Ramsey County Law Library Blog

A Legal Resource for Family Law – Tubman

On 06.17.13, In Self-Help Resources, By The Law Librarian

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

Rulings on Evidence…

On 06.12.13, In New Books, By The Law Librarian

Retired Judge Gordon Schumaker of the Minnesota Court of Appeals (and before that the 2nd Judicial District Court) is the author of a new easy-to-use evidentiary guidebook for attorneys and judges. Rulings on Evidence: An Evidentiary Manual for Minnesota Trial Judges and Judicial Officers (and Attorneys!) shows how to analyze certain evidentiary issues, and what factors to consider when either ruling on evidentiary issues or presenting them to the court. The Honorable Salvador Rosas of the Second Judicial District states that this book is “expertly written with clear explanations, helpful notes, citations and examples,” plus “clearly written by an experienced trial judge with appellate insight.” The Law Librarian observes that the book also includes the Minnesota Rules of Evidence for handy reference. In addition to the expected case and subject matter index in the back, there is an additional index of the Minnesota Rules of Evidence that gives corresponding pages of manual coverage for on-the-spot clarification.

In short, you wouldn’t want to be the judge or lawyer in a courtroom without a copy of this reference tool at hand. Check it out and see if you agree.

Some Technology Observations from LTN…

On 06.07.13, In Legal News, By The Law Librarian

The June issue of Law Technology News contained two articles that particularly caught my attention. The Test Drive section presented a “See Through Billing” review of Viewabill software from No Surprises Software. The company says its product is “designed to bring transparency to legal billing.” It works by allowing firm clients accessible views of all legal costs and entries entered up to date, instead of having to wait anxiously for the monthly bill. The dashboard interface of the product also presents a “pencils down” feature next to each matter, allowing the client to send a message to the billing partner instructing to stop all work on that matter. Viewabill software clearly puts new pressure on a firm and its staff to enter billable time on a frequent (i.e. daily) basis, and even though the task of billing time is certainly a headache for many, such frequency might be worth it to prevent costly and damaging billing “misunderstandings” with the client down the road. A more in-depth look at Viewabill software is available here.

Also presented is the article “How Not to Crash,” which describes the scenario of a trial team that forewent using an experienced trial technician to present their case, and instead conscripted a firm staff member to do it with a popular trial presentation program. The staff person (who probably had a few other jobs to do as part of trial prep) was not experienced in using this program, and was fumbling around early in the trial before she accidentally showed portions of the transcript the judge had excluded. She was soon surrounded by her irritated team who was demanding to know what she had done. Luckily for her, the opposing side recognized that this was a technical mistake and not some sneaky trial tactic, and the heat of the incident soon blew over. LTN uses this wince-inducing story to demonstrate how, in the absence of a true expert, a trial team might be better off using familiar old standbys like Adobe Acrobat and Microsoft Windows Media Player. Such basics also have the added benefit of being recognizable to modern jurors.

James C. Michael

On 06.03.13, In Judicial Portraits, By The Law Librarian

James C. Michael was born on March 19 1863 at Morgantown West Virginia. He grew from a “pioneer boyhood,” in that he attended a log school until he was 16 years old, and claimed he used to hunt squirrels with a “muzzle-loader.” He worked as a teacher prior to graduating from the University of West Virginia in 1883. He moved to Red Wing Minnesota in 1885 and practiced law there until he moved to St. Paul in 1889. In 1891 he married Jennie Crandall of Minneapolis. He served as Corporation Attorney of the St. Paul from 1903-191. He was appointed to the Ramsey County District Court in 1915 following the creation of an additional judgeship for the St. Paul area by the Legislature and Governor. Judge Michael served in this capacity the rest of his life.

Among the cases Judge Michael heard involved a state suit involving nearly $50,000,000 against the Great Northern and Northern Pacific railways for taxes allegedly due on stock of the Burlington Railway for which the two companies jointly held control. Judge Michael ruled the assessment illegal, which was later upheld by the Minnesota Supreme Court.

In 1921 the City Railway Company tried to instill a 7-cent street car fair, which was attacked as “having been decided without sufficient justification” in hearings before the State Railway and Warehouse Commission. Judge Michael sustained this conclusion, and was affirmed on appeal.

Judge Michael died on March 12, 1946 at age 83, thus ending his 31 year term on the bench.

Creative (Effective) Writing for Lawyers

On 05.21.13, In New Books, By The Law Librarian

Can you remember being taught as a law student that lush, detailed prose would have no role in your future writing tools as a lawyer? It may have seemed at the time that proper legal writing had to be short, dull and colorless.

Today’s lawyer may not seek to write a best-selling novel, but they still face increasing pressure “to produce compelling prose.” In his book Point Made: How to Write like the Nation’s Top Advocates (Oxford 2011), Ross Guberman states that time-strapped judges have little patience for “dry and boring,” and that effective legal writing must now “sell the sizzle.” Guberman also asserts that different facts and situations call for different creative writing approaches. To demonstrate both points, Guberman provides writing sample snippets from more than 50 legal writing experts. Through text taken from such well-known names as Frank Easterbrook, Barack Obama, John Roberts, Ken Starr, and Larry Tribe, Guberman demonstrates how these experts have crafted their own effective yet creative writing styles for different situations. Guberman concludes this book with 50 compact steps to writing the perfect brief.

The Law Librarian found Point Made a pleasure to review. Spot on with Guberman’s message, this book is a succinct yet compelling read in its own right.

‘Tis the Season to be Wed

On 05.15.13, In Legal News, Self-Help Resources, By The Law Librarian

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

On 05.13.13, In Legal News, New Books, Self-Help Resources, By The Law Librarian

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.

Gustavus Loevinger

On 05.06.13, In Judicial Portraits, By The Law Librarian

Gustavus Loevinger was born on March 4, 1881 in Ulm, Wurttemberg, Germany. His family immigrated to South Dakota in 1889, where he received his BA from Dakota Wesleyan University in 1903. He received his LLB from the University of Minnesota in 1906 and went to work as a law clerk in St. Paul the same year. He practiced law in the partnership of Heim & Loevinger from 1907 until 1931, when he was appointed to the Ramsey County District Court.

Judge Loevinger was loved by constituents and respected by the legal profession for his modern and progressive approach to the law. As a family court judge, he was against legal impediments to divorce and advocated that the realities of marriage be taught in schools. He also recommended that family court have a clinic to help users of the court system constructively resolve their domestic difficulties. He advocated a criminal probation system to put non-habitual offenders back on the right track in lieu of lengthy prison sentences, which he saw as an often-unnecessary taxpayer expense. He defended the criminal jury trial system at a time when it was under attack, stating that it was fundamental to the cause of liberty and justice, and that few criminal charges resulted in acquittal by juries. He also helped organize Minnesota’s Farmer-Labor Party, a predecessor of the Minnesota DFL party.

In a particular case he heard as a District Court Judge, Loevinger soundly rebuked University of Minnesota for its role in a ring that involved it buying nearly 500 stolen dogs. This, plus heavy sentences given to the “dognappers” got him an outpouring of fan mail from constituents. In another case he ordered more than $1,000,000 in refunds to St. Paul telephone customers. After the death of U.S. Supreme Court Justice Cardozo, roughly 200 local attorneys signed a petition urging appointment of Judge Loevinger to fill the vacancy, which stated that “[h]is fearless honesty, his love of his fellow men and his sympathy for the underprivileged and oppressed, his respect for individual rights and his profound knowledge of the law qualify him for the high position…” (The Judge was touched by the gesture, but asked the committee to withdraw its petition.)

Judge Loevinger served as a District Judge until 1955, and died on August 28, 1957.

(Judge Loevinger’s son, Lee Loevinger, became a chief of the Justice Department’s antitrust division under President John F. Kennedy. He was also a member of the Federal Communications Commission, and an associate justice on the Minnesota Supreme Court.)

The Law Librarian extends a special thanks to the St. Paul Public Library and its excellent collection of historical newspaper clippings.

The Law Library has on display judicial portraits of past Second Judicial District Court judges, going back to 1857. If you have any information or commentary about Judge Loevinger, please leave a response or send us an e-mail. To view the portraits in person, visit us on the 18th floor of the Ramsey County Courthouse.

Is the McNeely Decision a Storm Cloud on the Legal Horizon?

On 04.29.13, In Legal News, By The Law Librarian

Recently the United States Supreme Court startled the criminal law sphere with its decision in Missouri v. McNeely, wherein it ruled that collecting blood samples may require a search warrant depending on the circumstances. On the heels of this decision, The Court thus vacated DWI convictions in three cases (Brooks v. Minnesota), one of which was based on blood testing and the other two based on urine testing. Apparently, the fate of the convictions in the decision wasn’t due simply to their testing’s body-invasion factor, but something more.

As reported in the April 29, 2013 edition of Minnesota Lawyer, Brook’s attorney Jeffrey Sheridan asserts that the cases are about the role of the 4th Amendment in DWI investigations, not about expediting the investigations themselves. As a result, doubt has been cast on the role and validity of statutes like Minn. Stat. 169A.20 subd. 2, which makes it a crime to refuse blood, breath, or urine testing for in DWI investigations. Attorneys cited in the article forecast litigation storm activity on the horizon, particularly in the form of motions to suppress such test results. In contrast, prosecuting attorneys believe that the applicability of McNeely is narrow, indeed limited to scenarios involving nonconsensual testing. (Yet the Law Librarian is currently asking herself, how often would a person’s consent be based on knowing or supposing of the existence of a statute like 169A.20?) In light of this cloud of doubt, Minnesota Lawyer posts a couple of post-McNeely practice tips for both prosecutors and defense attorneys.

The Best Interests of a Child are Sometimes Up for Cultural Debate

On 04.22.13, In Legal News, New Books, By The Law Librarian

Earlier this year the New York Times reported on a case pending in the U.S. Supreme Court. In 1978 The Indian Child Welfare Act (ICWA) was passed to stop what had previously been the large-scale practice of separating Indian children from their parents and placing them in non-Indian homes. The Court is now considering whether the ICWA allows for a Cherokee father of a child to challenge the adoption of a child by its non-Indian biological mother. The father in this case had previuosly renounced his parental rights and refused financial support to the child. The child was then raised by the adoptive parents in South Carolina until she was 27 months old, at which point the biological father then challenged the adoption. South Carolina state law does not allow a father to challenge adoption proceedings once he has surrendered parental rights (the current law in 30 states). How this fits into the law of the requirements of the current ICWA is now being examined by the Court. You can read about the story here and here.

The Ramsey County Law Library has recently added two books relevant to this subject. First, The Indian Child Welfare Act Handbook is a comprehensive source to assist lawyers and other professionals involved with the interests of Indian children. Case law addressing the correct application of the ICWA has burgeoned tremendously in recent years. Despite increasing discrepancies in court rulings, Congress has not amended or clarified the law despite several proposed bills to do so. Yet both federal and state laws and their application have changed the legal landscape in the areas of child welfare practices and child custody proceedings involving Indian children. The Handbook examines these developments and also incorporates over 500 court decisions released since the original was published in 1995.

Also, The Rights of Indians and Tribes has been the go-to resource for Federal Indian Law since it was first published in 1983. With its user-friendly question-and-answer format, the book addresses legal issues facing Indians and Indian tribes today, including tribal sovereignty, the federal trust responsibility, the regulation of non-Indians on reservations, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the ICWA. This book is a useful tool for tribal advocates, government officials, students, practitioners of Indian law, as well as the general public.