‘Tis the Season to be Wed

This being May, we are embarking on the annual “wedding season” of summer, that time of year when we see upward numbers festive brides and grooms out and about enjoying their big day. This summer’s wedding season is expected to be bigger than ever, given the recent passage of legislation recognizing same sex marriage by the Minnesota Legislature, and signature of same by Governor Mark Dayton. This new law will officially take effect on August 1, 2013. So in addition to the many bride-groom couples, this year we can expect to see bride-bride and groom-groom couples about the region as well. Indeed, Como Park is preparing for a large-scale “flash” wedding event that will take place on August 1, with brief blocks of time to be leased out by couples for their vow exchanges. Minneapolis City Hall will open at 12:01 a.m. that day to accommodate the expected “wedding rush” in the neighboring county.

Couples of all three gender combinations need to know where to get accurate legal marriage information, such as what it takes to get a license, what the related fees are, where to get a government official to perform the ceremony, and so forth. On the Ramsey County website is a page that provides a link to a marriage license application, information on where to file it, plus information on Ramsey County District Court Judges available to perform wedding ceremonies.

 

Domestic Violence in the News

The past week brought forth a rainstorm of local news articles with a disturbing common thread. We read about the bodies of young women pulled from both the Mississippi River and a Chisago Lake swamp, with the women’s surviving significant others being major suspects, and a young woman in the midst of a stormy relationship suddenly going missing. These articles were only the beginning, as many other recent news articles brought forth stories underpinned with hints of violent or abusive relationships. All suspects are innocent until proven guilty, of course, but these articles nonetheless bring home the point that domestic violence is a real and major threat, as highlighted in this Minneapolis Star-Tribune editorial. Further, domestic violence concerns not only young women but people of all ages and both genders as well.

In Ramsey County, instructions on how to seek an Order for Protection can be found here, and helpful related contact information here. We at the Law Library are always happy to help our patrons locate these and other resources that might be useful.

Breaking free from an abuser is obviously a difficult task, not to mention a risky and frightening one. Adding to this struggle are the administrative and financial woes that have to be resolved as part of breaking free. This is where the National Consumer Law Center publication, Consumer Rights for Domestic Violence Survivors (2006) can be helpful. This book addresses the nuts and bolts that must be addressed by domestic abuse survivors, such as the best ways to deal with joint debts, handling tax issues, and obtaining crime victim compensation funds. It is available for check-out at our Library.

 

 


The Ramsey County Law Library is currently seeking attorney volunteers for our Tuesday afternoon Housing and Conciliation Court Clinic. This is a great opportunity to do some pro bono work from the convenience of the Courthouse. More information is available here.

 

Are you a person of limited means in need of tax preparation assistance? We at the law library recently learned of an organization in the Twin Cities metro that serves the tax preparation needs for those that qualify. (This includes individuals making $30,000/year or less, families making $50,000/year or less, and self-employed taxpayers with household incomes of $50,000 or less.) AccountAbility Minnesota tax clinics are staffed by volunteers certified preparers on a first-come, first-serve basis. For a list of all of their available clinics and other information see their website or call (651) 262-2170.

 

Can there be a “Second Chance”?

After serving time for a criminal conviction, shouldn’t there be a point when a person can finally get a job, a home, or an education?

Three bills before the legislature this session stand behind this principle. One would give judges authority to close court proceedings and records for minors charged with felonies, one would remove the question on job applications that ask about felonies, and one would wrap stays of adjudication and plea diversions into the category eligible for expungement. Supporters of these bills say public safety would benefit from allowing offenders to successfully pursue a lawful existence, thus reducing their risk of falling back into old habits and reoffending. Opponents state that the legislation creates a “presumption of secrecy,” and that people have the right to know if their neighbors are convicted felons. Expungement, which is a judge-ordered “sealing” of public records, is not a complete remedy. Even defendants who successfully complete probation terms and have convictions expunged still have records that show up in background checks performed by private data companies. More information is available in the January 14, 2013 issue of Minnesota Lawyer (“Second chance bills spark debate in St. Paul” p. 1).

Regardless of its shortcomings, expungement is a useful tool in the criminal rehabilitation process. It can be used for contesting the denial of employment, housing, or professional licenses. We at the Ramsey County Law Library are proud to offer our criminal expungement clinic every second and fourth Thursday of the month from 1 to 4 PM in the Library. Attendees can pick up the necessary packet of forms on the 9th floor of the Courthouse.

 

Tipping the Scales in Housing Court

     The above-named editorial appeared in the Friday, November 30, 2012 issue of the New York Times. Author Matthew Desmond of Cambridge MA describes how easy he has found distinguishing the landlords from the tenants in eviction court, since 90 percent of the former are represented by attorneys and 90 percent of the latter are not.

     This difference in access to legal representation has major social consequences, for tenants with such access are much more likely to keep their homes. Desmond points out that residential instability is correlated to academic failure, material hardship, depression, and even suicide risk. These consequences loom ever larger in today’s economy where incomes have stagnated and housing costs have soared. Federal spending on low-income housing has dropped significantly.

     Desmond recalls observing how arbitrary and capricious landlords in the poorest neighborhoods of Milwaukee could be. Some tenants would be allowed to “slide” on missed rent payments, whereas retaliatory eviction might be the fate of a tenant reporting a housing problem. Outside “heavies” might be hired to evict families, or doors might be removed from units of tenants who hadn’t paid up. Naming such factors as broken toilets and visible pregnancies, Desmond explains that many eviction actions depend on details beyond the actual merits of the case. In these instances, having an advocate who understands the law can make a significant difference. Successful results for tenants can have community-wide impact, such as significant savings in shelter costs.

     We at the Ramsey County Law Library are proud to offer our Housing and Conciliation Court clinic every Tuesday from 1 to 4 PM in the Library. Attendees are urged to come early, and can speak with a lawyer for up to 30 minutes.

 

A question that often comes up at the Law Library is whether a worker is an employee or independent contractor.  Proper classification is essential in determining the tax and benefit responsibility of the employer.  If a worker is classified as an employee, the employer must withhold taxes, pay unemployment taxes and carry workers compensation insurance. 

The Minnesota Department of Revenue Fact Sheet does a good job of explaining the classifications, offers examples and provides contact information for determination requests.

 

With tax day just around the corner, now is a good time to visit us if you have any tax issues or research.  The law library has a number of resources to help with tax law, including:

  • Six computer terminals where you can print out tax forms and research Tax Court rulings and memoranda, regulations and receive practice tips from our newest online resource, CCH Tax Research Consultant.  This fantastic online resource is free to the public and not only offers tax law, rules and regulations, but also advice from practicing tax attorneys.
  • Nolo Press publications designed to assist laypeople.
  • Bloomberg/BNA Tax Management Portfolios , which are pamphlets that go into depth on specific tax topics.
  •  Continuing Legal Education publications:  Minnesota CLE published materials that accompany legal education courses, which address a full range of tax related issues
  • U.S Master Tax Guide:  A great resource for tax preparers.

For a more in depth record of our tax resources, make sure to review our Ramsey County Law Library Tax Resources Guide.

The Ramsey County Law Library is located on the 18th floor of the Ramsey County Courthouse.

Above image by Robert Cochrane
 

The Federal Reserve’s new credit card rules give consumers new protections.  Here are 9 changes that everyone should know. 

1.  The credit card company must tell you when it plans to change rates.

2.  The credit card company must tell you how long it will take to pay off your balance.

3.  Interest cannot be increased during the first year.

4.  Interest increases apply only to new charges.

5.  Over-the limit transactions are limited.

6.  Fees on cards cannot exceed 25 percent of initial card limit.

7.  New protections have been created for under-age consumers.

8.  New Standardized payment dates and times.

9.  Payments are now directed to highest interest balances first.

For more information, visit the Federal Reserve website.

 

5 Great Self-Help Resources

1.  The Ramsey County Law Library

A helpful staff, legal resources in every major area of law and a self help section dedicated to those representing themselves without an attorney, makes RCLL an important stop for the self help litigant.

2.   Housing and Conciliation Court Self Help Clinic

Free legal consultation from volunteer attorneys is available every Tuesday at the Ramsey Country Law Library for those with conciliation and housing court issues.  Sign up is at 12:30 on a first come, first serve basis.  See the Housing and Conciliation Court Self-Help Center brochure for more information.

3.  MN Courts Self-Help Website and Call-Center

The MN Courts Self-Help website has helpful information, guides, forms and videos on many common legal issues, including landlord-tenant, family law, civil actions, conciliation court, probate & wills and much more.  The video tutorials help guide you through the legal process.

If you still have questions about court forms, rules or the court process, phone the Call-Center at 651-259-3888.

4.   LawHelpMN. org

Find help to many legal questions.  One of the best features of this site is the live chat, which is designed to help you navigate the information dense site more efficiently.

http://www.lawhelpmn.org

5.  Minnesota Statutes

https://www.revisor.leg.state.mn.us/pubs/

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