Judge Larson - Hennepin County District Court

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Judge Gary Larson

Born:

1943

Education:

1967 JD University of Minnesota Law School
1964 BA University of Minnesota

Recent Career:

1986 Judge, Hennepin County District Court
1985 Judge, Hennepin County Municipal Court
1981-85 City Attorney, City of Shorewood
1979-81 City Attorney, City of Excelsior
1978-85 Attorney, Laketown Township
1977-83 Private Practice, Penberthy & Larson
1972-85 City Attorney, City of Tonka Bay

Elevated to Bench:

Appointed by Governor Rudy Perpich to Municipal Court in 1985.
Became District Court Judge by court merger in 1986.
Elected in 1986, 1992, 1998 and 2004.

Previous Assignments:

5/1986 to 6/1988	Criminal
7/1988 to 12/1990	Family
1/1991 to 9/1991	Criminal
10/1991 to 12/1999	Civil Block and Criminal
1/2000 - 12/2004	Presiding Judge Civil
1/2005 to Present	Presiding Judge Drug Court
7/2004 to 6/2006	Assistant Chief Judge

Current Assignments:

Drug Court

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


	Read Profile from
	Published in March/April 1985

How I Manage My Courtroom: Civil Court. Criminal Court

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 8:00 (sometimes 7:30), 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 formally in courtroom, usually not reported unless there is a pro se. Call to cancel if the matter is resolved

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. Discovery and ADR completed.

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. Must be completed prior to pretrial. Parties may select their own mediator.

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. Out-of-town adjusters must be present.

7. How do you expect the parties to handle discovery disputes (including calling you for a ruling during a deposition)?
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 open to informal phone conferences 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. No testimony by phone conference. Phone conferences are not reported.

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 18 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 with my clerks 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?
Truly unexpected emergencies. Previously scheduled family vacations and nearly any event involving your children will be accommodated if at all possible. Trial dates are set with the consent of the attorneys so there should not be a reason for continuance.

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)?
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 make more time available.

15. What preferences do you have for jury trials? How do you prefer voir dire to be conducted?
All exhibits must be premarked and accompanied by an exhibit list. Exhibit lists, witness lists and proposed jury instructions and verdict form should be ready by first day of trial. I don't have any strong feelings about how things have to be done during voir dire. An informal discussion the day of trial should suffice to have us all operating under the same rules and understandings. Need nonargumentive statement of the case to be read to jury during voir dire.

The Judge's Criminal Courtroom Procedures and Advice
Provided 2003

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1. What are your expectations of attorneys (both defense and state) at arraignment?
I expect the attorney to be prepared to argue bail and to have their calendars available for selecting future case dates.

2. What do you see as the bench’s role in settlement at the pretrial stage?
I take an active role in all settlement efforts.

3. If so, what limitations do you place on ex parte contacts with your staff?
Ex parte communications with my staff should be limited to administrative and procedural matters only.

4. When a matter is assigned to you for trial, do you attempt to facilitate settlement before beginning trial?
Yes. See #2.

5. When in trial, what hours do you normally use for the trial itself (including breaks and lunch recesses)?
Normally, I begin at 9:00 a.m. and break for lunch at noon. The afternoon begins at 1:30 or 2:00 p.m. and ends at 4:20 p.m. I generally take an additional mid-morning break and one mid-afternoon break. I dislike delays caused by missing witnesses.

6. What policies do you have concerning weapons, firearms and ammunition exhibits in the courtroom?
A deputy examines the gun and places it in a glass box prior to the start of the trial.

7. What policies do you have concerning drugs and other sensitive exhibits in the courtroom?
Once contraband or other sensitive materials are admitted, they are placed in a locked location when not in trial.

8. Do you have any other specific policies concerning exhibits?
No.

9. When do you discuss proposed jury instructions with attorneys?
I accept proposed jury instructions prior to the start of the trail and begin working on them before the trail is completed. This may require the attorneys to stay late one evening.

10. What are your policies concerning jury sequestration?
Either side can request sequestration, but I do not favor it.

11. Do you have any specific policies or practices concerning pre-sentence investigations or sentencing?
No.

Judicial Profile from The Hennepin Lawyer (54:4:11)

Gary Larson
Originally published in the March/April 1985 issue.
Author: Julian Hook

Gary Larson was appointed by Governor Rudy Perpich to serve as a Hennepin County Municipal Court Judge, effective March 18, 1985. He replaces Judge Franklin J. Knoll who was appointed as a Judge of the Hennepin County District Court.

I was asked to write a short background piece on Gary for The Hennepin Lawyer. Since I have known Gary both professionally and personally for over twenty years, I was honored to contribute this piece.

Gary was born in Covington, Virginia on May 23, 1943. His family moved to Glens Falls, New York where Gary attended Queensbury High School. Gary attended the University of Minnesota, graduating in 1964 with a history major and a political science minor. Gary and I were dorm counselors while attending law school at the University of Minnesota. He graduated with a Juris Doctor, cum laude, in 1967 and was a member of the Minnesota Law Review.

After graduation, Gary clerked for District Court Judge John F. Cahill in Waseca, Minnesota. He entered private practice in Excelsior, Minnesota and practiced there from 1968 to 1984. He recently moved his practice to Minnetonka.

Attorneys who have dealt with Gary recognize his competence, professionalism and compassion. He has earned the respect of both clients and colleagues.

Gary has had extensive experience in municipal law. He was the City Attorney for Excelsior and, immediately prior to his appointment to the bench, was the attorney for the cities of Shorewood and Tonka Bay and Laketown Township. He has also been a legal research instructor at Hamline University Law School and a Business Law instructor in the Graduate Program in Management at the College of St. Thomas.

Gary has always been very active in the community. He has contributed his time to incorporate numerous non-profit, tax-exempt corporations including Minnetonka Hot Line, Inc., a youth emergency telephone answering service; Perspectives, Inc., a women’s organization formed to deal primarily with chemical dependency issues; and the Skipper Booster Club, Inc., a Minnetonka School District athletic booster club. Gary also finds time to serve on the boards of these organizations, having served on the Board of the Minnetonka Hot Line for 5 years, serving 2 years as President. He was the recipient of the 1982 Minnetonka School District 276 Community Services Annual Gavel Club Award for Outstanding Community Service.

Gary is a member of the Excelsior Rotary Club, is on the Board of Trustees of the Excelsior Congregational Church and is presently serving on the Institutional Review Board at Methodist Hospital. He has served as legal advisor to Way 12 Halfway House for chemically dependent young adults.

Gary is married to the former Heidi Zinn. Their family includes Karl, age 9, Hans, age 9, and Gretchen, age 5. The Larson family enjoys the out-of-doors, primarily sailing on Lake Minnetonka and water activities on Christmas Lake where they reside. They especially enjoy vacationing in the Georgian Bay area of Lake Huron.

A real master in the kitchen, Gary has earned the well-deserved reputation for preparing lavish gourmet meals. In his new position Gary will have his evenings free, thereby allowing him more time to practice his culinary skills. His dinners are welcomed with great éclat.

The Larsons’ social activities include attendance at Gopher football games where Gary has been a season ticket holder for many years. Gary has always had a strong sense of loyalty to the University of Minnesota, preferring college athletics and activities to those of professional sports.

Gary’s colleagues will testify to his dedication to his family and sensitivity to the needs of others. The Municipal Court is indeed fortunate to have a person of Gary’s caliber serving on it.

My friendship and close association with Gary over these many years makes me well qualified to express the many attributes Gary will bring to the Court. His scholarly propensities are matched by his empathic respect for people’s rights. Fellow judges, counsel, and particularly the public who appear before Gary will come to appreciate his many fine qualities as do those of us who know him.