MN GOP E-mail Re: Michelle MacDonald - August 23, 2014

To All State Delegates, BPOU and CD O!cers,
I wanted to provide you an update on the situation you may have heard about regarding our
endorsed candidate for Minnesota Supreme Court, Michelle MacDonald.
Michelle MacDonald is our endorsed candidate. Period. Irrespective of the legitimate
concerns about the Judicial Elections Committee process, barring another state convention
to re-consider her endorsement, or a circumstance arising that would render her ineligible to
serve in the o!ce, she is our endorsed candidate through the election.
Since her endorsement, however, new information about her legal and judicial philosophy
and personal legal issues have been disclosed which the delegates did not know about
when they voted for her endorsement. She also was charged with violating the terms of her
limited driver’s license by driving for campaign purposes, wherein it was learned that she
can only drive for work, not her campaign.
In addition, her campaign has raised just $120 (not a typo) and has not signed up for data
center access, calling into question the seriousness of her campaign e"ort. Members of the
Executive Committee were concerned that she and her campaign team may use the
endorsement for their personal pursuits, which could harm other Republicans running for
o!ce
Finally, attached below is a memo from a number of conservative lawyers describing
concerns that potentially could compromise her eligibility to serve as a judge.
With that as context, Michelle MacDonald sent out an email, without talking to the State
Party, stating that she would be at the state fair booth all day, every day. The State Party
promotes access for Republican candidates in the booth and pre-scheduling if possible, but
after it appeared to us that her intent was to use the state fair booth as a platform to air her
issues, along with statements from her campaign team that they intended to create a
confrontation at the booth if she was limited to a schedule for appearances, the State
Executive Committee revised our booth policy and in accord with the policy voted to restrict
her from appearing at our booth.
She and a few supporters did indeed create a confrontation at the booth three di"erent
times. Conflict resolution specialists were on hand to politely keep her from staying, but the
situation and her currying of media attention created an unnecessary distraction from a fun
and well-planned state fair booth and our other statewide candidates on the first day of the
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fair.
Unfortunately, this whole episode and her candidacy is undermining the conservative
argument for electing judges and judicial restraint, and is also calling into question the merit
of endorsing judicial candidates.
Our State Party constitution pledges our support of endorsed candidates, but there is no
explicit commitment of specific resources. The only explicitly defined supports are our data
center policy which guarantees list access to all endorsed candidates and Republicans on
the November ballot. And our state fair booth policy provides for candidate access to the
booth within certain parameters and grants to the State Executive Committee the ability to
restrict a candidate’s access under certain conditions.
Our job is to elect Republicans. It was the State Executive Committee’s decision that for the
good of ALL Republicans’ chances, including her own, not having her appear at the booth
was preferable.
The State Executive Committee has fulfilled its duty to maintain the endorsement of Michelle
MacDonald, do its utmost for the success of all our Republican candidates, promote and
protect the image of the party, and operate fully in accord with our constitution and our
adopted policies.
Thank you for all your hard work, and let's remain focused on serving the people of
Minnesota and winning in November!
Regards,
Keith
PS - Included here is the memo received August 22nd from a group of conservative lawyers:
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:
MacDonald’s 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 State’s 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 o!cers that she was a “reserve cop” and a lawyer. She
then allegedly “began to physically resist the o!cers’ 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 driver’s
license while campaigning. According to the Star Tribune, MacDonald told the o!cer she
was a “licensed attorney” and “running for Supreme Court.” She also “[c]hanged story a
couple of time(s) then pleaded with [police o!cer] 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
o!ce – may view herself as above the law.
MacDonald’s 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 Board’s
jurisdiction over conduct that occurred prior to a judge assuming judicial o!ce) 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.”).
MacDonald’s campaign for a seat on Minnesota’s highest court, which centers around her
personal on-going e"orts 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.
MacDonald’s behavior today – where she intentionally created a public conflict and
dispute at the RPM’s 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 Party’s endorsement. To the contrary, we urge
the Executive Committee to uphold its value by carefully reevaluating the Party’s support for
MacDonald’s candidacy for Minnesota Supreme Court Justice.
Prepared and Paid for by the Republican Party of Minnesota
Keith Downey, Chair
Not Authorized By Any Candidate or Candidate's Committee
2200 East Franklin Ave, Suite 201
Minneapolis, MN 55404
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