Judge considers whether wheels of justice should shut down

All sides in the shutdown case presented arguments in Ramsey District Court in St. Paul on Monday, June 27, 2011. After the hearing, Frederick Knaak (second from right) talked strategy with the intervening Minnesota State Sens. Sean Neinow, Scott Newman and Roger Chamberlain. (Photo by Richard Sennott/Star Tribune, pool)

A judge is considering whether the state's judicial system should continue to be funded in the event of a government shutdown.

Minnesota Attorney General Lori Swanson is asking the courts to continue funding for the judicial system if Gov. Mark Dayton and the Republican controlled Legislature fail to reach a budget deal by Friday. During a hearing in Ramsey County court today, Deputy Attorney General Nate Brennaman said failing to keep the courts running would jeopardize the constitutional right to a speedy trial, endanger people's right to have lawyers and fail to make sure children are protected from abuse and violence.

"Without a functioning court system, Minnesotans constitutional rights would not be afforded," Brennman said. "The courts are the forum and the protector of Minnesotans constitutional rights."

Dayton and the Board of Public Defense support continued court funding.

But Fritz Knaak, an attorney representing four Republican senators argued that funding the courts without legislative authorization is unconstitutional.

"Let me be that quiet voice in the middle of all of the rancor of need, need, need, need and necessity and everything else that everyone knows in state government needs to do, that quiet voice that says, 'you can't. The constitution doesn't allow it. There must be an appropriation.' "

Knaak's comments were quickly rebuked by the other attorneys in the case.

"With respect to Mr. Knaak's quiet voice," Christopher Madel said. "I'll raise him the loud voice of the U.S. Supreme Court in Gideon vs. Wainwright."

That's the case that guarantees people accused of crimes who can't afford lawyers the right to counsel.

Madel, who is representing the Board of Public Defense said he can't believe the four senators are arguing the courts should not continue to be funded.

"Are we really saying that we're going to stop paying you and public defenders in this state and let these people go into a jail without any right to counsel and without any opportunity to get out and have a fair hearing in the courts?"

Knaak says the only remedy is for the governor to call the Legislature back into special session to act on the budget bills. Dayton says he won't call a special session until there's agreement on a total budget.

Dayton and the Legislature are at odds over the best way to erase a $5 billion projected budget deficit. Dayton wants to raise income taxes on Minnesota's top earners. Republicans say the deficit can be erased through spending cuts.

Judge Bruce Christopherson, a retired judge from Granite Falls, is taking the request under advisement.

"I do understand that promptness is important," Christopherson told the court. "But correctness is essential."

Christopherson is hearing the case because Ramsey County Judge Kathleen Gearin recused herself due to a possible conflict of interest.

You can listen to the hearing in two parts.

Part 1:

Part 2:

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