Inquiry into the Conduct of Karasov
805 N.W.2d 255
Minn.2011Background
- Board on Judicial Standards filed a formal complaint against Judge Patricia Karasov alleging residency violations and lack of candor in investigation.
- Panel found she did not reside in the Fourth Judicial District from July 1 to September 30, 2009 and was not forthcoming with investigators.
- Judge kept Edina townhouse (within the district) while simultaneously occupying a lake home outside the district and renting the Edina home during the period in question.
- She moved to live at the Fremont Avenue apartment in Minneapolis only after learning of the Board’s investigation.
- Board sought sanctions; Karasov challenged the panel’s findings and sanctions, Board cross-appealed on sanctions.
- Court held Board proved misconduct by clear and convincing evidence and imposed censure with a 6-month, unpaid suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Residency violation by judge | Board argues Karasov resided outside district July–Sept 2009. | Karasov contends residency remained with district and actions show intent to stay. | Yes; highly probable nonresidence July–Sept 2009. |
| Violation of Rule 2.16(A) (cooperation and candor) | Karasov made misrepresentations and omissions to the Board and its counsel. | Karasov disputes materiality and sufficiency of the Board’s claims. | Yes; affirmative misrepresentation and material omissions found. |
| Due process implications of the proceedings | No defense to due process violations; Board complied with process. | Due process alleged due to bias, notice, and complaint drafting defects. | No due process violation; proceedings were not fundamentally unfair. |
| Standard and scope of review for panel findings | Board argues de novo review; Panel findings should be given deference under rule changes. | Karasov contends various procedural failures; review should safeguard rights. | Court independently reviews but defers to panel on factual findings; standards applied as stated. |
Key Cases Cited
- In re Blakely, 772 N.W.2d 516 (Minn. 2009) (clear and convincing standard for judicial misconduct)
- In re Murphy, 737 N.W.2d 355 (Minn. 2007) (panel findings reviewed with independent judgment)
- In re Miera, 426 N.W.2d 850 (Minn. 1988) (definition of clear and convincing evidence; standards of proof)
- In re Kirby, 354 N.W.2d 410 (Minn. 1984) (due process in disciplinary proceedings; impartial tribunal)
- In re Ginsberg, 690 N.W.2d 539 (Minn. 2004) (public confidence and integrity; sanctions framework)
- In re Winton, 350 N.W.2d 337 (Minn. 1984) (serious misconduct and integrity concerns; removal standards)
- In re Gillard, 271 N.W.2d 802 (Minn. 1982) (serious misconduct; impact on public confidence)
- Piepho v. Bruns, 652 N.W.2d 40 (Minn. 2002) ( residency concepts; physical presence and intent in election context)
- Olson v. Zuehlke, 652 N.W.2d 37 (Minn. 2002) ( residency and domicile; living arrangements)
- Studer v. Kiffmeyer, 712 N.W.2d 552 (Minn. 2006) (residency intent; circumstantial evidence of intent)
