Minnesota Legislature
You’d be forgiven if you tuned into the House floor debate on Saturday—for the sake of your sanity, here’s hoping you didn’t do that—and thought your elected representatives were debating the public safety bill.
Actually, no. That was the higher-ed bill. House Republicans tried for three hours to graft measures into it to beef up U of M police protection. That’s because five people reportedly got shot in Dinkytown near the Minneapolis campus on Friday night, lending Republicans additional pro-police rhetorical fuel as the violent-crime wave continues.
One amendment, from Rep. Brian Johnson, R-Cambridge, would have blocked Board of Regents funding unless the university certified that its campus police staffing is at full strength. The measure failed.
If you tuned in to the floor debate Thursday, then checked back in Saturday and saw House members still hard at work, you might’ve assumed the chamber was well on its way to clearing the decks of budget bills in their race to avoid a government shutdown.
Not really. The same bills introduced onto the floor Thursday were still being debated Saturday. House Republicans filibustered the proceedings for days, angry that major spending and policy bills reached final passage without normal committee vetting.
House Minority Leader Kurt Daudt, R-Crown, complained Friday that too much was happening in secret, with too many key decisions made by leadership without benefit of testimony from experts and others most directly affected.
“Republicans have spent just a few hours—almost 28 hours in the last two days,” Daudt said that night, “just trying to shine just a little bit of light on a process that needs to be fixed.”
Democrats countered that bills on the floor were heard during the 2021 regular session and thus had been vetted. Which is true. But it is also true that few of those bills cleared the conference committee process during regular session, so differences between House and Senate versions never got reconciled before time ran out on May 17. So what’s in and what’s out is only being finalized now.
That some decisions are now being made behind closed doors is evident from our reporting Friday on the stalled negotiations in the judiciary/public safety arena. The House has more than 100 police reform proposals, meant to curb deadly-force encounters and improve police/community relations.
The Senate, led in this division by Judiciary Chair Warren Limmer, R-Maple Grove, has countered with six offers that they regard as police-accountability policies, a few of which are GOP proposals. House Public Safety Chair Carlos Mariani, DFL-St. Paul, said early Thursday that DFLers had accepted just three.
House Speaker Melissa Hortman, DFL-Brooklyn Park, told WCCO Radio late last week that leadership has stepped into those negotiations to break the logjam. But, to Daudt’s point, such discussions are not happening in public.
The good news is that three budget bills have now cleared the House—the Legacy funding bill, the ag/broadband omnibus and the higher-ed bill. They now move to the Senate for final passage, and from there to the governor’s desk.
The Senate debated those same bills on June 17, a debate that took the upper chamber just two and a half hours. But those bills were laid on the table to await House passage over the weekend.
Deals on the transportation, jobs and tax bills also are complete. But it appears more work is needed in major areas like human services, E-12 education and public safety. And the clock is ticking ever closer to June 30. If no budget is in place on July 1, the government shuts down.
Legislative calendar
As of this writing, just a few meetings are officially scheduled this week. In fact, none is scheduled past Tuesday. That is obviously subject to change. You can keep an eye out for schedule updates here.
Here are the announced legislative hearings scheduled at the time of this writing.
Senate Finance, Monday, June 21, at the call of the chair
The committee run by GOP Sen. Julie Rosen, R-Fairmont, will host Senate Transportation Chair Scott Newman as he presents Senate File 10, his omnibus transportation package. Newman’s bill includes some public safety-related provisions, including money for state troopers and the Civil Air Patrol.
Housing Finance and Policy, Monday, June 21, 8:30 a.m.
The committee chaired by Rep. Alice Hausman, DFL-St. Paul, will hear the two chambers’ compromise housing bill. It contains the “off-ramp” compromise that phases out the governor’s eviction moratorium over 105 days. It’s an information-only hearing, so there will be no vote.
Minnesota House, floor session, Monday, June 21, 10 a.m.
It’s expected that the House will briefly gather, then recess to the call of the chair. It’s not known yet what time the House would reconvene.
Minnesota Senate, floor session, Monday June 21, 10 a.m.
According to the Senate Media Service’s webcast schedule, Senate File 16, the omnibus housing finance and policy bill, is on Monday’s agenda.
House Rules and Legislative Administration, Monday, June 21, 10:15 a.m. (or 15 minutes after the House recesses)
The committee chaired by House Majority Leader Ryan Winkler, DFL-Golden Valley, will approve the House calendar of the day for June 23.
Senate Finance, Tuesday, June 22, at the call of the chair.
The agenda has yet to be announced.
House Transportation Finance and Policy, Tuesday, June 22, 8:30 a.m.
Staff will walk through House File 10, the bicameral transportation omnibus agreement. It covers the same ground as Newman’s Senate File 10. The House version is authored by Rep. Frank Hornstein, DFL-Minneapolis.
House Workforce and Business Development, Tuesday, June 22, 12 p.m., or at the call of the chair.
This is an information-only hearing to discuss the compromise omnibus jobs and labor bill, House File 1, from Rep. Mohamed Noor, DFL-Minneapolis. Noor’s bill covers the same ground as Pratt’s Senate File 9.
Minnesota Judiciary
Supreme Court
The state’s highest court has no arguments scheduled for the rest of this month. If it issues any rulings this week, they’ll come out Wednesday, at 10 a.m.
Court of Appeals
The state Court of Appeals has a full calendar of oral arguments, beginning on Tuesday.
June 22
Panel: Judges Jennifer L. Frisch (presiding), Kevin G. Ross; and Lucinda E. Jesson (for Judge Jeanne M. Cochran)
9:30 a.m.
Mark Lange v. Roger Olson (A21-0032)
This case is Olson’s appeal of a Hennepin County District Court order, which granted Lange’s motion to enforce a mediated settlement agreement.
10:10 a.m.
Eric Ringsred, et. al., v. Duluth Economic Development Authority, et al. (A21-0162)
The case involves the former Kozy Bar, a blighted, historic Duluth property. The city appeals, claiming that the District Court erred by denying a motion to dissolve a demolition injunction after the structure got damaged by fire. The city also challenges the court’s decision not to address a security bond issue.
Panel: Judges Peter M Reyes, presiding; Michelle A Larkin; Louise Dovre Bjorkman
9:30 a.m.
Vicki Metcalf v. Allina Health System (A20-1620)
Appellant Metcalf sued her ex-employer in 2019 alleging retaliatory discharge in violation of the Minnesota Whistleblower Act (Minn. Stat. § 181.932). The District Court granted summary judgment to Allina on Nov. 4, 2020. This appeal follows.
June 23
Panel: Judges Diane B. Bratvold (presiding), Matthew E. Johnson (for Francis J. Connolly); and Denise D. Reilly (for Carol Hooten)
9:30 a.m.
Timothy Soboleski, Individually and as Personal Representative of the Estate of Frank Soboleski v. Barbara Louise Cassibo, Personal Representative
The case involves a dispute over an altered will that, according to appellants, surreptitiously eliminated them as the heirs of some real property. The District Court ruled that appellants’ delayed claim against the estate of Renee Maxine Soboleski, now deceased, was time barred. This appeal follows.
10:10 a.m.
Sarah Anne Trisko, Individually and on Behalf of Minor Children v. Karen Mary Hartung (A20-1524)
Appellant Hartung appeals a 7th Judicial District Court order granting respondents’ harassment restraining order petition.
June 24
Panel: Judges Theodora Gaïtas, presiding; Renee L. Worke; Chief Judge Susan Segal (for Matthew E. Johnson)
9:30 a.m.
In the Matter of the Welfare of: B.C.L., Child (A21-0045)
10:30 a.m.
LeAnn Wilbourn v. Creative Homes, Inc. (A20-1595)
Appellant Wilbourn sued for negligence after falling on a patch of ice during a March 2019 Creative Homes tour. The 10th Judicial District Court granted summary judgment to the company. Wilbourn appeals.
Panel: Judges Jeffrey M. Bryan, presiding; Carol Hooten (for) Denise D. Reilly; Randall J. Slieter
9:30 a.m.
Vincent Holdings, LLC v. John Kastl (A20-1539)
Respondent Vincent Holdings, L.L.C., sued appellant John Kastl, an Illinois attorney, alleging legal malpractice, breach of contract and misrepresentation. Appellant moved to dismiss the complaint but a Hennepin County District Court judge denied the motion. Kastl appeals.
10:30 a.m.
In re the Estate of: Mark Kevin Egan, Deceased. (A21-0115)
This is an appeal of 2nd Judicial District Court ruling on an estate lawsuit involving a change of beneficiary for life insurance. (Judge Diane B. Bratvold here sits for Bryan.)
Links to this week’s Court of Appeals Zoom hearings can be accessed here.
The Court of Appeals' newest batch of rulings are due today at 10 a.m.
Minnesota State Bar Association
The main event this week is the MSBA’s annual convention. It’s a big deal, so we’ll shove it to the top of the list, out of chronological order.
Thursday, June 24-25
8:30 a.m. to 4:30 p.m., Thursday; 8:30 a.m.-2:15 p.m., Friday
MSBA Annual Convention
Like everything else on this list, the convention is all-remote this year. But an important custom is being kept: Supreme Court Justice Lorie Gildea will give her annual state of the Minnesota Judiciary speech as a keynote. Other featured speakers include Patricia Lee Refo, president of the American Bar Association and a partner at Snell & Wilmer in Phoenix; and Simon Tam, founder and bassist of all-Asian band The Slants who won a unanimous U.S. Supreme Court victory in the landmark civil rights case Matal v. Tam in 2017. Fees to attend vary, but MSBA members pay $95 and law students pay $45. The convention is good for 7.0 standard CLE credits, 1.0 ethics CLE credits and 1.0 elimination-of-bias CLE credits. For more information and to register, go here.
Now, back to chronological order…
Tuesday, June 22
12 p.m.- 1 p.m.
Preparing for the New Normal: Business and Employment Law Considerations for Long-Term Hybrid and Remote Work
This event is sponsored by the MSBA Labor and Employment Law Section. It will address questions like how employers decide who works from home and what employment law risks are implicated by those decisions. Panelists include Jerri Adams, attorney at Baillon Thome Jozwiak & Wanta L.L.P.; Timothy Kohls, labor/employee relations vice president at Allina Health; and Dan Prokott, a partner at Faegre Drinker Biddle & Reath L.L.P. The event is free to students and section members; others pay a fee. It’s worth 1.0 CLE credits. Section elections will be held at 11:45 a.m. Register here.
Wednesday, June 23
8:30 a.m.-11:30 a.m.
Performing Construction Work for Government Projects
This year’s Construction Law Annual Symposium, hosted by MSBA’s Construction Law Section, will focus on government construction projects. It’s a 3.0 CLE-credit event. From 9:30 a.m. to 10:30 a.m., Betsy Hayes, the state Department of Administration’s chief procurement officer and Igbal Mohammed, director of that department’s Office of Equity, will discuss issues around administering contracts. Hugh Brown, a shareholder at Fabyanske, Westra, Hart & Thomson, will moderate. From 10:30 a.m. to 11:30 a.m, John Harens, owner of Harens Mediation Center LLC; Jack Van De North, attorney at Larson King, L.L.P.; and Pamela Whitmore, shareholder at Eckberg Lammers, will discuss resolving contract disputes. Alex Hontos, a partner at Dorsey & Whitney L.L.P., moderates the second panel. The event costs $10 for section members. Register here.
Wednesday, June 23
1 p.m.-2:30 p.m.
Special Challenges when Representing Non-Citizens on Civil and Criminal Matters
MSBA’s Immigration Law Section hosts this event, which examines issues that criminal defense lawyers face representing non-citizen clients. Panelist include Ryan Garry of Ryan Garry L.L.C.; Michelle Kornblit of Nichols Kaster P.L.L.P.; Marshall Tanick of Myer Njus Tanick P.A.; and Steven Thal of Steven C. Thal P.A. Alyssa Nguyen of the Nguyen Law Firm will moderate. The event is free to section members and law students. Others will be charged a fee. Section elections will be held right before the main event. Register here.
Friday, June 25
11:30 a.m. to 1:30 p.m.
Small But Mighty: Combating Microaggressions In Your Legal Practice
Hosted by the MSBA’s Environmental, Natural Resources and Energy Law Section, this event features speaker Abdul M. Omari, founder of AMO Enterprise. He will examine microaggressions generally, and in settings like stakeholder conversations, administrative proceedings and written correspondence, where they can cause people of color or other marginalized individuals to suffer distress. The event is worth 2.0 elimination-of-bias CLE credits. The fee is $10 for all attendees. Register here by July 24.
12 p.m. to 1:30 p.m.
CLE and Annual Meeting
The MSBA Sports, Art and Entertainment Law Section’s annual meeting, which is worth 1.0 CLE credits, will offer attendees an introduction to block chain technology and non-fungible tokens in the entertainment industry. Panelists include Teresa Walker of Waller Law; Tom Matzen of Matzen Consulting Group and Wulf Kaal of the University of St. Thomas. Section elections follow. The event is free of charge. Register here by 12 p.m. on June 24.
For a full list of MSBA CLE events this week, visit this page.
News and notes
Pattni to fill 6th District judgeship
Bhupesh Pattni, an attorney with the Trenti Law Firm and the 6th District Public Defender’s Office, has been appointed a St. Louis County District Court judge.
The office of Gov. Tim Walz announced his selection on June 17. Pattni will replace former Judge Mark M. Starr, who retired earlier this year. Pattni will chamber in Hibbing.
“Mr. Pattni has a wealth of experience, a sense of duty and a deep commitment to his community,” Gov. Tim Walz said in a press release. “His skills and wisdom will serve him well in his judicial career.”
In addition to his other work, Pattni is a team member on the Iron Range Mental Health Treatment Court. He also has represented children in the foster care system and in delinquency and truancy proceedings.
He earned his bachelor of arts degree from the University of Wisconsin‑Madison and his juris doctorate from the William Mitchell College of Law.
CORRECTION: This story originally said that a commerce bill passed over the weekend. That is incorrect. Only three bills passed over the weekend.
Got tips on any lawyerly or legislative news or events that you’d like to see posted here? Contact us at kevin@featherly.com.