MANKATO — In 1992, when Gov. Arne Carlson made a local man his first pick for Minnesota’s appellate court, appointee James C. Harten had 16 years of trial court experience.
“I think he’ll be a real plus for that court. The Appeals Court is designed to review what trial courts do,” Dick Fasnacht, who at that time was the 5th District’s court administrator, then told The Free Press.
Harten — the first Mankato judge appointed to the state position — died Dec. 26 at Benedictine Living Center in Northfield. He was 87.
“Dad was always proud of growing up and living in Mankato,” said Joe Harten of Charlotte, North Carolina.
In 1976, Harten was named judicial officer in the Blue Earth County Court. Within a short time, Gov. Wendell Anderson made him judge of that court. He became a district court judge in 1987, when the county and district courts merged.
The pride Harten had in having been appointed to the bench by two governors from different political parties was included in his obituary.
He had been one of four finalists in the 1st Congressional District who Carlson had been considering for the appeals court position. After serving for 13 years until he reached the mandatory retirement age of 70, Harten continued to serve the appellate court part time.
Recently, when the 87-year-old retired judge needed cheering up, family members would remind him of the times they went to Vikings football practice at MSU, visits to Sibley Park and downtown lunchtime gatherings with colleagues.
“They may have represented different sides (of cases), but they were still friends,” Joe said.
Harten was born in Mankato in 1935 and educated here in the public school system. After his graduation from St. Olaf College in Northfield, he served in the U.S. Air Force. He received a law degree from Chicago’s Northwestern University in 1964. He returned to Mankato to practice law with then-county attorney Charles Johnson’s firm.
He was in his early 30s, married and the father of two when he was appointed Blue Earth County attorney in 1967. His duties included serving as chief legal adviser to all of the law enforcement agencies within the county and prosecuting felony offenses that happened within the county. He also was legal adviser to the North Mankato Charter Commission.
Attendees at Blue Earth County’s Board meetings often witnessed Harten in his role as county attorney. He would interrupt discussions by saying, “You can’t do that” and then pull out a law book and read to the board on the particular subject in question.
“A mistake at the bottom can sort of mushroom at the top,” he told The Free Press in 1968 to explain his insistence on continuing the board meeting procedure.
Reading and listening to classical music were stress-relieving tools the judge found handy “especially after reading Supreme Court rulings,” he said.
“It was always easy to shop for gifts for Dad — a book or a CD,” said Molly Harten, of Alpharetta, Georgia.
She described her father as a gentle and fair person who planned family trips that enhanced their knowledge of the Civil War and state history.
“We also took trips to hear symphony performances and theater performances,” Molly said.
She said her parents, who moved to Northfield in 1993, regularly attended shows at the Guthrie Theater.
The judge’s survivors include his wife, Marion.
Visitation is 3-6 p.m. Jan. 5 at Northfield Golf Club.