Judge of the Day

Judge of the Day: Thor Anderson Doesn't Let His Personal Feelings Interfere with the Law

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District Judge Thor Anderson, a trial court judge in Minnesota, could be a Judge of the Day simply on the strength of his powerful name. His dashing picture to the right — taken a long time ago, perhaps in a galaxy far, far away — would be enough to clinch the deal.
But Judge Anderson (a.k.a. Mr. Thor) also has a creative flair when he writes opinions. Last week, the judge ruled in favor of an alleged drunk driver, by granting a pretrial discovery motion. But his unhappiness with the outcome, dictated by a Minnesota Supreme Court ruling that he believes makes no sense, will shake law libraries in Minnesota like a terrifying thunderclap.
At issue was Minnesota’s source code litigation. The Minnesota Supreme Court has ruled that drunk driving defendants are entitled to the source code from their (failed) breathalyzer tests. This would be fine, if the state actually had the source code — which it doesn’t.
Judge Anderson explains the problem like this:

Notwithstanding the state’s difficulties in obtaining the source code from the Breathalyzer’s manufacturers, the Minnesota Supreme Court believes that defendants are entitled to the information.
The thunder God becomes angered, after the jump.


This is how Judge Anderson interprets the Minnesota Supreme Court decision:

But Anderson is a dutiful judge. He will not be so impudent as to ignore a higher power.

Still, Mr. Thor has one final hammerstroke for the higher court. After a brief history lesson about the travails of Galileo, Judge Anderson closes:

Judges (and gods) occasionally must yield to the vagaries of history. But they don’t have to go quietly.
Minnesota v. Sommers [PDF]
Judge Anderson whispers: the state doesn’t have the source code [Minn Lawyer Blog]

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