In 2016, Barbara Linert and Steven Timmer filed a complaint against Minnesota Supreme Court candidate Michelle MacDonald under the Minnesota Fair Campaign Practices Act. A panel of Administrative Law Judges concluded that MacDonald had falsely claimed an endorsement that she knew she had not received and ordered MacDonald to pay a fine. MacDonald appealed, claiming that the Minnesota law was unconstitutional.
Linert and Timmer retained Greene Espel to respond to MacDonald’s appeal and defend the statute. Attorneys John Baker, Kate Swenson, Karl Procaccini, and Chris Schmitter authored Linert’s and Timmer’s brief to the Minnesota Court of Appeals, and Procaccini presented oral argument. The Court issued a published opinion in our clients’ favor, unanimously rejecting MacDonald’s arguments and affirming the statute’s constitutionality.
Many of the firm’s appellate attorneys are former judicial clerks and hold leadership positions with the Minnesota State Bar Association’s Appellate Practice Council, the Eighth Circuit Bar Association, and the Federal Bar Association. Our government and constitutional litigation attorneys regularly evaluate and litigate the constitutionality of state laws and local regulations. Greene Espel is honored to have brought its experience to bear for its clients in this important case.