---
title: When Judges Cross the Line—And Still Keep the Case
url: https://justice-denied.org/when-judges-cross-the-line-and-still-keep-the-case/
date: 2025-07-01T20:51:26+00:00
modified: 2026-08-06T13:48:56+00:00
lang: en_US
---

# When Judges Cross the Line—And Still Keep the Case

A judge’s extra-record investigation prompted reversal—but not reassignment or accountability.

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In a troubling opinion issued June 30, 2025, the **[Minnesota Court of Appeals](https://mncourts.gov/courtofappeals "Minnesota Court of Appeals")** reversed a Mille Lacs County judge for dismissing criminal charges based on improper legal standards, speculation, and what the appellate court called “a collateral attack” on a harassment restraining order (HRO). The judge even conducted their own independent research—outside of the record—to reach conclusions favorable to the defendant.

But here's the kicker: *the same judge will now get the case back.*

Despite documenting a textbook case of judicial overreach and bias, the Court of Appeals declined to reassign the matter, stating in a footnote:

> “We decline to address reassignment of the case to a different district court judge because neither party requested we do so.”

This is what passes for judicial accountability in Minnesota.

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## A Judge Becomes an Advocate

The facts in [*State v. Bowlby*](https://justice-denied.org/pdfviewer/state-v-bowlby-a25-0086/) (A25-0086) are simple: the defendant was charged with violating an HRO by entering a restricted area. The judge dismissed the charges, insisting the defendant didn’t *intend* to harass anyone, even though no such intent is required by law. The judge then took things further—far further.

According to the Court of Appeals, the judge:

- **Conducted their own investigation** to calculate distances between the defendant’s home and the protected area;
- **Relied on facts not introduced by either party;**
- **Made legal arguments** on behalf of the defendant that the defendant himself never raised;
- And **reinterpreted the HRO** in ways that undermined its clear terms.

The appellate court was blunt: this was not judicial impartiality. It was a judge stepping into the shoes of defense counsel.

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## So Why Wasn’t the Judge Removed?

Despite this deeply troubling conduct, the Court of Appeals refused to even consider reassignment. Why? Because neither party had asked for it.

Legally, that’s a defensible position. Procedurally, appellate courts often wait for a party to request reassignment before acting. But morally? Institutionally? It’s an abdication.

The court had every reason—and every right—to protect the integrity of the remand by assigning the case to a new judge. The record was already clear: this judge had not been impartial. The Court cited *State v. Dorsey* and *State v. Schlienz*—cases that establish when judges step outside their neutral role, the damage is done.

Yet instead of protecting fairness, the appellate court defaulted to bureaucracy.

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## Judicial Misconduct Without Consequence

This ruling reveals something deeply unsettling about Minnesota’s judiciary: a judge can conduct independent research, inject their own arguments, and effectively rewrite the facts—and still get a second chance with the same case.

Let that sink in.

The message to trial judges is clear: so long as no one files the right procedural motion, even documented misconduct might not matter.

The message to litigants is even clearer: even when you prove a judge was biased, you may still be stuck with them.

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## Justice Denied by Footnote

Footnote 1 in *State v. Bowlby* may seem minor. But in that short, bureaucratic sentence lies a broader truth about judicial accountability in Minnesota. It doesn’t matter how far off track a judge goes—unless someone uses the exact right mechanism at the exact right time, the system is not designed to correct itself.

At *Justice-Denied.org*, we believe justice should not hinge on who files what motion. When the evidence of judicial bias is on the record, the court should act—proactively, transparently, and decisively.

Instead, a deeply compromised trial judge will now decide what happens next in *State v. Bowlby*.

Minnesota deserves better.