STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

Case type: Marital Dissolution
Court File No. 27-FA-11-7451

In Re the Marriage of: )

)
Keith Maurice Ellison, )
)
Petitioner, ) MEMORANDUM OF LAW IN SUPPORT
) OF ALPHA NEWS’ MOTION TO
v. ) INTERVENE AND UNSEAL RECORDS
Kim Dore Ellison, )
)
)
Respondent. )
)

INTRODUCTION

Alpha News is a Minnesota Domestic Non-Profit Corporation. It provides

coverage of news and politics at alphanewsmn.com. It has extensively covered local

Minnesota and national politics since 2015. As a non-profit news organization in

Minnesota, it shares the same legal structure as Minnesota Public Radio and “MinnPost.”

Keith Ellison has generated significant news coverage as a long-time Congressman from

Minnesota, the current Deputy Chair of the Democratic National Committee, and now as

the Democratic Candidate to be the Minnesota Attorney General, a position created by

Article 5 of the Minnesota Constitution of Minnesota. The office Petitioner seeks is the

chief legal officer of the state of Minnesota and is generally regarded as the top law

enforcement official of Minnesota.

Information about the candidates of this political race is of great importance to the

voting public. Keith Ellison has been accused of various instances of domestic violence

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or abuse by former partners. These claims arise in the past and contemporaneously with

his candidacy for Minnesota Attorney General. The examination of these claims is, as of

the date of this motion, greatly in the public interest and hence relevant to media

coverage. Alpha News seeks to intervene in this case for the purpose of obtaining

documents relevant to the public discussion about this election.

MOTION TO INTERVENE

The standard for intervention.

Minnesota Rule of Civil Procedure 24.01 states as follows:

Upon timely application anyone shall be permitted to intervene in an action when the
applicant claims an interest relating to the property or transaction which is the subject of the
action and the applicant is so situated that the disposition of the action may as a practical
matter impair or impede the applicant's ability to protect that interest, unless the applicant's
interest is adequately represented by existing parties.

The Minnesota Supreme Court interpreted this rule in Minneapolis Star Tribune

Co. v. Schumacher, 392 N.W.2d 197, 207 (Minn. 1986), establishing a four-part test. The

elements of this test are: 1) a timely application for intervention; 2) an interest relating to

the property or transaction which is the subject of the action; 3) circumstances

demonstrating that the disposition of the action may as a practical matter impair or impede

the party’s ability to protect that interest; and 4) a showing that the party is not adequately

represented by the existing parties. Id. A discussion of these elements follows.

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1. Alpha News’ Application is Timely.

Alpha News’ Application to Intervene is timely because at the time of the filing of

this motion there is a statewide election involving on of the parties who is of statewide

and national prominence. Specifically, there have been allegations by former partners of

the Petitioner of domestic and emotional abuse. New outlets of every stripe, locally,

nationally, and even internationally, have covered the current Minnesota Attorney

General race, ostensibly because of the prominence and celebrity of the Petitioner. “The

case law regarding the requirement of timely intervention reveals that such a matter must

be determined on a case-by-case basis.” Engelrup v. Potter, 224 N.W.2d 484, 488 (Minn.

1974). In analyzing this motion, the court should examine several factors, including how

far the case has progressed at the time of intervention, the reason for delay, and the

possible prejudice to existing parties caused by that delay. Schumacher, 392 N.W.2d at

207.

A. Progression of the Case at Time of Intervention

A final judgment and decree was entered six years ago, however, it appears from

the docket that there are motions pending. The record is sealed, but it appears that the

instant motion practice may relate to spousal maintenance. Only the Notice of Hearing is

viewable in the file.

B. The Public’s Interest Outweighs Possible Prejudice to Existing Parties

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 This is a dissolution action without children; the parties and anyone interested are

adults. There is no reason to believe that the timing of Alpha News’ request to intervene in

the case and make the records open to the public and all media would prejudice any of the

parties in the case.

C. There has been no delay on the part of Alpha News.

The Petitioner’s present candidacy for Minnesota Attorney General demonstrates

the timeliness of Alpha News’ Application to Intervene. If he were no longer a candidate

for this important office, this Application would be untimely. At the time of this motion,

both the Democratic-Farmer-Labor party and the Democratic National Committee

confirmed that they have ongoing investigations into the conduct of the Petitioner vis-à-vis

domestic abuse allegations.1

2. The Public Has an Interest in the Subject of the Action.

The Petitioner’s candidacy for Minnesota Attorney General and position as Deputy

Chair of the Democratic National Committee makes details of his life relevant and

pertinent to the media and the voting public. Even if the file does not contain allegations

of domestic abuse, it may contain other information that would be of interest to the media

1
https://kstp.com/news/state-and-national-democrats-say-ellison-investigation-remains-ongoing/5074250/?cat=1

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and the public regarding this significant political race.

3. Circumstances Demonstrate That the Disposition of the Action May as a

Practical Matter Impair or Impede the Alpha News’ Ability to Protect Its

Interest.

If Alpha News does not intervene in this matter to unseal these records, the records

in this case would remain sealed, and the media and public interest in viewing these

records would not be vindicated. If Alpha News does not intervene and obtain an order

to unseal the records, potentially newsworthy information would be withheld from the

media, the public, the Democratic-Farmer-Labor Party, and the Democratic National

Committee. If there is relevant information in the file, the Democratic-Farmer-Labor

Party and the Democratic National Committee could potentially use it in their respective

ongoing investigations of the Petitioner.

4. Alpha News is not Adequately Represented by Existing Parties.

There is no indication at this time that the existing parties would represent the

interest of the public, the media, and Alpha News in this matter. Specifically, but for the

instant motion of Alpha News, these records would continue to remain sealed. The

Minnesota Court of Appeals has held that Minn. R. Civ. P. 24 should be construed

liberally to allow intervention where possible. Omegon, Inc. v. City of Minnetonka, 346

N.W.2d 684 (Minn. App. 1984).

MOTION TO UNSEAL

1. There is a Common Law Right of Access to Inspect Civil Court Records.

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 The right of access to civil court documents has been described by the Minnesota

Supreme Court as “fundamental to a democratic state.” Schumacher, 392 N.W.2d at 202.

Courts have discretion with regard to their own records and there is a presumption

weighing in favor of public access. The defeat of this presumption in favor of public

access can only be obtained by a party showing a sufficiently strong interest in denying

public access. Id.

The Minnesota Supreme Court has set forth two standards to weigh the interests of

the parties versus the public with regard to access to court records. There is a common

law standard and a constitutional standard. Id. Minnesota courts generally apply the

common law standard which dictates that the court apply a balancing test to the issue.

This test involves balancing the aforementioned interest in the public of access to civil

court records against those seeking to prevent access, specifically concerns about privacy,

safety, a potential for improper use and any other concerns of such parties. Id. at 202.

In this case, Alpha News does not seek the Social Security Numbers or Tax

Returns of the parties, as this could give rise to identity theft concerns. There is nothing

known to Alpha News that would affect the safety of the parties or that information

would be used for an improper use. Alpha News, other media and the public’s interest in

access to civil court filings strongly outweigh any potential concerns of the other parties

to this matter.

2. Right of Access in Divorce Proceedings.

In Kasal v. Kasal, 35 N.W.2d 745, 746 (Minn. 1949), the Minnesota Supreme

Court explicitly held that the public has a role in marital dissolution proceedings, stating:

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“Marriage is a civil contract, to which there are three parties: the husband, the wife, and

the State; and while a suit for divorce upon its face is a mere controversy between the

parties to the record, yet the public occupies the position of a third party.” Id. In the

instant matter, even the order sealing the record is not accessible to the public. These

records belong to the public and should not be kept from them at this time.

CONCLUSION

Based upon the foregoing, Alpha News requests that its motion to intervene and

unseal the records in this case, as set forth in its Notice of Motion and Motion, be

granted. Alpha News further requests that this matter be set for hearing as soon as

possible, as there is an election relating to the Petitioner’s candidacy on November 6,

2018.

Dated: September 18, 2018 By: /e/ Nathan M. Hansen

Nathan M. Hansen #0328017
2440 Charles Street North, Ste 242
North St. Paul, MN 55109
651-704-9600
Nathan@hansenlawoffice.com
Attorney for Alpha News