4/7 MN Supreme Court judges may recuse themselves in Coleman appeal

http://tpmdc.talkingpointsmemo.com/2009/04/who-will-be-left-on-minnesota-supreme-court-to-hear-appeal.php?ref=fp1

Who Will Be Left On Minnesota Supreme Court To Hear Appeal?
By Eric Kleefeld - April 13, 2009, 6:39PM

Here's a good question as the seven-judge Minnesota Supreme Court gears up for an expected appeal from Norm Coleman, who is nearly certain to lose the election trial: Just how many justices will be left to hear it?

As it is, it already seems like two justices are solid bets to recuse themselves: Chief Justice Eric Magnuson and Associate Justice Barry Anderson, who served on the special state canvassing board, and previously recused themselves in state Supreme Court proceedings in this case, when the court addressed questions such as rejected absentee ballots and when a certificate of election could be granted.

But now we know that Justice Christopher Dietzen has donated money to Norm Coleman -- the checks were written over five years ago, before Dietzen first became a judge -- should he recuse himself? He's already participated in the other litigation listed above, and in all fairness he didn't seem to be biased.

And this one isn't quite so solid, but some people might wonder whether Associate Justice Alan Page should recuse himself, because he appointed the three-member trial court. (That job originally would have gone to the Chief Justice -- but he'd recused himself, leaving it to Page as the most senior associate justice.)

At least there are 3 left, hope it doesn't go to 2.