Retired Judge to Hear Hatch-Judge Complaint

by Mike Bevel, CollectionIndustry.com

Minnesota Supreme Court Justice has stepped into the middle of the Attorney General Hatch/Ramsey County District Judge William Leary III slapfest, and has appointed former District Judge Lawrence Collins as special counsel to handle two complaints against Hatch, the Democratic nominee for governor.

For those who?ve forgotten, or are now too caught up in the plight of the castaways on Lost, a recap:

Minnesota Attorney General Hatch tried to have Judge Leary III removed from two cases Hatch was directly involved in. Leary claimed that Hatch improperly tried to influence the court in its decision making.

Hatch filed two lawsuits back in 2004: one against New Jersey-based collection firm JBC & Associates and its related law firm; the other against Minneapolis-based law firm Messerli & Kramer. Both suits alleged FDCPA violations.

During the suit, Hatch alleged that Leary took positions and made statements during the mediation sessions that made it impossible for him to remain neutral. So Hatch called Leary ? and that?s what caused the kerfluffle. Turns out, mediation of the case was still going on, which makes the phone call from Hatch to Leary against the rules.

So, what had once upon a time been a case involving two collection agencies has now become an interminable boxing arena ? and a new referee, Collins, has been brought in to make things if not right, then at least a little more manageable.

“I welcome the review of the matter, and I am hopeful that Judge Leary will ultimately be removed from these cases,” Hatch said in a statement.

Republicans feel that Hatch is too cavalier about the latest development: ?He can try to brush it off, but this is serious business,” said GOP Chairman Ron Carey.

Hatch dismissed Carey’s comments.

“It is difficult to continually respond to the weekly rants of Republican Party Chairman Ron Carey,” Hatch said.

A spokesman for the Supreme Court said it’s rare for a special counsel to be appointed. Anderson said in his order that it was done to avoid a conflict of interest.