The Free Press, Mankato, MN

August 31, 2010

District Court Judge Norbert Smith to retire

Decries current state of court system

By Robb Murray
Free Press Staff Writer

MANKATO — Blue Earth County District Court Judge Norbert Smith has announced his plans to retire.

In a letter to Minnesota Gov. Tim Pawlenty, Smith says he’ll step down as a full-time judge effective Sept. 11, but will continue to hear cases on a part-time basis until a replacement can be found.

His letter to Pawlenty, however, decries the current state of Minnesota’s court system.

“The judicial need for Blue Earth County calls for more than four judges. We have three,” his letter says. “Fortunately, we have been able to utilize the services of visiting judges for up to eight days per month to support our caseload. We also have striven over the past many years to become more efficient and effective in our work, so we do more with less.

“Our continuing concern of course is that we avoid the label ‘McJustice’ as we attempt to deliver Constitutionally mandated services to our constituents,” he said.

Smith’s departure likely leaves room for Pawlenty to fill the vacancy with his choice instead of leaving it to the new governor, whether it be Tom Emmer, Mark Dayton, Tom Horner or any other candidate.

Smith has been on the court since the early 1990s. He started out hearing cases in both Blue Earth County and in North Mankato, but eventually moved to Blue  Earth County full time.

He presided over many high-profile cases. One involved a legality of a sign on the side of a parked semi-trailer for the Pure Pleasure adult products business, which included the memorable slogan “sexy fun for everyone.”

He also was the judge in the case when Blue Earth County prosecutors investigating the Amboy shooting death of Jeff Skjervold wanted to view a Free Press reporter’s notes.

In that case Smith ruled the county had the right to order the reporter to hand over his notes. That decision was overturned, however, on appeal, and rejected for hearing by the Minnesota Supreme Court.