Punishment gone too far?

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This week the newswires lit up with the controversial news of Minnesota Vikings running back Adrian Peterson being indicted in Texas on a child injury charge that resulted from what a grand jury saw as Peterson’s overboard discipline of his four-year-old son.  Many fans (and non-fans) stood by Peterson, stating that they were likewise disciplined by corporal means growing up.  To be sure, Peterson’s case specifically involves injuries on the child which were the result of Peterson “switching” him with a tree branch.  In his statement, Peterson admitted that discussing his case with a psychologist helped him to realize that there may be better alternatives in disciplining his kids, but also to his belief that the hard-line physical discipline approach his family took in bringing him up was a factor in his success.  Another report of Peterson’s extreme discipline of a different son surfaced this week, and at last note the Vikings have barred Peterson from the team.

In every state in the country, a parent can legally hit their child as long as the force is “reasonable.”  Minnesota’s Malicious Punishment of a Child statute (§609.377) prohibits the use of “unreasonable force or cruel discipline that is excessive under the circumstances.”  It is a felony if the punishment results in “great” or “substantial” bodily harm.  The Minnesota Court of Appeals has held that bruises are not necessary to indict a parent/caregiver under this statute.   In Ramsey County, if you witness a case of what you believe is child-punishment-gone-too-far, you may decide to contact Child Protection Services.  More information is also available through the Minnesota Department of Human ServicesHere is  also an interesting article from the Minnesota Bar Association on the Malicious Punishment statute.

 

Condominiums – Ups and Downs

September 10, 2014 003Downtown St. Paul continues to be a hot residential address for Ramsey County.  There’s no denying the convenience and the cultural amenities of downtown living.  Even though the rental market is sizzling, many of the residences in downtown St. Paul are owner-occupied, most often as condominiums or other planned communities.

While condo dwellers seldom have to contend with lawn mowing and flooded basements, they must contend with parking availability and association boards.   Attending your association’s board meetings can do much to make you an informed homeowner.  If you have a point of contention with your board, you might want to start by consulting the Uniform Condominium Act at MN Stat. §515A and the Minnesota Common Interest Ownership Act (“MCIOA”) at MN Stat. §515B.  (Other details of Minnesota condominium law are codified in MN Stat. §515.)  You might also consider reading either Working with Your Homeowner’s Association: A Guide to Effective Community Living (Sphinx 2003) or Condo Owner’s Answer Book: Practical Answers to More Than 125 Questions about Condominium Ownership (Sphinx 2008).   There is also this handy information sheet from the Minnesota Attorney General’s Office.  Serving on a condo board can sometimes be a thankless task, so show your board some basic courtesy when you raise your issue, or consider volunteering to serve on it yourself.

Have you recently joined your homeowners association board and find yourself a bit overwhelmed? CONGRATULATIONS for being willing to serve your community in this fashion.  Now, see if your organization belongs to an organization like the Minnesota Multi-Housing Association (MMHA), which is “a state-wide, non-profit trade organization…[that] promotes the highest standards in the development, management and maintenance of rental and owner-occupied multi-housing.”  Membership in an organization like this can help you with resources including information archives, legal forms, and even question-and-answer hotlines.  (Dues typically depend on the size of your organization.)  Are you a local tenant living in a condo unit, or a condo unit owner that is having trouble with your tenant?  You can always check out our Housing and Conciliation Court Clinic and discuss your situation with a volunteer lawyer.

 

OLYMPUS DIGITAL CAMERAIn the past couple of years, downtown St. Paul has become a much busier place.  There are more cars, more bikes, more walkers, more dogs, more intercity buses, just…MORE.   The result is more and more traveling bodies trying to navigate within a limited network of streets and sidewalks, alleys and intersections.  On top of this has been the confusion generated by multiple construction sites and the operation of MTC’s Green Line.   What might have been your predictable driving route or crosswalk just a year ago is now fundamentally changed.  Hopefully much of this confusion is only temporary and travelers of all types will better know where they stand next summer.   Unfortunately, we also continue to read about Minnesota pedestrians who trusted crosswalks at their peril.  Drivers will also tell about being illegally cut off by pedestrians darting out in front of them.

It is important to be aware of Minnesota’s pedestrian and crosswalk laws, but the basic infrastructure itself is still open to question.  After all, how well can drivers see pedestrians crossing streets?  How useful is stopping for a pedestrian at a crossing if other cars blow around you into the path of the pedestrian?  How is using a crosswalk with its infinite variables safer than jaywalking in the middle of a block with only two directions of traffic to check for?  Or how fair is waiting patiently for a walk signal and realizing too late that you failed to press the “beg button” hidden behind a tree?

If you feel a complaint about a specific traffic problem is justified, you cmay file one with the City of St. Paul, or with the Minnesota Department of Transportation.  If you feel you have been unjustly ticketed, you may want to explain your case to a Court Hearing Officer.   Most of all, everyone needs to do their part by BEING ALERT, which might mean simply turning off the phone while driving or turning off the portable music when beginning to walk across a street.

 

 

The Rising Mississippi

Some of the best views in town of the rising Mississippi River are available at the Law Library.  Pay us a visit and check it out!

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Summer Motorcycling – Start Seeing Safety Tips

DSCN3806For Minnesotans who wait all year to hit the highways and byways on their motorcycles, June is the golden month.  Unfortunately, news of late would indicate that this June has also been the deadly month for motorcyclists.   In the last several weeks, we have read reports of multiple motorcycle deaths  on Minnesota streets and highways.  True, one could argue that there are more people riding motorcycles nowadays that must be accounted for in these numbers, but the death numbers themselves still remain.  The question becomes what can  one do when riding to avoid becoming one of these statistics.

Yes…as the popular bumper sticker states, four-wheel vehicle drivers should start seeing motorcycles while they are driving instead of reading the newspaper, putting on mascara, talking on the phone, text­ing, writing, eating, etc.  But being seen is far easier if one remembers to wear proper high-visibility clothing.  In Minnesota, motorcycle helmets are optional for those at or over the age of 18, but obviously a rider who chooses to wear one improves his or her odds in a collision.  Next, to state the obvious make sure you are in fact properly licensed.  Also, know exactly what the rules of the road are for cycles – the Minnesota motorcycle safety manual is available online for brushing up.  Finally, a cyclist can always benefit from a motorcycle safety class.

Here is an interesting old case from the Minnesota Supreme Court which looks at the classic arguments for and against motorcycle helmet mandate laws.

 

Earlier this month Virginia Governor Terry McAuliffe announced policy changes intended to make it easier for previously convicted Virginians to regain their voting rights.  Those convicted of violent felonies will now face a three year waiting period as opposed to a five year one.  Felony drug convicts will now be considered nonviolent offenders, allowing them to regain their rights immediately after completing prison time and paying court costs.  This is a huge move, because Virginia law currently disenfranchises 7.34% of its otherwise-eligible voters because of prior felony convictions, the fourth highest in the nation.  

Virginia is an example of how disparate and uneven felon disenfranchisement laws are across the nation.  In 11 states, a felon may permanently lose the right to vote, in 24 states they must wait until they complete parole and/or probation.  13 states allow voting after incarceration is complete, and 2 states allow for voting while incarcerated.  Minnesota is in the largest category, wherein people with a past felony conviction can vote after they finish their entire sentence, including probation or parole.  This issue has surfaced in the Minnesota Legislature this year, and a bill has been introduced to restore the right to vote to people after incarceration for a felony. (See the Star Tribune article on this issue.)

lockedout[1]On May 7, The Ramsey County Law Library and the Ramsey County Bar Association will celebrate Law Day with a talk by Dr. Christopher Uggen on the subject of felon disenfranchisement. This event will take place at 3:30 p.m. in Room 40 of the Ramsey County Court House and  is free and open to the public.  (CLE credit is available.) Dr. Uggen is co-author of Locked Out:  Felon Disenfranchisement and American Democracy (Oxford 2006), which is available at the Law Library.

 
The James J. Hill Library as captured by Michael Boeckmann (Star Tribune)

The James J. Hill Library as captured by Michael Boeckmann

This week the James J. Hill Library  was named the greatest historical treasure among the nation’s libraries in Gale’s nationwide photo contest.  (Kudos  go to local photographer Michael Boeckmann for this award-winning photograph, which appeard in the Star Tribune and Pioneer Press.)  The Hill Library is roughly one block up the street from the Ramsey County Courthouse, and is a must-see stop for downtown visitors making the historical architectural tour.  Built in response to Hill’s preference that celebratory money be spent on a “research center” in leiu of a grand celebration to commemorate the opening of his Great Northern Railway, it was dedicated in 1921.    Don’t overlook the resources of the Hill Library for assistance with your business research.  With access to extensive database resources through EBSCO,  “[t]he Hill’s Business Librarians can assist businesses, freelancers, entrepreneurs and nonprofits in finding information that will be useful in opening a new store, finding new clients and delivering new products or services.”  Read more about the James J. Hill Library and its services here, or check out their excellent blog.

This week is also when libraries everywhere are recognizing National Library Week.  Officially sponsored by the American Library Association (ALA), it is a time to celebrate the contributions of libraries and librarians and to promote library use and support.  The Ramsey County Law Library is recognizing National Library Week from Monday through Friday this week.  Visitors to the library can help themselves to a free pocket Constitution. This year’s theme is “Lives Change at Your Library.” 

 

Are You a Peephole Driver?

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As the reality of winter commuting sets in once more across Minnesota, let us be aware of the danger in what has become known as “peephole driving.” As explored by this recent article in the Star Tribune, peephole driving is the operation of your vehicle aided only with only the visibility provided by a small ice-free patch that you’ve managed to scraped onto your winter-frosted windshield. No driver can reasonably be expected to see hazards like cars in adjoining lanes, bicyclists, pedestrians at crosswalks through such a pitiful hole of visibility…yet we have all seen them try.

This area of vehicle safety is covered in Minnesota Statute 169.71 Subd. 3, which states that “[n]o person shall drive any motor vehicle with the windshield or front side windows covered with steam or frost to such an extent as to prevent proper vision.” According to Lt. Eric Roeske of the Minnesota Highway Patrol, a citation for obscured vision can cost upward of $130. Of course, “proper vision” might be a debatable concept, but it becomes crystal-clear in the wake of a fatal accident.

 

In the Neighborhood…

        Much construction activity is taking place in the neighborhood of the Ramsey County Courthouse. Today’s Pioneer Press reports that the former Lowry Hotel (directly across 4th Street) is undergoing renovation to become the new home of the Ramsey County Attorney’s Office. The renovated property is also expected to house a bar and restaurant, as well as a rooftop dining option. Apartments, including student housing for the McNally Smith College of Music are also part of the plan. Only the administrative officers and criminal division employees for Ramsey County currently remain at the former West Publishing Building across Kellogg Blvd. Most county employees already have already moved from the West property to the Metro Square Building, and another 125 are expected to move to the renovated Lowry Hotel property. The article can be read here.

From the wide views of the Law Library’s 18th floor windows, an excavation project across the river has aroused some curiosity. Much construction-related digging can be seen past the Wabasha St. Bridge at about Water Street. A look at the St. Paul Permits Online database doesn’t readily reveal what is going on here, but St. Paul Zoning Inspector Tom Beach stated over the phone that this was the beginning activity of the West Side Flats. More about the West Side Flats project can be read at this Pioneer Press article.