JUDGE JOHN R. TUNHEIM Biographical Material

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CHAMBERS 300 SOUTH FOURTH STREET JOHN R. TUNHEIM MINNEAPOLIS, MN 55415 DISTRICT JUDGE (612) 664-5080 JUDGE JOHN R. TUNHEIM Biographical Material Judge John R. Tunheim has served for over eleven years as a United States District Judge since taking his oath of office on December 29, 1995. He was nominated by President Clinton on July 10, 1995 and confirmed by the United States Senate on December 22, 1995. One of seven district court judges in the District of Minnesota, his courtroom and chambers are in Minneapolis and he handles both criminal and civil trials for which the federal courts have jurisdiction. He also occasionally hears cases in Duluth, St. Paul and Fergus Falls. When confirmed, Judge Tunheim was the twenty-ninth individual chosen to serve as a United States District Judge since Minnesota was granted statehood in 1858. Judge Tunheim served as the Chairman of the U.S. Assassination Records Review Board, an independent federal agency responsible for reviewing and facilitating public disclosure of previously classified government records related to the assassination of President John F. Kennedy. He was nominated to the part-time post by President Clinton in September, 1993 and confirmed by the U.S. Senate in February, 1994. The Review Board completed its very successful work on September 30, 1998, presenting its Final Report to President Clinton and establishing a legacy of over 4 million pages of materials concerning the assassination now available to the public at the National Archives in College Park, Maryland. Judge Tunheim received the James Madison Award in 1999 from the Coalition on Government Information for his work in declassifying intelligence and law enforcement records. Prior to his appointment as a federal judge, Judge Tunheim served 9-1/2 years as Chief Deputy Attorney General in the Minnesota Attorney General s Office. As the senior appointed official in Attorney General Skip Humphrey s Office, he was responsible for supervising and directing all operations of the office. Among his duties were the supervision of all legal services, including both criminal and civil litigation, the recruitment and supervision of the office s lawyers, chairing the management team, representing the governor and other top state officials, working with the Legislature, and handling significant constitutional cases. He also served as Minnesota Solicitor General and Manager of the Attorney General s Public Affairs Litigation Division from 1984-1986. Page 1 (Feb. 08)

He spent three years in private litigation practice with the St. Paul law firm, Oppenheimer, Wolff, Foster, Shepard and Donnelly from 1981-1984 and served as Law Clerk to Senior U.S. District Judge Earl Larson in Minneapolis in 1980-1981. He is a 1980 cum laude graduate of the University of Minnesota Law School where he served as President of the Minnesota Law Review. The Minnesota Law Review honored Judge Tunheim in 2006 with its Distinguished Alumni Award for extraordinary contributions to the profession and to society. He is a 1975 summa cum laude graduate of Concordia College in Moorhead, Minnesota, and served from 1975-1978 as a Staff Assistant to U.S. Senator Hubert H. Humphrey. In 2004, Concordia College conferred on Judge Tunheim the degree of Doctor of Humane Letters, Honoris Causa, and its Distinguished Alumni Achievement Award. Judge Tunheim has invested a significant amount of time and effort to help the United Nations reform the judicial system in Kosovo and now to assist the new government in Kosovo. Beginning in February 2000, seven months after the end of the NATO campaign, he spent three weeks in Kosovo assessing the judiciary and advising the United Nations on needed reforms and development of the rule of law. The assessment permitted him to visit nearly all courts throughout Kosovo. The first Judicial Assessment Mission, as it was called, proposed a comprehensive list of prioritized changes and resulted in part in the highly successful Quick Start Program, which made the courts operational. He returned to Kosovo in June 2000, in October 2000, and in April 2001 to continue assisting the U.N. in developing the Kosovar judiciary and to supervise the first elections. From 2003 to 2005, Judge Tunheim was instrumental in leading an international team conducted intensive interviews and study, and ultimately proposed a significant restructuring of the Kosovo judiciary and a new model for judicial governance. The detailed plan has been the subject of widespread praise and support and was accepted at a high level conference in Pristina in February 2005. The governance proposal has been adopted as law in Kosovo. He has also developed the successful plan to recruit American judges to serve as international judges and judicial training coordinators in Kosovo. Judge Tunheim also lead a team that drafted extensive commentary to parts of the new Kosovo Criminal Procedure Code. He also lead a roundtable discussion in November 2006 focused on the need for improvements to the guilty plea process for criminal cases in Kosovo. As follow-up, he has drafted new code provisions to permit negotiated written plea agreements and cooperating defendants. Judge Tunheim has hosted many delegations of Kosovo government officials in Minnesota and in Washington, D.C., and helped develop cooperative agreements between American law schools and the University of Pristina Law School. Throughout 2007 and continuing into 2008, Judge Tunheim, working with USAID, was a primary advisor to and expert for the Commission that drafted the new Kosovo Constitution for independent Kosovo. The Constitution was ratified in April 2008. He has also taught at Justice Department conferences on criminal procedure and trial skills in Budapest, Hungary in October 2001 and December 2002, in Almaty, Kazakhstan in January 2002, in Tashkent and Namangan, Uzbekistan in May 2003, and in Tashkent, Uzbekistan in July 2004, and Bishkek, Kyrgyzstan in June 2007. He was an international supervisor at Kosovo s first elections in 2000 and an international observer at the September 2002 Macedonia elections. He has Page 2 (Feb. 08)

traveled three times to Uzbekistan to help lead a dialogue on human rights in Uzbekistan which began in the fall of 2003 and continued into 2005. His Tashkent lectures focused on understanding the International Covenant on Civil and Political Rights and other international agreements. He has also worked with the ABA/CEELI program to help revise the Georgian Criminal Procedure Code and assisted the Georgians in Tblisi in November 2004 with a plan to begin jury trials. Twice, he has taught intellectual property law and practice to judges from the Balkan countries. In addition, Judge Tunheim traveled to Russia in June 1999 and January 2000 for the American Bar Association Central European and Eurasian Law Initiative to teach criminal law and procedure and he has participated internationally in conferences on developing procedures for opening classified government information in Lithuania and Moldova. Judge Tunheim has also helped develop an extensive course on judicial ethics to be taught at the CEELI Institute in Prague. He has taught federal and state constitutional law as an Adjunct Professor of Law at the University of Minnesota Law School and is currently serving as a Member of the Board of Visitors at the law school. He was chosen as an Emerging Leader and served as a Mondale Fellow at the Hubert H. Humphrey Institute of Public Affairs at the University of Minnesota in 1992-93. Currently, Judge Tunheim serves as a Member of Dean s Advisory Council at the Humphrey Institute. He is also serving as a Member of the Board of Regents of Concordia College in Moorhead, Minnesota. He is also President of the Norwegian-American Historical Association and a member of the Executive Committee of the Norwegian Nobel Peace Prize Forum. He has served since 2005 as the Chair of the United States Judicial Conference Committee on Court Administration and Case Management (CACM), a committee with broad jurisdiction for making policy recommendations for the federal judiciary. He has served on the CACM Committee since 2000. He is also President and a long time member of the Board of Directors of the American Judicature Society, an organization devoted to justice system improvements in the areas of judicial ethics, merit selection of judges, juror comprehension and avoiding wrongful convictions. Judge Tunheim is also a member of the Federal Judges Association, and a member of the Board of Directors of the Minnesota Chapter of the Federal Bar Association. While he was Chief Deputy Attorney General, Judge Tunheim personally argued three cases before the United States Supreme Court, Hodgson v. State of Minnesota (1989), Perpich v. U.S. Department of Defense (1990), and Growe v. Emison (1992), winning two. While a practicing attorney, he served the United States District Court for the District of Minnesota as a member of both the Federal Practice Committee and the Advisory Committee on Civil Justice Reform. Page 3 (Feb. 08)

He is a former Chair and member of the Council of the American Bar Association Division on Government and Public Sector Lawyers, a division he helped establish in 1991, and serves on the Division s Council of Fellows. He now serves as the Division s representative in the ABA House of Delegates and is also a member of the ABA House of Delegates Committee on Drafting. The Government and Public Sector Lawyers Division honored him in August 2003 with its Clair Nelson Award for Excellent Service to the American Bar Association. Through the years, he served the Division as Chair, as Treasurer, as Chair of the Finance, Nominating and International Committees, as Vice Chair, and now as Delegate. He has served on the American Bar Association Advisory Board for the Central European and Eurasian Law Initiative for the past six years. In addition, he is a member of the Council for the National Conference of Federal Trial Judges in the ABA Judicial Division and serves on the ABA Advisory Committee to the Standing Committee on Election Law. He also served a two-year term as Co-Chair of the Public Law Section of the Minnesota State Bar Association, a section he helped to establish. The Section honored him in 2004 with its Justice Rosalie Wahl Award for Judicial Excellence. He is also currently serving as the Chair of the Standards Task Force on the Prosecution and Defense Function for the ABA Criminal Justice Section, an ABA task force that is responsible for revising the standards governing prosecutors and defense lawyers in criminal matters. He served as a delegate from the American Council of Young Political Leaders to Russia in December 1991. He was a delegate to the Democratic National Convention both in 1988 and in 1992. He was the first ever recipient of the David Graven Public Service Award from the Minnesota State Bar Association in 1994, an award which is given to the Minnesota lawyer who best exemplifies the high standards of the profession in combination with a commitment to public or community service. He is the 1991 recipient of the Marvin Award from the National Association of Attorneys General ( NAAG ), annually presented to the most outstanding assistant attorneys general in America. He received the 1988 President s Distinguished Service Award from NAAG for his work as an editor of the book Office of Attorney General: Powers and Duties. He chaired the 1990 and the 1991 Chief Deputies Conferences and conducted frequent management consulting for attorneys general and their staffs throughout the United States. In 1990, he served as a member of Governor Perpich s Select Committee on the Impact of Drugs on Crime, Education and Social Welfare. From 1987-1991, he was a member of the Synod Council of the St. Paul Area Synod of the Evangelical Lutheran Church in America. In 1985, he cochaired the Minnesota State Bar Association/Attorney General Task Force on Legal Advice to Farmers. He served as Chair of the Washington County Planning Advisory Commission from 1989-1992 and as a Member of the City of Stillwater Charter Commission from 1989-1995. He was a founding Board Member and served for nine years on the Board of the St. Croix Valley Community Foundation. He is a former member and Chair of the Board of Directors of Family Service St. Croix, and a former member of the Board of the University of Minnesota Law Alumni Association. He is also a former President of Trinity Lutheran Church in Stillwater, Minnesota, and an active youth sports coach in his home community. Page 4 (Feb. 08)

He lives in Stillwater, Minnesota, with his spouse, Kathryn, who is President of a Minneapolis marketing and communications firm, Tunheim Partners, and their two children, Elizabeth and Samuel. He was born and raised in Newfolden, a small farming community in the Red River Valley in northwestern Minnesota. He has authored a book which is a study of immigration and settlement in northwestern Minnesota called A Scandinavian Saga (Lakes Publishing, 1984). Page 5 (Feb. 08)