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To: The Executive Committee of the Republican Party of Minnesota

From: Kevin M. Magnuson David W. Asp


Douglas P. Seaton Harry Niska
R. Reid LeBeau II Todd R. Vollmers


We write to express our deep concern about the candidacy of Michelle MacDonald for
Minnesota Supreme Court Justice, and the public statements of some of her supporters who have
referred to themselves as members of the Judicial Election Committee (JEC) of the 2014
Republican State Convention. Some of our concerns are as follows:

MacDonalds lack of respect for law enforcement and the rule of law, both before and after
her endorsement, demonstrates that she is unfit to sit on our States highest court and that her
values and beliefs directly contradict those of the RPM and its members.

MacDonald faces a criminal trial set for September 15, 2014, for allegations of third-degree
refusal to take a sobriety test, fourth-degree DWI, and resisting arrest. According to news
reports, MacDonald told officers that she was a reserve cop and a lawyer. She then
allegedly began to physically resist the officers attempt to remove her from the vehicle and
place her under arrest. These facts will come out again in September, when MacDonald
faces trial. The trial obviously has the potential to create an unnecessary distraction from the
positions of all endorsed candidates.

MacDonald was cited by police this month for violating the terms of her limited drivers
license while campaigning. According to the Star Tribune, MacDonald told the officer she
was a licensed attorney and running for Supreme Court. She also [c]hanged story a
couple of time(s) then pleaded with [police officer] not to cite her.

These news reports show that MacDonald suggested that she should not be cited for alleged
violations based on her status as an attorney, reserve cop, or Supreme Court
candidate. If true, it was inappropriate for MacDonald to attempt to avoid charges by
suggesting that any of these roles would allow her to escape citation for legal
violations. More troubling, these news reports suggest that MacDonald if elected to any
public office may view herself as above the law.

MacDonalds public response to these charges also causes us concern. MacDonald has
brushed aside the charges calling them stupid and suggesting she should not have to
bother with them. They are serious charges and MacDonald should take them
seriously. Her attitude is not appropriate for a judicial candidate.

Based on her conduct to date, we believe that if MacDonald were actually elected to the
Court, MacDonald might be investigated by the Board of Judicial Standards pursuant to Rule
2(C) of the Rules of Board on Judicial Standards (providing for the Boards jurisdiction over
conduct that occurred prior to a judge assuming judicial office) and Canon 1 of the
Minnesota Code of Judicial Conduct (A judge shall avoid impropriety and the
appearance of impropriety.), Rule 1.1 (A judge shall comply with the law, including the
Code of Judicial Conduct.) and Rule 1.2 (A judge shall act at all times in a manner that
promotes public confidence in the independence, integrity, and impartiality of the judiciary,
and shall avoid impropriety and the appearance of impropriety.).

MacDonalds campaign for a seat on Minnesotas highest court, which centers around her
personal on-going efforts to defend herself against numerous civil and criminal charges, and
her assertions that our justice system is fundamentally unfair and abusive, not only makes her
subject to widespread derision, but unfairly exposes qualified Republican candidates and the
Party to be painted by the same brush.

MacDonalds behavior today where she intentionally created a public conflict and dispute
at the RPMs state fair booth shows that she lacks the appropriate temperament to be a
Supreme Court Justice and that she is willing to bring negative attention to the party in order
to pursue her own agenda.

We do not wish to undermine the power of the Partys endorsement. To the contrary, we urge
the Executive Committee to uphold its value by carefully reevaluating the Partys support for
MacDonalds candidacy for Minnesota Supreme Court Justice.