Judge Dismisses Lawsuit Against Fischbach

Michelle Fischbach Photo: KSTP
Michelle Fischbach

February 12, 2018 06:21 PM

A Ramsey County judge has dismissed a lawsuit filed against Republican Lt. Gov. and Senate President Michelle Fischbach.

A constituent from her central Minnesota district (Senate District 13) – Destiny Dusosky – filed the lawsuit against Fischbach last month. It argued it's unconstitutional for her to hold both offices. And that, as a resident of District 13, it would deprive her of representation.

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RELATED: Fischbach Faces Lawsuit over Senate, Lt. Gov. Roles

In a court filing, though, Fischbach argued an 1898 Minnesota Supreme Court decision allows her to do both jobs. Her attorney, Kevin Magnuson, argued the Senate is the "sole judge" of its members' eligibility.

Dusosky was chair of the district's local DFL party in 2017.

In his ruling, Ramsey County Judge John Guthmann said the court was without jurisdiction in the matter and that the plaintiff had failed to present a "justiciable issue."

The ruling said the court did have concerns over whether the 1898 decision can be applied to the Minnesota Constitution in its present form.

"However, this is not the right case, the right plaintiff, the right time, or the right legal context to consider the defendant's eligibility to serve in the Minnesota Senate," the ruling's conclusion read.

Fischbach automatically became Gov. Mark Dayton's second-in-command last month when Tina Smith resigned the job for a seat in the U.S. Senate.

RELATED: Fischbach Files Response to Dual Role Legal Challenge

But Democrats vowed to contest her plans to fill both jobs.

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