Self-Help Resources

Habeas Corpus – An Extraordinary Writ

On 04.28.15, In New Books, Self-Help Resources, Solo & Small Firm Resources & Tips, By The Law Librarian

We know that modern habeas corpus law has its roots in the historical Magna Carta, but what is the role of habeas corpus in modern law? Who may petition for such a writ? What tools are available for seeking this writ and where are can they be found? The writ of habeas corpus is clearly specified in both the U.S. Constitution (Article I Section 9) and the Minnesota State Constitution (Article I, Section 7). Minnesota statutory law specifically outlines the provisions for a writ of habeas corpus under M.S.A. §589. Basically speaking, “[A] person imprisoned or otherwise restrained of liberty, except persons committed or detained by virtue of the final judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution issued upon the judgment, may apply for a writ of habeas corpus to obtain relief from imprisonment or restraint.” Conveniently, M.S.A. §589.05 even provides form language for seeking state habeas corpus relief.

Habeas corpus is probably more commonly understood in its federal application, as a remedy for a person in custody pursuant to a state court judgment to petition the federal courts for relief, and who has exhausted all of their state remedies. This application of habeas corpus as a legal remedy provided under 28 U.S. Code §2254, plus its historical significance, is described in detail by the U.S. Supreme Court in the case of Fay v. Noia 372 U.S. 391 (1963). Forms to file for the different federal writs of habeas corpus (including §2254) are available at the website of the U.S. District Court of Minnesota. This page offers two different habeas corpus petition packets (based on different sections of U.S. Code), so one should carefully read the enclosed instructions prior to making their final selection. If you are an attorney embarking on a habeas corpus filing, the library has some additional resources that might help.

Allan Ellis’s Federal Prison Guidebook (James Publishing 2015) by Alan Ellis et al. This is a book of programs and policies for 105 prisons, including educational, vocational, and apprenticeship opportunities, UNICOR, counseling and rehabilitation services, fitness and recreation facilities, religious services, telephone policy, accommodations in surrounding area, and much more. There is an entire chapter providing guidelines for preparing habeas corpus motions.
Federal Habeas Corpus Practice and Procedure (LexisNexis 6^th Ed. 2011) by Randy Hertz and James S. Liebman This is an authoritative and practical 2-volume treatise with practical advice and expert analysis from practitioners and subject matter experts. The treatise and the accompanying supplement includes the latest habeas corpus case law as well as important statutory changes.

Of course, don’t miss our Law Day event this Thursday (April 30) which will feature a special talk on habeas corpus.

Laws in Translation

On 03.11.15, In Self-Help Resources, Solo & Small Firm Resources & Tips, By The Law Librarian

As Minnesota becomes more complex and diverse, administration of justice necessitates people having access to language-appropriate legal resources. For instance, Minnesota law provides that court interpreters be appointed for persons involved in criminal proceedings, property forfeitures or mental health commitments who cannot speak or comprehend the English language. (See Minn. Stat. §§ 611.30 to 611.34.) But the process of making law multilingual is never easy or complete. Both the Minnesota Statutes and Court Rules are only released in English, which means any translation of them risks compromising their intended meaning. The MN Courts website is also only available in English, even though its Self-Help Center offers limited access language links in Spanish, Hmong, and Somali. Certain court forms are available in additional languages including Cambodian, Lao, Oromo, Russian and Vietnamese. (Note: The forms themselves must be completed in English, and court interpreters cannot help with this.)

For other non-English self-help options, LawHelpMN offers their helpful legal information resources in varying degrees in a number of languages. Brochures for SMRLS (Southern Minnesota Regional Legal Services) state that they offer interpreters for their patrons that speak Hmong, Laotian, Somali, Russian and Spanish. Speaking of self-help, do you know someone who is interested in attending our weekly Housing and Conciliation Court clinic but needs an interpreter to communicate with the lawyer? Contact us the week before they plan to attend so that we can arrange an interpreter. Do you know someone who doesn’t speak English well but has an upcoming appearance in district court? Or does your own district court case depends on testimony from your dear grandmother who doesn’t speak English? In these cases, contact the district court clerk ahead of time so that they can arrange a court interpreter. (Fluent or not, your cousin cannot serve as granny’s court interpreter.) There is no cost for this service.

Are you a judge or an attorney handling a new case that might possibly call for an interpreter? Additional resources to help you are available at this page, including an interpreter jury trial guide and handy “bench card” guides specifically for judges. Here you can also find referrals to the appropriate court rules regarding the appointment of interpreters in court. (Ex: See MN Rules Civ. Pro 43.07) You may also want to be aware of the Code of Professional Responsibilty for Interpreters in the Minnesota Court System.

Are you fluent in another language and interested in becoming a court interpreter? Read about the Minnesota Court Interpreter Program to learn how to get started!

Was your Vehicle a Witness to a Crime?

On 01.28.15, In Legal News, Self-Help Resources, By The Law Librarian

Was your vehicle or other property recently seized by law enforcement as part of an investigation? You might feel that your car’s impoundment was downright criminal, but getting it back will require civil action on your part. And it’s not just cars that can be seized. Firearms are also subject to government seizure, as are recreational vehicles like your snowmobile or boat if they suspected to be tools in the commission of DWIs or fishing/gaming offenses. Last year brought some changes to Minnesota civil forfeiture law. In May the Minnesota Legislature passed legislation wherein the government would no longer be allowed to keep property and cash seized in drug cases when there is no criminal conviction. In August the Minnesota Supreme Court ruled in Garcia –Mendoza v. 2003 Chevy Tahoe that the exclusionary rule applied to civil forfeiture as well as criminal search and seizure actions. Despite these changes, this Minnesota House Research Information Brief from 2010 still provides good information on what Minnesota civil forfeiture law covers.

Unlike you, your property has none of the constitutional rights protected under criminal law, so actions to recover government-seized property have to be brought in civil court. More often than not, your seized property will be worth less than $15,000, so such recovery action would properly be brought in Conciliation Court. If you recently had your property seized in Ramsey County, and were served with a Notice of Seizure and Intent to Forfeit as part of a DWI arrest, you can find helpful procedural information at the 2nd Judicial District website. Demand Claim and other related forms are available at the Minnesota Courts website. You will also want to read the current Minnesota forfeiture statute (MN Stat. §609.531) for more information. Also consider coming to our Housing and Conciliation Court clinic for a free lawyer consultation to see where you (and your car) stand.

Despite the recent changes to Minnesota forfeiture law, civil forfeiture remains a controversial government tool. For example, this recent article from the Institute for Justice presents an investigation into the very usefulness of civil forfeiture as a force for civic good.

Hello 2015 – And a Brand New Year for Minnesota Expungement

On 12.30.14, In Legal News, Self-Help Resources, Solo & Small Firm Resources & Tips, By The Law Librarian

After months of waiting, Minnesota’s new criminal expungement law takes effect January 1, 2015. This new law will give Minnesota judges statutory authority to seal criminal records covering a broader range of circumstances than were previously available. This is significant considering that according to the Council on Crime and Justice, one in four Minnesotans has a criminal record. MPR posted an article which helps illustrate how a well-meaning person might wind up with a criminal record and why he or she might benefit from expungement as a tool to get back on track.

For Ramsey County residents with prior criminal convictions or arrests, there has never been a better time to attend a local expungement workshop. In addition to the Court-sponsored workshops that take place on the second and fourth Thursday of each month workshops in the Law Library, workshops are also available on the Third Friday of each month at the Rondo Outreach Library. Starting in February, workshops will also be available the first Friday of each month at the Arlington Hills Library and Community Center. See this poster for handy reference to all the workshops.

Take a look at the law and see how it has been expanded. This article from the Bench and Bar of Minnesota helps explain the legal foundations of the new expungement law, as does this practice tip sheet from Volunteer Lawyers Network (VLN).

A Warm Holiday Thank You to Our Volunteers

On 12.24.14, In Self-Help Resources, By The Law Librarian

Volunteer attorney Ryan Peterson greets a clinic visitor

It’s no secret that one of our most popular offerings at the Law Library remains our Tuesday afternoon Housing and Conciliation Court clinic. Our clinic allows Ramsey County residents (and those with potential Housing and Conciliation Court cases in the 2^nd Judicial District) the opportunity to speak with an attorney for up to 30 minutes. The clinic is specifically designed to help with legal matters that include landlord-tenant issues, debt collection and judgments, and unlawful detainer expungements. In 2013 our clinic helped 437 visitors, with similar or greater projections on track for 2014.

Of course, none of this would be possible without the service of our volunteer attorneys. Their generous time and attention is what our clinic ultimately depends on. So we are shouting out a big THANK YOU to them this holiday, plus to all attorneys who give their time and resources in order to bring the access to justice concept that much closer to reality, especially for struggling members of our community.

We look forward to continuing our clinic in 2015. If you are a practicing attorney interested in volunteering for our clinic, please see this information and contact us.

Your Traffic Misdemeanor (Don’t be Petty)

On 12.04.14, In Self-Help Resources, By The Law Librarian

Law enforcement is extra-busy during the holidays keeping the roads and streets safe from drunk drivers and other hazards. Sober or not, you might still be cited for a traffic violation. Likewise, snow emergencies and shopping traffic pose additional challenges to drivers hoping to avoid parking citations. But let’s say you have been ticketed, and unjustly in your opinion. What are your options? What can you can anticipate? The easy resolution is to pay the fine, of course. (This will be considered a plea of guilty.) Doing so as soon as possible will help you avoid any late fees. But what if you feel you are in the right and want to contest the ticket? After you confirm that your ticket has been posted, you may call to set up an appointment with a hearing officer. This person has the authority hear your side of the story and to dismiss certain offenses. (This is easily your best opportunity to present your view of the facts and get the matter resolved. In neighboring Hennepin County, about 90% of those who meet with a hearing officer settle their case!)

If you cannot resolve your issue with the hearing officer, and your particular offense requires a court date, you will be mailed the time and date of when you need to appear. You may decide to contact a lawyer for this appearance. (Note: Only charges carrying the possibility of jail time are eligible for public defender representation.) If you can’t appear on your court date for whatever reason, you must contact the court administrator to inquire about a continuance. If you do miss your court date, the charge may be certified to your driving record and a bench warrant may be issued for your arrest. If you have already missed your court date through no fault of your own, you should contact the Court Scheduling office to learn what you need to do. All of this information and more is available at the 2nd Judicial District section of the Minnesota Courts webpage.

Let’s say you have followed these steps through to your pre-trial conference and trial dates, and the court has still found you guilty. Or you didn’t make your court date and a default judgment has been entered against you. Legally you have the option of filing an appeal. This is not a small task. Appellate filing fees are currently $550, and you will have to plead the merits of your case as it relates to its reviewability as well as its grounds for reversal. (See the new 2014 Appellate Standards of Review.) “The judge was rude” or “I forgot my court date” probably won’t help for either requirement. Time is also of the essence – See MN Rules Crim. Proc. 28.02 for the time window allowed to appeal misdemeanor judgments. If you are still determined to proceed at this point, seriously consider consulting an attorney.

However you choose to proceed with your parking/traffic citation, you are far better off addressing it promptly rather than burying it in your glove box. Consider stopping by the Law Library to consult print resources like Beat Your Ticket (Nolo 2013) or Minnesota Misdemeanors: DWI, Traffic, Criminal, and Ordinance Offenses (LexisNexis 2014 Ed.) to learn more.

Keeping the Heat On

On 11.19.14, In Self-Help Resources, By The Law Librarian

With the sudden drop in temperatures last week, maybe you are concerned about paying your utility bills this winter. In case you have trouble making your payments, would the utility company be able to shut off your heat when the temperatures drop? Truth is, your heat CAN be shut off for nonpayment, UNLESS you take steps under the Cold Weather Rule (CWR) to protect yourself. Codified in MN Stats §216B.096 and §216B.097, you must contact your utility company to apply for the legally mandated protection from having your heat shut off. You will then be required arrange and maintain a payment plan with your utility to be covered under CWR. All natural gas and electric utility companies must offer protection under the CWR, which is in effect annually from October 15 through April 15. This process is described by the Minnesota Public Utilities Commission. More information about CWR is available through this Legal Aid fact sheet. If you are having trouble affording your heating service, you may also be eligible for assistance through the Energy Assistance Program (EAP), which is administered through the Minnesota Department of Commerce.

Similarly, if you are a renter you may be wondering if your landlord might turn off your heat if you can’t pay rent, in order to make you move out. In fact, your landlord can only evict you through a legal unlawful detainer. They may not force you out through “retaliatory” means such as turning off your utilities. If you think your landlord is trying to do this, you may decide to file an Emergency Tenant Remedies Action. (MN Stat §504B.381) You can find additional information and the necessary forms through the MN Courts. You can also find city-specific information regarding your landlord’s heating responsibilities at this HOME line webpage.

Stay warm!

Judgment upon Judges

On 11.12.14, In Legal News, Self-Help Resources, Solo & Small Firm Resources & Tips, By The Law Librarian

Despite his professional reputation (including an outstanding judge award from the state’s District Judges Association) and the popularity of his Pendleton Updates blog, Judge Alan Pendleton found himself under the regulatory microscope last week. He now faces discipline from the Board on Judicial Standards for failing to maintain a proper residence in his Anoka County jurisdiction. He allegedly had sold his Anoka condominium in November of 2013 and moved into his wife’s Hennepin County residence to be closer to their children, and stayed there until August. While the details of his domicile seem like a tiny blip on any measure of judicial wrongdoing, it is a reminder of the regulations that Minnesota judges must comply with. With a Robert Downie Jr. movie and a (now-cancelled) NBC sitcom casting fictional light on the lives of judges, it is especially timely to look at the subject of judge regulation.

It is also not unusual for the Law Librarian to encounter library patrons who believe that the judge in their particular case has acted improperly (or at least very unfairly). If someone feels that their particular judge has truly stepped out of the official line, they may want to consult the Minnesota Code of Judicial Conduct. If this convinces them that their judge has indeed acted improperly, they may wish to contact the Minnesota Board of Judicial Standards and file a complaint. Finally, the Minnesota State Law Library offers an extensive (and growing) collection of information-rich LibGuides, including this one on judge regulation. Also consider this interesting article from the University of St Thomas Law Review that looks at judicial misconduct. In addition to its examples of judges stepping out of line, it provides a scholarly look at why we all depend on an ethically sound judiciary.

Inside the Mind of a Judge

On 10.30.14, In Legal Research, Self-Help Resources, Solo & Small Firm Resources & Tips, By The Law Librarian

“…[D]edicated to the Training & Education of the Minnesota Trial Bench and Attorneys,” the Pendleton Judicial Training Updates is a website which allows a person to get a judge’s point of view on a myriad of legal issues and situations. Essentially, this website is a collection of “updates,” or short, concise, and easy to read tips that every judge and attorney should know. Even laypeople can appreciate the chance to understand what the judge knows, and likely expects the attorneys to know. As an example, look at Judge Pendleton’s short-and-sweet guide to contested child support contempt hearings.

Anoka County Judge Alan Pendleton has an extensive background in teaching, and has established this website platform for educating judges, attorneys, and others. An online subject matter index and table of contents make Judge Pendleton’s archives a breeze to use. A lawyer or litigant would be hard pressed to find a resource this short and sweet, and on target with Minnesota law. Don’t just take the Law Librarian’s word- Massachusetts lawyer Robert Ambrosi of Law Sites recently reviewed Judge Pendleton’s training blog and was just as impressed. So look over these updates before your next in-court judge encounter and see if you don’t find yourself just a bit more prepared (and confident).

Elevate Your Voting Game

On 10.24.14, In Self-Help Resources, By The Law Librarian

Will this year be another election that catches you blindsided in the voting booth with an assortment of names that you haven’t researched? Don’t you want to know more about a candidate than mere party affiliation before marking their box? You know that properly vetting candidates doesn’t mean putting your faith in the television campaign attack ads, and yet it’s not always easy to find good information on a candidate that doesn’t carry partisan flavors. With this in mind, the Law Librarian searched around and located some potentially helpful websites for voters:

www.ontheissues.org – This site provide a wealth of easy-to-understand information in a matter-of-fact format on national-level candidates. Quotes from books, speeches and debates are offered to shed light on these issues for the voter. The Law Librarian found that this site examined the issues to a finer degree than any other.
www.votesmart.org – Much more flashy (but perhaps not as “fleshy”) as www.ontheissues.org. Their “Political Galaxy” and “Political Courage Test” are both entertaining and informative. These interactive features, however, make it difficult to see and locate desired information at a glance.
www.ballotpedia.org – To see what you can expect to see on your ballot, check out this site. Sponsored by The Lucy Burns Institute and www.ivoters.com, This site allows you to customize your ballot to the races in your geographical location. You can also use this site to read the details of particular candidates.
http://judgepedia.org – Closely related to Ballotpedia.org, this site details all the incumbent state and federal judges for every district in every state. On this note, don’t forget the Minnesota Courts website and its judicial directory as a voters’ resource.
MN Secretary of State – Have you recently moved and don’t know where you should go to vote? The Secretary of State’s MNVotes webpage can help you find your voting location via their Minnesota poll finder. You can also register to vote at this website or check about absentee voting.
League of Women Voters – Long devoted to protecting and educating voters, this organization is also a great source for voter education. Check out their affiliate site, www.vote411.org and also their Voter’s Bill of Rights brochure.

Have you found another great resource for informing voters? Share it with us!

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