Donovan Frank

Donovan Frank
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Current Court Information:
United States District Court for the District of Minnesota
Title:	Judge
Position:	Seat #3
Service:
Appointed by:	Bill Clinton
Active:	10/22/1998 - Present
Preceded by:	David Doty
Personal History
Born:	1951
Home State:	Rochester, MN
Bachelors:	Luther College, B.A., 1973
Law School:	Hamline U. School of Law, J.D., 1977

Donovan Frank is an Article III federal judge for the United States District Court for the District of Minnesota. He joined the court in 1998 after being nominated by President Bill Clinton.

Early life and education

A native of Minnesota, Frank graduated from Luther College in Decorah, IA with his Bachelor's Degree in 1973 and later graduated from the Hamline University School of Law in St. Paul, MN.

Professional career

Frank started his legal career as an Assistant County Attorney for the St. Louis County Attorney's Office from 1977 to 1985. In 1985, Frank was elected a District judge in the Minnesota Sixth Judicial Circuit Court from 1985 to 1998. While on the court, Frank served as the Assistant Chief Judge from 1988 to 1991 and served as the Chief Judge from 1991 to 1996 .

Judicial career

District of Minnesota

On the recommendation of Senators Paul Wellstone and Mark Dayton, Frank was nominated by President Bill Clinton on on May 21, 1998, to a seat vacated by David Doty as Doty went on senior status. Frank was confirmed by the U.S. Senate on October 21, 1998 on a Senate Vote and received commission on October 22, 1998.

Notable cases

DUI tester code case

United States District Court for the District of Minnesota      *State et al v. CMI OF KENTUCKY, INC. Civil No. 08-603 (DWF/AJB)

Judge Frank on July 16, 2009, 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 . 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. Judge Frank's ruling stated: "the agreement was in the public interest and the interests of justice." 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." A concern that defense lawyers expressed with Judge Frank's ruling would force attorneys to spend more time and money to determine whether the device contained errors and provided faulty readings. 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. The Minnesota Supreme Court ruling can be read here: In Re: Commissioner of Public Safety

See also

• United States District Court for the District of Minnesota

External links

• Judge Frank's page at the Federal Judicial Center

References

Federal judicial offices
Preceded by: David Doty	District of Minnesota 1998–Current Seat #3	Succeeded by: NA