Committee, Caseflow Management Committee, and Court Services
Committee. “My career is kind of separated into big pieces of times of
change,” he notes.
Most recently, he has been involved in criminal justice reform, which
includes efforts to reduce recidivism through treatment programs
and addressing the basic needs of offenders. Racek was assigned to
work with representatives of the Department of Corrections on a
study of presentence investigations and worked with the Council
for State Government on recommendations to reduce incarceration
and effectively manage sentenced individuals in the community. He
worked with graduate students at North Dakota State University on
evaluating the effectiveness of various DUI sentences and participated
in the management of local drug courts. Racek was also appointed by
the Chief Justice to be the judicial representative to the Legislative
Interim Committee on alternatives to incarceration.
He has served as presiding judge of the East Central District for
nearly a decade and says he has enjoyed working to “manage the
details of a very complex business,” which includes managing 12,000
new cases each year, as well as cases that are re-opened. “You have to
create a system that works for all involved,” Racek notes.
He says networking has also been an important skill set in his
position. “Especially when the judicial branch is funded by the state,
but the physical buildings are funded by the county,” Racek notes. “It
is important in convincing the county, state, and other organizations
of what is needed and what is good for the system. It is about getting
all people on the same page, at the same time.”
He notes his wife, Margaret, has also remained a mentor to him
during his career. “She has advanced degrees in counseling and school
psychology and has given me a lot of insight into how people react
and deal with various circumstances,” he notes.
Racek says the advice he shares with law students and young lawyers
relates to helping others through the law profession. “It should be
viewed as a profession where you have a unique ability to do good
for people. Practice in a way that improves the lives of the people you
represent,” he notes. “Do good for others, follow a code of ethics, and
be professional.”
RETIREMENT PLANS
Racek says he doesn’t have set plans for his retirement, but plans
to spend more time with Margaret and his daughter, Adrianne,
who recently completed her fellowship in gynecological oncology
surgery and will be moving to Minneapolis along with Racek’s
granddaughter, Elsie. “We are definitely going to try to spend more
time with my daughter and granddaughter,” he says.
He notes he likes to point out to his staff and colleagues that he
is the “last judge in Cass County from the last century,” and says
he is proud to have worked in a stable court system that benefited
the community. “If the court runs well, controversies are decided
promptly. You can help the community you live in if you have a stable
court system,” he notes. “It is like being the referee. If you do a good
job, no one even knows you are there.”
He says he has been part of many memorable
local cases throughout his career. “When I
first started as a county judge, we had a series
of protest cases. I have also been involved
in sad cases involving homicide and many
unique community issues including annexing
land, toll bridges, and actions of boards and
commissions.”
Racek has presided over hundreds of jury trials,
handled thousands of pretrial matters, and
sentenced an estimate of nearly 20,000 criminal
defendants during his career. “It is a lot of
unique cases, both civil and criminal, and a lot
of memorable cases,” he says.
PROFESSIONAL ADVICE
When he began working for his father, Racek
says his mentors were the insurance adjustors
who were his associates. “They taught me the
job and a lot about dealing with people,” he says.
When his law career began in private practice,
his mentors became the lawyers at his firm. “The
three lawyers I practiced with were among the
best teachers of their time and excellent trial
lawyers.”
SUMMER 2020 11