What To Do When The Judge “hates” You?
Picture this: You go to court, ready for a King Solomon type Judge who will listen, stay calm, not make goading or what could be considered offensive comments, and finally deliberate and come up with a very thoughtful decision that helps settle this.
But what you get is a very angry, upset Judge who may interrupt you, not let you speak or say “I don’t care,” and really feels like he or she “hates” you.
What to do if your judge feels like they’ve caught a case of “black‑robe fever.” We’ll let’s dive in and figure it out!
Minnesota’s Judges: Real People with Real Powers
Judges in Minnesota are usually appointed by the Judicial Selection Commission, then finalized and appointed by the Governor. Who do they decides who to pick? Well, they look at the Minnesota Constitution, and the first (and only) requirement is that they are “learned in the law.” In reality, the Commission and finally the Governor pick lawyers who have at least 10-15 years of experience, live in the judicial district they want to be a judge and are generally well regarded in their field. You’re looking at attorneys licensed in Minnesota with at least a decade under their belt.
After they are selected, they do have to run for election every 6 years and every once in a while a local lawyer will run against a sitting judge, but generally speaking, it’s rare.
Here’s another fun (maybe not so fun) stat: Minnesota judges are twice as likely to have been former prosecutors as public defenders, with the additional majority of judges coming from government sector as opposed to private sector jobs.
On the pay front, district court judges start around $190,622, climbing toward the Chief Justice’s $236,429. Not exactly charity work, but it is a few notches below what either Big Law partners make or successful small firm lawyers make.
If You Don’t Want The Assigned Judge
Even in the judicial system, you’ll find the full range of personalities, from compassionate to, well, the kind of judge who makes you grip your mouse a little tighter. Thankfully, Minnesota gives you tools for dealing with the occasional rogue judge.
1. You Can Remove the Judge – No Questions Asked (First Time Only)
Minnesota Rule of Civil Procedure 63.03 is your friend here. It lets either party, or their lawyer, file a notice to remove the assigned judge within 10 days of being notified who the Judge is. No need to prove bias, and no “why” required; keep in mind it’s a one-time, peremptory strike.
Most seasoned family lawyers can recount an eyebrow-raising judge; they always file a notice of removal, and perhaps other lawyers do the same. If there is a real problem, the Judicial Standards can get involved to see what sort of training classes the Judge can take to fix the “problem”. Note that this is rare, but it can happen.
2. Removal For Cause
If you (or your lawyer) try to remove the next judge, or you are past the 10 days, you now need to prove actual prejudice or bias. That means filing an affidavit, pointing to Code of Judicial Conduct violations, and making your case to that judge, or failing that, their Chief Judge. Under Rule 106 of the General Rules of Practice.
This is hard to do. In my 25 years, I have never done this, nor have I successfully seen it done. I have witnessed perhaps a dozen attempts and all of them have failed. Keep in mind, the Judge perhaps ruling against you 5 years ago, once or making a comment that indicates your position might be unreasonable, will not be enough.
The case law is pretty clear: you need to show that maybe the party is the Judge’s cousin? Or has the party filed a number of complaints to the Judicial Standards Board? Something big like that needs to have occurred.
3. Appeal: The Long Game (and It Can Be Costly)
Got a decision you just can’t live with? You can always appeal it. In Minnesota, appeals (except for first-degree murder cases) go to the Court of Appeals, 19 judges who are divided into a 3-judge panel that handles roughly 2,000–2,400 appeals annually. Fun fact: Only about 5% of their decisions get reviewed by the Supreme Court-so the Court of Appeals ruling is nearly always the final word.
That said, appeals aren’t cheap. Between filing fees, cost bonds, transcripts, and attorney time, you could spend thousands. The real litmus test: Is the possible outcome worth the cost, stress, and delay? A good lawyer might very well say, “Let it go.” The cost isn’t worth it, the stress isn’t worth it, or you might not have a good chance to prevail.
Just plain Rude & Unreasonable Judges
Ok, so you have the background here, but now on to the topic of this post, rude or unreasonable Judges. Yes, Virginia, out of the 296 district court Judges, there are bound to be one or two who perhaps are not the friendliest.
Judges are people; they aren’t perfect, and they have bad days. First Suggestion, see if that judge just had a bad day. Talk to your lawyer, and maybe give the Judge the benefit of the doubt this time.
If it’s a recurring problem, talk to your lawyer, see if they agree with what you saw and heard. Over the years, I’ve heard many clients say, “The Judge doesn’t like me,” but what the client didn’t know is that the Judge is always quiet and doesn’t talk a lot; this is just the normal mannerism of that judge!
Now, just so you don’t think I am supporting all the judges and saying they are perfect, a few disappointing cases show that yes, there are a few bad judges out there.
Judge “Fixing” a ticket for the court clerk’s Husband. Here.
Dakota County Judge convicted of Drunk Driving. Here
Judge ordering people to his own Divorce lawyer for a discounted fee. Here
Conclusion
As with most areas of the law, there is no magic bullet when dealing with unreasonable Judges, but you do have options and you don’t have to just accept the decision from an older Judge who decides not to follow the law.
You have some options, but be sure you talk to your lawyer and know what your options actually are.
Information obtained in mankatofamilylaw.com may contain knowledgeable content about Minnesota Family Law that may be considered beneficial to some; however, in no way should this website or its contents be considered legal advice. Mr. Kohlmeyer is a Minnesota licensed Attorney and cannot provide legal services or guidance to those outside of Minnesota. If you wish to retain Mr. Kohlmeyer as your Attorney in your Family Law matter, contact 507-625-5000
