Cited by
Opinions in Minnesota that cite State v. Jacobs, 802 N.W.2d 748.
- Walter Smith v. Eric A. Johnson, Steven Scott Properties Management, ... Minn. Ct. App. 2025
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Walter Smith v. Eric A. Johnson, Steven Scott Properties Management, ...
Minn. Ct. App. 2025
“Whether a judge is disqualified from presiding over a case is a question of law, which we review de novo.”
- Inquiry into the Conduct of the Honorable John P. Dehen Minn. 2025
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Inquiry into the Conduct of the Honorable John P. Dehen
Minn. 2025
A judge is disqualified if “a reasonable examiner, with full knowledge of the facts and circumstances, would question the judge’s impartiality.”
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Mark Lukens, et al., Respondents,
Minn. Ct. App. 2025
See State v. Jacobs (In re Jacobs ), 754 (Minn. 2011) (explaining that “should” is a permissive term (quotation omitted)).
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Craig Stevenson, et al., Appellants,
Minn. Ct. App. 2025
(“Whether a judge is disqualified from presiding over a case is a question of law, which we review de novo.”).
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Lydia Louise Monahan, Appellant,
Minn. Ct. App. 2025
“Whether a judge is disqualified from presiding over a case is a question of law, which we review de novo.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
9-11 10 (describing fiduciary, pecuniary, and personal relationships that may materially limit a lawyer’s representation of a client); see, e.g., State v. Jacobs (In re Jacobs), d 748, 750-55 (Minn. 2011) (considering whether a judge was disqualified from presiding over a criminal case, based on the judge’s marriage to a prosecuting attorney from the county attorney’s office that was prosecuting the case, when the judge’s spouse did not appear in or otherwise handle that case); Kennedy v. L.D.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
We then evaluate “whether a reasonable examiner, with full knowledge of the facts and circumstances, would question the judge’s impartiality.”
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In the Marriage of:
Minn. Ct. App. 2025
While the standard for the disqualification of judges is reviewed de novo, d 748, 750–51 (Minn. 2011), and the standard for disqualification of attorneys is reviewed for clear error, Buckentin, d at 822, our caselaw has not yet addressed the proper standard of review for disqualification of special masters.
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In re the Marriage of:
Minn. Ct. App. 2025
“Whether a judge’s impartiality may reasonably be questioned is determined by an ‘objective examination into the circumstances surrounding the removal request.’” ().
- Berry Alexander Davis, Appellant, vs. State of Minnesota, Respondent Minn. 2025
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Berry Alexander Davis, Appellant, vs. State of Minnesota, Respondent
Minn. 2025
“Cause for removal [of a judge] exists if the judge would be disqualified under the Code of Judicial Conduct.” (citing Minn. R. Crim.
- In the Matter of the Civil Commitment of: Michael Benson Minn. 2024
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In the Matter of the Civil Commitment of: Michael Benson
Minn. 2024
cmt.—2016 amendments (emphasis added); d 748, 754 (Minn. 2011) (“[T]he use of the word ‘should’ indicates that the comment is not mandatory.”).
- State of Minnesota v. Jamal L. Smith 9 N.W.3d 543 Minn. 2024
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State of Minnesota v. Jamal L. Smith
9 N.W.3d 543
Minn. 2024
A judge’s impartiality is an objective consideration, evaluating “whether a reasonable examiner, with full knowledge of the facts and circumstances, would question the judge’s impartiality.” d 748, 753 (Minn. 2011).
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John Louis Corrigan, Jr., petitioner, Appellant,
Minn. Ct. App. 2024
State v. Jacobs (In re Jacobs)
- State of Minnesota v. Rodney Donta Jackson Minn. Ct. App. 2024
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State of Minnesota v. Rodney Donta Jackson
Minn. Ct. App. 2024
Jackson I, d at 176; (explaining that “should” is a permissive term (quotation omitted)).
- In re the Marriage of: Minn. Ct. App. 2024
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In the Matter of the Civil Commitment of: Earl Lionell Ward.
Minn. Ct. App. 2022
In assessing judicial bias, we consider whether “a reasonable examiner, with full knowledge of the facts and circumstances, would question the judge’s impartiality.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Conduct Rule 2.4(A); d 9 453, 465 (Minn. 2021) (“[J]udges are presumed to have the ability to set aside extra-record knowledge and make decisions based solely on the merits of a case .”); (“[A] judge is required to ‘perform all duties of judicial office fairly and im partially’ and ‘shall not permit family, social, political, financial, or other interests or relationships to influence the judge ’s judicial conduct or judgment.
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Louis Reis, Appellant,
Minn. Ct. App. 2022
“A judge is disqualified ‘due to an appearance of partiality’ if a ‘reasonable examiner, with full knowledge of the facts and circumstances, would question the judge’s impartiality.’” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
The proper standard for determining whether a judge must be disqualified for an appearance of partiality is “whether a reasonable examiner, with full knowledge of the facts and circumstances, would question the judge’s impartiality.”
- A19-1560 Minn. 2021
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LuAnn Carol Stanius, Respondent,
Minn. Ct. App. 2021
A judge is disqualified under the Minnesota Code of Judicial Conduct if “a reasonable examiner, with full knowledge of the facts and circumstances, would question 6 the judge’s impartiality.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
A reasonable examiner is “an objective, unbiased layperson .”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“In deciding whether disqualification is required, the relevant question is ‘whether a reasonable examiner, with full knowledge of the facts and circumstances, would question the judge’s impartiality.’” Mouelle, d at 713 (d 748, 753 (Minn. 2011)).
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A19-1330
Minn. Ct. App. 2020
The relevant question in a disqualification analysis is “whether a reasonable examiner, with full knowledge of the facts and circums tances, would question the judge’s partiality.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“In deciding whether disqualification is required, the relevant question is ‘whether a reasonable examiner, with full knowledge of the facts and circumstances, would question the judge’s impartiality.’” Mouelle, d at 713 (q uoting In re Jacobs , ).
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State of Minnesota,
Minn. 2020
In deciding whether a disqualification is required, the relevant question is “whether a reasonable examiner, with full knowledge of the facts and circumstances, would question the judge’s impartiality.”
- State v. Mouelle 922 N.W.2d 706 Minn. 2019
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State v. Mouelle
922 N.W.2d 706
Minn. 2019
In re Jacobs , , 753 (Minn. 2011).
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In re the Marriage of: Janelle Rozalind Spah, petitioner, Appellant,
Minn. Ct. App. 2017
Comment 5 to rule 2.11 states that “[a] judge should disclose on the record information th at the judge believes the par ties or their lawyers might reasonably consider relevant to a possible motion for disqualification.” However, the Minnesota Supreme Court has stated that “the use of the word ‘should ’ indicates that the comment is not mandatory.” In re Jacobs
- John Howard Bartz v. State of Minnesota Minn. Ct. App. 2016
- John Howard Bartz v. State of Minnesota Minn. Ct. App. 2016
- State of Minnesota v. Philip Lee Carlson Minn. Ct. App. 2016
- State of Minnesota v. Philip Lee Carlson Minn. Ct. App. 2016
- Jedidiah Dean Troxel v. State of Minnesota 875 N.W.2d 302 Minn. 2016
- Jedidiah Dean Troxel v. State of Minnesota 875 N.W.2d 302 Minn. 2016
- Keith Richard Rossberg v. State of Minnesota 874 N.W.2d 786 Minn. 2016
- Keith Richard Rossberg v. State of Minnesota 874 N.W.2d 786 Minn. 2016
- State of Minnesota v. John Everette Pierce Minn. Ct. App. 2015
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State of Minnesota v. John Everette Pierce
Minn. Ct. App. 2015
(“Like all legal issues, judges determine appearance of impropriety—not by considering what a straw poll of the only partly 5 informed man-in-the-street would show—but by examining the record facts and the law, and then deciding whether a reasonable pe
- Builders Association of the Twin Cities v. Minnesota Department of Labor and Industry 872 N.W.2d 263 Minn. Ct. App. 2015
- Builders Association of the Twin Cities v. Minnesota Department of Labor and Industry 872 N.W.2d 263 Minn. Ct. App. 2015
- State of Minnesota v. Alton Dominique Finch 865 N.W.2d 696 Minn. 2015
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State of Minnesota v. Alton Dominique Finch
865 N.W.2d 696
Minn. 2015
“A motion to remove a judge is procedural and therefore governed by the Rules of Criminal Procedure.”
- Pamela Powell, individually, and on behalf of her minor child, Grace Powell Hernandez v. Commissioner of the Minnesota … Minn. Ct. App. 2015