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Tanya
M. Bransford
Originally published in
the January/February 1995 issue.
Author: Thomas Gallagher
Appointed
to the Hennepin County bench by Gov. Arne Carlson on July 1,
1994, the Hon. Tanya M. Bransford has a history of being a
bright, hardworking trial lawyer and judge, powerfully committed
to justice. She also brings to the bench her life experience as
an African American and as a woman. Bransford has involved
herself in solving problems in the areas of criminal law and
juvenile law, as well as in finding improvements in court
fairness for all regardless of disability, gender, or race.
When asked what
she sees as her most important goal as a new district court
judge, Bransford thoughtfully answered, "It’s important
to make sure, as much as humanly possible, that each person
coming to court feels that they had a fair opportunity to be
heard." This goal is defined both by Bransford’s
experience as an African-American woman and by her conscious
effort to improve the justice system’s fairness to racial
minorities, women, and those with disabilities. Judge Bransford
pointed to the finding of the Minnesota Supreme Court’s Racial
Bias Task Force that "a perception exists among people of
color that the justice system is not fair to them." She
continued, "I look forward to any part I can play in
improving this, by being there, and by finding solutions."
Advocate of
Justice for All
On a judge’s
role, Judge Bransford reflected, "A judge can’t be an
advocate for a party, but can be an advocate for the
system." An advocate for the system means
"improving it—making it better by helping it achieve the
goals it has set out to accomplish." She offered an
example:
We can make
sure we have certified translators available in the courts for
those who don’t speak English. Yesterday while presiding
over the in-custody arraignment calendar, I met a defendant
who spoke only Polish. I had skimmed the file early, before
court. So I was able to call and find an interpreter. But
there were problems with the interpreter. I had to prompt him
on when to interpret, on what "bail" meant, what
"order for protection" meant, what "beyond a
reasonable doubt" meant. The interpreter seemed to speak
Polish well, but lacked training in the legal system.
Bransford sees
much work ahead to achieve perceived fairness among members of
historically disenfranchised groups. She also relates that
progress is being made in this area.
Judge Bransford
praised the mandatory cultural diversity training in Minnesota
for court personnel, including judges, clerks, administrators,
court reporters, and assistant county attorneys and public
defenders. In one training exercise, participants are asked to
write about the ways they are individually unique, and their
diversity within the group—not only in terms of race and sex
but also in terms of training, background, physical limitations,
and religion. Another exercise brings common stereotypes out
into the light of day for discussion.
What’s the
point? We should appreciate and embrace our differences, not
fear or shun them. And we should do what we can on our own to
learn about other cultures.
Judge Bransford
serves as co-chair of the Diversity Committee of the Hennepin
County Bar Association and as a member of the Minnesota Supreme
Court Committee on Multicultural Diversity and Racial Fairness
in the Courts, chaired by Justice Alan Page. Bransford is a past
president of the Minnesota Minority Lawyers Association and past
secretary of Minnesota Women Lawyers. Currently, she serves on
the Adolescent Advisory Committee of the Institute on Black
Chemical Abuse as well as on the board of the Minneapolis YWCA.
Beginnings
Born in St.
Paul, Judge Bransford grew up in Maplewood, a suburb northeast
of St. Paul, and attended North St. Paul High School. She then
attended Gustavus Adolphus College, graduating cum laude
in 1980 with a double major in political science and criminal
justice. While an undergraduate, she studied a semester at
American University in Washington, D.C., and worked as an intern
for Congressman John Conyers of Detroit.
Legal Career
Judge Bransford’s
legal career has progressed in stair-step fashion to her
judicial position. While in law school Bransford clerked at the
Hennepin County Public Defender’s Office and for the
three-lawyer firm of Spicer, Watson & Carp, in Minneapolis.
Following her 1983 graduation and admission to the bar, she
continued with Spicer, Watson & Carp, immediately handling
court trials and client interviews, while soon after taking
responsibility for settlement negotiations, appellate briefs,
and oral arguments. Bransford’s work then centered on personal
injury, workers’ compensation, criminal and family law, and
general litigation. "It was a good experience for me. They
gave me a great deal of responsibility quickly," she said.
In June 1987,
Bransford became the first African-American female to serve as a
workers’ compensation judge in Minnesota, with its Office of
Administrative Hearings. She presided over hearings and pretrial
and settlement conferences in contested workers’ compensation
cases, and issued orders and written decisions resolving
disputes of liability, causation, rehabilitation, and medical
issues.
Judge Bransford
began her work in Hennepin County District Court, as a referee
in the Juvenile Division, in January 1990. While a referee, from
1992 through 1994, she also served as truancy coordinator for
the court’s Juvenile Division, managing over 400 truants per
year and working to solve truancy problems with schools and
social workers as well as through an experimental program to
reduce truancy. She left the court’s Juvenile Division on
taking office as district court judge on July 1, 1994.
Judge Bransford
reflected on the differences in her professional roles as
district court judge, district court referee, workers’
compensation judge, and trial lawyer in a four-lawyer firm.
"Being a district court judge, as compared to being a
juvenile court referee, offers more variety, a larger menu of
choices in handling individual cases as well as a wider variety
of cases," Bransford reported. She added, "I look
forward to working hard, to the variety of cases, and to the
challenge of doing the best I can as judge."
She said that
her work as a juvenile court referee was similar to her new
assignment, except for a few areas. "Bail," she said,
"is different." In juvenile court "we rarely set
bail. Usually children were released to their parents or home
detention. But we don’t have to worry about where the person
is going to live in adult court, like we do in juvenile
court." Judge Bransford pointed out that "in juvenile
court we are guided by what is in the child’s best interests.
Homelessness is never in the child’s best interests, which may
mean a foster home." In contrast, Bransford said that in
adult criminal court, the court just doesn’t have the
resources to solve problems like homelessness. "You see
these problems, but sometimes you have to accept that there is
nothing the criminal court can do about them," she said.
Judge Bransford
said, "I really enjoy being on the bench." Comparing
her role to her previous one as a trial lawyer, she said,
"As an advocate, you need to strongly persuade the trier of
fact that your side is right—even if you don’t believe in
your position in your heart. But as judge—it agrees with my
personality to act as arbiter—to find solutions." From
1987 through the time of this writing, as workers’
compensation judge, district court referee, and district court
judge, Bransford has acted as sole trier of fact. Concerning her
current assignment to the criminal calendar, Bransford said,
"I’m looking forward to presiding over jury trials. That
will be new for me."
Life Outside the
Law
In her personal
life, Judge Bransford enjoys bicycling and walking around the
lakes and parks. Bransford and her husband of three years,
Jeffrey Lewis, have two children from his previous marriage, now
at college, Dwan and Jamarr. Like most of us, Bransford loves to
travel to warm places in the winter. She belongs to a reading
club of women, who meet once a month to discuss a commonly read
book. Bransford loves singing in her church choir, the Rance
Majestic Choir, of Pilgrim Baptist Church in St. Paul. The choir
has performed at the Lowertown Arts Festival, in the Guthrie
Theater’s Gospel at Colonus, and at other community
events.
"Leave No
Child Behind"
Although it
might surprise some, Judge Bransford looks forward to her
eventual return to the district court’s Juvenile Division,
this time as judge instead of referee. "I will ask for
Juvenile Division as an assignment," she said. "We
need to focus more on juvenile court and on children, to prevent
the problems that lead to children later graduating to adult
criminal court." Bransford continued:
We need to
spend more money on the lesser offenses, like truancy, instead
of the most serious crimes. The court should continue to work
more closely with the schools and the community. There is a
high correlation between truancy, high school dropouts, and
later adult criminal behavior. One of the most empowering
things I’ve done lately was participating in the Conference
of Black Juvenile and Family Court Judges, sponsored by the
Children’s Defense Fund. One of the themes of the conference
was that judges can be leaders of community and advocates for
justice for children.
As part of that
conference, Bransford joined the Black Community Crusade for
Children. Bransford cited the group’s theme: "Leave no
child behind and ensure that every child has a healthy start, a
fair start, a safe start, and a head start in life with the
support of caring parents and nurturing communities."
Conclusion
Judge Bransford’s
energy and enthusiasm, her legal expertise, her experience, and
her commitment to justice are invaluable gifts she brings to us
all. Members of the bench and of the bar, as well as the public
served by the legal system, are fortunate indeed to have Judge
Tanya M. Bransford serving on the Hennepin County District Court
bench.
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