…The 1862 hanging of 38 Dakota men in Mankato MN following the U.S.-Dakota War. This war is a piece of history that was largely forgotten in the shadows of the Civil War (1861-1865). Its causes were complex, but besides the huge wave of new white settlers moving into Minnesota at this time, it was largely the result of broken treaties and promises. In 1858 the tribe entered into a set of treaties with the U.S. government which resulted in the Dakota losing most of their best hunting grounds. It also resulted in the Dakota becoming dependent upon the government for agreed-upon “annuity” payments of food and money. By 1862 the scheduled annuity had not been paid, and the Dakota were likely growing concerned that the Civil War had depleted the federal government of resources otherwise available to make the contracted payment. Besides feeling taken advantage of, the Dakota were also feeling crowded by growing number of settlers encroaching upon their remaining land, and were upset that government agents were failing to protect them as they felt they should. Some have theorized that as the Dakota were becoming aware of the growing north-south conflict of the federal government against the southern states, the most agitated of the tribe believed that the time was ripe to wage their own armed cause. The result was an attack on white settlements in the Minnesota River Valley, escalating into warfare that left nearly a thousand people dead. The federal government concluded this conflict by removing the entire tribe from the state of Minnesota, and publicly hanging 38 Dakota men in the town square of Mankato, a spectacle that was attended by thousands. You can read more about this event at MPR . In addition, a powerful documentary about a group horseback trek to undertaken in memory of this event is available for viewing on YouTube.

Minnesota is not currently associated hangings or executions, with capital punishment having been stricken from its books in 1911. Yet there was a time in Minnesota history that hangings and executions were not only front-page news, but public expositions garnering mass attendance. This is one point behind John D. Bessler’s Legacy of Violence: Lynch Mobs and Executions in Minnesota. In addition to the mass hanging described above, Bessler details Minnesota’s most controversial and attention-grabbing executions.

 

The December 3, 2012 issue of the National Law Journal contains the front–page feature “A possible head start for law students” wherein a proposal backed by all three Arizona law schools would allow third-year law students to sit for the February bar exam before their graduation. The Arizona Supreme Court was scheduled to begin hearing this proposal on December 5, 2012. The result would ideally be less debt taken on by such students, and greater employment eligibility since employers often require bar admission before candidates being considered for jobs. Not everyone agrees with the proposal, citing fears that third year of law school could be turned into “a bar prep class.” Students would also have to squeeze larger course loads into their first two years of school, of course.

But is less time (and money) spent in law school ultimately a good idea? Would it work in Minnesota?
The entire article can be read here.

 

Judicial Candidate Information

The Minnesota State Bar Association asked candidates from the three contested statewide judicial races to answer a questionnaire, and has provided their responses.  The responses can be viewed at http://mnjudges.org/.

 

Supreme Court Upholds Entire Health Care Law

Today the Supreme Court issued a ruling upholding the Affordable Care Act. The Supreme Court’s 5-4 ruling can be viewed on the Court webpage.

CNN is liveblogging reactions from major players of both parties.

 

Final Order Adopting A Special Districting Plan

The Order for the new Special Districting Plan can be viewed here.

Here is the new map.

 

News Item: Special Redistricting Panel and Plans

State and county law libraries will have copies of redistricting plans available for the public. For more information on the Special Redistricting Panel, see the media advisory (taken from mncourts.gov):

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Special Redistricting Panel: Media Advisory – February 20, 2012
Posted: Monday, February 20, 2012

As set forth by Minnesota Supreme Court Chief Justice Lorie S. Gildea in a June 1, 2011 order, the Minnesota Special Redistricting Panel, “…shall order implementation of judicially-determined redistricting plans for state legislative and congressional seats only in the event that the Legislature and Governor have not in a timely manner enacted redistricting plans that satisfy constitutional and statutory requirements.”

If no legislative plan has been enacted by Tuesday, February 21, 2012, the statutory deadline for the Legislature’s adoption of a congressional and legislative plan, the Panel intends to release its redistricting plan at 1 p.m. that day. At that time, the Panel will post its plan on the Minnesota Judicial Branch public Website, www.mncourts.gov, under the “special redistricting panel” link located on the home page.

On the Website, the public will be able to retrieve in PDF format:

a. The Panel’s orders regarding redistricting;

b. Statewide and Twin Cities area congressional district maps;

c. Statewide and Twin Cities area legislative district maps;

d. Selected maps of metro areas around Minnesota where it is impossible to discern the legislative districts from the statewide perspective; and

e. Various Maptitude reports.

The electronic redistricting plans will also be available in the form of three separate block equivalency files, one each for the congressional districts, the state senate districts, and the state house districts.

In order to make the Panel’s redistricting plan available to members of the public who may not have access to the Internet, the State Law Library located in the Minnesota Judicial Center in St. Paul, MN, and all county law libraries will be mailed one copy each at the time the plan is issued so that it may be publicly accessible in the libraries no later than February 27, 2012.

The Special Redistricting Panel appointed by Chief Justice Lorie S. Gildea was ordered to hear and decide all matters in Hippert, et al v. Ritchie, et al (A11-152) regarding the validity of state legislative and congressional districts based on the 2010 Census. The Panel members are Hon. Wilhelmina M. Wright, presiding judge; Hon. Ivy S. Bernhardson; Hon. James B. Florey; Hon. Edward I. Lynch; and Hon. John R. Rodenberg.

 

State Shutdown: The End is Near

A special session to end Minnesota’s state government shutdown could begin Monday.  While the framework of an agreement has been agreed upon, there are still a few issues to work out.

Dayton offers to accept past proposal

Dayton Letter

Special session expected Monday

Record setting fish will not be recognized due to shutdown

 

1.  Ramsey County will remain open in the event of a partial state government shutdown.  For more information, see the Ramsey County homepage, where the board resolution and impact report is available. 

2. While many state services will close in the event of a state government shutdown, “core functions of government” will remain open.  Judge Kathleen Gearin’s order also appointed former Minnesota Supreme Court Justice Kathleen Blatz as a special master to manage the process. 

3.  Judge Bruce W. Chrisopherson ruled that the Minnesota Judicial Branch will continue to perform the functions of the branch and shall continue to receive funding from the Commissioner of the Department of Management and Budget.

 

State Budget Shutdown Hearing

Ramsey County District Judge Kathleen Gearin ruled on the first of many motions filed related to the state budget shutdown.  Specifics can be found in this Star Tribune article

To keep up to date with all of the state budget shutdown filings, go to the Ramsey County District Court website.

 

The Second Judicial District has moved on from the testing phase and has now implemented e-filing for attorneys and law firms in all major civil and default cases.  The e-filing system is being implemented in phases.  Later phases should make  e-filing  available to other subject areas and self-represented litigants. 

For more information, visit the Second Judicial District webpage.  Along with links to e-filing directions and tips, there is a FAQ link and live online help.