Are You a Peephole Driver?

OLYMPUS DIGITAL CAMERA
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.

 

The FATHER Project

 

"Tiny Tim and Bob Cratchit" by Norman Rockwell

“Tiny Tim and Bob Cratchit” by Norman Rockwell

This holiday season, let us be inspired by Charles Dickens’ character Bob Cratchit for his demonstration of proactive, hands-on fatherhood. This beloved guy from A Christmas Carole knew he made a difference in his children’s lives, despite having to face down difficult parenting obstacles. (These would certainly include his difficult boss and limited income, not to mention his youngest child’s health problems.) In keeping with the Bob Cratchit example, we are highlighting the work of the FATHER Project, whose “mission is to assist fathers in overcoming the barriers that prevent them from supporting their children economically and emotionally.”

Ramsey County Child Support has partnered with the FATHER Project to support the financial and emotional involvement of fathers. An outgrowth of Goodwill –Easter Seals, the FATHER Project provides parenting and support groups, one-on-one advocacy and case management, GED services, employment services, father and family activities, child support services, and legal workshops through Central Minnesota Legal Services. According to this article published last month in The Star Tribune, the average father in Ramsey County’s Child Support system owes about $16,000. Predictably, some fathers get discouraged by their mounting debt and give up. Similarly, tools used to collect child support have typically been penalty-focused, such as revoking driver’s licenses. Thus, the FATHER Project aims to keep dads encouraged and on track by guiding them through the system and providing them with the right services to support them as parents. The program accepts dads between ages 17 and 35 who are low-income and unemployed or underemployed.

Also see the Father Project on Facebook.

 

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.

 

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.

 

New Resource – RamseyCountyLawHelp.org

A new self-help service was unveiled earlier this month to respond to the needs of those who cannot afford their own attorneys. Created by local legal aid offices and Ramsey County libraries, RamseyCountyLawHelp.org is similar to its parent, LawHelpMN.org. It offers links to local nonprofit legal aid and court programs, plus workshops and other resources available at local libraries. Additional legal resources are divided into subject areas for ease of use. A link to the excellent collection of Mid-Minnesota Legal Aid fact sheets is available for reference needs. Links to court forms for both federal and state courts can also be found.

“We are excited to offer Ramsey County LawHelp to our patrons. It provides amazing self-help legal resources that are local, current and comprehensive,” said Susan Nemitz, Director of the Ramsey County Library. “This website provides patrons with the tools they need to understand and address…very complicated and frightening legal problems.”

 

St. Paul has joined ranks with many other urban communities in becoming home to a large number of dogs in recent years. In addition to companionship, there is no denying a friendly dog’s value as a “social networking device” in a setting where many people congregate. And summer of course is the high season for dog “networking.”

No matter how sweet and affectionate your pooch may be, you and pooch are still bound by Minnesota laws and local ordinances. Many owners are not fully informed of the legal responsibilities that go with dog ownership, and wind up trying to piece together these laws after issues have arisen with their dog rather than being preventively aware beforehand. If you are thinking of getting a dog, or already have a dog(s), you would be prudent to check up on applicable laws. A good place to start would be Minnesota Statute 347 regarding dogs (and cats). Also be aware that you can be charged with a gross misdemeanor for harm caused by your dog. See Minnesota Statute 343 if you think a neighborhood dog is experiencing unlawful cruelty at the hands of its owner. A dog owner is obligated under the law to meet certain dog house standards, for instance.

Your city has a legitimate interest in making sure your dog is properly controlled- see the case of Hansen v. City of St. Paul. Be aware of where you and Rover stand by keeping these St. Paul Ordinances close by. (HINT: Go to Title XX – Animals on the left, then choose Chapter 200.) The City of St. Paul Division of Parks and Recreation has a handy brochure with a quick overview of cleanup and leash laws. St. Paul Animal Control also has much helpful information for your questions.

Of course, dog issues can easily arise in housing court and conciliation court claims. If you are a Ramsey County resident and have such an issue at hand, our Housing and Conciliation Court Clinic  can give you opportunity to discuss your issue with a lawyer right here in the Law Library. (Ulness he is a service dog however, we cannot allow Rover to join you in the Library – sorry.)

 


Last week we learned that the Affordable Care Act (ACA) would not require compliance from businesses with more than 50 employees until 2015, one year behind the original planned inception. The ACA continues to evolve as the time for its implementation of the ACA draws near, with open enrollment for consumers scheduled to begin on October 1, 2013. Many folks are seeking answers to questions they have as to how this Act applies to them and how they must prepare.

With that said, here is a list of some of the information resources that are available:

Healthcare.gov – This is the federal government sponsored website that provides a user interactive for answering questions and thereby guiding a user through the “open enrollment” process. This interactive site can assemble a “customized check list” based on a user’s answers to questions. Additional help center information is available by phone or by online chat.

Health Reform Minnesota – Our state’s official source for health reform information, Health Reform Minnesota provides answers to frequently asked questions, plus specialized information for certain audiences and situations. This site provides information on general Minnesota policies and regulations as they relate to health, in addition to Minnesota’s role in implementation of the ACA.

MNSure – Organized to oversee Minnesota’s health insurance marketplace, MNSure is billed as “a new central marketplace where Minnesota individuals, families and small employers can get quality, affordable health insurance and access tax credits or assistance to help pay for coverage.” Much like the Minnesota Health Reform website (above), this site provides answers to common questions and directions to resources. Beginning on September 3, MNSure will operate a toll-free 1-800 number call center to answer questions for consumers.

MedlinePlus – A service of the U.S. National Library of Medicine, MedlinePlus provides a huge page of news and information as it relates to health insurance. Numerous links to articles, organizations, and directories on the subject of health insurance are available here.

 

A Legal Resource for Family Law – Tubman

Patrons frequently come to the Law Library with questions or situations regarding family law that go beyond the services provided by Second Judicial District Family Court Services. The Law Library can sometimes help these patrons locate necessary forms for their situations (such as third party custody petitions or emergency motions). Sometimes, however, patrons are looking for more advice and assistance for their domestic issues than we can properly provide. In these cases, we often refer them to Tubman, a local multi-service agency with a core focus on domestic and family services.

Tubman offer a wide range of services including family violence shelter, mental and chemical health counseling, support groups, and various classes on useful subjects (finding a place to live, job hunting, and money management) . They also offer legal clinics for people seeking advice on family or domestic matters. They offer a free 30-minute to anyone regardless of income. A free two-hour session is available for those that meet certain income guidelines, and complete pro bono representation for those that meet stricter guidelines. Their other legal services offered by Tubman include paperwork assistance for Orders for Protection, criminal court advocacy (meeting victims at court and informing them of the process), and attorney referrals.

The Tubman Crisis Line number is (612) 825-0000.


Locations:

Tubman’s Chrysalis Center
4432 Chicago Avenue
Minneapolis, MN 55407
(612) 871-0118

Tubman Center East
1725 Monastery Way
Maplewood, MN 55109
(651) 789-6770