Former Minnesota Supreme Court Justice Sandy Keith comments on the Minnesota Twins appeal and is asked if the case deserves to have an accelerated review by the Minnesota Supreme Court?
Former Minnesota Supreme Court Justice Sandy Keith comments on the Minnesota Twins appeal and is asked if the case deserves to have an accelerated review by the Minnesota Supreme Court?
SPEAKER: So how unusual is a request for an expedited hearing before the state Supreme Court? One person who should know is a former chief justice of the Minnesota Supreme Court, Sandy Keith. Your Honor, always a pleasure. Good morning to you.
SANDY KEITH: Good morning. And how are you, [? Cat? ?]
SPEAKER: Great. Thank you for asking. You know, I'm curious. What are the chances the High Court will grant an accelerated review of this Twins issue?
SANDY KEITH: The rule is very clear. And it's known as Rule 118 of the Civil Appellate Procedure. It states that the case must be of such imperative public importance as to justify deviation from the normal appellate procedure, which, of course, is to go to the Court of Appeals.
So in the comments on the rule, it's very, very clear that the decision to permit accelerated review is discretionary with the court. And the rule contemplates that leave will be granted for an accelerated appeal only in extraordinary cases. So it's very, very difficult to get accelerated review by the Supreme Court.
SPEAKER: Do you think this is such a case, an extraordinary case?
SANDY KEITH: I'd have to look at the arguments of the Twins management because I believe they're the ones that have petitioned for accelerated review. It would have to meet the provisions of Rule 117 that this is a very important issue. It may raise some constitutionality questions. I don't know.
Does it depart so far? Was a decision so out of line, the lower court decision, that it needs to be reviewed? And I'm not sure how quickly this needs to be decided based on what I've read in the papers.
SPEAKER: Can you remember the last time such a review was granted?
SANDY KEITH: Well, I granted it, or we granted it-- these are cases in which the entire court participates, normally. And I assume the rules haven't changed that much since I left. And it's not granted very often.
SPEAKER: How long of a delay do you think there would be if the high court rejects the Twins and the case does go down to the Appeals Court?
SANDY KEITH: Normally, a case-- we have a wonderful Court of Appeals. They do things well. They do things quickly. Normally, this would take anywhere from five to six months to resolve at the Court of Appeals.
The Court of Appeals must get out a decision 90 days after the case is heard. Obviously, the record has to go to the Court of Appeals and be prepared. The briefs have to be filed. That usually takes two or three months.
And then they hear it. And then within 90 days, that court will have a decision out. They're totally caught up. They're one of the fastest and, I think, one of the most efficient Court of Appeals in America.
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