A Hennepin
County sheriff’s deputy trooped into Judge Lefler’s chambers
one day this spring and eyed the sparse furnishings. "Do
you have a panic button in here?" he asked. Judge Lefler
waved the deputy back out to the law clerk’s office. "It’s
out there," said the 48-year-old former Marine lieutenant.
"I never panic."
The Hon. Herbert
P. Lefler III was appointed to the Hennepin County bench in 1994
by Gov. Arne Carlson. Although he’s been on the job for more
than three months, Judge Lefler’s office still has that
just-moved-in look: Minnesota Statutes Annotated are stacked
face down on the window sill, unpacked boxes line the floor, and
the walls are bare. "I figure by the middle of summer it’ll
look like I’m here to stay."
"Skip,"
as the judge is known to friends and colleagues, is a native
Minnesotan and graduate of St. Louis Park High School. Fighting
in Vietnam escalated while he was a student at the University of
Minnesota, and he enrolled in the Marine Officer’s Training
Program in 1968. He served a tour of duty with the Third Marine
Division in Vietnam and Okinawa. He returned stateside and
completed his duty at the Marine Corps Finance Center in Kansas
City, Mo.
After graduating
with a B.A. in political science from the University of
Minnesota in 1972, Lefler went to law school at John Marshall in
Chicago. After graduating in 1975, he went to work in his father’s
law firm, LeFevere, Lefler, Kennedy, O’Brien & Drawz,
where he practiced in the areas of municipal law, wills and
trusts, and prosecuted for the city of Richfield. "It had
its good days and its bad days," Judge Lefler said of his
first job. "It was good to work with my father. Not a lot
of kids get to see their parents in that role." Judge
Lefler’s father, a former Plymouth city attorney and mayor of
St. Louis Park, died in 1991.
After more than
10 years at LeFevere, Judge Lefler took a position with Thomsen
& Nybeck in Edina, where he continued his practice in
municipal work and wills and trusts. He also prosecuted for the
city of Edina.
Judge Lefler
quickly found that suburban practice was not to his liking.
After only one year with the firm, he decided to open his own
office in downtown Minneapolis, Lefler Law Office in the 701
Building. Judge Lefler worked half-time on the Conflicts Panel
of the Hennepin County Public Defender’s Office, and built the
other half of his practice on his own. "That was a very
nice deal," Judge Lefler said of his two-part practice.
"I had the best of both worlds." His involvement with
the Conflicts Panel meant that he was a benefits-eligible county
employee, but he also got to develop his own practice. "I
didn’t have to feel driven to take whatever client showed up
at my door."
Judge Lefler
said the biggest case of his career was defending Keith Bullock,
a suspect in the 1990 murder of Julie Everson. Bullock pleaded
guilty, but charges against him were dismissed after Russell
Swart confessed under oath to the killing. Swart had previously
been acquitted of the murder, and was immune from prosecution.
Having worked in
both prosecution and defense, one would think Judge Lefler would
be a stickler for courtroom expertise. He denies it. "I
think I tend to be pretty forgiving. There’s a difference
between making an honest mistake because you’ve never done
this before, and being sloppy." But, Judge Lefler said,
adherence to courtroom decorum is a must. "If you begin to
argue an objection and don’t stand up, I’m going to tell you
to stand up. But there’s no reason this should be a trial by
ordeal."
Judge Lefler
said his pet peeve is lawyers who drone on and on in the
courtroom. "People have clients who are paying them money,
so when they say something, they want to be sure it comes
across. If they’re not sure about it, they say it a second
time, and just to be sure they’ll say it a third time."
Being appointed
to the bench means Judge Lefler has to give up quite a few of
his outside involvements, and there’s quite a list. Before he
was appointed, Judge Lefler was a member of the board of
directors of the Minnesota Zoo, the Hennepin County Capital
Budgeting Task Force, and the Community Education Services Board
of Edina Public Schools. In the past he’s been on the Governor’s
Commission on Violent Crimes and on the boards of directors of
the Twin Cities Marathon, the St. Louis Park Emergency Program,
and the Edina Hockey Association.
Judge Myron
Greenberg advised Judge Lefler to actively cultivate his life
outside the courtroom, to avoid what Judge Lefler calls
"the dreaded black-robe disease." So now he’s
pursuing more neutral activities to round out his life, like
distance running ("I used to run 25 miles a week"),
piano lessons, and sailing. Judge Lefler’s wife works at
Dayton’s in the china department, and he has a son age 20, and
a daughter age 18.
In addition to
cutting back on his community ties, Judge Lefler says the new
job has required him to do quite a bit of adjusting in other
ways. "I used to have a great deal of discretion as to how
to spend my time," he said of his solo practice. "Now
I have to try to fit into a large organization where all my scheduling
comes from other places." He also finds the judicial life
more sedentary than private practice, where he used to run back
and forth from the courthouse and meetings with clients.
"Now I come in in the morning, have a couple shots of
exotic coffee, then go sit still for a couple of hours."
One of the most
challenging adjustments for Judge Lefler has been going from the
role of an advocate to that of a mediator. "We’ve all
been in situations where we’re watching someone doing
something, and they’re not doing it very well. It can be so
painful." But he said he’s not shy about cutting off a
lawyer who’s slowing down the trial. "We’re not going
to sit here all day so you can play Trivial Pursuit with the
Rules of Evidence."
"You can’t
take yourself too seriously," Judge Lefler said of his new
role. "You get the special robes, and you get to sit on the
special platform. People do treat judges differently. If you go
back to your office and start talking about something, someone’s
going to interrupt you. They don’t do that to judges."