Minnesota Supreme Court denies request to open judicial complaint files.

Byline: Barbara L. Jones

The Minnesota Supreme Court has denied a request by a committee reviewing the rules of the judicial standards board to examine some of the board's complaint files.

The Advisory Committee on the Rules of the Board on Judicial Standards has been charged with recommending to the Supreme Court whether any changes should be made in the procedures for disciplining judges. Last fall, the committee requested the court allow selected members to review confidential complaint files in order to fully understand the process.

The committee, established last April under the leadership of St. Louis County District Court Judge Gary Pagliaccetti, includes members who are also members of the judicial standards board, and many more who are not. Some of the nonmembers wanted to see how the rules worked in real life.

But the court declined the request to review files in a letter written by Chief Justice Russell Anderson on Dec. 21. The court said its primary concern is the effect on "the principle of confidentiality that is a core tenet of the board's processes."

Rule 5 of the Board on Judicial Standards provides that, subject to specific narrow exceptions, all proceedings shall be confidential until a public formal complaint is filed with the court -- a relatively rare occurrence. The rule does not authorize a judge to override the confidentiality requirement.

The purpose of the rule is not only to protect judges, the chief justice pointed out. "The principle of confidentiality has created clear expectations of privacy for judges, complainants, and other participants," Anderson wrote.