Minnesota justices remove Anoka County judge over residency

Published 10:24 am Thursday, October 15, 2015

MINNEAPOLIS (AP) — The Minnesota Supreme Court removed a judge from office Wednesday after finding that he violated the state constitution by not living in the district and then violated the judicial code of conduct by lying about it.

Anoka County District Court Judge Alan Pendleton’s removal is effective immediately.

“Judge Pendleton committed two very serious violations,” the justices wrote. “Each of his violations severely undermines the public’s trust in their judicial system. … the sanction of removal of office is the only sanction adequate to ensure that the people of Minnesota can have continued faith in the integrity of their justice system.”

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Pendleton’s attorney didn’t immediately return a message seeking comment.

Pendleton was appointed in 1999, elected in 2002 and re-elected in 2008 and 2014. He has handled several high-profile cases, including that of Timothy LaMere, who pleaded guilty to unintentional murder after bringing synthetic drugs to a 2011 party. Trevor Robinson died after taking the drugs, and several others at the party became ill.

Pendleton’s residency issues came to light when the Minnesota Board of Judicial Standards filed a complaint on Oct. 31, alleging Pendleton was living at his wife’s home in Minnetonka instead of in the district where he served. Pendleton claimed it was only temporary, but a family crisis caused him to suspend his home search in his district for part of that period.

Pendleton acknowledged he had an “error of judgment” when he listed an inaccurate address on his May 2014 affidavit for candidacy, but he denied any intent to deceive.

A court-appointed panel that reviewed the case had recommended Pendleton be censured and suspended without pay for at least six months. But Pendleton appealed, and the Supreme Court chose to remove him from office.

Justice David Stras agreed with the majority’s findings, but said he would have imposed a six-month unpaid suspension.