Minnesota judges and justices can’t campaign much, rely on voters to do research

If Minnesota’s judicial candidates have a singular message to voters, it’s that they should flip their ballots Tuesday to choose judges and justices in the nonpartisan contests across the state.

Judges face more restrictions when campaigning than other candidates for public office. They don’t run with partisan endorsements or support. They can’t ask individuals for money and can’t state their positions on legal issues or coordinate campaigns.

Former state Supreme Court Justice David Lillehaug knows the conundrum because he stood for election statewide in 2014 before returning to private practice in 2020. He cited two main obstacles to running as a judge, especially statewide: time and money.

State restrictions eliminate the most effective means of fundraising — dialing for dollars by the candidate, the former justice said. Generally, statewide judicial campaigns raise about $250,000, a relatively paltry sum that provides just enough for internet or newspaper ads, but not for far-reaching radio or television.

“As a consequence of the lack of money your options for campaigning other than personal appearances are very limited,” Lillehaug said.

Judicial candidates attend many meet-and-greet receptions, often at big law firms, where they talk about their backgrounds. The candidates depart when donations are encouraged, leaving that task to campaign chairs and volunteers who are usually well-known lawyers.

Rules state that judicial candidates cannot discuss pending cases or issues. “Most incumbent judges and justices honor that scrupulously,” Lillehaug said.

Minnesota Supreme Court Chief Justice Natalie Hudson is on the ballot with an opponent, Stephen Emery, who has run for multiple offices. Justice Anne McKeig is on the ballot without opposition.

Newer Justice Karl Procaccini, appointed in August 2023, picked up a challenger, as is often the case for first-timers. Running against him is Matthew R. Hanson, 33, who has a law degree but little experience practicing law. Hanson, of Prior Lake, ran unsuccessfully against Scott County Judge Charles Webber two years ago.

Webber, who was appointed to the bench by Gov. Tim Walz in 2021, after three decades as a civil litigator, won with 55% of the vote to 45% for Hanson, a margin that likely makes Procaccini a little nervous despite a resume that dwarfs Hanson’s.

Procaccini, 41, served as general counsel to Walz for four years beginning in 2019, helping the governor navigate the pandemic. The job entailed a wide range of legal duties including advising Walz’s work on the state Board of Pardons, which oversees requests for relief from inmates.

The justice has undergraduate and law degrees from Harvard University and was a partner at the Greene Espel firm before shifting to public service. He’s also taught at Twin Cities law schools.

Lillehaug, who supports the re-election of all three justices, said the judicial workload doesn’t make it easy to carve out time for what little campaigning judges can do.

The Supreme Court’s fall session begins with oral arguments right after Labor Day. September and October are among the busiest months on the calendar and coincide with the lead-up to the November election.

“So the idea of jumping in a car and going to Wadena or Crookston or Virginia is one that conflicts with the basic idea of, ‘I’ve got to get my work done,’” Lillehaug said.

Given the limitations, the judicial ads and websites use broad descriptions, words considered to be good attributes. Ramsey County Judge Timothy Mulrooney’s re-election ad refers to him as “experienced, respected, fair.” His challenger, Winona Yang, talks about being a community organizer, a long-time renter who recently became a homeowner and a mother of two.

The Star Tribune stopped endorsing candidates for political office this year and the Minnesota Bar Association doesn’t endorse candidates.

The State Bar conducts a poll of its some 13,000 members and is a “neutral source of information,” president Samuel Edmunds said. “We trust an educated voter to make the right decision,” he said.

The bar makes the results publicly available.

As difficult as it can be to campaign on a shoestring, most jurists also fear the alternative: Multimillion-dollar campaigns like Wisconsin that led to overtly partisan courts.

In Minnesota, the closest a candidate has come this year is in Washington County, where Nathan Hansen is the Republican recommended candidate. He is challenging Judge Helen Brosnahan, appointed by Walz in 2022 and facing election for the first time.

Like Brosnahan, the vast majority of Minnesota judges are initially appointed by the governor. Applicants first go through an extensive vetting process by the Judicial Selection Commission which then chooses finalists and forwards their names to the governor, who interviews them and makes the final selection.

After appointment, judges and justices stand for election to six-year terms. Occasional discussions and efforts at changing the Minnesota judicial selection and election process have not gathered momentum.

“The message we want to get out there is we’re so lucky here in Minnesota to have nonpartisan, fair judicial elections,” Edmunds said, adding that voters can do their part by reading up — and flipping their ballots.