Hennepin County Bar Association Presents:
 
A View of the Hennepin County Bench

HCBA Homepage            Meet the Judges            How District Court Works           Judicial Elections 

Judge H. Peter Albrecht

Born:

1944

Education:

1971  JD  University of Minnesota Law School
1967  BA  University of Minnesota

Recent Career:

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

Elevated to Bench:

Appointed to Municipal Court in 1977.
Appointed by Governor Rudy Perpich to District Court in 1983.
Elected in 1986, 1992, 1998 and 2004.

Previous Assignments:

11/1976 to 5/1983

Criminal

6/1983 to 6/1988

Juvenile Court

7/1988 to 12/1999

Civil Block and Criminal

10/2000 to 12/2001

Civil Block and Property Court

1/2002 to 9/04

Civil Block and Criminal

9/2004 to present Presiding Judge of Probate/ Mental Health

Current Assignments:

Presiding Judge of Probate/ Mental Health

 

More information on this Judge is available from the District Court Website.

Read Profile from

Published in
July/August 1993

 

Civil Block
Criminal Block

  The Judge's Civil Courtroom Procedures and Advice

Back to Top


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.

Back to Top

  The Judge's Criminal Courtroom Procedures and Advice

Back to Top


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.
 
  Judicial Profile from The Hennepin Lawyer  (62:6:17)

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.

Back to Top

Back to Top