Minnesota Legislature
The clock is ticking. But, as the week begins, there are few visible signs of movement.
Minnesota lawmakers, operating quietly and out of public view in various “working groups,” continue their negotiations to hammer budget-and-policy bills into shape before the fiscal year ends June 30.
Failing that, there will be a government shutdown. And this time, courts are unlikely to step in and keep government agencies partially funded by court order.
A spreadsheet detailing a public safety/judiciary omnibus agreement still has not been posted. But top-line budget targets have been in place for weeks now, so it seems clear that the real arguments must be about policy, not spending.
One of the primary sticking points is police reform. Democrats with constituents stinging from the deaths of George Floyd and others in police custody, insist on it. They have proposed dozens of police reforms, including no-knock warrants limits and an end to traffic stops for unpaid license tabs.
Senate Majority Leader Paul Gazelka, R-East Gull Lake, who expresses greater interest in curbing Twin Cities violent crime than in new police policies, says his chamber won’t abide by any “anti-police” legislation. But he also says some areas of agreement could be reached. House Speaker Melissa Hortman, DFL-Brooklyn Park, told the StarTribune’s editorial page Saturday that “we're starting to reach common ground on some items.”
So there is reason to anticipate movement in the coming days.
Yet there are other sticking points, too, including the governor’s ongoing emergency powers, new GOP-opposed state clean-air emission standards and school vouchers.
But there have been several areas of concord, too. Spreadsheets in three budget divisions (commerce, high education and Legacy Amendment funding) were posted last week. As a result, a few workgroups plan this week to walk through their agreements publicly, in online hearings. They include:
Commerce Finance and Policy, Wednesday, June 9, 8 a.m.
Sen. Gary Dahms, R-Redwood Falls, will hold the gavel for this meeting, where committee staff will run through agreed-upon language for the Commerce & Energy omnibus bill, Senate File 972. No testimony will be taken and no votes cast.
Higher Education Finance and Policy, Wednesday, June 9, 2 a.m.
Rep. Connie Bernardy, DFL-New Brighton, holds the gavel for this meeting. Her work group will discuss Senate File 975, the higher-ed omnibus bill. The bill’s compromise language hadn’t been posted at the time of this writing, but the conference agreement spreadsheet was released and is available.
Minnesota Judiciary
The Supreme Court is considering cases only on a non-oral basis Tuesday. But on Wednesday, a case of major importance is being heard. The Court of Appeals, meanwhile, has a busy docket this week.
Supreme Court
June 9
State v. Noor (A19-1089)
Former Minneapolis Police Officer Mohamed Noor was convicted of third-degree of depraved-mind murder under Minn. Stat. § 609.195(a), in the shooting death of Justine Ruszczyk. On appeal, he argues that his Hennepin County conviction can’t be sustained, because the act that led to Ruszczyk’s death was directed at a particular person. Third-degree murder convictions traditionally involve reckless disregard for the safety of multiple people.
A divided Court of Appeals affirmed in February, ruling the statute doesn’t require that multiple people be placed in jeopardy; Judge Matthew E. Johnson dissented. The issues on appeal Wednesday before the Supreme Court are:
Whether Noor’s conviction for depraved-mind murder can be sustained even though the death-causing act was directed at a particular person.
Whether there is sufficient evidence that Noor acted with a “depraved mind, without regard for human life,” under the statute.
Supreme Court oral arguments begin at 9 a.m. Livestream links are posted just before they start, at https://www.mncourts.gov/SupremeCourt.aspx.
The court’s latest rulings are due Wednesday morning at 10 a.m. The court issued no new rulings last week.
Court of Appeals
June 8
Judicial panel: Judges Peter M. Reyes, Jr. (presiding), Michelle A. Larkin and Louise Dovre Bjorkman
9:30 a.m.: S’Emaj Avyiair Okongwu v. State (A20-1443)
10:10 a.m. In the Matter of the Welfare of A21-0161 the Child of: L.G.R., Parent
June 9
Panel: Judges Theodora Gaïtas (presiding), Renee L. Worke, Matthew E. Johnson
9:30 Peter Stalland, et al. v. City of Scandia (A20-1557)
10:10 State v. Jacob Jordon Johnson (A20-1109)
Panel: Chief Judge Susan Segal (for Judge Jennifer L. Frisch, presiding), Kevin G. Ross and Jeanne M. Cochran
9:30 State v. Logan Phillip Kirch (A20-1149)
10:10 Wynter Rose Isakson, f/k/a Wynter Rose Anderson v. Derek Morris Anderson (A20-1342)
June 10
Panel: Judges James B. Florey (presiding), Lucinda E. Jesson and Tracy M. Smith
9:30 a.m. Joel Leslie Wells v. Jeffrey Fischbach (A21-0108)
10:10 a.m. In the Matter of Enbridge Line 3 Replacement Project in Minnesota Kittson, Marshall, Pennington, Polk, Red Lake, Clearwater, Hubbard, Wadena, Cass, Crow Wing, Aitkin, St. Louis and Carlton Counties (A20-1513)
Panel: Judges Diane B. Bratvold (presiding), Francis J. Connolly and Carol Hooten
9:30 a.m. In re the Guardianship of: Ryan Van Huyen (A20-1405)
10:10 a.m. State v. Raphael Phares Spencer (A20-1175)
Links to this week’s Court of Appeals Zoom hearings can be accessed here.
The court is scheduled to release its next batch of new rulings today at 10 a.m.
Minnesota State Bar Association events
June 9
10 a.m.-11 a.m.
Tips for Selecting and Managing Outside Counsel
This live MSBA webinar—worth 1.0 standard CLA credits—discusses ways to approach selection of outside counsel. It will address questions like how costs should factor into your analysis and when to seek new outside counsel vs. leveraging longstanding relationships.
Panelists include Joseph Colaiano, director of legal operations at the Mayo Clinic; Sarah Karlgaard, general counsel for Vital Images; and Tim Pramas, senior associate general counsel at the University of Minnesota’s Office of the General Counsel. MSBA’s Corporate Counsel Section will hold its annual meeting 15 minutes before the program, to elect officers and council members for the 2021-2022. Registration details here.
June 9
12 p.m. to 1:15 p.m.
Who Am I When I’m No Longer Doing What I Did?
This is the kick-off event of the MSBA’s new Senior Lawyers & Judges section and follows a brief annual meeting to elect incoming officers.
Former Minnesota Lawyer editor Barb Jones, the new section’s secretary-elect, will moderate the panel. The talk deals with folks who are approaching retirement and pondering what comes next. Its participants include an executive coach, plus retired attorneys and judges—including one who “flunked retirement.”
Panelists include Senior Judge Kevin Burke, who retired as Minnesota's longest serving judge; Sue Colby, an executive coach and owner of Colby Consulting; John Gordon, ACLU-MN’s executive director; Carla Hagen, retired senior attorney with the Hennepin County Attorney’s office; LaJune Lange, a retired 4th Judicial District Court judge; and Howard Tarkow, of counsel for Maslon LLP.
The event is worth 1.25 standard CLE credits. Registration info here. There will be time left over for questions and socializing afterwards.
June 10
12 p.m. to 1:15 PM
What Happened for Animals at the Minnesota Legislature in 2021?
Every year, scores of bills at the Minnesota Legislature affect animals, directly or indirectly. This presentation features Christine Coughlin, Minnesota state director for the Humane Society of the United States. She will provide a snapshot of some of the most significant animal-related legislation and its current status. Hosted by the MSBA’s Animal Law Section, officer elections held shortly before the event’s start.
It is worth 1.0 standard CLE credits. Registration information here.
June 10
3 p.m. to 5 p.m.
Annual Tax Law Section Judges Conference
This event is open to all MSBA Tax Section members. It includes an update on legislative activity from state Revenue Commissioner Robert Doty.
An update on the U.S. Tax Court and IRS will be handled by U.S. Tax Court Judge Mark Holmes, IRS Office of Chief Counsel Manager Lisa Jones and Wagner Tax Law attorney Kathleen Pfutzenreuter.
An update on Minnesota tax litigation will be given by Kristine Nogosek and John O'Mahoney, both attorneys with the state Attorney General’s Tax Litigation Division. Finally, Minnesota Tax Court Chief Judge Wendy Tien will give a Minnesota Tax Court update. MSBA Tax Law Section Chair Alex Korzhen will offer opening and closing remarks.
The Tax Law Section will hold its annual meeting at 2:30 p.m., to elect officers and council members for the 2021-22 bar year and to conduct other business as needed. The virtual event is worth 2.0 standard CLE credits. Registration information here.
June 10
9 a.m. to 12 p.m.
Recent Trends in the Law Governing Reasonable Accommodations and Public Law
This Public Law Section webinar includes a presentation by two civil rights lawyers (Minnesota Department of Human Rights General Counsel Nick Pladson and U of M School of Law adjunct professor Laurie Vasichek), who will discuss how the COVID-19 pandemic has forced people to reimagine workplace accommodations. They will speak from 9 a.m. to 10 a.m.
After that, from 10 a.m. to 10:30 a.m., four current practitioners from county and city prosecutors’ offices will answer questions about reasonable accommodations.
The awards ceremony will follow from 10:30 a.m. to noon. The full roster of award recipients is posted here. The event is worth 1.5 standard CLE credits, and registration information is available here.
There are other MSBA CLE programs and events going on this week, too. Visit the state Bar Association’s website for details about the rest.
News and notes
Judicial Selection Commission seeks candidates
On June 1, the state’s Judicial Selection Commission announced a new vacancy in Minnesota’s 2nd Judicial District. It will occur upon the retirement of Ramsey County District Judge Lezlie Ott Marek.
Whoever replaces her will chamber in St. Paul in Ramsey County. The application process is now open.
The commission seeks fair, experienced and civic-minded people to serve on the bench and offer their talents and services to Minnesota’s judicial system. As outlined in statute, judicial qualifications include integrity, maturity, health (if job-related), judicial temperament, legal knowledge, ability, experience and community service. The commission also is looking for applicants who reflect Minnesota’s full diversity.
Those wishing to apply may request an application through the Office of the Governor and Lt. Governor via e-mail at Judicial.Selection@state.mn.us. Application materials are due by 4 p.m., on June 22, and should be addressed to Commission Chair Erin Sindberg Porter.
It’s expected that interviews will be held on July 12.