The Commission on Judicial Selection recommended both Mark Starr and Gordon Coldagelli to Minnesota Gov. Tim Pawlenty as finalists qualified to become a Northeastern Minnesota judge in 2004.
Fourteen lawyers had applied for the position. Starr and Coldagelli were two of the three finalists. Pawlenty picked Starr to sit on the 6th Judicial District bench in the St. Louis County Courthouse in Hibbing.
Now it will be up to the voters of St. Louis, Carlton, Lake and Cook counties -- all part of the 6th Judicial District -- on Tuesday to decide if Starr should keep his job, or give it up to Coldagelli, who is challenging the incumbent.
Starr says he has given voters no reason to remove him as judge.
"I've got the backing of almost all of the people in Hibbing who have signed on as public supporters of me," Starr said. "All the people who appear before me say I'm doing a good or excellent job. There's not one thing that Gordy [Coldagelli] can point to where I haven't done my job well."
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Coldagelli points to his own experience.
"The greatest asset I have is real courtroom and trial experience," Coldagelli said. "My opponent had a flier that went out in the Duluth paper that talks about his 20 years of court experience. There's a big difference between a person who spends time in a courtroom as a lawyer and a lawyer that's a trial lawyer."
Starr concedes that Coldagelli has far more experience trying cases to juries, but as the incumbent judge he has nearly three years of experience on the bench presiding over all types of cases in a courtroom. His responsibility is to oversee the work that lawyers like his opponent do.
"I've learned about interacting with people in the courtroom," Starr said. "I've improved my ability to ask the right questions and try to get at what the main issues might be -- whether it be a criminal matter where somebody has a problem with alcohol or drugs, or a kid not going to school -- and trying to find out what the reason is, and what I can do to try to change somebody's behavior."
Starr, 50, of Hibbing worked in the St. Louis County attorney's Virginia office from 1988 until being appointed judge. He was an attorney with the Hibbing law firm of Matonich and Persson from 1983 to 1988, a law clerk from 1982 to 1983 and an attorney with the Minneapolis law firm of Peterson, Engberg and Peterson in 1982. He earned his law degree from the University of Minnesota in 1981 and his Bachelor of Arts degree from the University of Wisconsin in 1978.
Coldagelli, 50, of Eveleth has worked as a prosecutor in the St. Louis County attorney's Virginia office since 1987. He was an associate attorney with the Virginia law firm of Cope and Peterson from 1985 to 1987 and a public defender from 1983 to 1985.
He earned his law degree from the University of North Dakota in 1981 and his Bachelor of Arts degree from the University of Minnesota Duluth in 1978.
Judges are elected to six-year terms, and any midterm vacancies are filled by governor's appointment. The current annual salary is $121,712.
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Only once in the past 38 years has an incumbent Northeastern Minnesota judge been defeated, and that was a dozen years ago.
Incumbent judges have one advantage no other candidates in Minnesota have: The word incumbent appears below their name on the ballot.
Coldagelli thinks that incumbent is an unfair label to give his opponent because Starr was appointed by the governor and not elected.
"That certainly is an advantage to an incumbent," Coldagelli said. "I don't think they should have that. A judge who has not been elected should not have the designation as incumbent until being elected the first time by the people."
Starr agreed that it's an advantage for a candidate for judge to be labeled as the incumbent. He said it shows that the candidate already has gone through a rigorous screening and review process, including having thorough checks conducted of their background and financial records and numerous references contacted before their name is passed on to the governor by the Commission on Judicial Selection. Coldagelli went through the same process when he applied for judge.
When contacted Thursday, neither the Minnesota Court Information Office nor the 6th Judicial District administrator's office in Duluth could explain why judges are identified as incumbents on the ballot. Both offices referred the question to the Secretary of State's office. An e-mail and phone message left at the Secretary of State's office weren't returned Thursday.
MARK STODGHILL covers public safety and courts. He can be reached weekdays at (218) 723-5333 or by e-mail at mstodghill@duluthnews.com .
