1. What are your expectations of attorneys (both defense and state) at arraignment?

Know your case and be prepared to present a reasonable offer to the opposing party.  This is dependent, however, on the complexity of the case—most misdemeanor cases can be resolved at the first appearance.

2. What do you see as the bench’s role in settlement at the pretrial stage?

The bench must keep the pressure on the parties to be realistic about the quality and viability of their case and make every attempt to resolve the case while simultaneously upholding the defendant’s rights, the State’s interests, and being economical about judicial resources.

3. If so, what limitations do you place on ex parte contacts with your staff?

Judge Sommerville prefers all written communication to be copied to him via email.  In turn, all communication between his staff and parties is cc’d.

4. When a matter is assigned to you for trial, do you attempt to facilitate settlement before beginning trial?

Yes.

5. When in trial, what hours do you normally use for the trial itself (including breaks and lunch recesses)?

9 – 12 (one fifteen-minute break)

1:30 – 4:30 (one fifteen-minute break)

6. What policies do you have concerning weapons, firearms and ammunition exhibits in the courtroom?

Firearms must be unloaded, separate from any ammunition, and tagged to prevent the trigger from being pulled.  Attorneys—when handling a firearm—must keep it pointed down and away from everyone else in the courtroom.  The clerk then keeps the weapon in his/her possession.  Weapons and ammunition must be placed in a protective bag and kept in the clerk’s custody.

7. What policies do you have concerning drugs and other sensitive exhibits in the courtroom?

Such exhibits must be kept in the clerk’s possession at all times after being received into evidence.

8. Do you have any other specific policies concerning exhibits?

Exhibits should be marked in advance when possible.  State’s exhibits 1-100, Defense exhibits 101-200.

9. When do you discuss proposed jury instructions with attorneys?

Near the close of the case unless an attorney needs to have a portion of the jury instruction hashed out in advance to develop his/her case presentation theory. 

10. What are you policies concerning jury sequestration?

Judge Sommerville does not sequester juries except in extreme and unusual situations.

11. Do you have any specific policies or practices concerning pre-sentence investigations or sentencing?

No.

John J. Sommerville
Originally published in the November/December 1983 issue.
Author: Charles Nixon
Portions of this profile were redacted on request of the Judge.

When John J. Sommerville was sworn in as a Hennepin County Municipal Court Judge last November, he brought to the bench approximately ten years of experience in the private practice, an outstanding academic record and the benefit of a judicial clerkship. Most importantly, John Sommerville brings with him a keen sense of the obligations and responsibilities of the office and firm determination to fulfill them in a calm and impartial manner. Although he views his appointment as a challenge, his personality and background well suit him to meet it.

Born in Bemidji, he graduated valedictorian of his class at St. Anthony Village High School, and obtained his B.A. degree summa cum laude at the University of Minnesota in 1968, as a member of Phi Beta Kappa. Judge Sommerville served in the U.S. Army Reserve from 1968 through 1974. Following active duty in 1969, he entered law school at the University of Minnesota and obtained his J.D. degree cum laude in 1972.

After law school, Judge Sommerville clerked for the Honorable Gerald W. Heaney, United States Circuit Judge. John attributes his interest in the judiciary to this two year clerkship and describes the time fondly and with sincere admiration for Judge Heaney’s judicial skills. The respect is apparently mutual. Judge Heaney, who robed the new judge at the ceremonies on November 23, says of him: "The appointment of John Sommerville as a municipal judge of Hennepin County is an excellent one. The people of this county will learn quickly that Judge Sommerville is a person of highest integrity with a keen intellect and a well developed sense of justice. Judge Sommerville will work hard and treat litigants and lawyers fairly and courteously. In short, Governor Perpich is to be congratulated for making an excellent appointment."

Judge Sommerville entered private practice with the law firm of O’Connor & Hannan in Minneapolis in 1974. His practice involved primarily complex civil litigation matters including energy, constitutional and administrative law and additional work in the area of workers’ compensation. Because of the complex nature of the litigation ordinarily involved, his actual trial experience during that time was limited. Joe A. Walters, a partner in O’Connor & Hannan, commented upon John’s appointment saying: "John Sommerville will well serve the people of Hennepin County. He brings to the bench good legal training, including clerking for the Court of Appeals for the Eighth Circuit, experience in private practice and professionalism. Time will prove the wisdom of his appointment to the bench."

John also has extensive and varied experience in the political processes of state and local government. In 1979, he took a leave from O’Connor & Hannan to manage the Fraser for Mayor Volunteer Committee and remained as co-chairman of Mayor Fraser’s campaign committee until his recent appointment. With his judicial appointment, however, John says with some regret that he is seeking a new, apolitical hobby.

Following the general election in 1979, he returned to private practice with the firm of Sommerville, Nixon, Whalen & Fowler, P.A. His practice continued to emphasize civil litigation and workers’ compensation, and also did misdemeanor defense work. He spent considerably more time in various trial courts and also was plaintiffs’ counsel in a civil rights class action alleging sex discrimination.

In addition to his professional practice and political activities, Judge Sommerville has been active in church and community affairs serving as Chairman of the Finance Committee at his parish church and as a member of the Minneapolis Civil Rights Commission.

Judge Sommerville enters office with some natural concerns about his knowledge of the mechanics of Municipal Court procedures and various aspects of trial practice. He also recognizes that he faces an inevitable learning process to become fully comfortable in his new role. For John Sommerville, however, these reservations only mark the respect he holds for judicial office and the legal process. Because he is well versed and experienced in the law, adjusted and secure in himself, his family and his community, and genuinely concerned about each person with whom he comes in contact, lawyers and their clients appearing before him will find him to be personable, temperate, fair and decisive.

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