Ramsey County Law Library Blog

Charles E. Otis

On 04.17.13, In Judicial Portraits, By The Law Librarian

Charles Eugene Otis was born May 11, 1846 near Kalamazoo Michigan. He received his BA from the University of Michigan in 1869. He taught school for a time, and was Superintendent of Schools in La Porte, IN from 1869-1871. Charles Otis married Elzabeth Noyes Ransom of Kalamazoo in 1874.

He came to St. Paul in 1871 to work in the law firm of his brother George Otis. He was admitted to the MN bar in 1875. When George died in 1883, Charles formed a new partnership with his brother Arthur. He was appointed to the Ramsey County District Court in 1889 following the death of Judge Levi Vilas. He served two terms, leaving the bench in 1903. He thereafter resumed private practice with his son, James C. Otis.

Judge Otis served on the St. Public Library Board from 1896-1899. He also served on the St. Paul City Council, where he was instrumental in bringing the Minnesota State Fair to St. Paul. It should also be noted that he was the great uncle to a prominent American historical figure. His brother, Alfred G. Otis, was a U.S. District Court Judge in Kansas. Alfred raised his granddaughter in Atchison Kansas, who grew to be the aviator, Amelia Earhart. Judge Otis died on November 8, 1917. He left behind son James C. Otis and daughter Maribel R. Otis. No obituary is available for him and his burial place is unknown.

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 Otis, 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.

Do you know who your CLIENTS are?

On 04.10.13, In Legal News, By The Law Librarian

The front page article in the most recent issue of Minnesota Lawyer tells the shocking account of a Rochester law firm who received an email from a woman seeking legal help with collecting on a promissory note she had. The firm agreed to take the case upon receipt of a $5000 retainer fee from the woman. The woman complied, and three days later a check for $110,000 from a third person and payable to the firm arrived in the mail. The firm deposited the check, and the woman asked for the money. The firm wired the money to her per her request to a bank in Japan. When the firm received another email from the woman identical to her first request for help, it suspected something was amiss. It was soon confirmed that the large check and the retainer check were both counterfeit. The details of the story are numerous – read the story here.

Unfortunately, numerous law firms in Minnesota have been victims of such check scams, according to the Minnesota Office of Lawyers Professional Responsibility (OLPR). Adding insult to injury, some victimized lawyers have been privately disciplined as well. What advice does Martin Cole from the OLPR have for lawyers not wanting to get burned this way? “If you wait until the check has cleared, you don’t have anything to worry about.” Probably good advice, considering that these scammers typically depend on speed to carry out their heists.

Pro Bono Opportunity

On 04.05.13, In Self-Help Resources, Solo & Small Firm Resources & Tips, By The Law Librarian

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.

Do you know who your “friends” are?

On 04.03.13, In Solo & Small Firm Resources & Tips, By The Law Librarian

Having recently been “friended” by my teenage niece on Facebook, I had the chance to see what she was up to and who else her “friends” were (close to 200 of them). But when I tried to play a video link on her page, my McAfee lit up like the Fourth of July. I did not personally know the “friend” who left this loaded link on her page, and I’m not sure she did either.

Whereas a teenage girl’s overblown “friending” might be excusable, careless or unethical friending by legal professionals is not so forgivable. As reported by Julie E. Bennett in this week’s Minnesota Lawyer, social networking is useful (perhaps necessary) for today’s practitioner, but also loaded with potential ethical hazards. It may be tempting to “friend” an opposing party or witness for purposes of viewing their otherwise publicly unavailable social networking page for relevant information. This kind of “friending” may run counter to MRPC Rule 4.2, which forbids a lawyer communications regarding the subject of representation with a person who is known to be represented by another lawyer without that lawyer’s consent. “Friending” an unrepresented party could also violate MRPC Rule 4.3, which requires a lawyer to clearly indicate their role and partiality in the communication. Using a fictitious identity or an employee to gain access to a social networking page for such purposes also violates MRPC Rules, and possibly criminal statutes as well.

…Looking at it from the other direction, safe and prudent practice would require a lawyer to be hyper-cautious of any social networking “friend” requests they might receive, and should warn clients (both potential and retained) to likewise be cautious.

Billable Hours – The Tyranny

On 03.29.13, In Legal News, By The Law Librarian

Today’s edition of the New York Times posts an editorial from Steven J. Harper, a former partner at Kirkland & Ellis. Harper describes the overbearing billable hour regime and its resulting law firm culture, referring to it as a “leveraged pyramid” that serves primarily to bring wealth to a firm’s equity partners.

The numbers are well-known to all legal professionals: An associate at a large firm is typically required to bill 1900 hours per year. For this effort, an associate will typically be paid one-fourth of the amount that these hours generate from the clients, if not less. Harper estimates that it takes 50 hours a week to generate an “honest” 40 hours a week to the client. Working evenings and weekends is inevitable, with the resulting “more is better” culture pushing everyone to do ever more. Partners logically strive to maximize individual client billings for their departments. They may try to do much of the work themselves, as their own client billings can make them attractive to other firms.

Clients don’t always get their money’s worth, as overwork fatigue can lead to erosion in work product quality. Even though clients occasionally rebel, alternative fee arrangements remain rare. Billing scandals aren’t unknown, however. A former Arkansas Supreme Court justice went to prison for billing clients for time not worked. A prominent Chicago law partner got into trouble when he couldn’t prove how he billed 6000 hours a year over four consecutive years. In spite of all this, Harper doesn’t expect the entrenched culture of billable hours to go away anytime soon…

Mr. Harper is also the author of The Lawyer Bubble: A Profession in Crisis.

Edward C. Palmer

On 03.25.13, In Judicial Portraits, By The Law Librarian

Edward C. Palmer was born around 1825 in Vermont. He came to St. Paul in 1854 and formed the law partership Hale & Palmer with someone known as “Judge Hale.” (St. Paul Daily Globe)

Palmer served as attorney for the Sioux City Railroad and the First National Bank. He also served as lieutenant in the Pioneer Guards (precursor to the Minnesota National Guard). He served on St. Paul’s first Board of Education in 1856, at which time the board had “neither funds nor buildings within their possession.” The Board organized construction of St. Paul’s first three schoolhouses, Washington, Adams, and Jefferson.” (History of Ramsey County and the City of Saint Paul)

Palmer was elected State Judge of the District Court in the first state elections held in 1857. (History of Ramsey County and the City of St. Paul). During his term, Judge Palmer presided over the trial which lead to Minnesota’s first execution of a white person (and only woman to date), Ann Bilansky, who was convicted of murdering her husband. (Legacy of Violence: Lynch Mobs and Executions in Minnesota). Judge Palmer also presided over the trial testing the constitutionality of the 1862 Minnesota “Rebellion Act,” which suspended “…the [p]rivilege of all persons aiding the rebellion against the United States, of prosecuting and defending actions and judicial proceedings” in Minnesota. The Judge held that the Act only temporarily suspended the right and did not take it away permanently. Further, Judge Palmer held that the unstable situation among the states at the time justified an act whose purpose was to suppress the rebellion threat. (Minnesota History, March 1956) Judge Palmer remained the sole District Court judge until succeeded by Westcott Wilkin in 1864. (History of Ramsey County and the City of St. Paul).

Judge Palmer is credited with preparing the Revised Statutes. He was married three times and died on March 10, 1888, in Jacksonville Florida. (St. Paul Daily Globe)

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 Orr, 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.

Fifty years after Gideon v. Wainright, a constitutional right deteriorates…

On 03.18.13, In Legal News, New Books, By The Law Librarian

TODAY is the 50th anniversary of the U.S. Supreme Court decision in the case of Gideon v. Wainright, the case holding that criminal defendants facing significant jail time have the constitutional right to legal representation. This is the tenant that our modern system of providing public defenders to indigent suspects is based upon. Unfortunately, the modern reality of overbearing public defender case loads (due in part to the “war on drugs”) has eroded this right and the constitutional foundation under it. This impending anniversary was the impetus behind just-released book Chasing Gideon: The Elusive Quest for Poor People’s Justice by Karen Houppert.

The book asks whether true justice means that “we will pay lip service to the notion that everyone has a lawyer to represent them in court?” or simply that “we will provide a warm body in a suit and tie to stand next to the defendant?” (Intro p. x-xi) It scrutinizes the heartbreaking facts behind several public defender-represented defendants, whose “guilt” was rather questionable at best. It also looks at the exhausting efforts made by the public defenders in defending these cases. Typically, “inadequate funding and troublesome limits on indigent counsel have made the promise of effective assistance of counsel more myth than fact, more illusion than substance.” (p. 48)

One public defender was used to the plea bargaining ritual that regularly took place between her department and the prosecutors, but then noticed that the “reasonable” offers started disappearing. It turned out that the department numbers had shifted so that there were 38 prosecutors to 17 public defenders (upon which 80% of criminal defendants relied), thus skewing the previous bargaining positions. Similarly, Houppert tells how “…public defender systems regularly hemorrhage attorneys who left in a blaze of fury or slowly simmered with resentment until they burn out after a few years.” (p. 250) Finally, the book makes the provocative suggestion that ”…while there are many contributing factors leading to increased incarceration, underfunding of public defender offices may be one of these.” (p. 236)

This page-turning read is most appropriate for Gideon’s anniversary, and available for checkout at our library. See also this feature article in today’s New Yor Times, which considers Gideon not only in its original criminal context, but also what it holds (or doesn’t hold) in the civil context.

The Struggle of Some Lawyers to Pass (up) the Bar

On 03.13.13, In Legal News, Solo & Small Firm Resources & Tips, By The Law Librarian

Watching recent local news stories of lawyers under ethical scrutiny often reveals a common thread: These individuals are often trying to manage a law practice alongside a substance or behavioral problem. The library recently acquired Michael J. Burke’s Never Enough: One Lawyer’s True Story of How He Gambled His Career Away. Burke tells in brief, to-the-point language how he managed to drink his way through law school and finally get a grip on his alcohol problem, only to take up compulsive gambling as a new outlet for his addictions. Burke describes losing millions of dollars of client trust account funds, including $600,000 in his last two months of gambling before ultimately being convicted and disbarred. The book provides an interesting look of what exactly happened to him following his conviction, all the way to the correctional facility, and his orientation therein and thereafter. It is a fast read, since Burke knows firsthand how precious time is in your busy professional schedule.

Burke provides contact information for lawyer assistance programs in all fifty states, including Minnesota’s Lawyers Concerned for Lawyers. This organization offers help to lawyers, judges, and law students affected by addictions, mental illness, stress problems, or “any condition which negatively affects the quality of one’s life at work or at home.” Eligible participants may receive up to 4 counseling sessions at no charge through their counseling affiliate.

Sometimes it CAN become rocket (forensic) science…

On 03.06.13, In Legal News, By The Law Librarian

Troubles continue with the St. Paul Crime Lab, as the police union criticizes the Police Department’s plan to hire a civilian forensic manager for the facility, namely one with a greater scientific background. According the Pioneer Press, The St. Paul Police Federation attorney stated in a letter that “that the use of non-union personnel to do work previously and historically performed by members of its bargaining unit… [is]…subject to mandatory bargaining.” Police Chief Thomas Smith justified the hiring action on grounds that the City of St. Paul simply created the new job classification based on independent consultant recommendations, thus violating no existing contract. More can be read about this here.

Not all forensic scientific evidence for legal purposes gets processed through a traditional crime lab, per se, because such evidence goes much further than just fingerprints or blood spatters. It also includes such evidence as bite marks, voice recognition, polygraph readings, and so much more. How these various scientific tools fit into the framework of laws and the constitution is not always simple or clear, however. In 2009, The National Academy of Sciences released their report, Strengthening Forensic Science in the United States: A Path Forward. The report criticized the forensic science profession for failing to establish valid procedures and accurate results as was needed by the courts system. Professors Paul C. Giannelli and Edward J. Imwinkelried (et al.) responded with the 2012 release of Scientific Evidence (5th Ed.), published by LexisNexis. The Professors expressed their hope “that this edition will help the bar and bench conduct that scrutiny.”

The St. Paul Crime Lab fiasco is but one reason why the modern legal professional must be aware of the latest scientific techniques as they serve to demonstrate or disprove connections between evidence and individuals. Indeed, this two-volume set of over 30 clearly-written chapters analyzes numerous cutting-edge scientific techniques. It also provides extensive citations to the latest case law and statutory authority for spot-on legal research and analysis of these corners of forensic science.

Stop into the Law Library if you would like to look at this impressive set.

Howard Wheeler

On 02.28.13, In Judicial Portraits, By The Law Librarian

Howard Wheeler was born in St. Paul on December 11, 1873 to James Wheeler and Joan Roberts Wheeler, both natives of Ireland. He graduated from the University of Minnesota, College of Law in 1895. He then entered into private practice in St. Paul. In 1903, he married Anne Long, of Toronto. To them were born three children.

In 1900 he was elected to the City Council of St. Paul, where served four years. He served for three years on the St. Paul Library Board. In January, 1922, he was appointed Judge of the Ramsey County Probate Court. Upon the retirement of Judge Grier M. Orr in 1930, Judge Wheeler was appointed to fill the vacancy on the Ramsey County District Court.

On September 5, 1931, Judge Wheeler was playing a round golf while on vacation in Kenora, Ontario. He suddenly suffered a heart attack and died shortly thereafter. He was only 54 years old. (Pioneer Press obituary)

Even though his time on the bench was short, one of the notable cases tried by Judge Wheeler was the case of State vs. Quinn, otherwise known as the Green Lantern Cafe case. This was a murder trial resulting from a shooting death that took place behind the notorious Green Lantern Cafe, which was located at Tenth St. and Wabasha in downtown St. Paul. More details about this trial are available here.