Stevenson: Supplemental Declaration on Law-Clerk Relationships (Doc. 539)

Accessible document transcript

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STATE OF MINNESOTA

DISTRICT COURT
COUNTY OF OTTER TAIL SEVENTH JUDICIAL DISTRICT

Craig Stevenson and
Marie Stevenson,

Plaintiffs,

Court File No.: 56-CV-20-2928
Case Type: Other Civil

v.

Sean Christopher Stevenson,
Renee Stevenson,
Lisa Stevenson-Allen, and
Ashley Anderson,

Defendants.
SUPPLEMENTAL
DECLARATION OF
CRAIG STEVENSON

STATE OF MINNESOTA )
) SS.
COUNTY OF OTTER TAIL )

Craig Stevenson declares as follows:
1. I am one of the Plaintiffs in the above-captioned matter.
2. I have been married to Plaintiff Marie Stevenson (“Marie”) for over 34 years.
September 16, 2024 Hearing
3. Marie and I attended, via Zoom, the September 16, 2024 hearing regarding Plaintiffs’
Motion to Disqualify and Vacate Orders.
4. During the hearing, Judge Miller made statements regarding the Law Clerk James
Morrison’s employment with the Otter Tail County District Court.
5. Judge Miller stated James Morrison began working as Judge Mark Hansen’s law clerk
in November 2013.
6. Judge Miller then stated James Morrison began working as Judge Sharon Benson’s law
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clerk in September 2016.
7. Judge Miller also stated James Morrison began working for Judge Miller in late
summer 2022 and Clerk Morrison had no other involvement with Plaintiffs’ case for the preceding
six years.1
8. Judge Miller appeared to say that these six years were calculated from the date when
Judge Hansen retired and when James Morrison became Judge Miller’s law clerk and began
working on the orders in Plaintiffs’ case.
9. Judge Miller’s suggestion that there was a clean break in the connection between Clerk
Morrison and Judge Hansen did not seem logical to me, given the 3 -year clerking relationship
between them.
10. It seemed much more logical to me that the relationship between Clerk Morrison and
Judge Hansen would have continued even after Judge Hansen’s retirement, especially given his
status as a Senior Judge, the amount of time Judge Hansen spent at the Otter Tail County
Courthouse, and the number of hearings he held at that location following his retirement, up to and
including six hearings on December 6, 2019. (Doc. 527, ¶¶ 196-218.)
11. I also thought this scenario was much more likely when considered along with Judge
Hansen’s insistence that Defense Attorney Kirsten Hansen disclose her familial relationship with
Judge Hansen to Judge Miller during the very first hearing in our case, since Judge Hansen would
have been aware of various employment and personal relationships along with any potential
conflicts of interest which might require disclosure.
12. As a result, I reviewed public records for Judge Hansen’s post-retirement cases using

1 Judge Miller’s exact wording was different than mine, but I have paraphrased his statement , and what I think he
meant, to the best of my recollection.
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Minnesota Court Records Online (“MCRO”).
13. On September 18, 2024, two days after the hearing, I found records reflecting that the
working relationship between Judge Mark Hansen and Law Clerk James Morrison continued
beyond Judge Hansen’s retirement. ( See Pelican Rapids Leased Housing Associates I, LLC vs
Broadway/Pelican Rapids, L.P., Pelican Rapids Townhomes, LP, 56-CV-16-372.)
14. In a letter to counsel for both sides dated January 20, 2017 – more than four months
after Judge Hansen’s retirement, Clerk Morrison identified himself in the letterhead as “Law Clerk
to the Honorable Mark F. Hansen.” (Doc. 273.)
15. On January 27, 2017, Clerk Morrison was communicating with counsel via email
regarding his earlier letter. (Doc. 274.)
16. That same day, Judge Hansen signed an order based on Clerk Morrison's
communications with counsel. (Doc. 275.)
17. These documents clearly show Judge Hansen continued to rely on Clerk Morrison to
write letters, communicate with counsel on behalf of the Court Administrator for the Otter Tail
County District Court, and coordinate with Judge Hansen regarding the issuance of orders even
after Judge Hansen’s retirement.
18. These records, although present in MCRO since January 2017, and undoubtedly known
to Clerk Morrison and Judge Hansen, were not disclosed to Plaintiffs to illustrate the continuing
connection between Clerk Morrison and Judge Hansen.
19. These records seem to contradict Defendants’ references to the relationship between
Clerk Morrison and Judge Hansen as “long-terminated” (Doc. 520, at 14 .) The records also call
into question whether the “former employment relationship” between Clerk Morrison and Judge
Hansen had been “terminated six years prior”. (Doc. 520, at 17.)
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20. This information also appears to contradict the suggestion that Clerk Morrison had no
involvement with Judge Hansen or with Plaintiffs’ case for the years between the retirement of
Judge Hansen and subsequent employment of Clerk Morrison by Judge Benson in September 2016
and Judge Miller’s utilization of Clerk Morrison in this case beginning in September 2022.
Exclusivity
21. During the September 16, 2024 hearing, Judge Miller also seemed to say that Clerk
Morrison worked exclusively for Judge Hansen from November 2013 through September 201 6,
for Judge Benson from September 201 6 through September 2022, and for Judge Miller from
September 2022 through the present.
22. However, using the employment timelines provided by the Court, information from
MCRO is at odds with this conclusion. For example:
a. According to MCRO, Clerk Morrison assisted Judge Mark Hansen in
January 2017 while serving as Judge Sharon Benson’s law clerk. ( See
Pelican Rapids Leased Housing Associates I, LLC vs Broadway/Pelican
Rapids, L.P., Pelican Rapids Townhomes, LP , 56-CV-16-372, Docs. 273,
274, 275.)
b. According to MCRO, Clerk Morrison assisted Judge Waldemar Senyk in
November 2017 and April 2018 while serving as Judge Sharon Benson’s
law clerk. (See Thumper Pond Resort, LLC d/b/a Thumper Pond Resort vs
Stock Building Supply Midwest, LLC, Kaashagen & Sons, Inc. n/k/a BJK
Construction, Inc., Badger Midwest Holdings, LLC, Gorski and Associates,
LLC, MiTek USA, Inc., 56-CV-16-3000, Docs.156 and 256.)
c. According to MCRO, Clerk Morrison assisted Judge Kevin Miller in
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SeptemberandOctober2018whileservingasJudgeSharonBenson'slawclerk.7d.Docs.318,330,and331.)d.AccordingtoMCRO,ClerkMorrisonassistedJudgeJonathanJuddinOctober2023whileservingasJudgeKevinMiller'slawclerk.(SeeTerryL.Butcher,PatriciaF.ButchervsKellyI.Drey,PaulO.Winger,MargaretW.Drey,MichaelDrey,asTrusteeoftheInsuranceTrustAgreementofKellyI.DreydatedMay18,1970,RobertT.Noyeset.al.,56-CV-21-521,Doc.65.)23.ThereareadditionalexamplesavailableonMCRO,butitappearsasifMr.MorrisonassistsotherOtterTailCountyDistrictCourtjudgesinmanycapacitiesregardlessofhisspecificjudicialofficerassignment.24.GiventhewidevarietyofactivitiesdocumentedinMCRO,itappearstobeverylikelythatMr.Morrisonalsoassistedhisfellowlawclerkswithavarietyoftasks,includinginthiscase.25.However,additionalinformationabouttheextentofClerkMorrison'srelationshipwithJudgeHansenfollowinghisretirementandClerkMorrison'sassistancewithJudgeMiller'sotherordersinPlaintiffs'caseremainsundisclosedandunavailabletoPlaintiffs.IdeclareunderpenaltyofperjurythateverythingIhavestatedinthi trueandcorrect.
Dated:September24,2024 CraigS.Stevenson
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