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Minnesota Supreme Court throws out recall against commissioner

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The Judicial Update

February 27, 2012

Minnesota: The Minnesota Supreme Court has dismissed a recall effort against Deb Roschen.[1] Minnesota Supreme Court Chief Justice Lorie Gildea threw out all four charges against Roschen, a Wabasha County Commissioner.[2] In November 2011, a group of citizens initiated a recall effort against Roschen after accusing her of overstepping her authority by implying she would cut the county sheriff’s department’s budget after the sheriff did not support state legislation she favored. Roschen was also accused of seeking to terminate a county social services employee after the employee blamed county budget cuts for a delay in services. Roschen accused the sheriff of harassment and then halted the ensuing investigation by declining to participate in it. Roschen was also accused of making defamatory comments about a county highway worker and attempting to circumvent open meeting and data practices laws.[3]

In Minnesota, a recall effort can only proceed if the state's high court rules that the grounds for recall stated in the recall petition are sufficient and meet statutory requirements. Recall petitioners must convince the court that malfeasance, nonfeasance, or a serious crime were committed by the official in question.


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