file000264450357[1]The New York Times has reported on the death last week of former paralegal Merrell Williams Jr. Though lacking the star quality of an Erin Brockovich, Mr. Williams is best remembered as the paralegal who smuggled documents from his document review project revealing the health risks and addictive properties of smoking. These documents ultimately lead to the $246 billion settlement in 1998 against the country’s four largest tobacco companies. One could say Williams was the hero from which this and all subsequent tobacco settlements flowed. One could also say that his actions represented the ultimate violation of attorney-client privilege.

Williams became a $9/hr paralegal with Louisville, KY firm Wyatt, Tarrant & Combs in 1988. In this position he was tasked to review documents on behalf of then-cigarette manufacturer Brown & Williamson for their product liability defense. Now, Williams’ ultimate deed was not a single accidental “oops” committed by some poor stressed and overworked document reviewer… His activities took place over years, and involved smuggling thousands of pages of documents out of the office beneath a rubber corset and taking them to various late-night copy shops before returning them to the firm the next morning. Both before and after the firm discharged him in 1992, Williams sought to interest law enforcement and tobacco industry opponents in his huge copy stash (which ultimately wound up in the hands of the Mississippi Attorney General and the centerpiece of tobacco litigation). Mr. Williams also apparently accepted gifts and a “job” (attendance optional) from the lead lawyer against the tobacco industry. He may have been rather susceptible to monetary rewards, considering as he held a Ph.D. in theater arts, was in the middle of his third divorce, behind in his child support, and had declared bankruptcy four times. Williams himself had been a longtime smoker of Kool cigarettes, but supposedly quit as a result of reading the “smoking documents” (pun intended). However you see choose to see him, Williams’ actions were instrumental in how our society has come to view the tobacco industry, and smoking in general. Read more about Mr. Williams’ eye-popping story here and here.

 

Civil Society

Linda Miller - Founder of Civil Society

Linda Miller – Founder of Civil Society

Perhaps times have changed since the Pilgrims arrived in this country. Nowadays there is no guarantee that new immigrants to our country will necessarily encounter benevolent locals upon their arrival. Unfortunately, immigrants as a group may be vulnerable to the dangers of human trafficking. This inhumane practice finds its victims in all walks of life, but the isolated and disconnected are more vulnerable. Additionally, immigrants are often unaware of resources available to protect them, and may also hesitate to ask for help for fear of deportation.  Of additional significance, the FBI recently listed Minnesota among the top 13 states for human trafficking of minors.

Civil Society is dedicated to connecting the victims of human trafficking to needed services, legal and otherwise. They provide legal services for victims of human trafficking and sexual assault, court advocacy, assistance with applications to the Crime Victims Reparations Board, as well as assistance with applications for Orders for Protection (OFP) & Harassment Restraining Orders (HRO). Civil Society is also the Coalition Leader for MN Rescue and Restore Victims of Human Trafficking. Their Equal Justice Legal Clinics also provide legal advice on matters including hate crimes, safety, crime victim reparations, VAWA self petitions, U-visas, T-visas, violence in the home, exploitation, problems with fraud, identity theft and crime related problems. Click here for more information. Also check out www.immigrationlawhelp.org for immigration-specific legal resources. A list of local agencies is also available here.

 

file7411252893790[2]St. Thomas – $36,483
Hamline – $36,970
William Mitchell – $37,330
U of Minnesota (resident) – $40,058
U of Minnesota (nonresident) – $47,330

The Law Librarian would like to approach the subject of student loans, precisely because her jaw hit the floor when she saw the above numbers. They are from the October 31 issue of Minnesota Lawyer, with its front page article telling how the University of St. Thomas (UST) has implemented a tuition freeze for the next two years. UST Dean Robert Vischler acknowledges that the price is still steep, but hopes that a freeze might attract quality students to UST that might otherwise go to a different law school.

Student loans are the modern albatross of our time, and not just for young graduates. This is mostly because tuition prices are significantly higher than they were back in 1978 (when bankruptcy laws were changed to make student loans non-dischargeable), and because landing a job is such a hit-and-miss prospect in today’s economy. And unless you come from a family of means, student loans are typically how you fund today’s education. If you managed to put yourself through school years back with a part-time job and no loans, congratulations to you. However, the Law Librarian is confident that no matter how you might have done it then, a typical student cannot be expected to come up with $36,000+/year working summers/evenings/weekends. To all of you who graduated from law school 10-plus years ago and are smugly patting yourselves on the back for having paid back your loans, be certain that you never saw anything like today’s tuition prices. And don’t say it’s not your problem. Today’s young graduates are curtailing their plans for such rites of passage as  home ownership and children. Do you benefit from an economy that depends on a robust housing market? Do you benefit from an economy that depends on the next robust generation of future taxpayers to fund Medicare and Social Security and all the rest? Then this IS your problem. It belongs to all of us.

To this problem, the Law Librarian offers no simple solution. But borrowers might take a look at the downloadable 60+ Ways to Get Rid Of Your Student Loans (Without Paying Them). Here is also a page of webinars about loan forgiveness.

 

Cream or Sugar?

Mayor Chris Coleman

Mayor Chris Coleman

Yesterday St. Paul Mayor Chris Coleman celebrated his reelection by serving free coffee to employees and visitors of the Ramsey County Courthouse.

 

tvisa-cover_for_web[1]Human trafficking doesn’t often make headlines in the Minnesota legal news, but now and then a case with local connections can arise.  A well-meaning practitioner can easily be at loss for how best to serve the needs of a trafficking victim client outside of conventional legal tools. This is why The Immigrant Legal Resource Center has published a valuable resource book, Representing Survivors of Human Trafficking: A Promising Practices Handbook (ILRC 2010).

Based on their ten years of working with trafficking survivors, authors Ivy Lee and Lynette Parker created this book to assist survivors’ advocates, which include case managers, health care providers, and law enforcement agencies, in addition to attorneys. The result is not a conventional legal treatise per se, but rather a guidebook to serve as a social roadmap of real cases and lessons learned firsthand. As well as an overview of the basics, the book contains tips for identifying a potential victim of human trafficking, answers common questions about trafficking situations, and offers suggestions on how to deal with the practical challenges of a trafficking case. There may be diverse options for relief available to the practitioner and client, as well as the service providers of a trafficking case.

Despite its non-law book layout and its California-slanted perspective, the extensive experience of the authors makes this handbook particularly thoughtful, relevant, and comprehensive. It is available for checkout at the Library.

 

10-7-2013 002

Anyone reading local headlines of late is painfully aware of the recent rash of domestic violence in the news. Coincidentally, October happens to be Domestic Violence Awareness Month. By second coincidence, last week also marked the passing of local activist Monica Erler at age 92. Ms. Erler was known for her 1972 founding of the first women’s shelter in the metro area, and indeed, in the entire nation. Her testimony to the effort of starting and maintaining this shelter through her organization, Women’s Awareness, can be read in Battered Women:  Issues of Public Pollicy, a 1978 report of the United States Commission on Civil Rights(Link unavailable due to government shutdown.)  This report underscores the drastic lack of options a battered woman faced at that time, wherein she really had no constructive alternative to staying with her abuser.

We are fortunate to have Bridges to Safety located in room 140 of the ground floor of the Ramsey County Courthouse. Here, domestic violence victims (regardless of gender) can obtain legal and community assistance, including emergency referral to shelter service and assistance in seeking an Order for Protection. (After hours and weekend assistance can be found through the St. Paul Intervention Project.)

Perhaps almost as difficult as experiencing domestic violence firsthand is watching a friend or loved one struggle with such a difficult situation. Cornerstone is a local organization providing some answers to those “How can I help?” questions, as well as assistance for those seeking to bring heightened awareness of domestic violence to their communities.

 

Sheriff Matt Bostrom

Sheriff Matt Bostrom

The Law Librarian had the pleasure of attending the Sheriff’s open house event this past weekend. It turns out that the Law Enforcement Center at 425 Grove Street outside of downtown St. Paul sees a level of action seldom matched at the downtown Courthouse.

Local arrestees are seen promptly in one of two arraignment courtrooms presided over by a rotation of Second District Court judges. These courtrooms easily rival any downtown courtroom for activity level, for as the tour guide reminded, “People get arrested every day.” Visitors also got to see a typical holding pod for detainees, with two levels of cells looking out on a common area that includes telephones, tables, vending machines, and donated books. Bologna sandwiches, supplemented by vending machine fare, apparently make up the typical detainee diet. (The typical detainee remains at the facility for less than five days, but apparently those who stay longer learn to get creative with these limited options.) Other highlights of the tour included the emergency dispatch center (one of the largest in the Midwest), and the indoor shooting range. The tour concluded with the chance to say hello to Sheriff Matt Bostrom (and take his picture).

Some features and services offered by the Sheriff’s Department include the following:

Community Concerns forum Use this link if you want to make the Department aware of something, like a potential safety issue looming in your neighborhood.

Report a Tip Use this link to submit an online tip, or submit it by text or phone.

Arrest Warrant Search – Here is a searchable database if you need to know if there is a warrant out for someone’s arrest.

Community Alerts – Submit to this service to stay informed of emergencies such as missing persons or predatory offender notifications.

You can also follow the Sheriff’s Department on Facebook.

 

Cleary_Edward_-_Preferred_-_resized[1]Former Ramsey County District Judge Edward Cleary will assume the role of Chief Judge of the Minnesota Court of Appeals at the beginning of November. Current Chief Judge Matthew Johnson has announced that he will not seek another term and will conclude his term on this bench at the end of next month.

Edward Cleary has spent his career to date making his legal voice heard. Cleary authored Beyond the Burning Cross (Vintage 1994), telling of his experience as a local practicing lawyer in defending the free speech rights of a cross-burner before the United States Supreme Court, whose actions had violated a St. Paul hate crime ordinance. (This book is available in the Library.) This case, R.A.V. v. City of St. Paul (505 U.S. 377 (1992)), became a subject of in-depth analysis from now-Supreme Court Justice Elena Kagan. After serving as the Director for the Minnesota Office of Lawyers Professional Responsibility, Cleary was appointed to the Ramsey County District Court in 2002. He was a key figure in the 2008 vote recount in the election contest for U.S. Senate between Al Franken and Norm Coleman. After the Wall Street Journal published an editorial attacking the recount’s credibility, Cleary wrote a scathing letter to the editor defending the integrity of Minnesota’s recount process. He was appointed to the Minnesota Court of Appeals in 2009. Earlier this month, Cleary wrote the bold and decisive opinion for the Court in this shocking case earlier this month defending Minnesota’s malicious punishment statute.

Congratulations to soon-to-be Chief Judge Cleary.

 

In Memoriam – Judge Michael F. Fetsch

20130914__130915Fetsch[1]Last week marked the passing of retired Judge Michael F. Fetsch. He served on the bench of the Ramsey County District Court from 1996 until 2009, when he reached mandatory retirement age. In his extensive legal career he served as a public defender, worked for Legal Assistance of Ramsey County, and was the first Executive Director and Chief Attorney for the Neighborhood Justice Center. He also served on the Board of Directors of the Lawyers Professional Responsibility Board. He was voted one of the most courteous lawyers by Minnesota Lawyer in 1991, as well as one of the “Leading Minnesota Attorneys” for Criminal Law that same year. He was also selected as one of the “100 Who Make A Difference” by William Mitchell College of Law (his alma mater) for their Centennial Celebration Publication. For more on Judge Fetsch, see this MNCourts page, and his obituary.

 

Bank Robber Shon Hopwood’s Second Chance

13155188You may have recently read Shon Hopwood’s story in the national news: After spending the late 1990’s robbing banks across rural Nebraska, time and justice finally caught up with Shon Hopwood. At 23, he was facing federal Judge Richard Kopf for sentencing on robbery charges. Hopwood’s appeal to the Judge for leniency was unsuccessful, for he wound up serving over a decade in a federal prison for his crimes.

Prison, however, was where Hopwood discovered the law library, as well as his own knack for legal analysis and application. He was a quick study, soon becoming the in-house go-to guy for various inmate legal needs. Hopwood’s coup was preparing a petition for certiorari to the United States Supreme Court on behalf of fellow prisoner John Fellers. When the Court granted certiorari in a 9-0 against-all-odds decision, it started the chain of events that ultimately lead to Mr. Fellers’ sentence being reduced by four years. Young Mr. Hopwood had clearly found his calling. Released from prison in 2008, Hopwood enrolled in law school at the University of Washington. Now thirty eight years old and the father of two small children, he is currently scheduled to graduate in 2014. He will then serve as a clerk for Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit.

Both NPR and the New York Times have featured recent articles highlighting Mr. Hopwood’s turnaround. Hopwood and his wife Marie have a personal blog here. (Their take on life is a decidedly Christian one.) Now semi-retired, Judge Kopf has evaluated the sentence he imposed on Hopwood in his own blog. (See Hopwood’s own comment entry here as well.) Mr. Hopwood has also written an inspiring memoir of his turnaround: Law Man: My Story of Robbing Banks, Winning Supreme Court Cases, and Finding Redemption (Crown 2012 ). Law Man is here in our library and available for check-out.