.Dist.Ct.
Do not copy me on correspondence between counsel.
Ex parte communication is otherwise disfavored. Written ex parte communication is reviewed by my law clerks and generally returned to counsel with a letter stating that ex parte communication with the court is inappropriate. In RARE circumstances, the matter is of such an emergency nature as to require immediate attention, and counsel are encouraged to request a telephone conference.
Counsel often communicate with my clerks without my knowledge, unless the clerks bring inappropriate behavior to my attention. Requests for procedural advice are encouraged.
12. What is your practice with granting continuances and under what circumstances would you consider granting one?
Continuances are granted on a case by case basis. Unavoidable emergencies are a given. As a general rule, matters are tried in the time set forth in the Scheduling Order. Requests to do otherwise are likely to result in financial sanctions.
13. 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?
Absolutely.
14. What do you consider to be the basic requirements of good oral argument (including the amount of time appropriate for oral argument)?
Assume I have read the papers. Highlight your argument. Respond to your opponent's argument. If there are cross motions, you may argue all at once, or in order of motion filing, by responding to your opponent. Moving party has opportunity to rebut. Submit a proposed order with your moving papers. Motions are scheduled for 1/2 hour - do not feel compelled to use all the time.
15. What preferences do you have for jury trials? How do you prefer voir dire to be conducted?
Counsel be prepared to argue their case in a timely fashion. Follow the Trial Order, which is issued after pretrial. See # 9, supra. I generally conduct voir dire, and will ask questions that counsel suggest. Counsel may ask follow-up and additional questions. Defendant goes first in voir dire, after the Court. Strike list is exchanged.
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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?
That they have read the information provided to them, --police reports, complaint, pre-trial evaluation. That they argue bail, and bring calendars to set pre-trial date.
2. What do you see as the bench’s role in settlement at the pretrial stage?
To facilitate appropriate discussion about strengths and weaknesses of the case, and possible outcome.
3. If so, what limitations do you place on ex parte contacts with your staff?
Email communication with my staff, copies to opponent, is common practice and appreciated. If contact is by telephone, contact opponent first, or explain to my staff why you haven't been able to contact opponent, when you call.
4. When a matter is assigned to you for trial, do you attempt to facilitate settlement before beginning trial?
Yes, but I assume attempts were made at pretrial. I am not interested in delaying trial if trial is the only resolution.
5. When in trial, what hours do you normally use for the trial itself (including breaks and lunch recesses)?
Start 9:30 a.m., lunch at noon. A 20-minute break for the court reporter in between. Resume at 1:30 p.m., stop at 4:30 p.m., with a 20 minute break at 3:00 p.m.
6. What policies do you have concerning weapons, firearms and ammunition exhibits in the courtroom?
They must be secured, and firearms and ammunition are not kept in the same place in the courtroom.
7. What policies do you have concerning drugs and other sensitive exhibits in the courtroom?
The clerk tracks and holds all exhibits after receipt. Such exhibits are typically sealed when presented.
8. Do you have any other specific policies concerning exhibits?
The clerk tracks all received Exhibits at each break -- counsel should not leave courtroom until they know the clerk has all the Exhibits.
9. When do you discuss proposed jury instructions with attorneys?
During breaks in the trial.
10. What are your policies concerning jury sequestration?
Discuss each case with counsel.
11. Do you have any specific policies or practices concerning pre-sentence investigations or sentencing?
I read PSIs. I assume attorney have negotiated in good faith. I'll discuss discrepancies between the PSI and the negotiation with counsel.
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| Judicial Profile from The Hennepin Lawyer (66:9:10) |
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Janet N. Poston
Originally published in the May 1997 issue.
Author: Jyotsna Gorti
On Jan. 6, 1997, Janet Nordell Poston was sworn in as a district court judge in Hennepin County. It was a very special occasion for me, as Judge Poston has been a dear friend for 10 years, and I rejoiced in her realizing her goal of becoming a judge. I met Judge Poston when I became Judge Deborah Hedlund’s second law clerk, in 1986. Throughout the next 10 years, we worked as lawyers in the Hennepin County Government Center, she as Judge Hedlund’s law clerk and referee and I in different jobs (the last five years as a Hennepin County attorney). Judge Poston brings a diverse educational and employment background to the bench, which will help her as a jurist.
Upon first meeting Judge Poston, everyone recognizes immediately that she is warm, sincere, friendly, and nice. Upon knowing her, you understand that those are the inherent traits of the Nordell clan and that her parents, especially her father, influenced her a great deal. Judge Poston was raised in south Minneapolis, by parents who had come of age during the Depression and World War II, and who then raised children during the 1950s. The oldest of three children, Janet was surrounded by a large extended family of aunts, uncles and cousins. The Depression influenced her parents to be prudent and cautious and to plan for the future. The optimism and "can-do" spirit of World War II overlaid their cautiousness, and the extraordinary growth and success of the country in the 1950s confirmed their opinion that if you work hard and have faith and trust in the future, you will surely succeed. Judge Poston is a living example of these principles in motion.
Interested in working with children and helping them, Judge Poston obtained her degree in education in 1971 and began teaching elementary education in St. Cloud. She enjoyed teaching children. An important lesson she learned, as it applies to the law, is that the most effective way to control negative behavior is to make students "immediately responsible for the logical consequences of their actions." She believes this to be a universal lesson.
During this time, consistent with her commitment to helping others, Judge Poston worked in the summers as a camp counselor and director. She loved the outdoors and enjoyed teaching young kids outdoor activities. For two summers, she also worked as a mortgage loan appraiser.
In 1978, she took a leave of absence to teach for an international nonprofit linguistic organization in Bolivia. Judge Poston describes this two-year experience as her "glorious adventure." She lived in the jungles of Bolivia, with few modern amenities, in a small tightly knit community of linguists. Here she taught all grades to the linguists’ children. She came to admire their dedication to learning the tribal Bolivian languages and their ability to enjoy life with very few material possessions. This experience taught Judge Poston that if "one is lucky enough to find work that one thoroughly enjoys and values," then that will itself lead to a rich and fulfilling life.
In 1980, Judge Poston decided to pursue her long-standing interest in a legal career and enrolled in law school at the University of Minnesota. She began clerking for Judge Hedlund in October 1983, with the idea of continuing her legal education by actively doing research and learning about the courtroom. Judge Poston relished the drama of the courtroom, the intellectual challenge of learning and deciphering he law, and, most of all, the exciting prospect of listening to all the facts and rendering a decision.
In retrospect, Judge Poston sees her 13 years as a clerk to Judge Hedlund as a time of "on-the-job-training." She stayed, as she often told me during those years, because she firmly believed that hers was the most exciting and interesting job there was in the field of law. Now she would say, I’m sure, that it was the second-most interesting job in law and that being a judge is better. During her tenure with Judge Hedlund, Judge Poston worked on many diverse matters; she worked on both civil and criminal matters and observed many trials; she researched and wrote memoranda on complex civil matters before Judge Hedlund; and sat in on harrowing criminal trials and became an expert in the day-to-day administrative work of the courtroom. Although she maintained long hours at work, she continued her commitment to volunteer her time and was a mentor in math and reading at the Hospitality House Boys and Girls Club, Inc.
In 1990, Judge Poston began working part-time as a referee, hearing implied consents and default divorce dissolutions. While doing this work, she realized she loved actually being presented with the facts and making the decision. While refereeing, she learned how to conduct herself in the courtroom, to make evidentiary rulings, and to render opinions that were solely based on her judgment. She later refereed civil defaults. Realizing that she was capable of being a judge, she decided to pursue that goal in 1996 when a seat became vacant. Her husband fully supported her resolve and she feels that his support made it possible for her to go ahead and realize her goals.
Judge Poston came to believe that for a trial court the pursuit of justice almost always means following the law and that it is best to take the time to listen, obtain all the facts, apprise oneself of the law, be firm, render an opinion following the law, and get it right the first time, because a careless opinion can have dire consequences. She has learned by observing many settlement negotiations, when to push toward a settlement, and when to let someone have their day in court; that there are no big or small cases, they all are very important. She has observed that, for most people, appearing before a judge will be a onetime experience, and she knows the importance of making it a meaningful experience by doing her job well.
What will Judge Poston be like as a judge? Above all, she will be prepared. She will have read the papers before her very carefully. In all the years that I have known her as a referee, she was never once unprepared for a calendar. Judge Poston’s only goal on the bench will be to learn all there is to learn about the case before her. She will be meticulous and thorough. She will concentrate only on the case and not look critically at the lawyers or their performance. She will be gracious and open on the bench and will encourage dialogue between lawyers and herself. Her advice to the lawyers appearing before her would be, "Think only about your case, and don’t worry about anything else."
Judge Poston has worked long and hard to achieve her goal of becoming a judge and she feels that she is ready to do the work that she was elected to do.
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