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Judge
Warren Sagstuen |
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Born: |
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1945 |
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Education: |
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1972
JD University of Minnesota
1967 BA University of Minnesota |
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Recent
Career: |
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2000
Judge, Fourth Judicial District
1976 Hennepin County Public Defender’s Office
1973 LeFevere, Leffler, Hamilton & Pearson |
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Elevated
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Appointed
by Governor Jesse Ventura in 2000.
Elected in
2002.
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Previous
Assignments: |
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11/2000 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.
Criminal
Court. |
Communications
1. Do you
permit attorneys to communicate with the court via e-mail?
Yes.
warren.sagstuen@courts.state.mn.us
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?
Routine
inquires, not involving argument, are acceptable. Counsel should
subsequently convey the fact and gist of the conversation to
opposing counsel.
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)?
I have
not conducted telephone proceedings.
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?
The most common errors
are not being prepared, not talking to clients, and not speaking
clearly. Good advocates are prepared and concise.
5. What are your criteria and practice for granting
continuances?
Each
request is evaluated on a case-by-case basis, continuances are
granted for good cause. I recognize that things happen
which necessitate a continuance.
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)?
Actions that are obviously disruptive, or do in fact disrupt the
proceedings, will provoke a response from the bench. Otherwise, I tend
to be on the more casual side of things. I want to
facilitate getting the job done.
7. When,
if ever, would you consider issuing sanctions, formal
reprimands, holding an attorney in contempt, or reporting an
attorney for unethical behavior?
Clearly
unethical behavior requires a report. Lesser transgressions
will lead to a discussion. Sanctions in my mind, are the last
resort rather than a first
response.
Trial
8. What are
your procedures concerning pre-marking of exhibits?
If
exhibits are numerous, I prefer them pre-marked. In short
trials, with few exhibits, the exhibits can be marked when
identified.
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?
Trials,
both jury and bench trials, will run from 9 a.m.-12 p.m., and
from 1:30-4:30p.m. There will be breaks at about the
midpoint of each session.
10. What
is your practice concerning bench conferences during a jury
trial?
They are
generally off the record, unless the attorneys request the
conference be on the record. Problems which are foreseen
should be aired ahead of time.
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The Judge's Juvenile Courtroom Procedures and Advice
Provided 05/03 |
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1.
Do you view your term in juvenile court as a positive or
negative assignment?
Very positive.
2. Do
you have any prior personal or professional experience in
juvenile court?
Yes. I headed the Juvenile
Division of the Hennepin County Public Defenders' Office starting
in 1978, and handled trials and appeals from Juvenile Court up
to my appointment to the bench in 2000.
3. Are you
currently using any types of ADR in juvenile court, in
particular family group conferencing and restorative justice
programs?
I am open to using these programs in
appropriate cases.
4. Do you have
any new or innovative ideas that you are implementing to manage
the high volume of juvenile court cases?
We are doing calendar searches to
located future dates on other cases not on our calendar, and
consolidating those cases on to our hearing date.
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?
Yes, with some exceptions. We continue to review out-of-compliance
cases on a regular basis to achieve compliance. There are
generally good reasons if cases are out of compliance.
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)?
We try to be flexible in the Court's
schedule in order to accommodate the many other participants.
We understand that there will be delays in starting a hearing
that are unavoidable. We generally schedule the next hearing at
the conclusion of the current hearing, or else use e-mail to
contact the parties.
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)?
Private attorneys need to be aware of
court rules and orders. We have the responsibility of
mailing our orders to the participants, and try to do that on a
timely basis.
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?
There is a form for private CHIPS, but
not for private TPR. In most cases, the court will serve the
documents, but a private attorney is allowed to make service if
requested. There is a filing fee charged.
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?
Go to the adoption clerk.
10. Are you allowing
motions to be heard at pre-trial conferences?
Yes, with the proper notice.
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?
On a case-by-case basis, I will encourage settlement, but I will
not pre-judge a case.
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?
I will have the attorneys go over
the file and determine what documents are uncontested, and then
rule on the contested documents.
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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?
My expectation is that the attorneys would have a basic
familiarity with the facts of their case, and would be able to
provide information that would allow me to make appropriate
decisions concerning release of the defendant. The attorneys
should be aware of the applicable time lines under the local and
state rules, and make every attempt to comply with those time
lines.
2. What
do you see as the bench’s role in settlement at the pretrial
stage?
I will not try to force a
settlement, but I am willing to facilitate a settlement.
3. If so, what
limitations do you place on ex parte contacts with your staff?
My staff is aware of the restrictions
on ex parte contacts. However, we have no problem with ex parte
contacts to resolve problems, clarify information, or to
schedule hearings. Anything involving substantive issues,
however, should be with the participation of opposing counsel.
4. When a
matter is assigned to you for trial, do you attempt to
facilitate settlement before beginning trial?
Yes. I will not try to
force a settlement, but I am willing to facilitate a settlement.
5. When
in trial, what hours do you normally use for the trial itself
(including breaks and lunch recesses)?
Trial would start at
9:00 a.m., with a short break about 10:30 p.m.. Noon recess is
at 12:00 p.m., reconvening at 1:30 p.m. Again, we will
have a short break about 3:00 p.m., and adjourn for the day at
4:30 p.m.
6.
What policies do you have concerning weapons, firearms and
ammunition exhibits in the courtroom?
These should all be
checked and cleared with the deputy in the courtroom. All
weapons and firearms should be secured with appropriate locks
and safeguards, so they cannot be misused in the courtroom. They
should also be kept out of sight of the jury until they are
brought forward as evidence. Also, I would like to know about
them in advance of the trial.
7. What
policies do you have concerning drugs and other sensitive
exhibits in the courtroom?
I would like to know about their
presence in advance of the trial. They should be kept out of
sight of the jury until they are brought forward as evidence.
They should be kept in a secure container so they cannot be
mishandled during the trial.
8. Do
you have any other specific policies concerning exhibits?
They should be pre-marked, if
possible, and shown to opposing counsel prior to the trial so
there are no surprises or delays during the trial itself.
9.
When do you discuss proposed jury instructions with attorneys?
I have my proposed instructions on my
computer, so I can tailor them to the trial quite quickly. If
attorneys have proposed instructions, I would like to see the
proposed instructions as soon as possible. I try to get my
proposed instructions to the attorneys within a day or two of
starting the trial, so the attorneys can make suggestions for
changes or additions as early as possible. We can make changes
right up to the time of the instructions, and run a final draft
at that point. I give the jury a written copy of the
instructions to take back into deliberations.
10.
What are your policies concerning jury sequestration?
My preference is to not sequester the
jury, but will do so if requested.
11. Do
you have any specific policies or practices concerning
pre-sentence investigations or sentencing?
No. If a sentencing hearing is
contemplated, I would like to know that ahead of time so we can
set aside sufficient time to hold the hearing.
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Judicial Profile from The Hennepin Lawyer (70:1:8) |
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Warren
Sagstuen
Originally published in
the January 2001 issue.
Author: Bruce H. Hanley
I have had the pleasure of
knowing Warren Sagstuen for almost 25 years in the practice of
law. Our professional paths have crossed many times, as he has
worked for the Hennepin County Public Defender’s Office since
1976, when I first began practicing law. Except for a brief
stint in the Anoka County Attorney’s Office on a six-month
exchange program from November 1981 through May 1982, Sagstuen
has devoted his professional life to criminal defense. He has
devoted all of his professional life to public service,
including the period of time in the Anoka County Attorney’s
Office.
Sagstuen brings to the bench compassion,
competence, and a commitment to hard work. These are all
qualities that Gov. Ventura was looking for when he was making
his last round of judicial nominations in Hennepin County and
focused on Sagstuen to ascend to the bench from the Public
Defender’s Office. Sagstuen graduated from the University of
Minnesota as an undergrad in 1967. He was accepted to the
University of Minnesota Law School and began in the fall of
1967. However, those were perilous years, back in the late
1960s, and he was drafted into the Army after his first year of
law school in 1968. He completed basic training in Fort Lewis,
Wash., and was assigned as a personnel specialist to Fort
Gordon, Ga. In 1969, he was transferred to Vietnam, where he was
assigned as the administrative NCO to the adjutant general, U.S.
Army Headquarters, Vietnam. He was stationed in Long Binh. His
final rank was Specialist 5th Class, and he was awarded a Bronze
Star for Achievement for his work in Vietnam. Ten days after
returning from Vietnam Sagstuen reentered law school at the
University of Minnesota and graduated in 1972 with a J.D.
Sagstuen actually began as a prosecutor, a
part-time misdemeanor prosecutor in state court, working for the
former LeFevere, Leffler, Hamilton & Pearson law firm from
1973 to 1975. He not only handled the misdemeanor prosecutions
but also civil cases as needed.
Then, in 1976, Sagstuen began his career at
the Hennepin County Public Defender’s Office. He began as a
staff attorney, initially assigned to the Misdemeanor Division,
representing clients in traffic and criminal courts. As is the
case for all the dedicated public defenders that work for
indigent defendants, Sagstuen quickly received a dose of reality
and battlefield training in the criminal courts in Hennepin
County. The experience at the Hennepin County Public Defender’s
Office was priceless. He was exposed not only to the traffic and
misdemeanor criminal courts, but also, through the course of his
career, to numerous juvenile, felony, and even family court
cases. He later handled appeals to the Court of Appeals and
Minnesota Supreme Court. He has tried to verdict the full
panoply of public defender matters.
Sagstuen served from 1979 through 1986 as a
trial team supervisor. In that capacity he supervised six
lawyers practicing in felony, misdemeanor, juvenile and family
courts, while carrying a full caseload of his own.
In 1986, Sagstuen went to the Appeals
Division and has been the director of the Research and Appeals
Division of the Hennepin County Public Defender’s Office since
that time. He supervised attorneys and law clerks assigned to
the division, while carrying a full caseload. Westlaw currently
lists over 100 published and unpublished cases for which
Sagstuen was counsel.
Sagstuen is a member of numerous boards and
commissions, including the Minnesota Client Security Board;
Minnesota Supreme Court Evaluation Committee on Open Juvenile
Protection Hearings; Minnesota Supreme Court Advisory Committee
on Open Juvenile Protection Hearings; Minnesota Supreme Court
Foster Care and Adoption Task Force, Open Hearings Subcommittee;
and Hennepin County District Court Gender Fairness Task Force,
to name a few.
He has authored numerous articles on notable
cases, including serving as co-defense counsel in the U. S.
Supreme Court case of Minnesota v. Dickerson, 508 U.S.
366, 124 L.Ed. 2d 334, 113 S.Ct. 2130 (1993). Sagstuen has been
a frequent lecturer in Minnesota CLEs relating to criminal
justice, juvenile justice, and ethics issues for criminal
defense lawyers. Sagstuen has also been very active in the
Minnesota Association of Criminal Defense Lawyers and has been a
great resource relative to issues affecting the defense of
citizens accused of crimes.
Sagstuen feels that having been a public
defender for almost 25 years, he has a sense of why people are
appearing in court. He has been both prosecutor and public
defender, and can see both sides and understand all roles of the
criminal justice participants. He feels that he will not have to
make any type of philosophical shift in order to assume the role
and responsibility of being a judge. Sagstuen realizes the judge’s
discretion and wants to exercise that discretion fairly. Having
handled numerous appellate matters, Sagstuen understands the
role and the position of power that the judges have within the
system. He believes that judges are the last of the general
practitioners, because they must handle anything that appears in
front of them. They must be open to everything and willing to
learn. A trial judge cannot be arrogant, cannot be cloistered,
and must be willing to do the work necessary to provide everyone
with a fair hearing and to understand the issues brought before
the court.
Sagstuen believes that having been a private
attorney, a public defender, a prosecutor, and having appeared
in juvenile court and adult court, dealing with felonies,
misdemeanors, and appeals, as well as trials, he has a broad
understanding of the criminal justice system. He has handled
only a few civil matters, but will quickly get up to speed on
the broad civil practice that will be brought before him. He has
had a significant exposure to the civil rules through his
appellate work.
Sagstuen has met many members of the civil
and criminal bar through his bar association activities. He has
not wanted to become too narrowly focused on the criminal
practice in his professional activities. He said it is too easy
for lawyers and judges to get narrowly focused and not realize
what one doesn’t know. His goal always as an appellate lawyer
was to focus his position on the law and the facts and craft the
appeal based on his perceptions of what they were in the
particular case.
Sagstuen’s hobbies are biking, running,
skiing, and photography. He is also a licensed private pilot,
but has not flown for a number of years. I asked Sagstuen why he
threw his hat in the ring for a potential judgeship, and he
indicated that after doing public defender work for many many
years, he decided that he needed a new challenge. He thought
that being a decision maker, i.e., a judge, instead of an
advocate would be that new challenge. Sagstuen expects that this
challenge will be an interesting, exciting change in his
professional life.
Sagstuen’s whole career has been focused on
public service law. He felt he knew what the job of being a
judge was about and thought he could do a good job and make a
positive contribution to the Hennepin County district bench.
Being a judge is a natural extension of Sagstuen’s decisions
made 30 years ago to focus on public service, and he will
continue to serve the citizens of Hennepin County for years to
come in a positive way on the Hennepin County district bench.
Sagstuen’s last day at the Public Defender’s
Office was Oct. 31, 2000, and he started as a judge on Nov. 1,
2000, hitting the ground running.
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