Judge Nord - Hennepin County District Court

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Judge Beryl A. Nord

Born:

1948

Education:

1973 JD University of Minnesota
1970 BA University of Minnesota

Recent Career:

1986 Judge, Hennepin County District Court
1983 Judge, Hennepin County Municipal Court
1974 Assistant City Attorney, City of St. Paul
1973 Law Clerk, Minnesota Supreme Court

Elevated to Bench:

Appointed by Governor Rudy Perpich to Municipal Court in 1983
Became District Court Judge by court merger in 1986.
Elected in 1990, 1996, and 2002.

Previous Assignments:

4/1983 to 5/1987	Criminal
6/1987 to 7/1990	Civil Block and Criminal
8/1990 to 4/1992	Juvenile
5/1992 to 12/1994	Civil Block and Criminal
1/1995 to 10/1996	Criminal
10/1996 to 12/2001	Civil Block and Criminal
1/2002 to Present	Criminal

Current Assignments:

Criminal

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


	Read Profile from
	Published in. May/June 1983

How I Manage My Courtroom: Civil Procedures. Criminal Procedures.

Communications

1. Do you permit attorneys to communicate with the court via e-mail?
I do permit this but generally only regarding scheduling issues. I would always prefer that the e-mail go to my clerk so that I do not have to forward it to my clerk. Communications via e-mail is also fine if attorneys have a question regarding an Order of Sentence of if a modification is sought, as long as the other side is copied.

2. Under what circumstances do you accept ex parte communications from counsel to you or your staff? What limitations do you place on such communications?
Ex Parte Communication is acceptable with staff regarding scheduling such a setting of motions. It is also acceptable if one party has gotten permission from the other party to communicate a deal to me or to ask what I would do if the client pled guilty. I tell staff not to give legal advice or discuss substance of cases. I will only discuss case if other side has given permission.

Proceedings Generally

3. What proceedings, if any, are you willing to conduct by telephone, and under what circumstances? Do you have any specific procedures for telephonic proceedings (e.g., governing who puts the teleconference together and how, and how transcription is handled)?
Scheduling conference can be conducted by phone with advance notice to the other party. Also, motions to continue a hearing or trail can be done by phone. The attorney who wants it puts the call together. I do not have my reporter try to report them. It is difficult to hear and people interrupt each other.

4. What are the most common mistakes lawyers make in advocacy before you (written or oral)? What do the best advocates before you have in common?
Orally, the most common mistakes are speaking too softly or too quickly and interrupting the other attorney or me. Both orally and in writing, some attorneys tend to be much too verbose and repeat the same arguments over and over. The best advocates listen to my question and spend most time on their strongest points when arguing.

5. What are your criteria and practice for granting continuances?
Continuances in any case, civil or criminal, will be granted if requested within two weeks f the time the attorneys receive notice of the trial date. After that time, good cause is requir4ed. Good cause means unexpected occurrences such as illness or actually being in trial. It is expected that witnesses be contacted or subpoenaed shortly after the trail date is assigned so that continuances can be requested due to witnesses unavailability well in advance of trail. A continuance will be given fro newly discovered evidence or for delays in getting DNA test results. Continuances in criminal cases are more rarely granted.

6. Do you have any preferences concerning courtroom decorum (including cell phones, pagers, passing notes, communicating with others at counsel table, water/ beverages at counsel table, approaching the witness, courtroom attire)?
All cell phones and pagers must be turned off. When I am on the bench all talking except as addressed to the court, a witness or juror must be in a whisper. Passing notes is fine as long as it is not disruptive to proceedings. Water is fine at counsel table. Nor other food or beverages are allowed.

7. When, if ever, would you consider issuing sanctions, formal reprimands, holding an attorney in contempt, or reporting an attorney for unethical behavior?
In 20 years on the bench I have never found an attorney in contempt or reported an attorney for unethical behavior. If an attorney deliberately disobeyed an order of the court or acted in a manner that was clearly disrespectful to the court, I would consider it. I have issued an order to Show Cause for not appearing for trial as ordered. I have imposed monetary costs for continuances or failure to comply with discovery or court orders.

Trial

8. What are your procedures concerning pre-marking of exhibits?
Exhibits generally should be premarked unless there are very few exhibits.

9. In a jury trial, what hours do you normally use for the trial itself (including breaks and lunch recesses)? Is your practice different in a bench trial?
9:30 a.m. - 12:00, or 12:30 p.m. (depending on where we are with witnesses and my noon meeting schedule). 2:00 - 4:00 p.m.

10. What is your practice concerning bench conferences during a jury trial?
I do not like bench conferences during a jury trail and do not have my reporter report them. I use bench conferences only for consultations with attorneys regarding things that need not be on record such as when we should stop or who the next witness is. If an attorney wishes to make a record or argue some ruling I will give an opportunity to go on the record when the jury is excused for lunch or the day.

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?
Identify yourself for the record. Indicate whether you wish to have the complaint read. If your client is in custody, be prepared to argue bail or tell me that you are reserving it. If you wish to negotiate the case, have the clerk call it at the end of the calendar so you can talk to the prosecutor.

2. What do you see as the bench’s role in settlement at the pretrial stage?
The bench has a big role in settlement. I inquire about the strength and weaknesses of each party's position and require offers to be made. I indicate what I would do on a straight plea. If appropriate I may suggest further investigation or a pre plea agreement.

3. If so, what limitations do you place on ex parte contacts with your staff?
It is appropriate to contact staff regarding scheduling hearings, timing of memoranda, questions regarding the appropriate calendar to put particular motions on, etc. It is not appropriate to discuss the substance or merits of cases with staff.

4. When a matter is assigned to you for trial, do you attempt to facilitate settlement before beginning trial?
No. On the day of the trial, I make every effort to get the trail going and discourage delay for settlement. Settlement should be done before the day of trial. If a trial is assigned to me in advance of the trial date, I try to facilitate settlement.

5. When in trial, what hours do you normally use for the trial itself (including breaks and lunch recesses)?
9:30 a.m. - 12:00, or 12:30 p.m. (depending on where we are with witnesses and my noon meeting schedule). 2:00 - 4:00 p.m.

6. What policies do you have concerning weapons, firearms and ammunition exhibits in the courtroom?
The Fourth Judicial District has adopted a comprehensive procedure regarding potentially hazardous exhibits. I adhere to the procedures adopted.

7. What policies do you have concerning drugs and other sensitive exhibits in the courtroom?
This is covered by the above exhibit procedures.

8. Do you have any other specific policies concerning exhibits?
If there are very many exhibits, the exhibits should be premarked. Exhibits should be in the custody of my clerk, once accepted into evidence, unless actually being used to question a witness.

9. When do you discuss proposed jury instructions with attorneys?
Generally, I try to do this at a time when most of the evidence is in but at noon or the end of the day so the jury is not kept waiting or inconvenienced.

10. What are your policies concerning jury sequestration?
I discourage sequestration because jurors dislike it and it is expensive. However, the defendant has a right under the Criminal Rules to have the jury sequestered during deliberation.

11. Do you have any specific policies or practices concerning pre-sentence investigations or sentencing?
If I know that I am going to send the defendant to prison due to the negotiation or the offense, I do not order a presentence investigation but only a Guidelines Worksheet. I always ask the prosecutor if there is presentence investigations in misdemeanor or gross misdemeanor cases except for Domestic Assaults and Driving While Under the Influence cases where I anticipate active probation.

The Judge's Civil Courtroom Procedures and Advice

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1. What are your preferred procedures regarding motion practice?
Follow the Rules of Civil Procedure with regard to notice and service. Send a copy of motion to chambers before argument.

2. What are your preferred procedures regarding hearings?
Do not assume that the Court will be hearing testimony unless this has been made clear and time allowed in advance.. Do not read to me from written submissions. Premark any necessary exhibits if you are offering exhibits that were not attached to your memorandum.

3. What do you expect the attorneys to have ready at the pretrial conference?
I expect the attorney appearing at the pretrial to know the file and have authority to act. The attorney should know the amount of his client's special damages, in personal injury cases, and the current medical condition of the client. Defense attorneys should have made an offer, if their client is willing to settle. Plaintiff's attorneys should know their client's bottom line. They should know who their witnesses will be at trial and what they expect to prove at trial. Moreover, they should be able to tell me about probable pretrial motions.

4. At what point to you expect the parties to undertake ADR, if at all?
I expect parties to participate in ADR in virtually all cases unless they agree that a summary judgment motion is likely to be dispositive. I expect ADR to be done around the end of the discovery period unless the parties wish to do it earlier.

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.?)
I encourage parties to settle any case as early as possible. However, I recognize an attorney must have adequate knowledge of her case before settlement. In both civil and criminal cases I expect the prosecution or defense to make an offer in advance of the pretrial, at the latest. In civil cases, the plaintiff should make a demand before the pretrial.

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

7. How do you expect the parties to handle discovery disputes (including calling you for a ruling during a deposition)?
Parties should try to settle discovery disputes themselves. However, I will take phone calls from depositions if I am available.

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.
I do not like to do hearings and motions by phone . It is difficult to keep people from talking at the same time. I will occasionally do discovery motions or scheduling conferences by phone. No record is made. A time is arranged with my clerk and one of the attorneys must put the teleconference together.

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)?
Cell phones and pagers can be on as long as they make no noise. Food and beverages are not permitted in the courtroom except for water. Gum chewing is not permitted. While court is in session, note passing or whispering with clients or co-counsel is allowable as long as it is limited as much as possible and not distracting to the testimony or argument before the court.

Counsel should never address each other, but address all remarks to the court. Objections should be succinctly stated ( one or two words) and should never be argued without prior permission.

Counsel should not approach the bench without prior permission. I prefer to make a record on objections, if necessary, on a break outside of the presence of the jury rather than at the bench.

I expect attorneys to follow Rule 2.03 of the Rules of Practice of District Courts. This Rule requires attorneys to stand when addressing the Court or jury. It also prohibits discrimination and familiar conduct such as use of first names or leaning on the bench, among other things.

10. When, if ever, would you consider issuing sanctions, formal reprimands, holding an attorney in contempt, or reporting an attorney for unethical behavior?
I would consider such action if I found that an attorney willfully violated a court order or lied to the court. If an attorney did not communicate an offer to his client, that would be unethical. I have occasionally ordered costs or attorneys fees against an attorney for failing to comply with an order. Once, I issued an Order to Show Cause why an attorney should not be found in contempt for failure to appear at a scheduled trial. I have never (in 19 years) reported an attorney to the Lawyers Professional Responsibility Board. Generally, if I found a problem, speaking to the attorney or his or her supervisor solved the problem.

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?
I will only communicate with counsel through my staff, unless both parties are present or one attorney has given permission to the other attorney to approach me. (This happens occasionally in criminal cases). I encourage my staff to deal only with procedures and practice. They are happy to schedule motions or answer questions regarding my motion practice preferences but cannot interpret the Rules, give legal advice or discuss the merits of any party's case.

12. What is your practice with granting continuances and under what circumstances would you consider granting one?
Continuances are the exception. Once a trial date has been set, parties may have a continuance if it is requested within two weeks of the receipt of the original setting. After that time trial dates are not changed except for truly unforeseeable events.

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, I always read the supporting memorandum and exhibits.

14. What do you consider to be the basic requirements of good oral argument (including the amount of time appropriate for oral argument)?
Good oral arguments are short. Generally, I allow fifteen minutes per side for arguments unless special arrangements have been made in advance. Allow time to answer questions I may have and to respond to opposing counsel. Acknowledge areas of agreement with your opposition or positions that have been abandoned.

15. What preferences do you have for jury trials? How do you prefer voir dire to be conducted?
Good voir dire is brief. I prefer the civil method of jury selection. In jury trials, I want the attorneys to approach the bench as little as possible. Arguments on evidentiary rulings or other objections can be made when the jury is not present. Most important disputes can be anticipated and should be argued as motions in limine prior to voir dire. Exhibits should be premarked and shown to opposing counsel before being offered. Witnesses should be scheduled so that there are no time periods when the court and jury are waiting for the next witness. The jurors' time is valuable and trial should proceed in a prompt manner once the jury is empaneled.

Judicial Profile from The Hennepin Lawyer (52:5:07)

Beryl A. Nord
Originally published in the May/June 1983 issue.
Author: Wood R. Foster, Jr.
Portions of this profile were redacted on request of the Judge.

Hennepin County’s newest municipal court judge will provide Hennepin County lawyers with a reassuring insight into the "quality of practice" in Ramsey County. Beryl A. Nord, recently appointed to the Hennepin County Municipal Bench by Governor Perpich, has spent the bulk of her career practicing in Ramsey County on behalf of the City of St. Paul.

Despite her Ramsey County ties, Judge Nord has lived in Minneapolis throughout her career and has been active in Minneapolis legal and political affairs.

She brings with her to the bench an extensive record of municipal court experience as an Assistant City Attorney in St. Paul. When appointed, she was acting as a civil litigation attorney handling personal injury matters, human rights cases, property damage suits and police brutality cases in both state and federal courts on behalf of St. Paul; prior to that, however, she had worked her way from a criminal division staff attorney (starting in 1974) to the chief prosecutor of the St. Paul City Attorney’s office commencing in 1979. As such she was responsible for the entire criminal division staff of fourteen people, and had primary responsibility for the charging of criminal cases, staffing of courtrooms, staff training, office administration and related functions. The skills she developed in that capacity have obvious application to her new assignment, which she views as a logical extension of her career to date.

Judge Nord views the position she now holds as a "natural progression" of her career as a trial lawyer. She recalls that when she was first seeking employment, most prospective employers thought she seemed "crazy" for wanting to get into the courtroom arena and try cases. She selected the City Attorney’s office in St. Paul on the basis of its promise of extensive courtroom work, a promise which was fulfilled manifold.

A 1973 cum laude graduate of the University of Minnesota Law School, Judge Nord was active as a staff member of the University of Minnesota Law Review, a student director of LAMP (Legal Assistance to Minnesota Prisoners) and a member of the Law Council and the Women’s Caucus. Her legal preparation was in the areas of political science and speech at Macalester College, where she graduated cum laude in 1970. Her college activities further testify to the path which she had chosen: debate, political science honors program, and employment as a political science teaching assistant.

Following law school, Judge Nord clerked for one year for Justice James C. Otis of the Minnesota Supreme Court, a position she recalls fondly.

Asked to comment on his former clerk, Judge Otis responded, "Having served for 13 years on the Municipal and District Courts of Ramsey County, I can only say that Beryl has shown the qualities we all sought to develop as judges—learning, patience, industry, humility, impartiality, and the commitment and respect for the law as an institution."

A childhood in western Wisconsin and an elementary education in the Grantsburg school system was followed by a move to suburban Minneapolis and attendance at Robbinsdale High School and Cooper High School, from which Ms. Nord graduated in June 1966 as salutatorian of her class and a member of the National Honor Society.

At the time Judge Nord was interviewed for this article, she had been a member of the bench for over a month. In that time the aspect of municipal court that had impressed and surprised her the most was the extreme efficiency of the clerk’s office and the computer assignment of cases. She was delighted with the manner in which cases were moved and the ability of the clerks to keep track of the large numbers in an efficient manner.

The new judge lists as her primary concern the need to view each individual in the legal system as a human being. She feels she has seen judges that fail to distinguish between individuals, and believes that this is the most important quality she can bring to the bench. The individuals she refers to include not only defendants but jurors, witnesses and attorneys, each of whom, she feels, should leave the legal system with the feeling that the system functions well, fairly, and courteously.

Judge Nord plans to abide by the municipal bench policy with respect to short incarceration for first DWI convictions; to do otherwise she feels would encourage judge shopping, a practice she deplores.

Another area of concern for Judge Nord is the unlawful detainer calendar. To her, the UD assignment exposes the judge to "social tragedy acted out in our courtrooms." In her view, the judge has little ability to deal with the real problems underlying the human drama confronting the unlawful detainer judge. This is because many people in today’s economy simply cannot afford the current rents, and much of the inexpensive housing which was formerly available is being torn down for middle and upper income development and condominium conversions. The judge, she feels, is left with little resort but to try to be sure that landlords are not exploiting tenants, though even in this area the judge’s hands are tied in many respects.

These observations bear witness to Judge Nord’s belief in her own strength, tolerance, and liberalism. She views herself as a restrained but determined feminist.

In short, it would appear that Judge Otis’ assessment of the new judge is borne out by Judge Nord’s entire experimental history and personal makeup. Hennepin lawyers can look forward to solid performance and leadership from its newest judge.