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Judge
Richard Scherer |
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Born: |
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1946 |
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Education: |
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1975
JD University of Minnesota Law School
1968 BA Gustavus Adolphus College |
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Recent
Career: |
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1994
Judge, Hennepin County District Court
1975 Attorney, Castor, Klukas, Scherer &
Logren
1972 Teacher, Robbinsdale Senior High
1970 U.S. Army
1968 Teacher, Robbinsdale Senior High |
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Elevated
to Bench: |
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Appointed
by Governor Arne Carlson in 1994.
Elected in 1996 and 2002. |
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Previous
Assignments: |
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7/1994 to 12/1998 |
Criminal |
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1/1999 to 5/2000 |
Civil Block and
Criminal |
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6/2000 to 12/2002 |
Juvenile |
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1/2003 to Present |
Civil 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 |
3 |
7.8 |
8.5 |
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Tried by Jury |
6 |
15.1 |
14.3 |
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Settled (Includes Closed
by ADR) |
111 |
7.9 |
7.9 |
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Closed Summary
Judgment |
4 |
8.2 |
7.3 |
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Dismissed |
9 |
4.6 |
5.1 |
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Closed by Arbitration |
7 |
7.0 |
6.6 |
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Other Closed |
39 |
3.8 |
2.7 |
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Closed by Admin. |
1 |
1.1 |
0.4 |
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Total: |
180 |
7.0 |
5.7 |
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Read
Profile from

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Published
in
Jan/Feb 1995 |
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Civil Courtroom Procedures/Working with the Judge |
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1. What
are your preferred procedures regarding motion practice?
Schedule motions as far in advance as possible. Assume the judge
has read all submitted papers, including attachments – if
reasonable – prior to the hearing. Limit oral argument
accordingly. You will always be permitted a record, if desired,
but chambers discussions are invited if the parties are
comfortable with written submissions. All motions will be decided
as soon as my schedule and time for appropriate consideration
provides
2. What
are your preferred procedures regarding hearings?
Please stand when
addressing the court. Professional courtesy toward opposing
counsel is mandatory, and counsel should realize discourtesy will
not be tolerated.
3. What do
you expect the attorneys to have ready at the pretrial
conference?
In my mind, the purpose
of a pretrial conference is to seriously discuss settlement and/or
to discuss potentially problematic trial issues. Counsel should be
prepared to seriously discuss settlement and identify potentially
problematic trial issues should trial be necessary. Counsel SHOULD
NOT arrive at pretrial requesting a continuance or further
discovery unless all parties agree and for good cause. I consider
the pretrial as a last opportunity to avoid trial, but invite the
parties to ask for a second pretrial if my efforts may assist in
settlement of their case. I do not participate in settlement
discussions on the day of trial. On trial day, we call a jury.
4. At what
point to you expect the parties to undertake ADR, if at all?
Except conciliation court
appeals and medical malpractice cases, all parties will be
referred to ADR unless all parties agree it is inappropriate. The
court must approve skipping ADR if the parties feel it is
inappropriate. ADR should be completed before a court pretrial is
scheduled, although the court will agree to a pre-ADR pretrial if
the parties agree it might facilitate settlement.
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.?)
ANYTIME!! A settlement
agreeable to the parties – the clients – is always preferable to
any resolution imposed by a jury or by rulings made by a judge. As
a judge, I pledge to any who appear before me that I will do my
ultimate best to make the fairest ruling I can, without
preconceived opinions. Nonetheless, whether you seek a ruling from
me or a jury, no resolution is more favorable than one acceptable
to both parties to a controversy..
6. Do you
require that a person with ultimate authority to settle be
present at settlement negotiations?
Yes, unless with prior
approval of the court. I will be flexible on this issue, unless it
will, in my opinion, impede true settlement negotiations or if I
feel someone is not negotiating in good faith. Should I feel, on
the other hand, that a party is not operating in good faith or
without just cause for non-appearance, I am not adverse to
imposing significant sanctions for non-appearance when ordered.
7. How do
you expect the parties to handle discovery disputes (including
calling you for a ruling during a deposition)?
I expect all to be first
and foremost gentlewomen and gentlemen. Counsel should not expect
the court to be available on moment’s notice to handle their
bickering. Most of these issues can be handled with ordinary
civility. Any unsolvable issue should be identifiable well in
advance. Normal discovery disputes should be handled according to
the Rules of Civil Procedure, and should only involve the court if
necessary. Telephone conferences are preferable to in-court
proceedings related to discovery issues.
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.
These are possible. The
process should be initiated by requesting counsel well in advance.
Hearing can be recorded by the court’s reporter through speaker
phone, but accuracy of record not guaranteed.
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)?
Just use common sense.
Stand when addressing the court – not for me – for the office. Use
a podium or not when addressing the jury – your choice. ALWAYS be
courteous to opposing counsel – life is too short and all of our
jobs are too stressful to add an unneeded and unnecessary element
to what we are all about!!! You may pass notes and communicate
with your client as long as it is not distracting from the
proceedings. PLEASE, no cell phones or pagers!!!
10. When,
if ever, would you consider issuing sanctions, formal
reprimands, holding an attorney in contempt, or reporting an
attorney for unethical behavior?
In ten years I have only
come close once. Only if counsel deviates so far from acceptable
behavior, or repeatedly violates court orders.
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?
Counsel or staff
may freely communicate with my staff regarding scheduling issues.
Parties may only communicate with the court with prior approval of
adverse parties, whether by phone, fax, mail or email.
12. What
is your practice with granting continuances and under what
circumstances would you consider granting one?
A stipulation of the
parties for a continuance does not control. ANY request for a
continuance will be looked upon with disfavor, but will not be
rejected out of hand.
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?
ALWAYS assume I have read
supporting papers prior to oral argument.
14. What
do you consider to be the basic requirements of good oral
argument (including the amount of time appropriate for oral
argument)?
A. Assume your brief, and
opponents, has been read
B. Articulate the FIVE (5) KEY FACTS most important
C. Case-specific reasons to rule in client’s favor
D. Public Policy reasons to rule in client’s favor
15.
What preferences do you have for jury trials? How do you prefer
voir dire to be conducted?
I conduct a short (45 minute)
general voir dire, and then allow the attorneys to question. The
attorneys can then strike their peremptories “at the end.”
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Judicial Profile from The Hennepin Lawyer (64:3:14) |
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Richard
Scherer
Originally published in
the January/February 1995 issue.
Author: Stephen C. Fiebiger
Richard S.
Scherer was sworn in as a district court judge on July 5, 1994,
following appointment by Gov. Arne Carlson. Judge Scherer, a
longtime resident of Hennepin County, comes to the Hennepin
County bench following 19 years in private practice with the law
firm of Castor, Klukas, Scherer & Logren, of Minneapolis.
Judge Scherer
grew up in the western Hennepin County suburb of Hopkins and graduated from Hopkins High School. He taught English and history at Robbinsdale Senior High after graduating
from Gustavus Adolphus College in 1968. Judge Scherer’s
teaching career was interrupted with a two-year stint in the
U.S. Army, including service in Vietnam. While in Vietnam he
learned to speak the Vietnamese language. After the army, he
returned to teaching at Robbinsdale.
Judge Scherer
left teaching to enter law school at the University of
Minnesota, where he graduated cum laude before entering
private practice in Minneapolis. Scherer’s private practice
concentrated almost exclusively in the area of civil litigation,
with emphasis on insurance defense, products liability,
automobile and general liability, personal injury and property
damage, toxic tort, declaratory judgment, no-fault and
commercial litigation, among others. He also worked in the area
of alternative dispute resolution, both as an advocate and as a
dispute resolver. In comparing his new position to private
practice, Judge Scherer noted that "my role changes; I am
no longer an advocate. I am trying to do what is fair. I need to
filter through the arguments of attorneys and decide."
Judge Scherer
enjoys his new job, particularly the variety he sees. He
commented, "Every day is different; I never know what the
day is going to hold." He enjoys dealing with people
constantly and observes that "a lot of what it takes [to be
a judge] is the ability to read people" because he is
required "to make judgments in a very brief period of
time." To most people, according to Scherer, a judge is an
"unknown quality." The judge noted that most people
have limited contact with the court system.
After first
taking the bench, Judge Scherer spent some time floating through
different court assignments, such as in custody, out of custody,
court trials, suburban courts, and meeting with staff from the
probation department and county and city attorney offices. Judge
Scherer adds that "the support people in the court system
are absolutely fabulous in their professionalism, help, and
suggestions." He says that people in the system are all
"very helpful and open." According to Scherer,
"They get too little credit in how the system
operates." The judge emphasized his strong belief that
court staff "really do have good hearts."
Since his
appointment, Judge Scherer has conducted some court trials. He
estimates that approximately three thousand to four thousand
people have come through his court in about three months. He
will be on criminal assignments for about a year and then begin
receiving civil assignments.
Judge Scherer
also observed the following about his role on the court: No
matter how small the matter that brings the person into the
courthouse, it’s a critical matter to that person and warrants
the attention of the district court.
The judge
practices what he preaches. While assigned to the suburban court
at Southdale, Judge Scherer was approached by a maintenance man
who inquired about getting married at the court building. Judge
Scherer not only answered the man’s question but also
conducted his wedding.
At Judge Scherer’s
August 19 public swearing-in ceremony, he noted, among other
things, some of his hopes:
My hope is
that all of us can approach the task with HEART, with FAITH,
and with TRUST:
HEART
tempered with compassion and empathy yet strong enough to
realize that neither compassion nor empathy alone is enough to
make a difference;
FAITH
that improvement is possible always regardless of how hopeless
the situation may appear at the onset; and
TRUST
that hard work, cooperation, and creativity will accomplish
more any day than resignation or complacency ever can.
The judge also
remarked at his swearing-in ceremony that:
New to the
bench, the process of judging others is at times disquieting,
despite years of practicing law.
To judge, it
seems, is to attempt to call into perspective the lives of
others within the context of the larger community.
Even in my
brief experience, judging others requires insight not only
into community, but also into the life of another who may well
(and usually will) come before the bench from a
background totally different from that which any of us bring
to the bench.
The process of
doing justice, then, is fluid, demanding, and difficult. But,
it is the task faced daily, and moment by moment, by each of
us who presume to sit in judgment of others. The task should
be accomplished, as well as possible, with patience,
with compassion, with dignity, and with humility.
Judge Scherer’s
wife, Nancy, works in human resources at Norwest Bank. They have
two children —Matt, age 10, and Cary, age 7—and live in
Edina. Judge Scherer spends a lot of his free time with his
children and describes himself as a "chauffeur" for
all of their activities. He has been active with Cub Scouts,
done volunteer work with the Children’s Home Society, served
on the board of directors of Edina Montessori, and volunteered
time to his church. He enjoys camping, fishing up north, and
skiing with his kids in the metro area. Judge Scherer also
enjoys reading, but says there is too little time for pleasure
reading. He recently read A Soldier of the Great War by
Mark Halpern, a book about World War I.
The judge
observed that "there’s no way to put into words some of
the things that go through your head when somebody’s in front
of you at the bench with their small problem or large
problem." According to Scherer, "A judge’s real
judge is the people he serves." We look forward to Judge
Scherer’s service on the bench in Hennepin County.
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