Star Tribune from Minneapolis, Minnesota • Page 12

12A. Saturday January 51991 Star Tribune Profiles: The Minnesota Supreme Court i i Divorce Continued from page 1A the legal system and the effects of divorce on children. Another recommendation would require judges to receive training in child development. But perhaps the most significant and costly of 23 recommendations made by the task force would provide lawyers for spouses who either go through divorces without them or don't get divorced at all because they can't afford $1,500 or more in legal fees. The report did not include a total price tag for the recommendations, many of which would require legislative action before being implement- J.

it 4 John Simonett Hometown: St. Paul (native of Mankato) Bom: July 12, 1924 Education: St. John's University, BA, 1948; Univ. of Minnesota, LLB, 1951 Career: Practiced law in Little Falls 1951-80. Appointed to court 1980, elected 1982 and 1988 Family: Wife Doris; 6 children M.

Jeanne Coyne Hometown; Edina (native of Minneapolis) 1 Bom: Dec. 7, 1926 Education: Univ. of Minnesota, BSL, 1955, JD1957 Career: Private legal practice in Minneapolis 1957-82. Appointed to court 1982; elected 1984 Esther Tomljanovich Hometown: Lake Elmo (native of Nashwauk) Bom: Nov. 1,1931 Education: St Paul College of Law, 1955 Career: Assistant revisor of statutes 1957-66; revisor of statutes 1974-77; district judge 1977-90, Appointed to court Aug.

31 Family: Married; 1 son Rosalie Wahl Hometown: Lake Elmo (native of Birch Creek, Kan.) Bom: Aug. 27, 1924 Education: Univ. of Kansas, BA, 1946; Wm. Mitchell College of Law, JD, 1967 Career: Assistant state public defender 196773; professor of law at Wm. Mitchell 1973-77.

Appointed to court 1977; elected 1978 and 1984 Family: 5 children Lawrence Yetka Hometown: Maplewood (originally from Cloquet) Bom: Oct. 1,1924 Education: Univ. of Minnesota; of Law School Career: Practiced law in Cloquet 1949-73; state representative 1963-73; special municipal pJge 1960-64; Cloquet city attorney 1 964-73. Appointed to court 1973; elected 1974, 1980, 1986 Family: Wife Ellen; 3 sons 2L Alexander Keith Hometown: Rochester Bom: Nov. 22, 1928 1 Education: Amherst College, 1950; Yale University Law School, 1953 Career: Mayo Clinic legal department 1955-60; private practice 1960-89; state senator 1959-62; lieutenant governor 1963-66.

Appointed to -Nghcourt Feb. 1, 1989; elected to chief justice Nov. 30 family; Wife Marion; 2 sons Star Tribune graphic tour women justices could affect issues 'By Donna Halvorsen and Kevin Duchschere JStaffWriters The appointment of a fourth woman the Minnesota Supreme Court has lifted an invisible glass ceiling for women judges, and could make a difference in how the court decides gender-based issues, the presidentelect of the National Association of Women Judges said Friday. Hennepin County District Judge iCara Lee Neville, who will assume the presidency of the national association later this year, said the four women won't necessarily vote as a bloc but will bring a different sensi-'tivity to the court on such issues as divorce and child custody. don't know that they'll change the focus of the court but I do believe we iwill feel a difference," she said.

Neville said Gov. Rudy Perpich's Supreme Court appointments have shattered "kind of a quota system" for women judges that operated on the assumption that if a particular court had one or two women, that was enough. Kim Mesun, a special assistant attorney general and president of Minnesota Women Lawyers, said she believes that the Supreme Court's new female majority could give cases involving families and children "the status they've been lacking." She said the women could have an impact not only in the way they look at cases but also in the cases the court decides to accept for review. Even if the women judges don't always agree, "I could see the focus of the court changing," she said. Studies support Neville's and Me-sun's view that the presence of women on the bench makes a difference.

A study several years ago by Diane Wall and David Allen, political scientists teaching in Mississippi and Colorado, respectively, found that women on the states' highest courts tend to be the most prowomen judges Gardebring, who favors abortion rights, said she is happy to be joining a court with female majority, and quipped, "The boys up there aren't bad, either." Gardebring, who has close ties to Perpich, served in several jobs and was a longtime favorite in his administration. It is her sixth appointment from the governor, and one of his last as he leaves office. When Perpich took office in 1977, his first appointment was to name Gardebring to head the Pollution Control Agency, and he New justice says appointment 1 Sandra Gardebring Hometown: Falcon Heights (originally Bismarck, N.D.) Bom: June 15, 1947 Education: Luther College. BA, 1969; of 1973 Career: Executive director Minnesota Pollution Control Agency; Metro Council chair; state commissioner of human services; Minnesota Court of Appeals since July 1989 Family: Husband, state Rep. Paul Ogren of gender an.

I decide cases as a judge, weighing facts and the law." However, the women on the bench bring to their decisions experiences not necessarily shared by their male colleagues, and those experiences "might give you some insight in how you decide certain things," she said. Mesun noted that Wahl was a law professor and public defender, Coyne a lawyer in private practice, Tomljanovich a trial judge and Gardebring an appellate court judge and agency administrator before their Supreme Court appointments. "Between the four of them, they bring a wide range of experience to the court," she said. Mesun said Gardebring will bring a different perspective to the court because she has worked in government in capacities other than as a trial lawyer. "As commissioner of human services, she's seen things a trial lawyer will never see," Mesun said.

Perpich treatment for their son because of their Christian Science beliefs. The opinion took into consideration citizens' religious freedom guaranteed under the First Amendment. Her husband, Paul Ogren, a state legislator from Aitkin and chairman of the House Tax Committee, and his two children, Sam, 12, and Shana, 10, watched her take the oath of office. "She thought (she might be appointed). I thought, 'Not a he said.

national attention for its weird twists and turns. Quinn, the House speaker pro tern from Coon Rapids, has been influential in legislating and regulating the growth of charitable gambling and other legalized wagering in the state. However, he has been criticized in recent years on ethical grounds. He was criticized recently for using charitable gambling money to finance a hockey team trip to Europe. He also was faulted by Carlson, as state auditor, for not verifying legal work that Quinn had charged to Anoka County government.

Perpich and his wife, Lola, have invited the public to join them at a mass at St. Luke's Catholic Church in St. Paul at 1 1 a.m. today, and an open house will follow at the governor's residence, 1006 Summit A from 1 to 6 p.m. needs.

Eddie Mahe, a GOP consultant and a major player in the Bush and Reagan election campaigns, said that if Yeutter takes the job, "he will have a seat at the table that will not carry any real weight when it comes to strategic decisions." Mahe called Yeutter's lack of political experience "obviously something of a handicap." "There is an overwhelming contrast with Lee Atwater," Mahe said. "Other than the office, there is no track between the two in terms of their backgrounds, strengths and weaknesses. Yeutter is as far removed as you can get and stay in the political spectrum." This report includes material from the Star Tribune's news services. The problems created for families by a lack of legal representation "are so severe, and the consequences of a failure to address them so grave, that a substantial commitment of state resources is warranted," the task force said in its report. The estimated annual price tag would be $3.5 million.

Task Force Chairman Patrick Leary, a lawyer from Marshall, said at a news conference yesterday that people seeking legal-services lawyers to represent them in divorces often remain on waiting lists for six months or a year. Without lawyers, he said, spouses remain stuck in abusive or otherwise undesirable relationships, or they end up with unsatisfactory property settlements or child custody arrangements. Leary conceded that the funding recommendation comes at a difficult time financially for the state. But he said the Legislature should decide as a matter of policy whether low-income people are entitled to free legal help in civil cases, as they are in criminal cases. "Does the Minnesota Constitution require that the citizens of the state of Minnesota have access to the courts regardless of their income? That's the question the Legislature has to answer," Leary said.

"If they decide the answer is yes, they have to come up with the funds." The report by the 24-member task force, including legal and family experts, is the result of an 18-month study of a family law system that has been criticized for being inaccessible, inequitable, expensive and frustrating. The report will go to the Bar Association's Board of Governors for approval on Jan. 18 and to its House of Delegates on Jan. 19. Many of the proposals would also require approval by the Legislature or the Minnesota Supreme Court Leary said the proposal for a fast-track divorce procedure was the most controversial among task force members.

In such cases, the divorce would be final within 30 days of the joint filing of a petition, and the cost would be limited to the $100 filing fee. But there also was concern that the interests of children might not be adequately protected. In response, the task force recommended that the procedure be implemented statewide for couples without children, but that a limited pilot project be set up to assess its impact in cases involving children. Another recommendation would provide divorce-related services, such as custody evaluations and visitation supervision, to all family law litigants throughout the state regardless of their ability to pay. State Court Administrator Sue Dosal, task force vice chairwoman, said such services vary in availability and quality from county to county.

She said no estimate has been made of the cost of providing uniform statewide services. Other recommendations included increasing child support, creating new spousal maintenance guidelines, and establishing statewide training for people who conduct custody and visitation evaluations. The report also called for increased use of sanctions for violating court rules, and stepped-up law enforcement in domestic violence cases. The task force said its recommendations would require "a substantial long-term commitment of both public and private resources: a commitment of time, of energy, and of money." Crash toll rises to 4 A 49-year-old man died Friday in Salt Lake City, Utah, of head injuries he suffered in a 50-car pileup on a foggy interstate, becoming the fourth victim of the chain of accidents. The accidents happened within minutes of each other Wednesday morning on Interstate Hwy.

215. Three people died Wednesday. Man robs city hall A man wearing a ski mask and holding a 1 0-inch handgun that resembled a toy space gun held up the city treasurer's office in Idaho Falls, Idaho. The man escaped with an undetermined amount of cash and $1,345 in checks. from page 1A on those courts despite differences in political philosophies.

In examining split decisions of the Minnesota Supreme Court between 1982 and 198S, the researchers rated Associate Justices Rosalie Wahl and M. Jeanne Coyne as "extreme liberals" on gender-conflict issues even though Wahl is perceived to be a liberal feminist and Coyne more conservative. Wahl, the first woman on the state Supreme Court, was appointed in 1977 by Perpich, and Coyne, the second, was appointed by IR Gov. Al Quie in 1982. No other state has more than two women on its court of last resort, and nearly half have none.

The National Association of Women Judges gave Perpich an award in October after he appointed District Judge Esther Tomljanovich as the third woman on the court, and Neville said she was delighted that he had named a fourth. "I'm very proud that it's happened in my home state," she said. picked her to head the agency again when he returned to office in 1983. He subsequently appointed her to be chairwoman of the Metropolitan Council and commissioner of human services. Colleagues on the Appeals Court praised Gardebring as bright, competent, versatile and a quick study.

One appeals court judge said Gardebring is known as a defender of people's rights, particularly those of criminals. "She takes a good look to make sure nobody is being railroaded. But when it comes down to cases, The atmosphere surrounding the 1 lth-hour appointments and deliberations was somewhat less than dignified. Many of the judges were sworn in under rushed circumstances and at all hours of the day. The governor's staff was scrambling to keep abreast of the situation and clear the way for Carlson, who will begin to move into the Perpich offices this weekend.

Sources close to Perpich said he has been under intense pressure for several days from judicial hopefuls who had been somehow encouraged that they were in line for appointment He reportedly did not decide on Gardebring, and the succession of appointments made necessary by her elevation, until yesterday afternoon. Gardebring's husband, state Rep. Paul Ogren, DFL-Aitkin, told report-' ers earlier in the day that he was convinced that Gardebring had been passed over. expressed disappointment that Bush had failed to choose someone "who had been directly involved in political races," either as a candidate or campaign manager. Boschwitz, a businessman, was a member of the Senate agriculture committee until his defeat by Paul Wellsione in November.

Boschwitz said last month he planned to run for the Senate again in 1996. He said his friends in the agriculture community and advocates of school lunch programs had called yesterday to offer encouragement for the agriculture job. "It's a post I'd be very suited for," he said. Environmentalists and some farm organizations think otherwise. "We would like to see someone with closer ties to production agriculture and family farms," said Clayton Pederson, communications director for the National Farmers Union.

Pederson's organization of family and smaller farmers disagree with both Boschwitz and Yeutter. Wahl said she never dreamed that the court would contain a majority of women. She credited the state's progressive climate for the rise in the number of women judges. "I wouldn't ever have been appointed on the court if women all over the state hadn't been involved in political and community activities," she said. In Minnesota, she said, "People are given an opportunity to show what they can do.

I'm really proud of the state." Wahl also praised Perpich, who she said "has done himself proud in choosing people for the bench without regard to gender. He's had experience with Judge Gardebring and he thinks highly of her and he's persuaded she can do a fine job here, and we accept his judgment." As for how a female majority on the court might affect decisions, Wahl said she's not sure. "Women are as different from each other as men are. We have differences of opinion on just about any matter you can think of I don't decide cases as a wom is tribute to even in areas of government, where they overstep boundaries, she's not afraid to say so." While she's sensitive to women and members of minority groups, she weighs both sides, colleagues said. Gardebring said that while she has had to be a generalist on the Appeals Court, her background is in administrative and environmental law.

She recently wrote a highly publicized opinion upholding the dismissal of second-degree murder charges against parents who refused medical Other appointments made yesterday were Harvey Ginzberg, 37, an assistant Hennepin County attorney who, like Perpich, is an Iron Range native, to the Hennepin County bench; Richard G. Spicer, 43, a partner in the Minneapolis law firm of Spicer, Watson Carp, to a First Judicial District seat in Chaska, and Peder Hong, 49, a former special assistant attorney general 'and now a Red Wing lawyer in private practice, to the First Judicial District seat in Red Wing. Stanoch and Quinn are probably the best-known of the appointees to the trial court bench. Stanoch, 33, a former lobbyist for the Minnesota Trial Lawyers Association, is highly regarded in DFL political circles, and his wife, Ruth, is a former chair of the DFL Party. He has been given credit for doing the best possible job for Perpich and almost bringing him to victory in the 1990 campaign, one that attracted "We don't think Yeutter has really represented the core of production agriculture as evidenced by what he put in the (1990) agriculture bill and in what he pushed for in (trade talks).

Boschwitz would push for those same things." Pederson believes the Yeutter policies benefit large grain traders and agribusinesses. The Farmers Union would prefer a nominee like Evans, who Pederson believes has shown more interest in family farmers. Meanwhile, Bush's choice for the RNC post will be presented for approval to the Republican National Committee when it meets Jan. 24-26 in Washington. The approval is considered pro forma.

The new chairman will replace Lee Atwater, who is suffering from a brain tumor. Bush's first choice, former drug policy director William Bennett, changed his mind about taking the job last month, saying he was afraid that concerns over potential conflicts of interest would prevent him from earning outside income he i By Betty Wilson Staff Writer Sandra Gardebring said Friday that her appointment as a Minnesota Su-, preme Court justice is "a tribute to Gov. Rudy Perpich for acknowledg- ing the role of women." Gardebring, 43, who was appointed to the Appeals Court by Perpich in i July 1989, said he told, her that he uwas looking for someone with of character, commitment to fairness and compassion for people." Gardebring once called her "the best of the best," filling a number of important govern-. menl roles. She was the commissioner of the Department of Human Services, ran the Metropolitan Council and twice directed the Minnesota Pollution Control Agency.

She had not practiced law as an attorney full time for more than a decade. 'Colleagues on the Appeals Court praised Gardebring as bright, competent, versatile and a quick study. Chief Judge D.D. Wozniak, who has known Gardebring since both were practicing law, said she is methodical and not argumentative. "She makes jher point very nicely.

Shes open- minded. She listens and doesn't dig her heels in," he said. i Despite the chance to revel in the occasion of the first woman majority on a supreme court, Perpich kept up the. self-imposed isolation from the news media that he began after his defeat two months ago. Boschwitz Continued In addition to Boschwitz, other possible nominees include Jack Parnell, I an.

assistant secretary of agriculture; i Dean KJeckner, head of the Ameri-! can Farm Bureau, and Cooper Evans, former congressman from Iowa who-recently served as a White House agriculture adviser. I Edward Rollins, cochairman of the National Republican Congressional i Committee, said of Yeutter yester-Iday: "I don't think people think of him in traditional RNC terms, but I think, he'll do an exceptional job. i Anyone who can deal with American fanners certainly understands Ameri can politics." Paul Weyrich, national chairman of i the. Free Congress Political Action I Committee, a conservative group, indicated that Yeutter's selection would be generally acceptable. "It doesn't cause the president any problems, which, if you're looking at it tfroro their perspective at this point after all the problems they've had is probably as good as they're going to get," Weyrich said.

Continued He avoided a crowd of reporters gathered in his office reception area and departed by a side door just before Gardebring's announcement late yesterday afternoon. Perpich asked Popovich, a close friend, to announce the appointment and administer the oath of office to Gardebring in the ornate governor's reception room. Throughout his term in office, Perpich has been criticized for favoring Iron Range friends and their relatives and other politically connected allies with appointments to the courts and state government, and yesterday was no different. Senate Minority Leader Duane Benson, IR-Lanesboro, said the appointments represent Iron Range politics at the state government level. "It's kind of government by hand-grenade this last day," Benson said.

"If you weren't related to him or contribute or work for his campaign, you didn't get appointed." from page 1A Rudy Boschwitz Other Republicans, however, were far less complimentary. Rep. Helen Delich Bentley, a national committeewoman from Maryland,.