MILACA (MN)
Union-Times [Princeton, MN]
July 16, 2026
By Jeffrey Hage
A Stearns County judge has dismissed four of five felony charges against Joseph Paul Herzing, a Catholic priest and Milaca resident, but ruled that a third-degree criminal sexual conduct charge may proceed.
In an omnibus order filed June 15, District Court Judge Ole Tvedten granted Herzing’s motion to dismiss one count of stalking and three counts of threats of violence, finding they were barred by Minnesota’s three-year statute of limitations.
Prosecutors agreed those charges could not proceed.
The remaining charge, third-degree criminal sexual conduct, stems from an alleged incident on or about Dec. 7, 2021.
Prosecutors allege Herzing engaged in sexual penetration with the woman while acting in what Minnesota law defines as a prohibited occupational relationship — a member of the clergy providing religious or spiritual advice, aid or comfort in private.
The court noted that, under Minnesota law, the charge has no statute of limitations.
Herzing’s attorney, Paul Engh, sought to have that count dismissed, arguing the clergy portion of the statute violates the Establishment Clause of the First Amendment, both generally and as applied to Herzing as a Catholic priest.
The defense argued the statute improperly entangles the government in the relationship between clergy and parishioners.
Tvedten rejected that argument, citing existing Minnesota Supreme Court precedent upholding a similar statute.
The court found the law has a secular purpose, is intended to protect people considered vulnerable because of certain power dynamics and does not improperly entangle the government with religion.
The judge also rejected the defense’s argument that more recent U.S. Supreme Court rulings on religion and constitutional rights should change the outcome.
Tvedten wrote that the law does not criminalize Herzing’s status as a priest, but rather alleged sexual conduct occurring within a specifically defined prohibited occupational relationship.
The court also denied a defense motion asking prosecutors to search for and disclose additional alleged exculpatory evidence outside the state’s possession.
Tvedten ruled prosecutors must continue to meet their disclosure obligations but are not required to seek out information from third parties on behalf of the defense.
Several issues remain unresolved.
The court reserved ruling on motions involving medical records, treatment records obtained through a search warrant and whether evidence related to the alleged victim’s sexual history may be admitted at trial.
Tvedten also reserved ruling on whether prosecutors may introduce Spreigl evidence — evidence of other alleged misconduct — involving another adult woman who prosecutors say had similar interactions with Herzing between 2014 and 2018.
A pretrial hearing is scheduled for 11 a.m. Aug. 6 before Tvedten at the Stearns County Courthouse in St. Cloud.
The notice of hearing was filed June 23.
Herzing is presumed innocent unless and until proven guilty in court.