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Judge
Kathryn Quaintance |
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Born: |
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1955 |
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Education: |
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1986
JD Rutgers Law School
1977 BA Smith College |
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Recent
Career: |
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2000
Judge, Fourth Judicial District
1999 Deputy Hennepin County Attorney
1996 Senior Hennepin County Attorney, Domestic Violence
Unit
1990 Hennepin County Attorney Office - Criminal
Trials
1986 Robins, Kaplan, Miller & Ciresi |
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Elevated
to Bench: |
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Appointed
by Governor Jesse Ventura in 2000.
Elected in
2002. |
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Previous
Assignments: |
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12/2000 to 12/2002 |
Criminal |
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1/2003 to Present |
Juvenile |
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Current
Assignments:
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Juvenile |
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More
information on this Judge is available from the District
Court
Website
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Read
Profile from

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Published
in
January 2001 |
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How I Manage My Courtroom: Juvenile
Court.
Civil
Court. |
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The Judge's Juvenile Courtroom Procedures
and Advice
Provided
04/03 |
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to Top |
1.
Do you view your term in juvenile court as a positive or
negative assignment?
Positive. The work of juvenile court is a crucial
opportunity for intervention on both the criminal and child
protection sides.
2. Do
you have any prior personal or professional experience in
juvenile court?
No. Although I did prosecute
adult felony child abuse cases.
3. Are you
currently using any types of ADR in juvenile court, in
particular family group conferencing and restorative justice
programs?
I use family group conferencing on appropriate
cases.
4. Do you have
any new or innovative ideas that you are implementing to manage
the high volume of juvenile court cases?
Having been here only since December I
am still learning about the problem. It would be premature
at this point for me to offer any "solutions" but I
will not hesitate to suggest change when I feel it would benefit
the whole system rather than simply shift the burden.
5. Are
you in compliance with the timelines in the new Rules of
Juvenile Court Procedure and the Adoption and Safe Families Act,
and if not, what procedures are you implementing to attempt to
get in compliance?
I inherited a few very difficult child protection cases which
are out of compliance. They are being set for trial or
resolved.
6.
How do you schedule hearings on these cases that often
involve four or five attorneys (county attorney, public defender, attorneys for
parent(s), children, guardian ad litem, etc.) and what are you
doing to handle the delays that often arise in starting the
hearing when all of the attorneys may not be present and many
not be handling other matters in other courtrooms (especially
county attorneys and public defenders)?
The attorneys agree on dates. If
someone is not available it is their responsibility to send a replacement.
I have practiced as a litigator and attempt to be reasonable
about scheduling. I expect a phone call if an attorney is
delayed elsewhere.
7. How
do you make sure that private attorneys are kept apprised of
possible "standing juvenile court orders" and even
that the private attorneys get copies of the orders from their
own cases given that the system is so much more geared to
government attorneys (i.e. county attorneys and public
defenders)?
My clerks send copies of orders to all
attorneys of record. Private attorneys practicing in the juvenile
court should make it their business to familiarize themselves
with "standing orders."
8. Is
the court administrator using the Supreme Court forms for
private CHIPS petitions and private TPR petitions? Is the
court taking responsibility for serving these documents and is a
filing fee being charged?
Our court administrator could answer
this question
9. With private
placement adoption pleadings that receive ex parte review, do
you prefer that these go to the adoption clerk or directly to
the signing judge?
To the adoption clerk.
10. Are you allowing
motions to be heard at pre-trial conferences?
Yes.
11. Do you actively
engage yourself in settlement negotiations at pre-trial
conference, including expressing what you would do on the case
if you were asked to decide it then?
Yes. I attempt to assist the parties in settlement but I
do not strong arm anyone. I try to present alternatives that
may not already be on the table. I also communicate
whether I believe the offer to be reasonable.
12. Do you routinely
allow the entire child protection file into evidence of do you
require each document in file to be admitted separately and in
compliance with the rules of evidence?
Each document should be file individually so that
I read only those relevant to the current issue. This allows
objections to material which is irrelevant without proper
foundation.
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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?
Not answered by the Judge.
2. What
are your preferred procedures regarding hearings?
Not answered by the
Judge.
3. What
do you expect the attorneys to have ready at the pretrial
conference?
Prosecutor should tender
an offer before the pretrial if possible to allow the defense
attorney to discuss it with his/her client in advance. All
discovery should be up to date as of the pretrial date.
4. At
what point to you expect the parties to undertake ADR, if at
all?
Not answered by the
Judge..
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 question # 3 above
6. Do
you require that a person with ultimate authority to settle be
present at settlement negotiations?
Yes. Any approval from
supervisors should be obtained in advance, having anticipated
counter offers.
7. How
do you expect the parties to handle discovery disputes
(including calling you for a ruling during a deposition)?
Anything disputed should
be subpoenaed for in-camera review pursuant to the case law.
Witness lists should be exchanged in advance of the trial date.
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.
All criminal matters
require the presence of the defendant, making phone conferences
impossible.
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)?
Exhibits shall be
premarked without party designation. States exhibits start at
#1, defense exhibits start at !00 or some lower agreed upon
number. Attorneys should arrive at least 5 minutes early. If any
evidentiary matter needs to be addressed that will be done
before court or at the lunch break. Attorneys shall not argue
objections, offer to stipulate, or make requests of the other
party before the jury. Offers of proof should generally be made
in writing during recesses. Attorneys shall address the court,
not each other with objections, requests, comments. They should
conduct themselves with the appropriate formality addressing
court personnel, witnesses, parties, opposing counsel and the
members of the jury by their last names. The rules of decorum
should be followed. Cell phones and pagers may not go off during
court. Water is provided at counsel table. Any other beverages
should be in cups without labels. (no product placement)
10.
When, if ever, would you consider issuing sanctions, formal
reprimands, holding an attorney in contempt, or reporting an
attorney for unethical behavior?
If the rules of decorum
are repeatedly violated. If direct orders are ignored.
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?
There should be no
ex parte communication in criminal matters. Communication with
the clerks should be for the purposes of scheduling only.
12.
What is your practice with granting continuances and under what
circumstances would you consider granting one?
As the rules and the case
law dictate.
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.
14.
What do you consider to be the basic requirements of good oral
argument (including the amount of time appropriate for oral
argument)?
Arguments should
generally last no longer than 15 minutes per party, should not
reiterate matters already briefed and should identify what the
party arguing sees as the most salient points. If I have
specific areas of interest, I will interrupt with questions.
15.
What preferences do you have for jury trials? How do you prefer
voir dire to be conducted?
The Jury Task Force report
recommendation on jury selection will be followed.
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Judicial Profile from The Hennepin Lawyer (70:1:20) |
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Kathryn
Quaintance
Originally published in
the January 2001 issue.
Author: Susan L. Segal
Lauded
by Gov. Jesse Ventura as a judicial appointee with "a great
combination of book smarts and street smarts," Kathryn
Quaintance is a remarkable addition to the Hennepin County
bench. Quaintance has depth of substantive legal expertise,
strong administrative skills, and the strength of personality
that will ensure her courtroom is a place where the best and
highest principles of our judicial system are always in control.
Quaintance
comes to the bench from her position as the deputy Hennepin
County attorney in charge of the Criminal Division. She has been
a prosecutor in the Hennepin County Attorney’s Office since
1990. As an assistant Hennepin County attorney, Quaintance won
wide respect for her work in prosecuting sex offense, child
abuse, and homicide cases. In 1996, Hennepin County Attorney
Mike Freeman promoted Quaintance to a supervisory position,
managing the Domestic Violence unit of the office. In that
position, Quaintance spearheaded a policy of prosecuting
domestic violence felony cases even when the victim declined to
cooperate. Quaintance was presented in 1998 with the Children’s
Justice Act Award for leadership in advocacy for children. In
1999, WATCH, a nonprofit organization that monitors court
activity relating to domestic violence, sexual assault, and
child abuse, presented her with the Gold WATCH Award.
Michael
Colich, a criminal defense attorney who has had many cases
against Quaintance, characterizes her as one of the toughest
opponents he has battled, but states that she is never without
compassion. He believes she will bring to the bench the ability
to understand the law and the responsibilities of the job, while
according parties the type of fair and respectful treatment they
would hope to receive from the court.
In
January 1999, Hennepin County Attorney Amy Klobuchar appointed
Quaintance to the position of deputy Hennepin County attorney in
charge of the Criminal Division of the office. Quaintance has
provided able leadership to the office in that job and has
helped implement the community prosecution initiative, a
lynchpin of Klobuchar’s administration. Quaintance and County
Attorney Klobuchar also have a personal connection, predating
the county attorney’s office. Klobuchar was present the night
that Quaintance met the man she would later marry, though
Klobuchar denies that she served as a matchmaker.
Klobuchar
echoes the sentiment expressed by Governor Ventura in his
announcement of Quaintance’s judicial appointment, that
Quaintance will be able to "hit the ground running."
Klobuchar notes that Quaintance is not only an excellent lawyer,
but also has a strong grasp of system issues that face the court
system and will undoubtedly continue to work for greater public
accountability of the court system from her new position on the
bench. On the subject of Quaintance’s administrative talent,
Klobuchar reflects that anyone who can successfully manage the
Criminal Division of the prosecutor’s office of a major county
is fully equipped to handle anything and everything that might
come her way.
Quaintance
grew up in Highland Park, N. J., the daughter of an English
professor and a librarian. Foreshadowing her future as a trial
attorney, Quaintance took an early interest in drama and
graduated from Smith College in 1977 as a theater major. She
worked as an actor at a theater in Northampton, Mass., and in
New York City, "way, way off Broadway," notes
Quaintance. Perhaps also in preparation for her future as a
judge, Quaintance appeared in a number of soap operas while in
New York. Quaintance pointed out that this is one prior job
experience that she and Governor Ventura have in common, but she
never had the opportunity during her interview with the governor
to share this with him.
Quaintance
graduated from Rutgers Law School in Newark, N. J., in 1986. She
spent a summer clerking at the Manhattan District Attorney’s
Office while at law school. She worked at the office when Andrew
Cuomo and Henry Kissinger’s son were assistant district
attorneys, but missed John F. Kennedy, Jr., who did not arrive
until later. She worked with some of the top prosecutors in the
country and loved the experience. After graduation, Quaintance
headed to Minnesota and was an associate with Robins, Kaplan,
Miller and Ciresi from 1986 to 1990, where she worked on complex
civil litigation matters.
Quaintance
lives in Minneapolis. She is married to Richard Sullivan, a
psychologist at the Minnesota Correctional Facility at Shakopee,
and the mother of two active boys: Conor is 6 years old and Owen
is 4. While the boys might try some mischief from time to time,
they also agree with the assessment expressed by our governor
about Quaintance, that "nobody can pull the wool over her
eyes." Quaintance is involved in the community and serves
on a number of professional and nonprofit boards and committees,
including the Minnesota Supreme Court Criminal Rules Committee
and the board of the New Classic Theater Company.
Quaintance
is excited about her new role as a judge. She states she is
happy to be getting back to the courtroom after two years of
focusing largely on administration. Quaintance is a skilled
trial lawyer and even as a supervisor and deputy for the county
attorney’s office continued to try cases. Quaintance states,
however, that she is mindful of the restraint needed to be a
judge and will control any urges she might have to jump in and
help try cases for the lawyers appearing in her courtroom.
Quaintance notes that she has been in that position before and
will try to avoid that mistake.
Quaintance
believes this is an opportune time for her to join the Hennepin
County bench. She sees a commitment on the part of the bench,
the county attorney’s office, and the public defender’s
office to improve the accountability and efficiency of the court
system without compromising integrity. She has been actively
involved over the past two years in working with the judiciary
and the public defender’s office to make the justice system
more responsive to the public, not just to the system insiders,
and will continue to work toward that goal in her new position
as a judge. Quaintance commands the respect of her new
colleagues on the bench as well as the lawyers who will appear
before her. She is a wonderful addition to the Hennepin County
bench.
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