Tag Archives: Probation Violation Hearing

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.

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Warm regards,

Alan F. Pendleton
Of Counsel, Martine Law Firm
Director of Mentorship and Education
Former District Court Judge
Minnesota Judicial Training & Education Blog