Modern litigation practice inevitably requires a certain familiarity with the mediation process. After all, the expensive nature of litigation will naturally push most cases toward settlement, in which cases a mediation session might turn out to be your client’s only “day in court”. Yet its informal nature can leave both the practitioner and the client at loss for needed structure and direction for the process.

Published this year by the American Bar Association, here comes Representing Clients in Mediation: A Guide to Optimal Results Based on Insights from Counsel, Mediators and Program Administrators by Spencer Punnett. This book is composed of concise step-by-step instructions and advice on every stage of the mediation, from selecting a mediator to closing the deal. Punnett also liberally peppers his work with “sidebars” – entertaining tips and quips from mediators, lawyers, and law professors alike. The final product is a valuable research-based tool which can help practicing litigators optimize their results, or simply inform laypeople about the mediation process.

More information about this book is available here.

 

Much media attention has been given to the credibility crisis of the St. Paul Crime Lab in the past year. The front page of the February 15 issue of the St. Paul Pioneer Press now states that an independent consultant’s review of 100 cases involving tests by the St. Paul Crime Lab revealed errors in most of them, throwing thousands of convictions into doubt.

Minnesota public defenders have been quick to investigate this alarming issue, identifying over 13,000 convictions of the last decade that involved evidence tested at the lab. State Public Defender John Stuart said that public defenders are also prioritizing these cases for possible post-conviction relief, starting with those still behind bars and those whose lives have been marred by their convictions. But the improper work of the Lab also affects prosecutors. Re-tests of lab specimens by the Minnesota Bureau of Criminal Apprehension revealed at least two false negatives, plus the St. Paul Crime Lab failed to identify large numbers of fingerprints as suitable for criminal identification purposes. Corrective action has included a 25% budget increase by the City for the lab, as well as bringing in more advanced forensic experts.

The St. Paul Crime Lab tested samples that were used by district courts of Ramsey, Washington, and Dakota Counties, but lab testing crises like this are not unique to Minnesota. Similar quality concerns regarding crime labs have arisen in other parts of the country in recent years, including Boston, Seattle, North Carolina, and Los Angeles.

The entire article can be read here.

 

Frederick N. Dickson

Frederick N. Dickson was born in Northfield MN on May 15, 1863, to John and Mary Dickson, originally from Ontario. He graduated from Carleton College in 1885, and married Alice Strong of Chicago in 1899. Following his graduation from Carleton, Dickson moved to St. Paul to “study law” in the offices of J.W. Lusk and C.W. Bunn, then later in the office of General John B. and Judge Walter H. Sanborn. He was formally admitted to the bar in 1887 and entered into private practice with Stan J. Donnelley. In 1901 he was appointed Assistant US Attorney, serving one year. He also served as Assistant Attorney General of MN under Attorney General Donahower. Dickson served as chairman of the St. Paul Republican Committee, and thus managed the campaign of his partner Herbert B. Keller who was then elected Mayor of St. Paul. Mayor Keller then appointed Dickson to the Board of Police Commissioners, wherein he served until he was appointed to the Ramsey County District Court bench in 1911.

According to his obituary, Judge Dickson was famed for his “Rulings that Made Law.” In one, he ruled that a tenant didn’t have to pay rent because the building had no fire escape as required by law, which was ultimately upheld by the Minnesota Supreme Court. In another he ruled that it was not unlawful for members of a labor union to agree among themselves that they would not work for a building contractor during a controversy. Even though these decisions allowed Dickson to be known as the “People’s Judge,” he left the bench in 1921 due to what he considered to be an insufficient salary. That same year he joined the practice of Moore, Oppenheimer & Peterson following Moore’s death. (The firm was later to be joined by Stan D Donnelly, son of Dickson’s first law partner, which was presumably part of its evolution into the present day firm of Oppenheimer, Wolff & Donnelly LLP.)

Frederick Dickson died in St. Paul on July 9, 1941 at age 78, three weeks after suffering a stroke.

 

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.

 

Pro bono service might be easily marginalized as the morally benevolent, feel-good side of one’s legal practice. But according to Nelson Miller’s Building Your Practice with Pro Bono for Lawyers, pro bono work has unique financial and career benefits that are often overlooked. In these pages, Miller describes how pro bono work can help expand both a lawyer’s skills set and professional reputation. Since a successful law practice also depends on networks and communities, pro bono work becomes a valuable tool for practice development. Miller writes, “In the end you should find yourself busier with paying clients because of your pro bono practice.” (p. 9) The book describes numerous pro bono opportunities in detail, including services to veterans, prisoners, immigrants, needy children, the homeless, and people with disabilities. Each chapter concludes with an emotionally resonant story of pro bono work in action.

 

Kenneth Gray Brill


Judge Kenneth Gray Brill was a loyal St. Paul man from beginning to end. He was born in St. Paul, MN on June 17, 1883 to Judge Hascal R. and Cora G. Brill. He graduated from St. Paul Central High School in 1903. He attended the University of Minnesota, and graduated from the St. Paul College of Law in 1907. He married Laura Cook (a St. Paul girl) in 1909. He worked in the St. Paul city attorney’s office handling damage claims against the city from 1909-1913. He then joined the St. Paul firm of Otis & Otis with Alf Boyeson in 1913, the new partnership being named Boyeson, Otis & Brill. Roland J. Faricy joined the firm on January 1, 1924, and the firm became Boyeson, Otis, Brill & Faricy. (The firm was located in St. Paul’s historic Endicott Building.) Brill left the firm in 1929 when he was appointed to the Ramsey County District Court bench. (The firm then became Boyeson Otis & Faricy, which was its name in the 1930’s when joined by future Chief Justice of the U.S. Supreme Court, Warren Burger.)

Judge Brill served in many local organizations. He was president of the Ramsey County Bar Association from 1927-1928, president of the Minnesota State District Judges’ Association from 1943-1944, as well as president of the Minnesota Historical Society for six years. He also belonged to the Sons of the American Revolution, Summit Lodge 163, and was a life member of the St. Paul Area Council of Boy Scouts.

Judge Brill’s service on the bench continued until his death in February of 1954. According to his obituary, he was taking the bus home from the Courthouse one Saturday when he suffered a heart attack. He died a few days later at Miller Hospital (which was later razed and is now the location of the present Minnesota Historical Society). Courts were closed for his funeral, with his surviving bench members attending together, and members of the Minnesota Bar Association serving as his honorary pallbearers.

 

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.

 

Grier Melancthon Orr


Judge Grier Melancthon Orr was born in 1856 at Pike Furnace in Clarion County, Pennsylvania. He graduated from Heidelberg College in Tiffin, OH and was a school teacher there for a time. He also received his legal education and began his law practice in Ohio.
Orr moved to St Paul in 1884, where he practiced for 9 years. During this time he married Etta White of Rochester, MN. He served as a Municipal Court Judge from 1894 – 1902. In 1903 he became a Ramsey County District Court judge. He was nationally known in this position for his work in juvenile and family law. Even at a time when divorce was rare, Judge Orr oversaw more than 3000 divorce cases from 1903 – 1930. He advocated marriage law reforms, and validated the Minnesota Inheritance Tax in 1905.

Judge Orr presided over the first session of the Ramsey County Juvenile Court on June 1, 1905. His priorities for Juvenile court included helping families “to avoid publicity and to protect children and parents from a public knowledge of their misfortunes of life.” He was also instrumental in the establishment of Ramsey County Detention Homes for both boys and girls. Due to his combined work experience, “[h]e brought to the juvenile bench a humanistic background of several years as a schoolteacher, eight years as a municipal court judge, and a number of years as experiences on the district court bench.” The goal of Juvenile Court was remove wayward youth from the court system and to find appropriate rehabilitative services for them.

At his retirement in 1930, Judge Orr stated with justifiable satisfaction: “The faith and confidence of the citizens of Ramsey County in the administration of the Juvenile Court is manifest in the fact that not one jury case has ever been tried, up to this date, in the Juvenile Court.” Individualized Justice P. 11
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.

 

Passing the Hat for Public Defense

       According to the January 7, 2013 issue of The Minnesota Lawyer, the new legislative session will feature the fight to fund public defense in Minnesota (“PD board withdraws funding request” p. 1). Public defenders in Minnesota have typically been funded by earmarks from attorney registration fees. But the State Board of Public Defense recently withdrew its request to the Minnesota Supreme Court for a continuation of a $75 fee increase after the Minnesota State Bar Association (MSBA) removed its support for this petition. The MSBA had supported this fee increase in the past.

       These earmarks previously generated about $1.9 million per year, and paid for 23 additional staff positions. Public defenders were hoping to use the money from this year’s fee increase to start an electronic case management system. Yet many bar members objected to attorneys being forced to pay for what is they see as the state’s responsibility to provide for a constitutional right. At the same time, public defenders don’t like being at the mercy of the Legislature, where they have not fared well in recent years. It remains to be seen if the upcoming legislative session will have a different outcome.

 

Memories of Napster and More

       Taking the reader on a very special journey via legal time machine, Music & Copyright in America provides a practical overview of the history of the music industry. In addition to providing needed perspective, context, and clarity amidst the chaos and challenges of today’s music business, Author Kevin Parks offers insights into where the music industry may travel next. Parks also explains the fundamentals of music copyright for both songs and recordings, and describes how these assets fit into different licensing schemes that form the modern music industry.