Judge Profile:

Senior Judge Stephen D. Swanson (retired 2007) Hennepin County Appointed/Elected: Appointed July 7, 1989, by Governor Rudy Perpich. Elected 1990, 1996, 2002. Retired March 13, 2007. Appointed and assigned to serve statewide as Senior Judge from July 1, 2011, to June 30, 2013. Personal: Born November 3, 1944. Wife, Margaret; one child. Resides in Minneapolis. Education: New York University School of Law (LL.M. 1971) University of Cincinnati Law School (J.D. 1969), Production Editor, Cincinnati Law Review Miami University (B.A. Government 1966) Employment Background: Administrative Law Judge, Minnesota Office of Administrative Hearings (1988-89 full-time, 1985-88 part-time) Arbitrator, Fourth Judicial District Mandatory Non-Binding Arbitration Program (1987) Legal Aid Society of Minneapolis (Managing Attorney of Southside Office 1986-88, Staff Attorney 1971-77) Legal Services Advocacy Project, Mid-Minnesota Legal Assistance (Managing Attorney 1979-86, Supervising Attorney 1978-79) Volunteers in Service to America (VISTA) (1969-71) Advisory or Policy-Making Positions: Supreme Court Guardian Ad Litem Task Force (1995-96) Published Materials: Executive Summary: Minnesota Supreme Court Advisory Task Force on the Guardian Ad Litem System, 2nd Annual Conference on Youth and Crime (Minnesota State Bar Association, 1996) Notable Decisions: 1996 • Supressed a suspect’s confession on the grounds that the suspect was not given a Miranda warning before a custodial interrogation. The Minnesota Supreme Court disagreed, reversing an earlier Court of Appeals decision. The court concluded that since the suspect voluntarily came to the police station and was free to leave at any time, the police’s use of the suspect’s polygraph test to induce the suspect to confess did not convert a noncustodial setting into a custodial setting. State v. Wiernasz, No. CO-97-1092 (Minn., August 27, 1998). 1995 • Granted a directed verdict for a defendant sued by two women suffering from dissociative identity disorder (DID) claiming the defendant violated the Vulnerable Adults Act by failing to report abuse. The Minnesota Supreme Court agreed. Wall v. House, Nos. CX-96-1137, C1-96-1138 (Minn., August 27, 1998). 1994 • Ruled that Minnesota’s sex offender registration statute, which requires convicted sex offenders to register with a corrections agent and notify the agent of any change in address, does not violate state and federal prohibitions against ex post facto laws. A sex offender charged with violating the registration statute had maintained that the statute was unconstitutional as applied to sex offenders convicted before the statute took effect. The Minnesota Court of Appeals affirmed in 1995, holding that the sex offender registration statute is not punitive and therefore does not violate state and federal prohibitions against ex post facto laws. State v. Manning, No. C7-94-2242 (Minn. App., May 30, 1995). The Minnesota Supreme Court denied review in 1995.

Senior Judge Stephen D. Swanson
(retired 2007)

Hennepin County

Appointed/Elected:

Appointed July 7, 1989, by Governor Rudy Perpich. Elected 1990, 1996, 2002. Retired March 13, 2007.

Appointed and assigned to serve statewide as Senior Judge from July 1, 2011, to June 30, 2013.

Personal:

Born November 3, 1944. Wife, Margaret; one child. Resides in Minneapolis.

Education:

New York University School of Law (LL.M. 1971)

University of Cincinnati Law School (J.D. 1969), Production Editor, Cincinnati Law Review

Miami University (B.A. Government 1966)

Employment Background:

Administrative Law Judge, Minnesota Office of Administrative Hearings (1988-89 full-time, 1985-88 part-time)

Arbitrator, Fourth Judicial District Mandatory Non-Binding Arbitration Program (1987)

Legal Aid Society of Minneapolis (Managing Attorney of Southside Office 1986-88, Staff Attorney 1971-77)

Legal Services Advocacy Project, Mid-Minnesota Legal Assistance (Managing Attorney 1979-86, Supervising Attorney 1978-79)

Volunteers in Service to America (VISTA) (1969-71)

Advisory or Policy-Making Positions:

Supreme Court Guardian Ad Litem Task Force (1995-96)

Published Materials:

Executive Summary: Minnesota Supreme Court Advisory Task Force on the Guardian Ad Litem System, 2nd Annual Conference on Youth and Crime (Minnesota State Bar Association, 1996)

Notable Decisions:

1996 • Supressed a suspect’s confession on the grounds that the suspect was not given a Miranda warning before a custodial interrogation. The Minnesota Supreme Court disagreed, reversing an earlier Court of Appeals decision. The court concluded that since the suspect voluntarily came to the police station and was free to leave at any time, the police’s use of the suspect’s polygraph test to induce the suspect to confess did not convert a noncustodial setting into a custodial setting. State v. Wiernasz, No. CO-97-1092 (Minn., August 27, 1998).

1995 • Granted a directed verdict for a defendant sued by two women suffering from dissociative identity disorder (DID) claiming the defendant violated the Vulnerable Adults Act by failing to report abuse. The Minnesota Supreme Court agreed. Wall v. House, Nos. CX-96-1137, C1-96-1138 (Minn., August 27, 1998).

1994 • Ruled that Minnesota’s sex offender registration statute, which requires convicted sex offenders to register with a corrections agent and notify the agent of any change in address, does not violate state and federal prohibitions against ex post facto laws. A sex offender charged with violating the registration statute had maintained that the statute was unconstitutional as applied to sex offenders convicted before the statute took effect. The Minnesota Court of Appeals affirmed in 1995, holding that the sex offender registration statute is not punitive and therefore does not violate state and federal prohibitions against ex post facto laws. State v. Manning, No. C7-94-2242 (Minn. App., May 30, 1995). The Minnesota Supreme Court denied review in 1995.