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Judge
H. Peter Albrecht |
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Born: |
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1944 |
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Education: |
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1971
JD University of Minnesota Law School
1967 BA University of Minnesota |
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Recent
Career: |
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1984
Judge, Hennepin County District Court
1977 Judge, Hennepin County Municipal Court
1972 Attorney, Private practice with Steve Simon
1971 Assistant State Public Defender, Minnesota |
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Elevated
to Bench: |
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Appointed
to Municipal Court in 1977.
Appointed by Governor Rudy Perpich to District Court in
1983.
Elected in 1986, 1992, 1998 and 2004. |
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Previous
Assignments: |
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11/1976 to 5/1983 |
Criminal |
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6/1983 to 6/1988 |
Juvenile Court |
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7/1988 to 12/1999 |
Civil Block and Criminal |
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10/2000 to 12/2001 |
Civil Block and Property Court |
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1/2002 to 9/04 |
Civil Block and Criminal |
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9/2004 to present |
Presiding Judge of Probate/ Mental Health |
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Current
Assignments:
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Presiding Judge of Probate/ Mental Health |
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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?
Motions heard all days of
the week, at 8:30 and 1:30. Will conduct by telephone conference
whenever agreed upon by parties and where one of attorneys is
from outside metro area. Be sure to send "courtesy
copy" directly to chambers. Originals filed with district
court often do not make it into the court file by the time of
hearing. One courtesy copy is sufficient.
2. What are your preferred
procedures regarding hearings?
Typically held informally
in chambers, unless client(s) present, in which case held more
formally in the courtroom. Usually not reported.
3. What do you expect the
attorneys to have ready at the pretrial conference?
Expect attorneys to have
discussed process with their clients, and have prepared clients
to be flexible.
4. At what point to you expect
the parties to undertake ADR, if at all?
ADR required on almost
all cases. The earlier the better, unless significant discovery
needed in order to facilitate settlement.
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.?)
See above. Where
discovery does not need to precede settlement discussions,
prefer to attempt early settlement intervention. Varies more by
value of discovery than by case type
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'm not as grumpy as some
of my colleagues (I'm not naming any names, but you know whom
we're talking about here) when it comes to bringing discovery
motions, but you know how much we hate them, so please do your
best to resolve as much as possible before bringing a motion,
and between the bringing of the motion and the hearing itself,
for that matter. I'm also open to informal phone conference in
order to settle discovery disputes, and to being called during
deposition.
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.
Pretty much covered
above. Party wanting conference should schedule the time and
initiate the call. Testimony by telephone is a rare but not
inconceivable occurrence, and will be handled on a case by case
basis
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)?
Standard 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?
In twenty five years I've
never felt I had to hold an attorney in contempt, give a formal
reprimand (whatever that is), or report an attorney for
unethical behavior. Whether that speaks to the integrity of the
bar, my own reluctance or a combination of the two I do not
know. I have and will issue sanctions, in order to compensate an
aggrieved party.
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?
Ex Parte communications
allowed to schedule or cancel a hearing, confirm a hearing, to
find out status of trial setting, and similar matters relating
to housekeeping issues and not the merits.
12. What is your practice
with granting continuances and under what circumstances would
you consider granting one?
Where both parties agree
and case is not terribly old. Truly unexpected emergencies.
Previously scheduled family vacations and nearly any event
involving your children will be accommodated if at all possible.
Life trumps the practice of law.
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?
Yes, and I'll usually
tell you so. Sometimes I'll let you know which issues I'm
particularly interested in, or have had some difficulty
following.
14. What do you consider to
be the basic requirements of good oral argument (including the
amount of time appropriate for oral argument)?
14. What do you consider to
be the basic requirements of good oral argument (including the
amount of time appropriate for oral argument)?
Assuming we're talking
motion practice, I'm usually allowing only one half hour for the
entire (all sides) argument. If your motion will need more time
than that, let my clerk know and we'll try to find a day or hour
of the day with more time available.
15. What preferences do you have
for jury trials? How do you prefer voir dire to be conducted?
It's helpful to all if
you can pre-mark your exhibits. Would like exhibit lists,
witness lists and proposed jury instructions by first day of
trial. I don't have any strong feelings about how things have to
be done. An informal discussion the day of trial should suffice
to have us all operating under the same rules and
understandings.
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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?
Be prepared to move as quickly as possible. Please do not
interrupt the clerk by asking him or her to look up other cases
etc. that will stop the calendar.
2. What
do you see as the bench’s role in settlement at the pretrial
stage?
The judge should be
actively involved.
3. If so, what
limitations do you place on ex parte contacts with your staff?
OK to schedule hearings,
notify if running late etc.
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)?
9:00 a.m. to noon, with one break
approximately midway. 2:00 until 4:30 p.m., with one break
midway. Plenty of exceptions to this general rule: will run
later in a.m. or p.m. in order to accommodate witness, but only
after conferring with counsel and the jurors. Will accommodate
professional and personal (day care, kids sports etc) conflicts.
6.
What policies do you have concerning weapons, firearms and
ammunition exhibits in the courtroom?
Well, I’ve certainly
learned from Professor Simon how dangerous this can be, so I’m
quite careful to have trigger locks, and keep ammo quite
separate from weapons. Similar precautions with knives and
similar weapons.
7. What
policies do you have concerning drugs and other sensitive
exhibits in the courtroom?
First of
all, I try to screen my staff thoroughly in the initial hiring
process, followed with random UAs. In the trial itself I keep
them at the bench, and locked up overnight.
8. Do
you have any other specific policies concerning exhibits?
No.
9.
When do you discuss proposed jury instructions with attorneys?
Usually a
couple of days before the close of trial.
10.
What are your policies concerning jury sequestration?
Will
sequester only in rare circumstances.
11. Do
you have any specific policies or practices concerning
pre-sentence investigations or sentencing?
No.
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Judicial Profile from The Hennepin Lawyer (62:6:17) |
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H.
Peter Albrecht
Originally published in
the July/August 1993 issue.
Author: William Keppel
The joy of Peter
Albrecht is that everything about him has a humorous, offbeat
spin to it. For example, in spite of all the horrendous criminal
trials and controversial civil cases he has presided over in his
17 years of judging, the most mail he ever received was due to a
brief note in C.J.’s column in the Minneapolis Star Tribune
regarding one of his daughters hiding under his bench during
voir dire. He confesses that this has happened a "few"
times before and since while taking jury verdicts in the evening
when his wife Nancy, a therapist, has been at work. After
situating his two daughters, Ana (7) and Libby (5), under the
bench with coloring books and crayons, he would ask the bailiff
to bring in the jury, receive the verdict, and discharge the
jury, without any of them being the wiser. So next time you see
Judge Albrecht leaning down and talking to his shoes, you’ll
know what’s happening.
Peter Albrecht
is one of the few judges in Minnesota to have been first
elected, then appointed. He was elected to the municipal bench
when a group of "young turks" (including myself)
decided that someone should challenge a particular judge. They
asked Wood Foster to run, and he declined. They asked Peter to
run, he quickly accepted, and Wood managed his campaign. He was
endorsed by the Minneapolis Police Federation, Americans for
Democratic Action, and the Minneapolis Tribune. (See what I mean
about an offbeat spin?) He won. His appointment came later when
Governor Perpich appointed him to the district bench in 1983,
and he’s been reelected since.
Peter’s
judicial career is roughly divided into thirds. One-third was
spent on the municipal bench, one-third as juvenile court judge,
and one-third mostly hearing civil and criminal cases on the
district court bench. In spite of his strong commitment to
making the juvenile justice system work, he voices frustration
and regret that while on the juvenile bench he really didn’t
see a lot of tough young offenders’ lives turn around. He is
quick to add that he "enjoys what he’s doing now the
most." "It’s one of two jobs—the other being a
teacher—where you can make people stop chewing gum. Actually,
you don’t even need to tell them yourself, you can ask an
armed deputy sheriff to tell them."
Having received
the second highest ratings by lawyers in the most recent HCBA
Judicial Evaluation, Peter Albrecht is obviously well-respected
as a judge. He is most proud, however, of his daughters, Ana and
Libby, who have taken over a part of his life that music used to
occupy. The girls keep him so busy, he laments, that he can
hardly keep his eyes open until they go to bed. An accomplished
guitarist and banjo player, Peter has favored folk music (e.g.,
Peter Seeger and the Weavers) for longer than the 20 years I’ve
known him. Nowadays, the only chance he has to perform is at the
annual Hennepin County Bar Benefit with a group consisting of
Mary DuShane on fiddle, Jack Taylor on dobro guitar, and Doug
Franzen on bass. (One can only note the coincidence that since
Peter began serving on the benefit’s entertainment committee,
he’s been invited back every year.) He will be starting Suzuki
violin with Libby next fall and can then add the fiddle to a
long list of stringed instruments he has mastered (and
collects). The effect of the 1960s on Peter also carries over in
his choice of transportation: he finally replaced his VW Beetle
with what is now an aging Volvo wagon which, he says, "came
along with the kids."
For many years
while Judges Albrecht and Jonathan Lebedoff (now U.S. magistrate
judge) walked to work together, residents of Lowry Hill could
almost set their watches by them—well, at least by Judge
Lebedoff standing on the corner waiting for Albrecht. Peter
muses, "If it had been Lebedoff and Fitzgerald, they could
have set their watches."
Peter Albrecht
is a gentle judge whose great strength is his ability to put
people at ease in what are often stressful, tense adversarial,
even angry situations—and that goes for litigants and lawyers
alike His good humor and his easy-going, considerate ways
invariably calm the storm. Peter explained his approach as
trying to treat defendants as he would wish to be treated in a
doctor’s office. "Tell them what’s happening each step
along the way; tell them if it’s going to hurt."
A lot less
people are hurting because they came in contact with Judge Peter
Albrecht.
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