Dayton Ponders State High Court Diversity In Upcoming Picks

ST. PAUL, Minn. (AP) — Ethnic and gender diversity will among Gov. Mark Dayton's considerations as he prepares to fill two upcoming openings on the Minnesota Supreme Court, the Democrat said Monday.

The application period closes Tuesday for the seat now held by Justice Alan Page, who reaches the mandatory retirement age in August. Another justice, Wilhelmina Wright, would leave the court if her nomination for a federal judgeship is confirmed by the U.S. Senate. They are the only black justices on the court.

"I'm conscious of the diversity factor," Dayton told reporters after giving welcoming remarks to a national gathering of American Indian tribal leaders. "I'm also conscious that when Justice Wright departs there will be only one woman, the chief justice at that point. That's also a consideration."

Dayton said he expects a difficult decision ahead of his anticipated August selection of Page's successor. A special panel screens applicants and submits a select few to the governor for interviews, though Dayton is not bound by the panel's recommendations.

In Minnesota, gubernatorial appointments to the high court aren't subject to confirmation and justices can serve until age 70. They do have to periodically defend their seats in elections, though no incumbent in recent memory has lost. Page got to the court through an election in 1992 when there was a rare open seat that wasn't filled through an appointment.

Dayton has made two prior picks to the court. He named Wright in 2012 and former campaign lawyer David Lillehaug in 2013. Four of the seven justices were named by former Republican Gov. Tim Pawlenty.

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