Keeping Up with Immigration Law

immigration

 

Many attorneys are aware of the important immigration case Padilla v. Commonwealth of Kentucky (559 U.S. 356, 2010) which decided that a criminal defense attorney must advise a noncitizen client about deportation risks should the client negotiate a guilty plea.  The consequences of criminal activity are many and complex.  The book Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-Born Defendants by Mary Kramer provides detailed analysis and resources for assisting noncitizens charged with crimes.  The book regularly references two legal sources: The Immigration and Nationality Act (8 USC Chapter 12) and the Code of Federal Regulations (Title 8).  Kramer details removal, detention, and deportability circumstances; she also discusses how to fashion a plea to avoid adverse consequences, including visa options for cooperating witnesses.  The section on immigration defense describes waivers and other available relief.

The Waivers Book: Advanced Issues in Immigration Law Practice provides attorneys with exceptions to the rules regarding inadmissibility and removability.  It introduces waivers—from A to Z—and includes waivers for refugees and asylees, and waivers related to unlawful presence.

These two books, as well as the following immigration titles Asylum Primer (2015), Business Immigration: Law & Practice (2017), and Litigating Immigration Cases in Federal Court (2017), were recently added to the law library collection.

 

Happy Law Day!

law-day-2018-1500-by-1500-cmyk

 

Thomas Jefferson called the distribution of power “the first principle of good government.”   More than 225 years later, Hilarie Bass, ABA President wrote, “The phrase “separation of powers” does not appear anywhere in the text of the U.S. Constitution, yet it is likely one of the most important concepts in understanding how the U.S. government is designed to defend the liberties that Americans had fought the Revolutionary War to achieve.”

And today, we celebrate this year’s Law Day Theme, Separation of Powers.

What can you do to celebrate with us?  Here in Ramsey County, the Law Library and the Ramsey County Bar Association will be hosting a CLE on May 3 featuring Hamline Professor David Schultz, who will be presenting, “The Court, the Constitution and Separation of Powers in American Law and Politics.”  Profession Schultz will be addressing why the framers wanted separation of powers along with other concepts, such as checks and balances, to be a feature of American law and politics.  The CLE is at noon, and will be held in Room 40 (in the lower level of the Courthouse), and is free to the general public and Ramsey County Bar Association members.  CLE credit is available.

If you have never been to the Courthouse, one-hour courthouse tours will be available on May 3 at 10 a.m., noon and 2 p.m.  Reservations are not required.  All tours will meet at the base of the Vision of Peace statue. Tours are courtesy of the Ramsey County Historical Society.

More Law Day Resources:

The Ramsey County Law Library has a new book on this topic called, The Supreme Court in a Separation of Powers System:  The Nation’s Balance Wheel by Richard L. Pacelle, Jr.

The President’s Proclamation on Law Day is posted on Whitehouse.gov, and you can learn more about Law Day at the ABA website.

 

 

 
Justice Wilhelmina M. Wright

Justice Wilhelmina M. Wright

As the nation celebrates Women’s History Month, it is only natural to look locally to our own leaders, and see many examples of leadership and integrity. One such woman who exemplifies fairness and respect is Judge Wilhelmina Wright of the Federal District of Minnesota.

For those who aren’t familiar with this incredible woman, Judge Wright started her judicial career as a Ramsey County District Court Judge, appointed by Governor Jesse Ventura. Two years later, she was elevated to the Minnesota Court of Appeals, and then in 2012, was selected to become a Minnesota Supreme Court Justice. Four years later when she was nominated to the federal bench, her appointment was remarkable for several reasons: She was the state’s first African-American justice, and she was the only jurist in state history to have served as a state district court judge, appellate court judge and state Supreme Court Justice. And in a time when judicial confirmations are long and messy, her process was very short. From the time she was nominated by President Obama to the final vote in the Senate, it only took 171 days.

Judge Wright’s personal conviction regarding work ethic, sound judgment, and dedication to public service is reflected in her years devoted to serving the public. She embraces these qualities, and has a deep respect for the law, the courts, and all participants in the judicial system. In fact, she has said that, “Fairness, impartiality, respect for the rule of law, and respect for all litigants are fundamental requirements for a judge… Indeed, I have no agenda as a judge other than these values. In my nearly 15 years of service as a Justice on the Minnesota Supreme Court and as a Judge on the Minnesota Court of Appeals and the Ramsey County District Court, these values have been my lodestar, and I give no consideration to whether I agree or disagree with a party.”

To achieve this level of fairness in the Courts, she has said numerous times that diversity enriches the practice of law, and is an integral part of the judicial system. As she said in written remarks to Senator David Vitter during her confirmation hearing process,

In light of the number of highly qualified women lawyers and lawyers of color who are learned in the law and have the ethical and moral fitness to serve as a judge, I believe it would undermine the public’s trust and confidence in the judiciary if there were no judges who are women or judges of color.

We are proud that this learned and honorable judge got her start in Ramsey County.

 

You Asked: We Answered!

Here are a few titles we purchased for the law library in 2017.  The following books were recommended by library patrons.  When patron requests promise to add important content to the library, we try to purchase the material and hope other users will find it helpful as well.  Please contact us if you’d like to borrow any of these books.

30 (b)(6): Deposing Corporations, Organizations & the Government, by Mark Kosieradzki, Trial Guides, LLC, 2016.  The author uses detailed examples, practice samples, and approachable language to provide techniques for depositions and an understanding of FRCP 30 (b)(6).

Pet Law and Custody: Establishing a Worthy and Equitable Jurisprudence for the Evolving Family, by Barbara Gislason, ABA, 2017.  Minnesota native Gislason provides a comprehensive and very valuable review of animal law and pet custody.  The book promises to become a classic in the field.

Minnesota Housing Court Benchbook, by Mark Labine, 2011.  Mr. Labine wrote this book while a housing court referee for Hennepin County District Court.  This concise guidebook contains eleven checklists that define actions needed in court and sample orders for judicial officers.

 

Testimony: Remembering Minnesota's Supreme Court JusticesThe beginnings of Minnesota’s judicial system could hardly be more humble. In fact, its central player was anything but a respected legal figure.

Minnesota was established as a territory in 1849.  Prior to that time there were local justices of the peace in the area, who likely thought they handled local justice needs just fine, thank you.  But the day Minnesota’s territory status became official, President Zachary Taylor appointed David Cooper and Bradley Meeker as justices to the territorial supreme court, and Aaron Goodrich as its chief justice.  Goodrich’s selection was probably a return favor for the campaigning Goodrich had done to get Taylor elected.  Goodrich was a native of New York who later moved to Tennessee.  He likely would never have studied law, but the failure of his family’s bank in 1838 probably motivated him to complete his legal studies while in Tennessee.  He was one of the last members of the Whig Party, and was serving in the Tennessee Legislature when he was appointed to Minnesota’s territorial supreme court.

This ad hoc bench of three justices was predictably informal.  Minnesota territory had been split into three judicial districts, and each of the three justices served as the district judge for one of the districts.  Then, the three together would make up the higher court.  Goodrich presided over Minnesota’s first, or Stillwater district, with St. Paul’s Mazurka Hall serving as the “courthouse.”   This building left much to be desired, as litigants once needed umbrellas due to failure of the leaky roof to keep out a rainstorm.  Apparently Goodrich was also known to nurse a glass of liquor and a wad of tobacco as he presided over his court.  Meanwhile, American House in Saint Paul would serve as the first “judicial center” for the territorial supreme court, but the second and third terms were moved to the local Methodist Episcopal Church. (This interesting article about Goodrich reported that the local gossip was that Goodrich’s relationship with the landlady of American house was more than just business.)

Goodrich himself accomplished little to establish himself as a popular legal figure.  To start, he had been tasked by a commission to prepare a system of codified law for Minnesota, but he was not a fan of either law’s codification or its strict application. (Read his dissent in Dosnoyer v. Hereux 1 Minn. 17 (1950) to understand his frame of mind.)  The result was a loose collection of provisions, one stating that questions not otherwise answered in his written compilation should be resolved by the “ancient statutes.” There was also a general dissatisfaction with him among locals, and subsequent lobbying to have him removed.  Even territorial Governor Alexander Ramsey believed that Goodrich possessed “utter incapacity for his place.”   President Fillmore assumed the presidency in upon the death of Taylor in 1850, and removed Goodrich for what he referred to as his “incompetency and unfitness.”  Goodrich practiced law after his removal, but his most notable client, Souix Indian “Zu-ai-za,” would be convicted of murder and hanged in Minnesota’s first official execution.  He made few friends when he later wrote a book attacking the character and motives of popular historical explorer Christopher Columbus.  Goodrich was also a charter member of the Minnesota Historical Society, however, and one of the founders of Minnesota’s Republican party.

The fact that we expect a certain competence and decorum from our judicial officers may be more than just a craving for fancy formality.  It may have been partly the result of the relatively poor impression made by Minnesota’s first chief justice.  To learn more of this piece of Minnesota history, consider checking out Testimony: Remembering Minnesota’s Supreme Court Justices, written and published by the Minnesota Supreme Court Historical Society.  Meanwhile you can read this excellent William Mitchel Law Review article.

 

 

 
Minnesota Capitol from Ramsey County Law Library

The Minnesota Capitol is visible from the law library

Last weekend the Minnesota Capitol hosted its open house to celebrate its recent extensive renovation and remodel project yet some might be surprised that the 112 year old building is actually Minnesota’s third capitol.  The history and timeframe of Minnesota’s capitols has some interesting parallels to the history of the Ramsey County courthouses. Each has had three buildings, with the present ones standing apart from the rest for their architectural significance and their longetivity. Similarly, their second buildings are both noteworthy for their short lifespans due to dissatisfaction of their users.  You might recall that Minnesota’s original capitol burned to the ground in 1881.  Built in 1854, it had become a patchwork of expansions by the end of its 27-year life.  The second capitol is the one probably most forgotten, for it served in its original capacity for a rather short time. Indeed, the state began planning the third capital in 1893, only ten years after the second one was dedicated.  The third-and-present capitol was completed and occupied in 1905, leaving the second vacated after just 22 years.  Ironically, this second building served another thirty-plus years as meeting space, storage, and parking until its demolition in 1937. This story of short-lived usefulness is similar to the second Ramsey County courthouse, which at least managed to serve its original function for 43 years before it was replaced and demolished.

Why such a short lifetime for a state capitol?  Granted, it had been hastily built, what with the need to replace what had been lost in the fire. The budget for the new capitol was also very lean and strict, with a misdemeanor penalty for exceeding the budget. (Never mind whether or not the finished project would last through the next generation.) Apparently, it was the faulty ventilation that led the push to replace this nearly-new building so shortly after its construction.  It was also postulated that the second capitol was insufficient in that it was little more than a “glorified county courthouse,” and inadequate to represent the grand state that many Minnesotans felt their state was becoming. (Decide for yourself if the capitol then looked like the county courthouse  located down the street.)

Minnesota’s trial-and-error history of building a capitol that could function and inspire through the ages is all the more reason to celebrate this recent renovation project.  If you missed the festivities, you can always take a tour or check out the excellent restoration photos.  Alternatively, track down the new book Our Minnesota State Capitol by Denis P. Gardner.

 

Federal District Court of MinnesotaWe probably take our easy access to state court materials for granted, what with much electronic access offered in all Minnesota courthouses, backed up with archived material at the State Law Library.  On the other hand, how do you find the federal case information you need, with as little inconvenience and expense possible?  Sounds simple if you just want an appellate opinion from the Eighth Circuit (Google Scholar of course), but it is trickier if you need a filed motion or complaint at the district court level.  We investigated three different options for locating federal materials.

Courthouse Access - For one or two items filed in the U.S. District Court of Minnesota, a visit to the Warren Burger Courthouse might be your easiest answer. There you will find two public computers in the clerk’s area for accessing filed materials. Be aware that you can only get Minnesota district or appellate materials this way, and that printing them will cost you10 cents per page. If you need assistance from the clerk staff, the document will cost you 50 cents per page to print. If a filed item is listed electronically but not linked (probably because it is greater than 50 pages long), you must get it from the clerk staff who will copy it at the 50 cents per page rate.  Clerk staff told us that this electronic system will allow users to search records back to “the early 1990’s.” If a case has progressed to the 8th Circuit appellate level, the documents are still accessible provided it started or became a Minnesota district case. (You cannot access 8th Circuit appellate documents that started in Iowa, for instance.)  The Minnesota clerk’s office can send materials out-of-state either electronically or in hardcopy, but that a person must send in their money first. The charge will again be 50 cents per page.  For more information contact the clerk’s office.

PACER – Federal court users are strongly encouraged open an online PACER account, which might be the most convenient and affordable option of all. Simply go to the PACER homepage and select the registration tab. The “registration wizard” will then walk you through the steps to get started. One must provide credit card information, or allow PACER to verify their address to allow for billing. Pacer will allow you to search and print district, bankruptcy, and appellate courts, and print filings from any of their districts and not just Minnesota. By Judicial Conference policy, if your usage does not exceed $15 in a quarter, fees are waived. PACER’s greatest value is in accessing filings for out-of-state districts, as opposed to having to contact the respective clerk’s office.  For additional information, you may want to print out this handy PACER users guide, or take their online training.

Westlaw -  We offer free Westlaw in the library, and our subscription offers much (but not comprehensive) federal case law coverage.  Federal case coverage available through Westlaw begins with 1790. At the district level this will be opinions only, but Westlaw does offer brief access for U.S. Supreme Court and Courts of Appeals cases.  And not all cases are available, as the Westlaw scope note states that “[c]overage varies by court.”  Westlaw allows free email delivery of documents, but not every document is offered with the email option.  We charge 15 cents per page for print jobs at the library.

 

 

Ramsey County Law Library - Police misconduct collectionOur local law enforcement has been and continues to be conspicuously in the news over the last year following high-profile incidents.  After it looked like the spotlight might finally be fading in Ramsey County, it shifted over to Minneapolis.  Make no mistake that the subject of police actions and accountability is a sobering one, and one that history has shown can have significant fallout.  This spring marked the 25th Anniversary of the Rodney King riots, and that this summer marks the 50th Anniversary of the Detroit riots, and that both riots were sparked by what local residents considered unjust police action.

If you experienced a police encounter that left you feeling that officers overstepped their proper authority, what are your options?  To start, the Minnesota State Law Library has an excellent LibGuide of resources for researching police functions and duties.  Also be aware that cities frequently post their police manuals online, including both Minneapolis and St. Paul (albeit with redactions).  Locally, St. Paul has the Police Civilian Internal Affairs Review Commission (PCIARC). This group of nine civilians reviews complaints against Saint Paul Police Department Officers and makes disciplinary and policy recommendations to the Chief of Police. They can also help individuals file complaints and navigate the process.  There is also this online resource from the Department of Justice regarding police misconduct with the option of filing a complaint.  But be aware that filing one of these investigatory complaints at either the local or federal level is not a substitute for filing a lawsuit in civil court.  You still may wish to contact a lawyer to discuss this legal options.

Book-wise, we have a few gems here on our own shelves for more advanced reading and research (pictured above).  These include such titles as Police Misconduct: Law and Litigation (M. Avery, et al.), Police Civil Liability ( I. Silver.), Civil Actions Against State & Local Government: Its Divisions, Agencies & Officers (Thomson-Reuters 2d), and The Rights of Law Enforcement Officers (W. Aitchison).  Don’t forget that our latest Westlaw subscription now gives easy access to many other related titles to assist you as you research this area of law.

 

 
The very beginnings of the courthouse! (Courtesy of the MN Historical Society)

The very beginnings of the courthouse! (Courtesy of the MN Historical Society)

You may not have time to visit a museum during your workday, but courthouse employees are often delighted to discover the what lies on the other floors of the building.  We welcome these resident visitors to the law library, where they can appreciate historical and architectural details here, as well as the fantastic judge portrait collection.   Stunning though the library space is, however, it is only the frosting on the cake of this this historic architectural confection.  Indeed, for those who have never visited, entering the courthouse itself can feel like stepping onto a vintage movie set.  This is why a formal tour is probably the best way to discover some of the lesser-known details of this building, and can easily be arranged by contacting the Ramsey County Historical Society.

The tour includes information on the historical beginnings of the courthouse.  This present-day courthouse basically resulted from a general dissatisfaction with the previous courthouse, which was dedicated in 1889.  Perhaps local leaders felt slightly embarrassed when a grand jury remarked in 1925 that the then-36-year-old courthouse was “antiquated, inconvenient, and an architectural mistake.” Surely the pressure was then on to build something not only beautiful for the community, but also something functional and timeless for future generations.  After much planning and construction, the final result was our current courthouse, which was dedicated on November 21, 1932. (See this write-up of the festivities held that day.)  Indeed this building has survived well beyond its novelty stage, as it was inducted into the National Register of Historical Places in 1983.  (See also the original nomination form.)

What often gets overlooked in the courthouse is the impressive list of artistic masters showcased here.  To start, the building was designed by Holabird & Root of Chicago and Thomas Ellerbe & Co. of St. Paul.  Holabird and Root were masters then of what we call art deco, the style famous for sleekness of form and simplicity of ornament.  The actual construction was performed by Foley Brothers, Inc. of St. Paul.  The most obvious and familiar of the art installations is the onyx Indian God of Peace by Carl Milles, but fewer people may know that the actual hands-on carving was done by local St. Paul stonecutter John Garatti and his crew.  The exterior stone decorations are the work of Lee Lawrie, who was the most successful American architectural sculptor of his time.  (See this fantastic article about his work.)  There are also the six bronze elevator doors which were made by Albert Stewart.  The city council chambers feature murals which were painted by John W. Norton.  For quick reference see this handy brochure of the artistic features throughout the courthouse and the people behind them.

Unfortunately, these walls can’t talk, so sign up for a tour to hear what they would tell you if they could!

 

Would You Go to Jail for Your Dog?

27f547ebf09ce9be65090c8c5d800733Despite the scary caption, your dog has far more to lose in a court of law than you.  Minnesota allows Buster to face “jail” or far worse fates depending on his actions or your non-actions.  This is essentially because the state does not consider your dog a member of your family. Your dog is property, meaning he or she has no rights of their own. You protect your dog’s rights by protecting your property rights, or otherwise face possible economic consequences.

Consider the bite of Minnesota’s dog liability statute, which states that “[i]f a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog is liable in damages to the person so attacked or injured to the full amount of the injury sustained [emphasis added].” For similar liability reasons under MN Stat § 347.01, you may want to think twice about rooting for Rover should he get into a fight with another domestic critter.  Under MN Stat § 347.03, ”any owner or caretaker may kill any dog found chasing, injuring, or worrying its sheep or other livestock or poultry owned by or in care of such owner or caretaker, on lands or premises owned or controlled by the owner or caretaker, and any owner or caretaker of sheep may kill any dog found on the owner’s or caretaker’s premises where sheep are kept, not under human restraint or control.”  The law also allows anyone attacked by your dog beyond his or her enclosure to likewise defend themselves to the strongest measure possible, as well as any livestock the dog may attack.

Is your dog licensed?  Don’t consider yourself or your dog too independent for such, for an unlicensed dog can lawfully be seized and destroyed by authorities. And Minnesota law does not think your dog is just “being friendly” if it repeatedly chases or bothers public road users.  Rather, such behavior could result in your dog being declared a public nuisance, which could potentially result in harsh consequences to Buster.  And maybe you don’t consider Daisy dangerous, but depending on her past, she might be.  Dangerous dogs essentially spend the rest of their lives on “probation” of sorts, and are subject to their own strict registration requirements.  Again, the potential peril to the dog is great if the owner doesn’t comply with these.

Beyond these unforgiving statutes, most dog regulation comes under local ordinances which you would do well to consult, along with local resources.  The St. Paul Animal Control page, for example, offers instructions for getting your dog licensed. (If your licensed dog gets lost in St. Paul, he or she gets a free ride home!)  There is also information on how to register your dangerous dog and what you should do in St. Paul if you are bitten by a dog.  Think your municipality has totally exceeded its authority in dealing with your dog?  See this guide from the League of Minnesota Cities specifying how municipalities may lawfully regulate dogs in their communities. Also, come up and check out Every Dog’s Legal Guide: A Must-Have Book for Your Owner by Mary Randolph.

To conclude, where your dog’s safety and your liability are concerned, you are the one holding the leash.  Don’t ask your dog to lay down its life for your neglect.  Use YOUR rights to make sure both you are both stay safe and happy together!