Fairness and Impartiality

By Craig Stevenson

How would you respond if someone was harming your wife and refused to stop? What if you had explained the situation to them, called the police, and hired two different attorneys to send four cease-and-desist letters—all to no avail? This was the situation I faced several years ago.

As my wife, Marie, outlined in her recent article on this website and for the Fergus Falls Daily Journal, she has suffered tremendously over the last few years, beginning with the actions of a group of people from the Twin Cities area who repeatedly contacted her childhood abuser and provided him with private information, including her email addresses and details about some of the steps we took to protect Marie from him over the years. The initial contact was made without her knowledge or consent. These contacts continued, despite her explicit objections and the group’s knowledge of her history of abuse, fear, and a prior panic attack.

These events have devastated her physical, emotional, and psychological well-being. Her distress was so severe that she postponed a doctor’s visit to examine a lump that turned out to be cancer. Due to the delay, by the time she received treatment, the cancer had already spread to her lymph nodes. More than four years later, she still wakes up in the middle of the night screaming from nightmares caused by these contacts. She will never be the same.

We sent numerous emails detailing Marie’s distress, including a severe panic attack. Despite this, the group ignored us and continued contacting her childhood abuser. Frustrated, we hired a Fergus Falls attorney to issue a cease-and-desist letter on her behalf. When this letter was rebuffed by the group, we had a Twin Cities attorney send cease-and-desist letters to three group members, warning of potential legal action. When this effort also failed, the police department, a local attorney, friends, and family all recommended that we consider a civil lawsuit.

In over 30 years of marriage and business experience, we had never considered filing a lawsuit against anyone. After exhausting all non-legal measures, we believed we had no choice. So, we reluctantly filed our civil lawsuit in Otter Tail County, claiming Intentional Infliction of Emotional Distress (IIED) for the actions which harmed Marie. IIED is a legal claim that allows a person to seek damages when someone else’s extreme and outrageous conduct causes them severe emotional distress.

This was my first lawsuit. At the time, I was unfamiliar with civil procedures, judicial conduct codes, and legal ethics. However, as a long-time business owner, I make it a habit to thoroughly research any new technology or endeavor. The more informed I am about a topic, the more confident I feel in making sound decisions and problem-solving. I knew I was starting from zero and had a lot of work to do. I purchased law books covering civil procedures and tort laws. I never became a legal expert, but I gained significant knowledge from books and online research.

When a lawsuit is filed, a district judge is assigned. In our case, that judge was Kevin M. Miller, who was appointed by Governor Dayton on May 7, 2018. Parties in litigation have the right to initially remove a judge, within 10 days after assignment, but Marie and I did not know Judge Miller and we had no reason to doubt that he would do a good job.

We realized our mistake about 45 days later at our first hearing. One of the defendants’ attorneys disclosed that her father was a retired Otter Tail County judge and had specifically instructed her to inform Judge Miller of their relationship. Judge Miller acknowledged that he knew her father, had appeared before him, and had seen him around the courthouse building. Judge Miller did not ask our opinion, but stated that he did not deem this relationship to be any type of conflict. Defense Counsel agreed.

According to the Minnesota Rules of Civil Procedure, a judge cannot be removed by the parties, without showing that he is disqualified under the Code of Judicial Conduct, once the first hearing in the case has commenced. By the time we learned of the defense attorney’s connection to her father, it was too late to remove Judge Miller without cause. We had no choice but to proceed despite our concerns.

Our lawsuit lasted two and a half years and most rulings went against us. Despite many disputed facts, Judge Miller dismissed our case at summary judgment. He stated that the actions against Marie failed to rise above the level of a “petty oppression” and that her reactions to the repeated contacts with her childhood abuser were “completely divorced from rational processes.” The Minnesota Court of Appeals later affirmed his decision.

The judicial system often operates in ways that outsiders do not fully understand. One example is the relationship between a judge and his law clerk. As a key legal assistant, a law clerk conducts research, drafts opinions, and manages case-related documents. An Alaska court described the relationship this way: “Clerks are privy to the judge’s thoughts in a way that neither [the] parties to the law suit nor [the judge’s] most intimate family members may be.” (Vaska v. State, 955 P.2d 943, 945 (Alaska Ct. App. 1998)) Law clerks and judges have a uniquely close working relationship.

Just six days before the Minnesota Appeals Court ruling, Marie and I discovered that Judge Miller’s law clerk had worked for the same retired judge who is the father of one of the Defendants’ lawyers. This clerk authored at least 13 of Judge Miller’s orders, including the one that dismissed our lawsuit. Despite the significance of this connection, we were never informed of the clerk’s prior employment—we discovered it on our own.

Minnesota rules require a judge to “disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned.” Minnesota Code of Judicial Conduct Rule 2.11(A) (2023) We raised this issue with Judge Miller, but he ruled that a reasonable examiner would not question his impartiality despite the undisclosed law clerk relationship.

I ask each reader to answer this: Would you question a judge’s impartiality if you were in our position? Also consider that the retired judge worked as a senior judge for several years past his retirement, holding hundreds of hearings in Otter Tail County, until less than a year before our lawsuit was filed. These facts were never disclosed.

As a result of my experiences, I have significant concerns about Judge Miller’s fairness and transparency. Judges have broad discretion in ruling on cases. Judge Miller quoted many facts and case laws to justify his decisions and made it clear in his orders why he ruled the way he did.

However, every judge also has a duty to follow the law and to be fair and impartial, avoiding even the appearance of impropriety. Whether you are a party to a lawsuit, an attorney, a paralegal, a law clerk, or a present or former judge, preserving judicial integrity is crucial to maintaining public confidence and ensuring fair treatment for all.

The Minnesota Supreme Court stated: “To remain impartial, judges should avoid the appearance of impropriety and act to assure that parties have no reason to think their case is not being handled fairly.” (State v. Malone, 963 N.W.2d 453, 464 (Minn. 2021)) And as the United States Supreme Court stated in Offutt v. United States, 348 U.S. 11 (1954), “Therefore, justice must satisfy the appearance of justice.”

Justice must not only be served but also appear fair to all. If procedural fairness were compromised, it would erode public trust in the legal system. Judicial transparency is essential—not just in Otter Tail County, but everywhere. Stay informed. Research similar cases, understand your rights, and advocate for judicial transparency. The system may not protect you or your loved ones—so take steps to protect yourself and your own interests. Unfortunately, I know because I speak from experience.

Craig Stevenson
Fergus Falls, MN

Footnote: Craig Stevenson is a husband and father, and has been the President and CEO of a small business located in Fergus Falls since 2001.