Judge Holahna - Hennepin County District Court

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A View of the Hennepin County Bench

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Judge John L. Holahan

Born:

1946

Education:

1974 JD William Mitchell College of Law
1970 BS St. Cloud State University

Recent Career:

1995 Judge, Hennepin County District Court
1992 President, John L. Holahan Jr., P.A.
1985 Vice President, Frisbee & Holahan
1975 Sole Practitioner
1972 Trial Court Clerk, Fourth Judicial District
1970 Court Clerk, Hennepin County Municipal Court

Elevated to Bench:

Appointed by Governor Arne Carlson in 1995.
Elected in 1996 and 2002.

Previous Assignments:

2/1995 to 12/1996	Criminal
1/1997 to 12/2001	Family and Criminal
1/2002 to Present	Civil Block and Criminal

Current Assignments:

Civil Block and Criminal

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

Data provided by Hennepin County District Court Civil Court Dispositions in 2005:
Cases are reported from date of filing. During that time cases may be transferred between judges for various reasons. The age of the cases and the time elapsed before trial, therefore, may not be attributable to the judge who eventually handles the trial.
Type of Disposition	Number	Avg. Age at Disposition in Months	Avg. Age at Disposition for this Court
Tried by Court	5	6.6	8.5
Tried by Jury	6	14.5	14.3
Settled (Includes Closed by ADR)	105	7.7	7.9
Closed Summary Judgment	16	7.3	7.3
Dismissed	28	3.8	5.1
Closed by Arbitration	20	5.4	6.6
Other Closed	63	2.4	2.7
Closed by Admin.	1	6.7	0.4
Total:	244	5.8	5.7


	Read Profile from
	Published in May/June 1995

The Judge's Civil Courtroom Procedures and Advice

1. What are your preferred procedures regarding motion practice?
Not more than one summary judgment motion per case. Discovery disputes are handled informally via a telephone conference call.

2. What are your preferred procedures regarding hearings?
I read all motions before a hearing so I like to focus arguments to respond to my questions.

3. What do you expect the attorneys to have ready at the pretrial conference?
Discovery should be done, offered should have been exchanged.

4. At what point to you expect the parties to undertake ADR, if at all?
Mediate prior to dispositive motions.

5. At what point do you encourage parties to settle?
Pretrial conference.

6. Do you require that a person with ultimate authority to settle be present at settlement negotiations?
Always.

7. How do you expect the parties to handle discovery disputes?
First, counsel need to confer with each other to see if they can resolve the dispute without court intervention. After that, a telephone conference can be scheduled for me to make a ruling on the matter. If necessary, a formal hearing may be set after the telephone conference, with my approval.

8.Do you have preference for courtroom decorum?
Phones must be turned off. I follow the rules outline in the Civil Trial Book contained in the Rules of Practice- District Courts. Beverages at counsel table are ok.

9. Should attorneys assume you have read the pleadings?
Yes.

10. What do you consider the basic requirement of a good oral argument?
Make your point and then sit down. 5 -10 minutes per side.

11. Any special practices for jury trials?
No special practices. We select 7 jurors, and allow them all to deliberate. If they cannot agree, they can return a 6/7 verdict after 6 hours. I ask a lot of preliminary questions during the voir dire.

The Judge's Criminal Courtroom Procedures and Advice

1. What are your expectations of attorneys at arraignment?
To address the issue of bail and conditions of release.

2. What do you see as the bench’s role in settlement at the pretrial stage?
To facilitate settlements and narrow issues.

3. What limitations do you put on ex parte communications with your staff?
I will not allow lawyers or parties to “lobby” my staff.

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

5. When in trial, what hours to you normally use for the trial?
9:00-12 with a mid-morning break. Afternoon is 1:30 - 4:15 with a mid-afternoon
break.

6. What policies do you have concerning exhibits?
Weapons must be secured. Other sensitive items must be under the control of the lawyers or my clerks at all times.

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

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

9. When do you discuss jury instructions?
Throughout the course of the trial. I begin preparing them during voir dire.

10. What are your policies concerning jury sequestration?
I only do it on 1st degree murder or highly unusual circumstances. The court does not have the money to sequester juries on routine cases.

Judicial Profile from The Hennepin Lawyer (64:5:17)

John L. Holahan
Originally published in the May/June 1995 issue.
Author: Richard A. Williams, Jr.

Judge John L. Holahan Jr. is a man uniquely equipped by temperament, experience, and outlook to be a judge. He has a broad and extensive background in civil and criminal litigation acquired while a private practitioner. He also has an understanding of the administrative aspects of the judicial system and a commitment to public service. Just as important, however, is his experience with the life events that affect all people. It has given him a perspective on human nature that blends compassion with responsibility and accountability.

John Holahan graduated from St. Cloud State University in 1970 with a degree in marketing. He worked as a court clerk in Hennepin County Municipal Court in the civil traffic and criminal divisions while attending William Mitchell Law School. From 1972 to 1975, he was a law clerk to Judge Patrick Fitzgerald and Judge Andrew Danielson, now two of his fellow judges on the Hennepin County District Court.

Between the time he left the court in 1975 to enter into private law practice and when he returned in 1995 after being appointed to the court by Gov. Arne Carlson, John Holahan distinguished himself as a citizen and as a lawyer. While in private practice, both as a solo practitioner and in group practice, John Holahan concentrated in the areas of criminal defense and domestic relations law. He was recognized by his peers for his skill and resourcefulness as a representative of his clients. At the same time, he was active in bar activities and professional associations including the National Association of Criminal Defense Lawyers, the American Bar Association, and the Minnesota State Bar Association.

In addition to his varied experience as a trial lawyer, John Holahan brings to the bench a lifelong commitment to community service. He has been a church volunteer, scout leader, and coach. As a result of experience within his own family, he has worked as a Cansurmount volunteer at Abbott Northwestern Hospital. He is also on the Patient/ Family Advisory Group at the Virginia Piper Cancer Institute. He has been involved in other public service such as speaking at community resource centers. He was appointed to the Minnesota Ethical Practices Board in 1993 and became chair of the board in 1994.

The same deep-seated commitment to public service that characterizes his personal life is reflected in his service to his profession. He is a past president and board member of Lawyers Concerned for Lawyers, an organization dedicated to providing support and service to lawyers with drug and alcohol-related problems. He has been a lecturer and speaker on chemical dependency and alcoholism. As part of his commitment to maintaining the quality of the profession, he has been a volunteer attorney supervisor for the Lawyers Professional Responsibility Board.

While a practicing attorney, Judge Holahan always viewed the law as an instrument to resolve conflict rather than to perpetuate it. He was a co-founder, vice president, and board member of the Collaborative Law Institute—a nonprofit corporation composed of lawyers committed to resolving divorce cases by negotiation rather than litigation. As part of that commitment, Judge Holahan acted as a mediator in family matters and was a member of the Academy of Family Mediators. He also served as a volunteer family court settlement referee in Hennepin County District Court.

John Holahan’s contribution to the community and his profession is demonstrated by the wide range of support he received from diverse segments of the community when Governor Carlson was looking for candidates to fill vacancies on the Hennepin County District Court. Judge Holahan’s support came from virtually all elements of the public and profession. Prominent educators, business people, and public officials favored his appointment. Members of the state Legislature, as well as a member of Congress, encouraged his selection. Lawyers representing virtually all areas of practice and ranging from solo practitioners to members of large law firms supported his appointment.

Judge Holahan has participated in the judicial process from the inside and from the outside. He brings to the Hennepin County District Court a broad range of experience in resolving disputes both in and out of the courtroom. Most importantly, however, Judge Holahan brings to the bench common sense and a sensitivity to the people who come before the court, whether as litigants, lawyers, or witnesses. Judge Holahan’s character is best summarized by one of his clients who says, "I just wanted to say thank you for your legal assistance. But more importantly for being so kind when I was a complete wreck. I won’t forget your kindness . . . you’re a good person, John L. Holahan, and I’m glad I met you." I am also glad that I met John L. Holahan and that he is a friend. I am particularly pleased to be able to officially introduce the Hon. John L. Holahan Jr. to the membership of the Hennepin County Bar Association.