Judge
George McGunnigle was sworn in to the Fourth Judicial District
Court bench in early December 2000, along with Kathryn
Quaintance and Warren Sagstuen. Shortly before his investiture,
he was excited and honored at the prospect of serving as a
judge. The possibility of serving on the bench has been nagging
in the back of his mind ever since he served as a military judge
in the Navy JAG, as he feels the judiciary is the highest
calling of our profession. "The justice system and the
profession have been very good to me, have given me a good
professional life," he says, and he wants "to give
back to the judicial system and the profession."
Judge
McGunnigle grew up in Hartford, Conn. He came from a family of
teachers and was an English major at Boston College He explains
that there were not a lot of "natural career moves"
for an English major. He felt at the time that he could either
go on to graduate school in English studies or go to law school.
Law school seemed interesting. He won a full academic
scholarship to Georgetown, so law school it was. He later
obtained an LL. M. at George Washington University, where he was
a teaching fellow. He also was associated with that law school’s
Institute of Law, Psychiatry, and Criminology when the institute
was doing a broad empirical study on the mentally disabled and
the law. Judge McGunnigle’s projects included doing legal and
empirical research for the institute, such as interviewing
prosecutors, defense attorneys, judges, and other people
involved in the criminal justice system. His own master’s
thesis was on the mentally disabled and criminal law.
Judge
McGunnigle’s first post-law school position consisted of a job
in the Naval JAG corps, which he notes was a "terrific
experience." He says the greatest thing that the military
did for him as a lawyer was "to put me in the courtroom and
let me learn how to try cases." He was stationed for two
years in Rhode Island, where he served as a prosecutor, defense
attorney, and military judge. During his third year, while
stationed at the Navy Appellate Defense Activity in Washington,
D.C., he did criminal appellate defense work, representing
sailors and marines who had been convicted of serious crimes.
During
his naval service Judge McGunnigle experienced what he now
remembers as his proudest moment as an attorney. He was
representing a young seaman convicted of a violent attack aboard
ship. Judge McGunnigle believed the man was innocent. In part
because of his previous training in graduate school, he
recognized that the seaman was mentally disabled and that this
disability, combined with his intoxication, rendered him unable
to form the requisite intent to perform the assault. Judge
McGunnigle’s defense resulted in non-guilty verdict for the
sailor, who, the judge remembers, had to ask him what "not
guilty" meant. Judge McGunnigle told him it meant that he
was free. The sailor then asked to borrow a dime so that he
could call his mother and give her the good news. Later, the
judge received a letter from the young man’s mother, thanking
him profusely for the work he had done for her son. She had
taped a dime to the letter, to pay the judge back for the money
he had lent her son to call her. "That letter and that
dime," Judge McGunnigle states, "were a wonderful
fee."
Lowell
Noteboom, current president of Leonard Street and Deinard, was
stationed with the judge during his career with JAG. Judge
McGunnigle remembers that they were often co-counsel, but just
as often acted as adversaries. They became good friends.
Noteboom came to Minnesota and Leonard Street and Deinard when
he left the Navy, and shortly thereafter called Judge McGunnigle
and urged him to apply for an associate position at the firm. In
1972, Judge McGunnigle and his wife came to Minnesota, enjoyed
it and Leonard Street and Deinard, and decided to stay.
At
Leonard Street and Deinard, Judge McGunnigle concentrated
primarily on business litigation, including class action and
securities cases. Some of his recent clients in major litigation
included Piper Jaffray, Microsoft Corporation, American Express,
Burger King Corporation, St. Jude Medical Inc., and Edina
Realty. He recently acted as an arbitrator and a mediator in
business cases, as well, and has been a panelist and moderator
in several training videos on litigation skills and on mediation
and ADR. He says his most significant litigation was probably in
1994-1999, when he defended Piper Jaffray in the many cases that
arose out of the decline in the value of funds managed by Piper
as a result of the 1994 crash in the fixed-income market.
Judge
McGunnigle thinks that, on the bench, what he will miss most is
the "collegiality and comradery that comes when one is with
a terrific law firm and a terrific group of people." He
also believes he will miss the comradery among trial lawyers,
those "times when my adversary and I would fight like hell
in the
courtroom but would still be able to go out and have a beer when
it’s all over." On the other hand, he won’t miss
filling out time sheets.
He
hopes to run his courtroom in the same manner as he sees U.S.
District Judge David Doty run his. In Judge Doty’s courtroom,
Judge McGunnigle notes, "There’s never any doubt about
who’s in charge, and yet his demeanor is such that the
courtroom is as relaxed as a courtroom can be." Judge
McGunnigle admires judges, like Judge Doty and Judge Peter
Albrecht, who are considerate of all who appear before them in
the courtroom, and he hopes to create a similar atmosphere in
his own courtroom. He says attorneys who enter his courtroom
should expect "someone who is open-minded, who has a pretty
good sense of humor, and who has great respect and affection for
trial lawyers." He agrees with what he recalls as an
often-expressed sentiment of Judge Doty: "I actually like
lawyers."
Judge
McGunnigle is concerned that the practice of law has become less
civil, that the times where adversaries would get together as
friends after fighting a hard case are becoming more and more
rare. He says that while lawyers tend to focus on incivility in
the profession, he thinks that it may be a reflection of our
larger culture, that people in general are becoming less civil
and more intolerant of each other. In his own courtroom, he
hopes to improve the situation as much as he can by treating
everyone with respect and courtesy and by insisting that
everyone do the same on his or her part.
Judge
McGunnigle feels that he, as a district court judge, is
accountable "to the community, which, through its elected
official, the governor, has asked me to help resolve their
disputes, and, if they can’t be resolved, to decide
them." As befitting an English major, the judge is a
voracious reader. When he was being interviewed for this
profile, the judge was reading Peter Ackroyd’s biography of
Sir Thomas More, who is a hero of his. He says he intends to
fulfill his oath of office by conducting himself in the
courtroom in the manner expressed in a Sir Thomas More line from
Robert Bolt’s play, A Man for All Seasons: