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Judge
Janet N. Poston |
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Born: |
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1949 |
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Education: |
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1983
JD University of Minnesota
1971 BS University of Minnesota |
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Recent
Career: |
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1997
Judge, Fourth Judicial District
1990-1996 Part time Referee
(Civil Defaults from 1991-1996)
(Civil Defaults, Implied Consents, and
Default Marriage Dissolutions in 1990)
1983-1996 Law Clerk, Honorable Deborah Hedlund
1978-1980 Teacher, Bolivia South America
1971-1978 Elementary School Teacher |
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Elevated
to Bench: |
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Elected
in 1996 and 2002. |
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Previous
Assignments: |
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1/1997 to 4/1998 |
Criminal |
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5/1998 to 12/1998 |
Civil Block and
Criminal |
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1/1999 to 12/2001 |
Family |
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1/2002 to Present |
Civil Block and
Criminal |
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Current
Assignments:
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Civil Block and
Criminal |
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More
information on this Judge is available from the District
Court
Website
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Data
provided by Hennepin County District Court
Civil
Court Dispositions in 2005: |
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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. |
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Type
of Disposition |
Number |
Avg.
Age at Disposition in Months |
Avg.
Age at
Disposition for this Court |
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Tried by Court |
10 |
4.2 |
8.5 |
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Tried by Jury |
4 |
13.5 |
14.3 |
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Settled (Includes Closed
by ADR) |
85 |
7.8 |
7.9 |
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Closed Summary
Judgment |
14 |
7.6 |
7.3 |
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Dismissed |
19 |
5.0 |
5.1 |
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Closed by Arbitration |
39 |
6.7 |
6.6 |
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Other Closed |
64 |
2.8 |
2.7 |
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Closed by Admin. |
2 |
0.2 |
0.4 |
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Total: |
237 |
5.9 |
5.7 |
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The Judge's Civil Courtroom Procedures and Advice |
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1. What
are your preferred procedures regarding motion practice?
Comply with Gen.R.Prac.Dist.Ct. Rules 115-119, especially noting
Rule 115.10. Telephone conferences are preferred for discovery
disputes. Telephone conferences also preferred for other
motions, as counsel request and agree. Obtain dates from my
staff.
2. What
are your preferred procedures regarding hearings?
Assume I have read the
pleadings. Highlight as necessary, and respond to opponent's
arguments.
3. What
do you expect the attorneys to have ready at the pretrial
conference?
Their bottom line
demands/offers, list of witnesses, knowledge of any unresolved
potential problems before case is ready for trial. Their
calendars. That they will have apprised their clients that I
will explore the strengths/weaknesses of their case with them.
4. At
what point to you expect the parties to undertake ADR, if at
all?
Within the dates in the
Scheduling Order, or earlier, if they prefer.
The Scheduling Order sets ADR
dates after the close of discovery.
If counsel wish to use
mediation, they should choose a mediator and inform the Court in
their Informational Statements, or inform the Court that they
want the Court to choose a mediator/mediation firm.
If mediation is requested but
no names are provided to the Court, the matter will be sent to
Hennepin County Arbitration initially.
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.?)
At every point.
However, parties are entitled
to try their case, if they are unable to settle.
In a personal injury case, if
ADR has been unsuccessful, I try to help the litigants understand
the realities of the jury process and the fact that the jurors
will determine their case, instead of the litigants.
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)?
I expect the parties to
set motions or request a telephone conference for discovery
disputes. If no motion is brought and no telephone conference
requested, then it is too late to complain about lack of
discovery on the morning of trial. I will rule during a
deposition if I am available, but it is not my preference.
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.
Yes. Attorneys should set
up the phone conference with my staff. Attorneys can initiate
the call, or my office will initiate. However, I only have an
ability to conference with two outside telephone lines. If there
will be more than two parties and me, then the party requesting
the conference should set up and initiate the call. The court
reporter is available to transcribe if requested.
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
may be on silent or vibrate. Distracting communication at
counsel table is not allowed. My staff will generally fill water
pitchers for counsel table. To make a clear record of where
everyone is in the courtroom, counsel should request permission
each time they wish to approach. Also for a clear record,
counsel should answer the Court's questions as to whether there
is any cross-examination, re-direct, re-cross. Courtroom attire
as in the 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?
As required by the Rules.
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?
When I am the
signing judge.
For a TRO with the caveat that Rule 65.01 of the Rules of Civil
Procedure must be followed to obtain a TRO.
Under Rule 115.11 of the Gen.R.Prac.Dist.Ct.
Do not copy me on correspondence between counsel.
Ex parte communication is otherwise disfavored. Written ex parte
communication is reviewed by my law clerks and generally
returned to counsel with a letter stating that ex parte
communication with the court is inappropriate. In RARE
circumstances, the matter is of such an emergency nature as to
require immediate attention, and counsel are encouraged to
request a telephone conference.
Counsel often communicate with my clerks without my knowledge,
unless the clerks bring inappropriate behavior to my attention.
Requests for procedural
advice are encouraged.
12.
What is your practice with granting continuances and under what
circumstances would you consider granting one?
Continuances are granted
on a case by case basis. Unavoidable emergencies are a given. As
a general rule, matters are tried in the time set forth in the
Scheduling Order. Requests to do otherwise are likely to result
in financial sanctions.
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?
Absolutely.
14.
What do you consider to be the basic requirements of good oral
argument (including the amount of time appropriate for oral
argument)?
Assume I have read the
papers. Highlight your argument. Respond to your opponent's
argument. If there are cross motions, you may argue all at once,
or in order of motion filing, by responding to your opponent.
Moving party has opportunity to rebut. Submit a proposed order
with your moving papers. Motions are scheduled for 1/2 hour - do
not feel compelled to use all the time.
15.
What preferences do you have for jury trials? How do you prefer
voir dire to be conducted?
Counsel be prepared to argue
their case in a timely fashion. Follow the Trial Order, which is
issued after pretrial. See # 9, supra. I generally conduct voir
dire, and will ask questions that counsel suggest. Counsel may
ask follow-up and additional questions. Defendant goes first in
voir dire, after the Court. Strike list is exchanged.
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The Judge's Criminal Courtroom Procedures and Advice
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1.
What are your expectations of attorneys (both defense and state)
at arraignment?
That they have read the information
provided to them, and that they tell me if they don’t have the
information they need.
2. What
do you see as the bench’s role in settlement at the pretrial
stage?
I believe it is in the
best interests of all involved to try to resolve the cases as
early as possible.
3. If so, what
limitations do you place on ex parte contacts with your staff?
No answer given.
4. When a
matter is assigned to you for trial, do you attempt to
facilitate settlement before beginning trial?
Yes, but I assume that
those attempts were made at pretrial. I am not interested in
delaying trial if trial is the only resolution.
5. When
in trial, what hours do you normally use for the trial itself
(including breaks and lunch recesses)?
Start 9 a.m., lunch at noon. A
20-minute break as the Minnesota Supreme Court requires for the
court reporter, sometime in the morning, depending on whether
motions were heard at 8 and 8:30 a.m.
6.
What policies do you have concerning weapons, firearms and
ammunition exhibits in the courtroom?
They must be secured, and
are not kept in the same place in the courtroom.
7. What
policies do you have concerning drugs and other sensitive
exhibits in the courtroom?
No answer given.
8. Do
you have any other specific policies concerning exhibits?
No answer given.
9.
When do you discuss proposed jury instructions with attorneys?
While waiting for the
jury to be brought up, and as often as necessary thereafter.
10.
What are your policies concerning jury sequestration?
Discuss each case with
counsel.
11. Do
you have any specific policies or practices concerning
pre-sentence investigations or sentencing?
No answer given.
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Judicial Profile from The Hennepin Lawyer (66:9:10) |
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Janet
N. Poston
Originally published in
the May 1997 issue.
Author: Jyotsna Gorti
On Jan.
6, 1997, Janet Nordell Poston was sworn in as a district court
judge in Hennepin County. It was a very special occasion for me,
as Judge Poston has been a dear friend for 10 years, and I
rejoiced in her realizing her goal of becoming a judge. I met
Judge Poston when I became Judge Deborah Hedlund’s second law
clerk, in 1986. Throughout the next 10 years, we worked as
lawyers in the Hennepin County Government Center, she as Judge
Hedlund’s law clerk and referee and I in different jobs (the
last five years as a Hennepin County attorney). Judge Poston
brings a diverse educational and employment background to the
bench, which will help her as a jurist.
Upon
first meeting Judge Poston, everyone recognizes immediately that
she is warm, sincere, friendly, and nice. Upon knowing her, you
understand that those are the inherent traits of the Nordell
clan and that her parents, especially her father, influenced her
a great deal. Judge Poston was raised in south Minneapolis, by
parents who had come of age during the Depression and World War
II, and who then raised children during the 1950s. The oldest of
three children, Janet was surrounded by a large extended family
of aunts, uncles and cousins. The Depression influenced her
parents to be prudent and cautious and to plan for the future.
The optimism and "can-do" spirit of World War II
overlaid their cautiousness, and the extraordinary growth and
success of the country in the 1950s confirmed their opinion that
if you work hard and have faith and trust in the future, you
will surely succeed. Judge Poston is a living example of these
principles in motion.
Interested
in working with children and helping them, Judge Poston obtained
her degree in education in 1971 and began teaching elementary
education in St. Cloud. She enjoyed teaching children. An
important lesson she learned, as it applies to the law, is that
the most effective way to control negative behavior is to make
students "immediately responsible for the logical
consequences of their actions." She believes this to be a
universal lesson.
During
this time, consistent with her commitment to helping others,
Judge Poston worked in the summers as a camp counselor and
director. She loved the outdoors and enjoyed teaching young kids
outdoor activities. For two summers, she also worked as a
mortgage loan appraiser.
In
1978, she took a leave of absence to teach for an international
nonprofit linguistic organization in Bolivia. Judge Poston
describes this two-year experience as her "glorious
adventure." She lived in the jungles of Bolivia, with few
modern amenities, in a small tightly knit community of
linguists. Here she taught all grades to the linguists’
children. She came to admire their dedication to learning the
tribal Bolivian languages and their ability to enjoy life with
very few material possessions. This experience taught Judge
Poston that if "one is lucky enough to find work that one
thoroughly enjoys and values," then that will itself lead
to a rich and fulfilling life.
In
1980, Judge Poston decided to pursue her long-standing interest
in a legal career and enrolled in law school at the University
of Minnesota. She began clerking for Judge Hedlund in October
1983, with the idea of continuing her legal education by
actively doing research and learning about the courtroom. Judge
Poston relished the drama of the courtroom, the intellectual
challenge of learning and deciphering he law, and, most of all,
the exciting prospect of listening to all the facts and
rendering a decision.
In
retrospect, Judge Poston sees her 13 years as a clerk to Judge
Hedlund as a time of "on-the-job-training." She
stayed, as she often told me during those years, because she
firmly believed that hers was the most exciting and interesting
job there was in the field of law. Now she would say, I’m
sure, that it was the second-most interesting job in law and
that being a judge is better. During her tenure with Judge
Hedlund, Judge Poston worked on many diverse matters; she worked
on both civil and criminal matters and observed many trials; she
researched and wrote memoranda on complex civil matters before
Judge Hedlund; and sat in on harrowing criminal trials and
became an expert in the day-to-day administrative work of the
courtroom. Although she maintained long hours at work, she
continued her commitment to volunteer her time and was a mentor
in math and reading at the Hospitality House Boys and Girls
Club, Inc.
In
1990, Judge Poston began working part-time as a referee, hearing
implied consents and default divorce dissolutions. While doing
this work, she realized she loved actually being presented with
the facts and making the decision. While refereeing, she learned
how to conduct herself in the courtroom, to make evidentiary
rulings, and to render opinions that were solely based on her
judgment. She later refereed civil defaults. Realizing that she
was capable of being a judge, she decided to pursue that goal in
1996 when a seat became vacant. Her husband fully supported her
resolve and she feels that his support made it possible for her
to go ahead and realize her goals.
Judge
Poston came to believe that for a trial court the pursuit of
justice almost always means following the law and that it is
best to take the time to listen, obtain all the facts, apprise
oneself of the law, be firm, render an opinion following the
law, and get it right the first time, because a careless opinion
can have dire consequences. She has learned by observing many
settlement negotiations, when to push toward a settlement, and
when to let someone have their day in court; that there are no
big or small cases, they all are very important. She has
observed that, for most people, appearing before a judge will be
a onetime experience, and she knows the importance of making it
a meaningful experience by doing her job well.
What
will Judge Poston be like as a judge? Above all, she will be
prepared. She will have read the papers before her very
carefully. In all the years that I have known her as a referee,
she was never once unprepared for a calendar. Judge Poston’s
only goal on the bench will be to learn all there is to learn
about the case before her. She will be meticulous and thorough.
She will concentrate only on the case and not look critically at
the lawyers or their performance. She will be gracious and open
on the bench and will encourage dialogue between lawyers and
herself. Her advice to the lawyers appearing before her would
be, "Think only about your case, and don’t worry about
anything else."
Judge
Poston has worked long and hard to achieve her goal of becoming
a judge and she feels that she is ready to do the work that she
was elected to do.
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