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Judge Warren Sagstuen

Born:

1945

Education:

1972  JD University of Minnesota
1967  BA  University of Minnesota

Recent Career:

2000  Judge, Fourth Judicial District
1976  Hennepin County Public Defender’s Office
1973  LeFevere, Leffler, Hamilton & Pearson

Elevated to Bench:

Appointed by Governor Jesse Ventura in 2000.  
Elected in 2002.

Previous Assignments:

11/2000 to 12/2002

Criminal

1/2003 to Present Juvenile

Current Assignments:

Juvenile.

 

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

Read Profile from

Published in 
January 2001

 

 
     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)

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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