Donovan Frank

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Donovan Frank
Image of Donovan Frank

Nonpartisan

United States District Court for the District of Minnesota (senior status)
Tenure

2016 - Present

Years in position

8

Prior offices
United States District Court for the District of Minnesota

Education

Bachelor's

Luther College, 1973

Law

Hamline University School of Law, 1977

Personal
Birthplace
Rochester, Minn.

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Donovan W. Frank is a federal judge on senior status with the United States District Court for the District of Minnesota. He first joined the court in 1998 after being nominated by President Bill Clinton.[1]

Early life and education

A native of Rochester, Minnesota, Frank graduated from Luther College with his bachelor's degree in 1973 and from the Hamline University School of Law with his J.D. in 1977.[1]

Professional career

  • 1991-1996: Chief judge
  • 1988-1991: Assistant chief judge

Judicial career

District of Minnesota

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Donovan W. Frank
Court: United States District Court for the District of Minnesota
Progress
Confirmed 153 days after nomination.
ApprovedANominated: May 21, 1998
ApprovedAABA Rating: Unanimously Qualified
Questionnaire:
ApprovedAHearing: July 30, 1998
QFRs: (Hover over QFRs to read more)
ApprovedAReported: September 17, 1998 
ApprovedAConfirmed: October 21, 1998
ApprovedAVote: Voice vote

Frank was nominated by President Bill Clinton on May 21, 1998, to a seat vacated by Judge David Doty as Doty assumed senior status. The American Bar Association rated Frank Unanimously Qualified for the nomination.[2] Hearings on Frank's nomination were held before the United States Senate Committee on the Judiciary on July 30, 1998, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on September 17, 1998. Frank was confirmed on a voice vote of the U.S. Senate on October 21, 1998, and he received his commission the next day. Frank assumed senior status on the court on October 31, 2016.[1][3]

Noteworthy cases

Campaign finance provisions (2014)
See also: United States District Court for the District of Minnesota (Seaton et al v. Wiener et al, Civil No. 14-1016 (DWF/JSM))

On May 19, 2014, Frank struck down a Minnesota campaign finance provision prohibiting candidates from receiving large contributions after having already received a certain number of large contributions. For example, under the law in question, the first 12 donors to a state legislative candidate could contribute up to $1,000, but subsequent donors could only contribute a maximum of $500. With Frank's ruling, this prohibition no longer applies.[4][5]

DUI tester code case (2009)
See also: United States District Court for the District of Minnesota (State et al v. CMI OF KENTUCKY, INC., Civil No. 08-603 (DWF/AJB))

On July 16, 2009, Judge Donovan Frank certified a settlement that gave the state of Minnesota and criminal defendants access to a digital code that runs the breath-test device for suspected drunken drivers.[6]

Attorneys for the State of Minnesota and CMI, a company that manufactures the Intoxilyzer 5000EN, pushed for approval of the settlement at a hearing Judge Frank conducted in June of 2009. Defense attorneys in Minnesota opposed the settlement by claiming it can hurt defendants in drunk driving cases.[6]

Judge Frank also stated in his ruling: "The State may move forward with prosecution of DWI offenses and revocation proceedings using the Intoxilyzer and defendants will have reasonable andunprecedented access to the source code used for the Intoxilyzer, while CMI'sintellectual property rights are protected."[6]
Defense lawyers expressed concern that Judge Frank's ruling would force attorneys to spend more time and money to determine whether the device contained errors and provided faulty readings.[6]
In an April 2009 ruling, the Minnesota Supreme Court ordered that the Intoxilyzer source code should be handed over to defendants. However, the code Intoxilyzer source code was not issued to any defendants until a settlement in the federal case was approved. From the April Supreme Court ruling to the July settlement, some drunk driving cases were dismissed in Minnesota.[6]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Federal Judicial Center, "Biographical directory of federal judges," accessed November 3, 2016
  2. ↑ American Bar Association, "Ratings of Article III judicial nominees, 105th Congress," accessed November 3, 2016
  3. ↑ United States Congress, "PN 1113 — Donovan W. Frank — The Judiciary," accessed November 3, 2016
  4. ↑ Ballot Access News, "U.S. District Court Enjoins Minnesota Campaign Contribution Limit," May 19, 2014
  5. ↑ United States District Court, District of Minnesota, "Civil No. 14-1016 (DWF/JSM)," May 19, 2014
  6. ↑ 6.0 6.1 6.2 6.3 6.4 Star Tribune, "State, defendants get access to code that runs DWI tester," July 16, 2009 (dead link)
Political offices
Preceded by:
David Doty 		District of Minnesota
1998–2016
Seat #3 		Succeeded by:
Eric Tostrud



Minnesota courts

Federal courts:

Eighth Circuit Court of Appeals • U.S. District Court: District of Minnesota • U.S. Bankruptcy Court: District of Minnesota

State courts:

Minnesota Supreme Court • Minnesota Court of Appeals • Minnesota District Courts • Minnesota Problem-Solving Courts • Minnesota Tax Court • Minnesota Workers' Compensation Court of Appeals

State resources:

Courts in Minnesota • Minnesota judicial elections • Judicial selection in Minnesota

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