Self-Help Resources

On Getting that Second Chance

On 10.15.14, In Legal News, Self-Help Resources, By The Law Librarian

Shon Hopwood as he appears in Wikipedia

The Law Librarian shared her enthusiasm last year about the life change of bank robber turned future-lawyer Shon Hopwood (who is clerking for U.S. Court of Appeals Judge Janice Rogers Brown). Hopwood graduated from the University of Washington School of Law this year. According to the October 6, 2014 edition of the National Law Journal, the Washington state Supreme Court has ruled that Hopwood will be allowed to sit for the state bar exam next year, and be admitted to the bar should he pass. The future is looking bright for Mr. Hopwood, not to mention his wife and two children. At the root of the Shon Hopwood story are the people and institutions that believed in him: A prison law library, a law school, a federal appeals court judge, and a state supreme court. Stories like Hopwood’s are only possible when people are given the tools to mend their ways and change their paths.

Early this week an editorial in the Pioneer Press explained how former offenders are blocked from finding meaningful employment, which is their key to transitioning to a law-abiding lifestyle. The result is a “cycle of poverty and incarceration for hundreds of thousands of Americans and their families.” The article referred to data suggesting that more than half of released ex-offenders remain unemployed up to a year after their release from custody. In addition to the twice-monthly expungement workshops that take place in the Ramsey County Law Library, there are now workshops being presented by VLN at the Rondo Outreach Library. The next one will take place this Friday (October 17, 2014) from noon to 3:00 PM.

Minding your Manners in Court

On 09.24.14, In Legal Research, Self-Help Resources, By The Law Librarian

What attorneys are allowed to say and do in court might be subject of common discourse, but less discussed is the courtroom decorum expected of spectators and litigants. The Minnesota General Rules of Practice enumerate what is required of court attendees, namely that “[d]ignity and solemnity shall be maintained in the courtroom.” (Rule 2.01) Specifically, this Rule prohibits not only unnecessary talking but other behaviors as well. Think you are going to quietly read a newspaper in back of the courtroom? Expect the bailiff to nudge you and tell you to put it away. The Minnesota Courts website offers even more detailed instructions for those making pro se court appearances, namely to dress conservatively (not in shorts, t-shirts, plunging necklines or torn clothing) and to not bring children. Chewing gum, eating, wearing hats, talking on cellphones are also out. Think you’re going to wait quietly in the courtroom and listen to music with your device and headphones while you wait your turn? This is also a no-no. (Transgressors can likely expect the same result as for reading a newspaper in court, see above.)

Also, Rule 2.02 states that “[t]he judge shall be responsible for order and decorum” within the courtroom. Wright County District Court Judge Steve Halsey (blogmaster of Jurors Behaving Badly) advances the cause with his own version of decorum guidelines for those making court appearances. Most courtroom participants are presumably quiet and courteous, but some extreme bad behavior stands out. Swearing at a judge, for instance, can get one called into contempt of court and result in jail time. You may be attending a court hearing to support a friend or family member, but disruptive behavior won’t do your friend any favors with the judge. More likely it will only get you thrown out of the courtroom.

For those wishing to explore in detail the deeper due process implications of courtroom decorum issues, check out these articles:

Jona Goldschmidt, ‘Order in the Court!’: Constitutional Issues in the Law of Courtroom Decorum, 31 Hamline Law Review 1 (2008)
Laurie L. Levenson, Courtroom Demeanor: The Theater of the Courtroom, 92 Minn. L. Rev. 573 (2008)

Condominiums – Ups and Downs

On 09.10.14, In Local News, Self-Help Resources, By The Law Librarian

Downtown 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.

Criminal Expungement Workshop at Rondo

On 08.28.14, In Self-Help Resources, By The Law Librarian

Criminal Expungement has long been an issue of special focus for the Ramsey County Law Library. A recent article in the Wall Street Journal adds more fuel to the fire for why this is an important issue in our community. The article reports that ccording to the FBI, authorities have made more than a quarter billion arrests in the last 20 years, with one out of every three adults on its database. Arrest alone can hinder efforts to land a job, a loan, or an apartment. Were you arrested as part of a youthful college protest decades ago? It can still leave lasting consequences your criminal record. Much of these massive arrest numbers are the result of action taken against what seemed like an out-of-control crime wave in the late eighties and early nineties. Fortunately crime has decreased since then, but unfortunately the same can probably be said about economic security. Modern security, after all, increasingly depends on having a job, a home, and a credit history.

The Law Library continues to be the location for expungement workshops held on the second and fourth Thursdays of each month. Now the Law Library is assisting in a new partnership with Volunteer Lawyers Network (VLN) and the St. Paul Public Library to present expungement workshops at the Rondo Outreach Library. The inaugural workshop will take place on Friday, September 19 from noon to 3:00 p.m. Read more about VLN expungement workshops here.

Cops in the News

On 08.14.14, In Legal News, Self-Help Resources, By The Law Librarian

Even though temperatures have been moderate, this is turning into a long, hot summer for police officers. Cops seem to be headlining the news everywhere. These headlines include a local officer slain in the line of duty, as well as the community anger following the police shooting of Michael Brown in Ferguson, Missouri. Perhaps we shouldn’t be surprised that the Department of Justice is currently subjecting police tactics to a sweeping review. Here in the Ramsey County vicinity we are seeing everything from a community mourning a fallen officer to an officer under scrutiny for allegedly running a red light last spring.

No question that law enforcement is a tough dangerous job that every safe and thriving community depends upon. Citizens owe it to their communities, however, to be aware of police practices and to report cases of law enforcement gone awry. Also, being pulled over and ticketed is an experience that happens to many summer motorists this time of year. If you have recently received a traffic ticket that you feel was undeserved, read information about contesting your ticket in Ramsey County, or come up to the Law Library to see Beat your Ticket (Nolo 2013). For more extensive research into the legal aspects of police misconduct, come up to the Library and peruse Police Misconduct: Law and Litigation (Thompson Reuters 3^rd). If you have witnessed or experienced a case of local law enforcement going beyond the scope of its authority, you may choose to file a complaint with the City of St. Paul, the Ramsey County Sheriff’s Department, or even the U.S. Department of Justice.

Drivers and Pedestrians – At Cross Purposes?

On 07.16.14, In Local News, Self-Help Resources, By The Law Librarian

In 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.

On Becoming a (Legal) Father

On 06.10.14, In Self-Help Resources, By The Law Librarian

Everyone knows that being a father is complicated.

From the tasks of teaching a child right from wrong (or even just safe from unsafe), explaining the injustices of life, and protecting them from the myriad of dangers grow more numerous every year, the job of a hands-on father is not a small one. Unmarried fathers not currently involved in their children’s lives but wishing to “get in on the game” with all of its challenges and rewards are likely have questions that need answers. Like, does a guy have to prove he is the father to have any voice in his kid’s life? What exactly are the rights and responsibilities of a father under Minnesota Law? Is a guy totally at the mercy of the child’s mother and what she wants? A good source of information for questions like these is the Unmarried Fathers’ Guide to Paternity, Custody, Parenting Time and Child Support in Minnesota.

Briefly, the first task an unmarried father faces is to make his paternity been legally established, because he does not have a right to any custody or parenting time until it has been. (See Minnesota Statute §257.55 for information on presumptive fatherhood and §257.63 regarding evidence related to paternity.) If paternity gets determined by a hearing, the court will then decide custody, child support and parenting time based on the best interests of the child (just like in divorce). In cases where paternity is established by a Recognition of Parentage form as opposed to a paternity hearing, a father has no automatic right to custody or parenting time unless he specifically goes to court for them.

If you think you may be the father of a child born to a woman who is not your wife, but paternity has not yet been established by a Recognition of Parentage form or court order, you can register with the Minnesota Fathers Adoption Registry no later than 30 days after the child’s birth. This way you can be notified if a Petition for Adoption of the child is ever filed in a Minnesota court. This is so you can take part in the legal adoption proceedings and seek to establish legal paternity if you so choose. Albeit not a perfect process, compare it to how few options an unwed father had at the time of this groundbreaking case.

Making a Fresh Start – Criminal Expungement

On 05.21.14, In Legal News, Self-Help Resources, By The Law Librarian

In addition to numerous other new laws, last week saw the passage and signature of H.F. 2576 for criminal expungement reform in Minnesota. This law will give judges greater ability to permanently seal criminal records of those who are granted expungement of records on petition. It is often records kept in online business databases that hinder those with prior felony convictions when seeking a job or an apartment. These records have had a tendency to be inaccurate, incomplete, or misinterpreted, failing to accurately reflect what might have been technically expunged before. With the new legislation, business screening services would have to delete these records that are sealed or expunged.

Prosecutors and law enforcement would still have access to such information for investigations, prosecutions or sentencing in new crimes. People would also have to wait two to four years after probation is complete to petition to seal misdemeanor records and at least five years for nonviolent felonies. (Some crimes are deemed too severe under the new law to expunge.) Still, the hope is that this law will make a key difference for those whose old crimes long hinder their efforts in seeking jobs or housing. As Governor Dayton said, “[p]eople can’t turn their lives around and become law-abiding citizens if they have no hope of finding a decent job or a place to live.”

Online information about getting criminal records expunged in Minnesota is available. Also, a court-sponsored expungement workshop meets in the Ramsey County Law Library on the 2^nd and 4^th Thursdays of each month at 1:00 pm. Attendees may pick up the free packet of forms on the 9^th floor beforehand.

Alternative Caregiving and Custody Resources

On 05.14.14, In Legal Research, Self-Help Resources, Solo & Small Firm Resources & Tips, By The Law Librarian

Last week’s post touched on “mothering” by folks who may not technically be mothers (or fathers), and how this can give rise to third party actions for custody or visitation of children involved. The alternative custody and visitation area of law is certainly not as clear-cut and established as is the parental custody area. It is good news that parties and potential parties can now seek advice and assistance (including forms) from the Ramsey County Family Court Self-Help Center, but people might still have questions and need more information. What can a person expect in such a court action? What kind of parenting realities does a non-parent seeking custody have to be aware of? Fortunately there are a few resources to help with these informational needs.

The Kinship Caregivers Legal Steps Manual is published by the Minnesota Kinship Caregivers Association (MKCA). It can be viewed online or purchased in hardcopy. The MKCA Raising Relatives Children webpage also provides much information and direction with third party custody issues. You may also call their Relative Caregiver Warmline at 651-917-4640.
The Minnesota State Law Library has a LibGuide page dedicated to child custody and parenting time. The Kinship Caregiving tab presents all relevant Minnesota statutes and other helpful tools regarding alternative custody and caregiving in one handy reference page.
The Minnesota State Bar Association (MSBA) has also published some informative articles on this subject, which can be useful for both caregivers and practitioners. These can be found in the Family Law Forum newsletter database. One such article is “Trying Your First Third Party Custody Case,” which is not only useful for lawyers in knowing what to anticipate, but anyone who is a party to a third party action or are considering bringing one. Another informative article is “Limitations on Grandparent Visitation?,” also from the MSBA Family Law Forum newsletter.
Finally, a useful chapter on third party and alternative custody is also contained in the Minnesota Child Custody Deskbook (MN-CLE), available for your convenience at the Law Library.

“Mother” is Sometimes a Verb

On 05.07.14, In Legal News, Self-Help Resources, By The Law Librarian

This Sunday is Mothers’ Day, and with respect to all mothers, it is also a good time to look at the word “mother” as a verb. According to the Merriam-Webster online dictionary, to “mother” can mean to care for or protect someone, and the act need not be (and often is not) done by mothers per se. It can also be done by fathers, grandparents, friends, aunts, uncles, brothers, sisters, just to name a few. It is within this context that people often seek court intervention regarding their status or someone else’s status as a caregiver to a child. Visitation and custody actions are the typical vehicles for legally establishing this “mothering” status, so to speak.

We at the Law Library are always happy to show people statutes, rules, and treatise materials regarding custody or visitation actions. If one needs legal assistance or advice in the family law realm, a good place to go is the Ramsey County Family Court Pro Se Clinic. This clinic is a free service dedicated to helping self-represented people who have a live or potential case in Ramsey County Family Court. Volunteer attorneys experienced in Family Law staff this clinic, and there are no restrictions on income to use this service. These attorneys can provide answers to legal questions, offer procedural advice, explain court orders and help fill out court provided forms, but CANNOT represent you in court. Subject areas covered include divorce, child custody, child support, visitation/parenting time, and paternity issues. In addition, the Clinic has recently added third party child custody actions to its scope

The clinic is staffed very Monday, Wednesday and Thursday (excluding holidays) from 12:00 pm to 3:00 pm. Call 651-266-5125 to make an appointment or to inquire about walk-in procedures. (NOTE: Children are not allowed in the appointment.)

Family Court Self-Help Service Center

Juvenile and Family Justice Center

25 West 7^th Street

St. Paul, MN 55102

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