…The 1862 hanging of 38 Dakota men in Mankato MN following the U.S.-Dakota War. This war is a piece of history that was largely forgotten in the shadows of the Civil War (1861-1865). Its causes were complex, but besides the huge wave of new white settlers moving into Minnesota at this time, it was largely the result of broken treaties and promises. In 1858 the tribe entered into a set of treaties with the U.S. government which resulted in the Dakota losing most of their best hunting grounds. It also resulted in the Dakota becoming dependent upon the government for agreed-upon “annuity” payments of food and money. By 1862 the scheduled annuity had not been paid, and the Dakota were likely growing concerned that the Civil War had depleted the federal government of resources otherwise available to make the contracted payment. Besides feeling taken advantage of, the Dakota were also feeling crowded by growing number of settlers encroaching upon their remaining land, and were upset that government agents were failing to protect them as they felt they should. Some have theorized that as the Dakota were becoming aware of the growing north-south conflict of the federal government against the southern states, the most agitated of the tribe believed that the time was ripe to wage their own armed cause. The result was an attack on white settlements in the Minnesota River Valley, escalating into warfare that left nearly a thousand people dead. The federal government concluded this conflict by removing the entire tribe from the state of Minnesota, and publicly hanging 38 Dakota men in the town square of Mankato, a spectacle that was attended by thousands. You can read more about this event at MPR . In addition, a powerful documentary about a group horseback trek to undertaken in memory of this event is available for viewing on YouTube.

Minnesota is not currently associated hangings or executions, with capital punishment having been stricken from its books in 1911. Yet there was a time in Minnesota history that hangings and executions were not only front-page news, but public expositions garnering mass attendance. This is one point behind John D. Bessler’s Legacy of Violence: Lynch Mobs and Executions in Minnesota. In addition to the mass hanging described above, Bessler details Minnesota’s most controversial and attention-grabbing executions.

 

In the Neighborhood…

        Much construction activity is taking place in the neighborhood of the Ramsey County Courthouse. Today’s Pioneer Press reports that the former Lowry Hotel (directly across 4th Street) is undergoing renovation to become the new home of the Ramsey County Attorney’s Office. The renovated property is also expected to house a bar and restaurant, as well as a rooftop dining option. Apartments, including student housing for the McNally Smith College of Music are also part of the plan. Only the administrative officers and criminal division employees for Ramsey County currently remain at the former West Publishing Building across Kellogg Blvd. Most county employees already have already moved from the West property to the Metro Square Building, and another 125 are expected to move to the renovated Lowry Hotel property. The article can be read here.

From the wide views of the Law Library’s 18th floor windows, an excavation project across the river has aroused some curiosity. Much construction-related digging can be seen past the Wabasha St. Bridge at about Water Street. A look at the St. Paul Permits Online database doesn’t readily reveal what is going on here, but St. Paul Zoning Inspector Tom Beach stated over the phone that this was the beginning activity of the West Side Flats. More about the West Side Flats project can be read at this Pioneer Press article.

 

The December 3, 2012 issue of the National Law Journal contains the front–page feature “A possible head start for law students” wherein a proposal backed by all three Arizona law schools would allow third-year law students to sit for the February bar exam before their graduation. The Arizona Supreme Court was scheduled to begin hearing this proposal on December 5, 2012. The result would ideally be less debt taken on by such students, and greater employment eligibility since employers often require bar admission before candidates being considered for jobs. Not everyone agrees with the proposal, citing fears that third year of law school could be turned into “a bar prep class.” Students would also have to squeeze larger course loads into their first two years of school, of course.

But is less time (and money) spent in law school ultimately a good idea? Would it work in Minnesota?
The entire article can be read here.

 

Are you a solo practitioner facing down the busy holiday season with its additional demands to your already-packed schedule? Are you starting to think that you could use some extra help around your office? Even solo practitioners who have always cherished their “lone wolf” status can come to the realization that it is time to expand their practice to include an employee or two. Dan Heilman writes about this process in the December 3, 2012 issue of Minnesota Lawyer (“Solo Practice: Now Hiring”).

So when does a solo attorney know that this moment-of-truth has hit them? Typically it is when he or she realizes that they cannot bring in any more revenue because their “plate is full”, i.e. administrative tasks cutting into billable time. It can also hit when an attorney realizes that despite being able to bill many tasks, they could bill more per hour for the more demanding aspects of the practice, and charge a smaller billable hourly fee for simpler tasks that could easily be delegated to someone else.

For this reason, Heilman warns against simply assuming that “I just need a secretary.” A close look at your practice and the major drains on your time might show that you do indeed need someone to handle administrative tasks, in which case an administrative assistant would best serve your needs. Are you being buried with file management and case prep? Perhaps a paralegal could best take these tasks off your plate. Do you spend much time doing research and traveling to routine court appearances? It might be time to take on an associate. (The latter two, of course, would generate their own billable hours at a rate lower than yours.) The end result of your new hire would ideally be more time for you to network your business and to bill for your special expertise.

Some practitioners might believe that hiring an extra person is beyond their financial means, but Heilman also points out that you may not have to pay an employee typical market rates if you can offer them a flexible schedule in return. Indeed, many experienced and highly skilled legal professionals find themselves seeking flexible gigs that combine well with family commitments, school, or another job. Others may simply be burnt out with the “big law” scene, and desire a more intimate work environment closer to home. Not certain about your caseload or business future over the long term? Legal staffing agencies can help you find someone for contract employment. It is true that these agencies charge a placement fee for direct hire placements, but they might be worth the savings in time and effort that posting a job notice and going through resumes entails.

…Or to consider it another way, you could make someone’s holiday a very special one this year by offering them the perfect employment opportunity!

 

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.

 

Many lawyers rely on referrals for getting their best clients.  The focus of this book is provided guidelines for building relationships with referral sources, getting and managing new referrals, developing networking skills and turning acquaintances into clients.  Completion of this book will allow any lawyer to develop an effective referral strategy.

This book can be viewed at the Ramsey County Law Library.  Come visit us on the 18th floor of the Ramsey County Courthouse.

 

Judicial Portraits: James J. Egan

James J. Egan was born in September 1842 in Ireland, and immigrated to the United States with his parents at the age of six.  He moved to Minnesota in 1857.

Egan served in the Minnesota-Dakota War of 1862 and published an autobiographical account describing the Thaoyateduta seige near the end of the war. 

Egan resided in Duluth from 1869-77, before moving to Saint Paul, where he served as Ramsey County Attorney for 11 years.  The dates of this service are not clear, however it is known that he served the Minnesota House from 1869-75, which covers his time in Duluth. 

As a Judge, Egan played a prominent role in the “coal combine” investigation of 1893.  Receiving national press, these investigations resulted in the 1893 interstate antitrust conference organized by Minnesota Governor Knute Nelson.  After an investigation of price fixing by the Bureau of Coal Statistics, the legislature seized the organization’s account books.  The “Bureau” filed a $50,000 suit in District Court, claiming damages and theft of property.  Judge Egan heard the case and was accused of siding with coal trusts for holding House Seargent-at Arms Basil Smout in contempt for failing to surrender the account books to the Bureau.

Richard A. Walsh (also a 2nd Judicial District judge) was involved due to his membership on the Joint Legislative Coal Investigation Committee.  While being held in the courtroom by Judge Egan, Basil phones Rep. Walsh and tells him to get the books from the Treasurers’s office before the Ramsey County Sheriff, dispatched by Egan, gets there.  In a race for the books, Walsh gets the books before the sheriff.  The legislature backs Walsh and threatens not only to impeach Judge Egan, but cut off the salaries of all District Court Judges in Minnesota. 

That is all the information we have on the coal investigations.  If you have any information or helpful resources, please leave a comment or contact us at AskLawLibrarian@co.ramsey.mn.us

 

Judicial Candidate Information

The Minnesota State Bar Association asked candidates from the three contested statewide judicial races to answer a questionnaire, and has provided their responses.  The responses can be viewed at http://mnjudges.org/.

 

Supreme Court Upholds Entire Health Care Law

Today the Supreme Court issued a ruling upholding the Affordable Care Act. The Supreme Court’s 5-4 ruling can be viewed on the Court webpage.

CNN is liveblogging reactions from major players of both parties.

 

Join us for the free CLE, For Your Peace of Mind: No Cost Legal Research/Net Security Tips, on Thursday, May 31 at 3:30 p.m.  The program will give a concise review of Fastcase, which is free with an MSBA membership, and Google Scholar.  It will also highlight tips for securing your computer and online communications from various online threats.

We will be giving a tour of the Law Library at 3:00 p.m., so make sure to arrive early.

For more information and how to register see the brochure.