Dear Colleagues,
Let me start with a simple question: What is the one sentence a judge should never say at sentencing or a probation hearing?
If you’ve spent any time in a courtroom, you’ve probably heard some version of it—and perhaps even said it yourself.
This new training update takes a close look at a surprisingly common (and understandable) judicial instinct: trying to impress upon a defendant the seriousness of probation… and accidentally going a step too far. As the Minnesota Supreme Court made clear in State v. Finch, that one step can have real consequences, including disqualification of the judge from a future proceeding.
In this update, I break down:
• The one statement that crosses the line
• Why the Austin analysis makes that statement improper
• How this issue typically arises in real courtrooms (with examples we’ve all seen)
• The 4 key takeaways from Finch every judge and attorney should know
• A simple, practical way to fix the problem if it happens in your courtroom
And—true to form—you’ll also find a visual illustration that captures the moment perfectly (and may feel just a little too familiar).
This is one of those issues that is easy to overlook—but once you see it clearly, you’ll never miss it again.
👉 Click here for a print ready copy of Training Update 26-5:
👉 Click here to access Update 26-5 on the Minnesota Judicial Training and Education Website:
As always, I hope you find this both helpful in your practice and useful in the courtroom. If it resonates with you, please feel free to share it with colleagues who might benefit.
Warm regards,
Alan F. Pendleton
Of Counsel, Martine Law Firm
Director of Mentorship and Education
Former District Court Judge
Minnesota Judicial Training & Education Blog
MINNESOTA JUDICIAL TRAINING & EDUCATION BLOG 