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Robert
A. Blaeser
Originally published in
the November/December 1995 issue.
Author: Nancy McLean
On
Aug. 21, 1995, Hennepin County and the state of Minnesota
welcomed Robert Blaeser as its newest judge. He was appointed by
Gov. Arne Carlson and took the oath of office from former
Minnesota Supreme Court justice Rosalie Wahl. The swearing-in
took place in the Hennepin County Board Room. The
standing-room-only crowd of friends and supporters cheered the
addition of Blaeser, an American Indian, to the judiciary.
Judge
Robert Blaeser, 41, grew up on the White Earth Reservation in
northern Minnesota. He is a member of the White Earth Band of
the Minnesota Chippewa Tribe. Judge Blaeser’s parents and
several extended family members still live on the reservation
near Mahnomen, Minn. Both his parents came from large families.
He grew up knowing many aunts, uncles, and cousins. Many have
moved to other areas of the country and some, to other
reservations. He feels the importance of his family and
maintains the extended relationships today.
Judge
Blaeser was a straight-A student and a football star at Mahnomen
High School. After he graduated, he left the reservation for
Concordia College in Moorhead, Minn. He was the first member of
his family to go to college. He chose Concordia because it was
close to home and had an enrollment of only 2,000 students.
Judge Blaeser’s college experiences were educational in an
academic sense and an eye-opener in a personal sense. Off the
reservation, he experienced jokes, bitter remarks, and generally
negative attitudes toward American Indians. He seemed to have
one foot in each world—Indian and white. This conflict became
clear as he traveled the 70 miles from Moorhead to White Earth
to visit family and friends.
Judge
Blaeser was an excellent student, graduating summa cum laude.
He had always assumed that he would return to the
reservation after college to teach or work in the field of
wildlife management. Sometime during his college years, however,
he decided to go to law school. He’s not exactly sure when he
made the decision but, gradually, the idea of law school became
part of his career plan. Unlike many aspiring law students,
Judge Blaeser didn’t know any lawyers. There were no role
models; he couldn’t recall anyone from the reservation going
to law school.
Since
his appointment, Judge Blaeser has reflected on his personal
history and changes that have occurred on the reservation where
he was raised. One very positive note is the increased emphasis
on the importance of education. When he was growing up, it was
common for kids to drop out before completing high school.
Graduation was simply not a priority. That has changed: the
tribe encourages secondary and post-secondary education and even
offers financial support to students. Most of the students who
leave the reservation for college return. They feel most
comfortable with other Indian people and with returning home.
In the
fall of 1976, Judge Blaeser enrolled in the University of
Minnesota Law School. During his law school years he was
involved in many student activities. He was the student director
of Legal Assistance to Minnesota Prisoners (LAMP). After his
first year of law school, he worked as a law clerk for the field
solicitor’s office, revising boundaries for Minnesota Indian
reservations. In 1979, he graduated with honors and decided to
start his career in the Twin Cities.
Judge
Blaeser joined the Edina law firm of Thomsen, Nybeck, Herbst
& Johnson. His practice focused in the areas of commercial
litigation, personal injury, and workers’ compensation. In
1980, he left to form his own firm in Minneapolis. For the last
15 years he has managed a successful law practice, dealing
primarily in the areas of commercial litigation, product
liability, personal injury, and workers’ compensation. The
majority of his work is done in the Twin Cities; however, he
handles a significant number of cases in northwestern Minnesota.
One of
his personal accomplishments involved a product-liability case
in which he represented the wife and child of a man who had died
while installing boat carpet. Judge Blaeser argued that the
deceased, an employee of a marine dealership, died from inhaling
toxic fumes from a contact cement product he was using. He
negotiated a favorable settlement in this case of first
impression. He has handled several other complex litigation
matters in the metro area and in greater Minnesota.
Judge
Blaeser’s experience in complex litigation helps him define
the qualities he appreciates in judges. He believes by involving
lawyers, the parties, and the people with settlement authority
early in the court process, quick settlement can follow. He
appreciates the style and abilities of Magistrate Judge Ann
Montgomery. She has an ability to bring people together early
and encourage settlement. By preparing herself and asking others
to be prepared, she was a good role model for a judge who could
settle cases.
Judge
Blaeser has been involved in many community, legal, and bar
association activities. Some commitments have been specific to
the Indian communities, others to the organized bar, and still
others to the community in which he lived and practiced law.
They all demonstrate the diversity that Judge Blaeser brings to
the bench.
Judge
Blaeser was a founding member of the American Indian Bar
Association. During his career, he has served as its first
secretary/treasurer and sat until September on its board of
directors. The organization cheered his appointment as the only
American Indian judge in the state of Minnesota. In addition to
the American Indian Bar Association, he has been active in the
broader Minnesota Minority Lawyers Association. When he was the
owner and manager of a small business (his law firm), Judge
Blaeser was active in the American Indian Chamber of Commerce.
In
1994, Judge Blaeser began to serve as an associate judge for the
Minnesota Chippewa Tribal Court of Appeals. This volunteer
position allowed him to contribute to the tribe using his unique
legal skills. He resigned from the Tribal Court of Appeals when
he was appointed to the Hennepin County bench. He is alone in
the state of Minnesota in bringing this type of prior judicial
experience to the state trial courts. In a metropolitan area
with a significant American Indian population, this bridge makes
Judge Blaeser unique among his judicial peers.
Judge
Blaeser was recruited for the Minnesota Supreme Court Racial
Bias Task Force. He was one of two American Indians and the only
Indian lawyer. He served with distinction and now serves on the
Implementation Committee. His work with the task force and his
work with the tribal courts brought him to Governor Carlson’s
attention and his ultimate appointment to the bench.
In
addition to being a leader in the American Indian Bar
Association, Judge Blaeser serves on the Minnesota State Bar
Association Board of Governors. For the last few years, he has
chaired the Hennepin County Bar Association Nominating
Committee. He works to diversify boards, committees, and other
decision-making bodies within the organized bar by recruiting,
nominating, interviewing, and selecting members with different
backgrounds and perspectives. Through the contributions of Judge
Blaeser and others, the organized bar is beginning to diversify.
By the
time this article is published, Judge Blaeser will have been on
the bench for three months. He is optimistic about his work and
enthusiastic for the change that it brings. He has been a civil
litigator for the last 15 years. His first year or two on the
Hennepin bench will be spent handling criminal cases. Initially,
he will preside over misdemeanor and gross misdemeanor cases and
then move to a combination of felonies, gross misdemeanors, and
misdemeanors. When he first began to practice law, Judge Blaeser
handled some criminal cases but, he said, "That was at
least 10 years ago." He is spending his time brushing up on
criminal law and procedure, finding it both exhilarating and
challenging.
On his
first day presiding over court trials in Division IV
(Southdale), Judge Blaeser had to deal with a member of the
Posse Comitatus who refused to come inside the rail in the
courtroom. The man refused to acknowledge the court’s
jurisdiction and moved to dismiss his speeding charge citing,
among other grounds, the flag and taxes. After the man’s
motion was denied, Judge Blaeser was able to convince him to sit
at the counsel table. The man was found guilty and Judge Blaeser
assessed a fine. He asked the judge how he should pay the fine
because the federal reserve notes were not legal tender. Judge
Blaeser told him he could pay the fine in gold coins. This
example of common sense and good humor is reflective of Judge
Blaeser’s start on the bench.
Judge
Blaeser has formed some initial impressions of his job and his
work. He has been surprised by the number of criminal defendants
who appear without counsel. He has assumed the responsibility of
ensuring that they know and understand their rights. In addition
to the number of pro se defendants, he has also been somewhat
surprised by the role that alcohol and drugs play in the cases
he has heard—not only in the more common driving offenses, but
also in many of the domestic cases he has handled. He has found
the probation staff to be most helpful in analysis and
recommendation for offenders.
One of
the most difficult types of misdemeanor offenses to deal with is
the domestic assault. Judge Blaeser has learned early the
quandary of detention for domestic abusers. The victim often
wants the offender released for financial reasons but is still
concerned for her personal safety. "Each case must be
decided on its own merits; there are no easy answers,"
Blaeser has concluded.
Judging
others is a new experience for lawyers. Even though Judge
Blaeser had experience in the tribal court, there are
differences. One large difference is in the volume of
misdemeanors and gross misdemeanors in Hennepin County. Another
difference is in joining a system of experts. Judge Blaeser has
found that others in the system have been welcoming and
extremely helpful to him. He has found it helpful to solicit
advice from many within the system. He met with prosecutors,
defense attorneys, and court system personnel to learn more
about their work and how they fit into the criminal justice
system. He knows he has to "learn the ropes" and
assumes this will be an ongoing process that he will enjoy.
Judge
Blaeser brings years of litigation experience, a commitment to
the law and his communities, a security about who he is, and an
excitement about a new career. These attributes will serve him
well on the Hennepin County District Court bench.
Judge
Blaeser, his wife, Kay, and their two boys, Jason and Joshua,
live in Eden Prairie. Judge Blaeser coaches his sons’ baseball
teams. He and his family spend time relaxing at their Leech Lake
cabin where they share their interest in hunting, fishing, and
the great Minnesota outdoors.
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