John E. Simonett
Encyclopedia
John E. Simonett was an attorney and associate justice of the Minnesota Supreme Court
. He was famous for his wit and thoughtfulness, characteristics reflected both in his judicial opinions, and in his writings and speeches. In 2007, he was named one of the 100 most influential attorneys in Minnesota history. Of his six daughters and sons, two became judges, one serving as the fourth Chief Judge of the Minnesota Court of Appeals
from 1994 to 1995.
, and was raised in nearby Le Center. He attended St. John's University in Collegeville
, Minnesota, but his studies were interrupted by World War II
. After three years in the U.S. Army, he was ordered to the Philippines as an infantry lieutenant just as the war was coming to a close. Upon his discharge, he returned to St. John's, graduating with a bachelor's degree in 1948. He entered the University of Minnesota Law School
, where he graduated as one of the top students in his class in 1951 after serving as the president of the Minnesota Law Review
. He then entered private practice in Little Falls, Minnesota
, with Gordon Rosenmeier. Rosenmeier was already a well-respected state senator and attorney, and Simonett soon became a well-respected trial attorney. He also became known as a colorful commentator on the law and culture, through articles such as "The Common Law of Morrison County" in 1963, which recited myths about legal rights and duties in small-town America. However, he also took on more serious and complex topics, writing an influential law review article in 1977 on the use of partial settlements of multi-defendant civil suits. In 1980, when Little Falls native Walter Rogosheske retired from the Minnesota Supreme Court, Governor Al Quie
appointed Simonett to fill the vacancy.
(then the dean of the University of Minnesota Law School) commented that his decisions cannot readily be classified as conservative. "Rather, they seem to be very thoughtful, well-researched expositions of how prior law would apply to the case before him." In Cohen v. Cowles Media Co.
, his opinion for the Court reversing (on First Amendment grounds) a jury verdict against a media company whose editorial staff broke a promise of confidentiality was reversed by the U.S. Supreme Court.
appointed Paul H. Anderson
, then Chief Judge of the Minnesota Court of Appeals
, to take Simonett's place, and chose one of Simonett's daughters, Hennepin County District Court
Judge Anne Simonett
, to succeed Anderson as Chief Judge of the Court of Appeals. Anne Simonett's service was cut short by a brain tumor that proved fatal the following year. Another of his daughters, Martha Simonett, was later appointed to fill a District Court vacancy in Dakota County, where she continues to serve.
Upon his retirement from the bench, he practiced law in Minneapolis at the law firm of Greene Espel PLLP until 2007, and taught appellate practice at the University of Minnesota. He resided in St. Paul
with his wife Doris, the former Doris Margaret Bogut.
The chapter of the American Inns of Court
in the area of Central Minnesota in which he practiced law for 29 years is named the John Simonett American Inn of Court.
Minnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota and consists of seven members. The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside of the region who were appointed by...
. He was famous for his wit and thoughtfulness, characteristics reflected both in his judicial opinions, and in his writings and speeches. In 2007, he was named one of the 100 most influential attorneys in Minnesota history. Of his six daughters and sons, two became judges, one serving as the fourth Chief Judge of the Minnesota Court of Appeals
Minnesota Court of Appeals
The Minnesota Court of Appeals is the intermediate appellate court for the state of Minnesota. It began operating on November 1, 1983. It is housed in the Minnesota Judicial Center in St...
from 1994 to 1995.
Background
John Simonett was born to Edward and Veronica Simonett on July 12, 1924 in Mankato, MinnesotaMankato, Minnesota
Mankato is a city in Blue Earth, Nicollet, and Le Sueur counties in the U.S. state of Minnesota. The population was 39,309 at the 2010 census, making it the fourth largest city in Minnesota outside of the Minneapolis-St. Paul metropolitan area. The county seat of Blue Earth County, it is located...
, and was raised in nearby Le Center. He attended St. John's University in Collegeville
College of Saint Benedict/Saint John's University
The College of Saint Benedict , for women, and Saint John's University , for men, are partnered liberal arts colleges respectively located in St. Joseph and Collegeville, Minnesota, USA. Students attend classes and activities together, and have access to the resources of both campuses...
, Minnesota, but his studies were interrupted by World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. After three years in the U.S. Army, he was ordered to the Philippines as an infantry lieutenant just as the war was coming to a close. Upon his discharge, he returned to St. John's, graduating with a bachelor's degree in 1948. He entered the University of Minnesota Law School
University of Minnesota Law School
The University of Minnesota Law School, located in Minneapolis, Minnesota, USA, is a professional school of the University of Minnesota. The school offers a Juris Doctor , Masters of Law for Foreign Lawyers, and joint degrees with J.D./M.B.A., J.D./M.P.A, J.D./M.A., J.D./M.S., J.D./Ph.D.,...
, where he graduated as one of the top students in his class in 1951 after serving as the president of the Minnesota Law Review
Minnesota Law Review
The Minnesota Law Review is a law review published by students at University of Minnesota Law School. The journal is published six times a year in November, December, February, April, May, and June. It was established by Henry J. Fletcher and William Reynolds Vance in 1917. The Minnesota Law...
. He then entered private practice in Little Falls, Minnesota
Little Falls, Minnesota
As of the census of 2000, there were 7,719 people , 3,197 households, and 1,899 families residing in the city. The population density was 1,232.5 people per square mile . There were 3,358 housing units at an average density of 536.2 per square mile...
, with Gordon Rosenmeier. Rosenmeier was already a well-respected state senator and attorney, and Simonett soon became a well-respected trial attorney. He also became known as a colorful commentator on the law and culture, through articles such as "The Common Law of Morrison County" in 1963, which recited myths about legal rights and duties in small-town America. However, he also took on more serious and complex topics, writing an influential law review article in 1977 on the use of partial settlements of multi-defendant civil suits. In 1980, when Little Falls native Walter Rogosheske retired from the Minnesota Supreme Court, Governor Al Quie
Al Quie
Albert Harold Quie is an American politician who served as the 35th Governor of Minnesota from January 4, 1979, to January 3, 1983.-State and national government service:...
appointed Simonett to fill the vacancy.
Associate Justice, Minnesota Supreme Court (1980-1994)
In over thirteen years on the bench, Justice Simonett wrote 423 opinions, 355 of them on behalf of a majority of the justices. "Simonett, a moderate, wrote decisions upholding the state's fetal homicide law, overturning lower welfare benefits for new state residents and, in one controversial case, allowing a lawyer to eliminate a potential juror based on religion." Looking back on Simonett's opinions at the time of his retirement, Robert SteinRobert Stein (academic)
Robert A. Stein is Everett Fraser Professor of Law at the University of Minnesota. A noted scholar of estate planning, Stein was previously William Pattee Professor and Dean at the University of Minnesota Law School, from which he received his law degree in 1961...
(then the dean of the University of Minnesota Law School) commented that his decisions cannot readily be classified as conservative. "Rather, they seem to be very thoughtful, well-researched expositions of how prior law would apply to the case before him." In Cohen v. Cowles Media Co.
Cohen v. Cowles Media Co.
Cohen v. Cowles Media Co., 501 U.S. 663 , was a case in which the Supreme Court of the United States held that freedom of the press does not exempt journalists from generally applicable laws....
, his opinion for the Court reversing (on First Amendment grounds) a jury verdict against a media company whose editorial staff broke a promise of confidentiality was reversed by the U.S. Supreme Court.
Retirement from the bench
In Minnesota, judges are required to retire from active service before their 70th birthday. Upon Simonett's mandatory retirement from the Supreme Court in 1994, Governor Arne CarlsonArne Carlson
Arne Helge Carlson, Sr. is an American politician and the 37th Governor of the state of Minnesota.-Early years, education and family:...
appointed Paul H. Anderson
Paul H. Anderson
Paul H. Anderson is currently an Associate Justice of the Minnesota Supreme Court, taking office on July 1, 1994. He previously served as Chief Judge of the Minnesota Court of Appeals from 1992-1994....
, then Chief Judge of the Minnesota Court of Appeals
Minnesota Court of Appeals
The Minnesota Court of Appeals is the intermediate appellate court for the state of Minnesota. It began operating on November 1, 1983. It is housed in the Minnesota Judicial Center in St...
, to take Simonett's place, and chose one of Simonett's daughters, Hennepin County District Court
Minnesota District Courts
The Minnesota District Courts are the state trial courts of general jurisdiction in the U.S. state of Minnesota.The Minnesota Constitution provides that the district court has original jurisdiction in civil and criminal cases and such appellate jurisdiction as may be prescribed by law.Each district...
Judge Anne Simonett
Anne Simonett
Anne V. Simonett was an American lawyer and judge from Minnesota. She was the first woman to serve as Chief Judge of the Minnesota Court of Appeals....
, to succeed Anderson as Chief Judge of the Court of Appeals. Anne Simonett's service was cut short by a brain tumor that proved fatal the following year. Another of his daughters, Martha Simonett, was later appointed to fill a District Court vacancy in Dakota County, where she continues to serve.
Upon his retirement from the bench, he practiced law in Minneapolis at the law firm of Greene Espel PLLP until 2007, and taught appellate practice at the University of Minnesota. He resided in St. Paul
Saint Paul, Minnesota
Saint Paul is the capital and second-most populous city of the U.S. state of Minnesota. The city lies mostly on the east bank of the Mississippi River in the area surrounding its point of confluence with the Minnesota River, and adjoins Minneapolis, the state's largest city...
with his wife Doris, the former Doris Margaret Bogut.
The chapter of the American Inns of Court
American Inns of Court Foundation
American Inns of Court are designed to improve the skills, professionalism and ethics of the bench and bar. An American Inn of Court is an amalgam of judges, lawyers, and in some cases, law professors and law students...
in the area of Central Minnesota in which he practiced law for 29 years is named the John Simonett American Inn of Court.
Major articles
- "The Common Law of Morrison County," 49 A.B.A. Journal 263 (Mar. 1963)
- "The Trial as One of the Performing Arts," 52 A.B.A. Journal 1145 (Dec. 1966)
- "The Footnote as Excursion and Diversion," 55 A.B.A. Journal 1141 (Dec. 1969)
- "Release of Joint Tortfeasors: Use of the Pierringer Release in Minnesota," 3 Wm. Mitchell L. Rev. 1 (1977)
- "Meditation on the Limits of Law," 2 J. of Law & Religion 1 (1984)
- "Forensic Rhetoric and Irving Younger," 73 Minn. L. Rev. 865 (1989)
- "The Growing Irrelevance of Relevance," 49 Bench & Bar of Minnesota 11 (Aug. 1992)
- "Rules for Practice in General," 51 Bench & Bar of Minnesota 30 (Jul. 1994)
- "The Use of 'Result-Oriented' to Characterize Appellate Decisions," 10 Wm. Mitchell L. Rev. 187 (1984)
- "Essay: A Corporation Soul," 54 Bench & Bar of Minnesota 34 (Sept. 1997)
- "Rules of Statutory Construction and Florida Election Law," 58 Bench & Bar of Minnesota 51 (July 2001)
- "Civility and 'Generalized Reciprocity'," 60 Bench & Bar of Minnesota 27 (Feb. 2003)