The State Bar Association of North Dakota Fall 2014 Gavel Magazine | Page 28

NEARING RETIREMENT, KAREN KLEIN LOOKS BACK
ON 30 YEARS AS A FEDERAL MAGISTRATE JUDGE
One general change Klein has observed
over the years is a greater emphasis on
active case management in the court. “This
is different from judicial activism, but
both practice and procedure rules have
demanded more oversight to move cases
along quickly and inexpensively,” she says.
“It has brought mixed results, which are
sometimes good and sometimes just cause
more time and expense.”

United States Magistrate Judge Karen Klein
is retiring in January from what was a newly
created position for the U.S. District Court of
North Dakota in 1985. In the past 30 years, she
has helped define the role of magistrate judges.
She has also made a significant contribution
toward training judges in mediation and other
legal issues in the country and around the
world.
“It was interesting when I started this job in
1985,” Klein recalls. “On one hand, it was a bit
intimidating because it was new. On the other
hand, there was no path to follow so I could set
it up the way I wanted.”
Initially the main responsibilities of magistrate
judges were to issue warrants and set bail. The
authority of magistrate judges was expanded
around 1980 to include civil trials and case
management. “This was the first time a position
was created in the District of North Dakota
and the court was given flexibility in how the
magistrate judge position would be utilized,”
Klein notes. “It was an open book.”
Klein has also observed cycles in the caseload of
the North Dakota federal courts. “Depending
on both the economy and changes in the law,
there was emphasis on different case types
at different times,” she says. “Most recently
across the state, there has been a huge surge
of criminal and civil cases relating to western
North Dakota’s oil and gas industry, especially
in contracts, royalties and personal injury. We
saw this in the oil boomlet of the 1980s, but
it faded away and has come back with a much
greater surge. We are extremely busy.”
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THE GAVEL

Early on in the job Klein saw the need for
bringing mediation to the court system.
“In our court there was no mediation
and there was an aging caseload. I began
meeting with lawyers and litigants to try to
settle cases,” she recalls. “I had no training
because none was available. I did my best
and learned as I went.”
Over time, more judges and lawyers
became involved in mediation. When the
Federal Judicial Center, the research and
education agency of the federal judicial
system, began offering mediation training,
Klein became one of the first faculty
members, and is now a lead mediation
instructor.
Another teaching experience Klein has
enjoyed is the instruction of new judges.
“Having the opportunity over the past 15
years to teach at the orientation programs
for new magistrate judges has helped me
keep my perspective fresh,” she says. “It has
given me a chance to reflect on what we do
and why we do it. And, it has helped me
stay enthusiastic about my work.”
Klein’s teaching opportunities have taken
her to foreign countries for courses in
mediation, judicial reform and judicial
ethics. She has traveled to Jordan,
Morocco, Algeria, Bahrain, Oman, Serbia,
Montenegro, Poland, India and Malaysia.
“I was also scheduled to do training in Iraq,
however because of the conflicts of war, it
was moved to Turkey. It was fascinating to
hear the stories of the Iraqi women judges
during that training,” she recalls.
The classes usually lasted from three to four
days, although some went as long as 10
days for the projects that included planning
for future programs or crafting judicial
ethics policies. Klein also presented judicial

faculty development programs, teaching
the judges how to teach their peers. “These
courses were always a lot of work and not
always at the most glamorous places. But
they were always very interesting.”
In addition to teaching, Klein has had the
opportunity to have an impact on policy
making on the national judicial level. She
has been on the board of directors of the
Federal Judicial Center and has served
on two U.S. Judicial Conference policy
committees, one for administration of the
magistrate judges system and another for
information technology implementation.
“This has certainly broadened my
experience and given me a much wider
perspective,” she says.
Klein, a Minot native who graduated
from Minot State University, served in the
Volunteers in Service to America program
prior to earning her law degree from the
University of North Dakota in 1977. She
clerked for Judge Paul Benson for two years
and was in the private practice for six years
prior to joining the federal court system. “I
had no idea that being a magistrate judge
would be such a prominent part of my legal
career,” she recalls. “I liked it immediately.
It was innovative, challenging and
rewarding. Looking back, the past 30 years
have seemed like only five. I never had a
day I didn’t want to go to work.”
Klein’s retirement plans include remaining
in Fargo and offering mediation in the
private sector. “In some ways, it will be
easier in the private sector because both
parties will have requested it. In federal
cases it is often required, and all parties are
not always enthusiastic about it.”
Klein regards as very memorable the people
she has met over the past 30 years. “I have
valued the opportunity to make many close
friends across the country who are now
lifelong friends. And, I want to express my
appreciation for the wonderful people I
have worked with in the Federal District
Court of North Dakota. They are like
family to me.”