Minnesota Legislature
Today marks the start of the year’s first—dare we hope, only?—special legislative session.
Gov. Tim Walz, who plans to extend his COVID-19 emergency powers for another 30 days, announced Friday that we would call lawmakers back to the Capitol today. The House and Senate will meet at noon to organize for the special session. If they stay true to form, they will spend several hours arguing about Walz’s emergency powers.
The special session is needed for two reasons, according to Walz.
First, to complete the two-year state budget. Most financial details were left undecided when the regular session ended on May 17, though an overall two-year budget target of $52 billion has been in place for some weeks. That includes $1.298 billion in agreed-upon new spending. But exactly where that money will be directed is largely unknown.
Second, the governor said, his executive powers extension will allow Minnesota to maintain its vaccination sites and eviction moratorium, and to continue receiving federal hunger-relief assistance.
In the run-up to today’s special session, lawmakers blew through several self-imposed deadlines to reach accord. As it begins, precious little has been arranged ahead of time.
For example, the judiciary/public safety “working group”—the out-of-session name for its conference committee—has settled on just a few issues, House Public Safety Chair Carlos Mariani, DFL-St. Paul, told Session/Law last week. Major policies, especially around police reform, were still in dispute. In fact, Mariani said, House offers forwarded to Senate members had not even received any responses since late May.
House Public Safety Committee GOP Lead Brian Johnson, R-Cambridge, told us Thursday that it looks like the logjam will only get busted by “the triumvirate”—Gov. Tim Walz, House Speaker Melissa Hortman, DFL-Brooklyn Park, and Senate Majority Leader Paul Gazelka, R-East Gull Lake. It’s not an uncommon expectation around the Capitol.
That is exactly what happened in 2019, when Mariani and Senate Judiciary/Public Safety Committee Chair Warren Limmer, R-Maple Grove, failed to broker policy-and-budget agreements through the conference committee they co-chaired. The “triumvirate,” in that case, broke the deadlock essentially by fiat, telling Judiciary/Public Safety conferees which disputed policies were in and which were out.
The same thing happened that year in several budget areas—and the situation appears on a path toward replay. As of this writing, tentative agreements were in place in just four of the 12 budget state government budget divisions.
Areas of agreements include:
The omnibus agriculture and broadband finance bill.
The higher education finance and policy omnibus.
The climate and energy omnibus.
The omnibus legacy finance bill.
You’ll notice some things missing: Public safety, health and human services, E-12 education, state government operations, taxes and transportation, and a few others besides. And as of today’s special session launch, there are 17 days in which to avoid a shutdown.
We’ll see how this all works out. But how soon is unclear. House Minority Leader Kurt Daudt, R-Crown, has told his members to be prepared for the special session lasting through July 1, if not longer. If it goes beyond June 30, a government shutdown would be triggered.
Here is the week’s announced legislative schedule at the time of this writing.
House Agriculture committee, Monday, June 14, 8:30 a.m. An informational walk-through on the House/Senate chairs’ agreement on an Ag/Broadband finance bill.
Minnesota House, floor session, Monday, June 14, 12 p.m. The House will gather to convene the special session, as ordered by the governor. They will organize for the session, and more than likely spend time debating whether to end the governor’s emergency powers.
Minnesota Senate, floor session, Monday June 14, 12 p.m. For some reason, this floor session was not yet formally calendared at the time of this writing. But per the governor’s declaration, senators will gather at noon to organize for the special session. As in the House, another extended argument over Walz’s emergency powers seems inevitable.
House Ways and Means, Monday, June 14, 2 p.m. (or 30 minutes after the House floor session). The House’s central budgeting committee, run by Chair Rena Moran, DFL-St. Paul, is scheduled to walk through the Legacy Fund, Agriculture and Higher Education omnibus bills. More bills could be added before it meets.
House Commerce Finance and Policy committee, Tuesday, June 15, 8:30 a.m. This will be an information-only hearing, with no action planned, to discuss updates to the compromise Commerce omnibus, Senate File 972.
House Higher Education committee, Tuesday, June 15, 8:30 a.m. This will feature a non-partisan walkthrough, with no action planned, of the chairs’ agreements on a draft compromise higher-ed bill, including new agreements since the last conference committee hearing.
House Energy and Climate committee, Tuesday, June 15, 10:30 a.m. Another non-partisan walkthrough, with no action planned, of a compromise omnibus. A presentation on the federal jobs plan’s impact in Minnesota is also scheduled here.
Senate Finance committee, Wednesday, June 16, 8:30 a.m. This will be live-streamed as well as held in person, in Room 123 of the state Capitol. An agenda for the meeting was not yet announced at the time of publication.
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.
June 16
Panel: Judges James B. Florey (presiding), Michelle A. Larkin (for Lucinda E. Jesson) and Tracy M. Smith
9:30 a.m. In the Matter of the Otto Bremer Trust (A21-0053)
10:10 a.m. In the Matter of the Petition of Jane Serrano and Lynn Barbeau for certain relief relating to lands in St. Louis County, Minnesota (A21-0164)
Panel: Judges Diane B. Bratvold (presiding), Francis J. Connolly and Carol Hooten
9:30 a.m. State of Minnesota v. Tonia Nicole Williams (A20-1125)
10:10 a.m. Daniel Loftus, et al. v. Jeffrey Manning and DEED (A20-1573)
June 17
Panel: Judges Theodora Gaïtas, presiding; Renee L. Worke; Matthew E. Johnson
9:30 a.m. State v. Luis Enrique Leal (A20-1102)
10:10 a.m. Erica Ann Cortez, and OBO (minor) v. Francisco Fredrick Galvan (A20-1503)
Panel: Judges Jeffrey M. Bryan, presiding; Denise D. Reilly; Randall J. Slieter
9:30 a.m. The Gables at the Reserve Homeowners Association v. Midwest Family Mutual Ins. Co. (A20-1549)
10:10 a.m. Bella Vista Condo. Ass’n, et al. v. Western Nat’l Mutual Ins. Co. (A20-1526)
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 Judicial Council
June 17
9 a.m.
The Judicial Council—the state Judicial Branch’s primary policy-making body—convenes Thursday for its first in-person meeting since 2020. The group, composed of judges and non-voting court administrators, is chaired by Supreme Court Chief Justice Lorie Gildea.
For the first time in months, the council’s June meeting will not be livestreamed. Nor will the event be held at the Minnesota Judicial Center, as is usual for its in-person gatherings. This one instead is being held at the Intercontinental Hotel in Downtown St. Paul.
There are several decision items on the agenda, including:
A vote on adopting the FY21 Strategic Plan work product from the council’s Committee for Equality and Justice.
A vote on the Committee for Equality and Justice’s proposed FY22 Strategic Plan.
A decision on “aspirational performance goals” for the Judicial Branch.
Proposed Amendments to Judicial Council Policy 221, which deals with court reporter transcript rates.
Decisions on the Judicial Branch’s FY22-23 Strategic Plan and its proposed FY22 Operational Plan.
Among other various discussion items, there will be an update from the council’s Other Side Workgroup. That is the council subcommittee responsible for grappling with the COVID-19 pandemic and searching for ways that the courts can move on, once it ends.
The council’s full agenda is available here.
Minnesota State Bar Association
Tuesday, June 15
12 p.m.- 1 p.m.
June Focus: Vaccination in Family Law Matters
This event is sponsored by the MSBA Family Law Section as part of its Monthly Virtual Roundtable Conversations. It will address vaccinations in family law matters, a topic bound to raise strong responses from clients. Organizers hope section members will join in and share their experiences and talk over the pros and cons of vaccines, and how the courts are responding to this issue. Discussion facilitators include host Susan J. Mundahl of Mundahl Law, P.L.L.C.; Tifanne Wolter of Henningson & Snoxell, Ltd.; and Nicole Tabbut of the Pemberton Law Firm. The event is free and registration is optional, but encouraged. No CLE credits are being offer for this event. Register here.
Tuesday, June 15
12 p.m.- 1 p.m.
Live Social Security Disability Roundtable
MSBA’s Social Security Disability Law Section is holding its monthly virtual gathering to learn about video hearings, SSA offices’ reopening, the 2022 budget and staffing, the recent decline in applications (especially for Supplemental Security Income) and other updates to Social Security practice. The section’s annual meeting and elections will be held at the start of the gathering. Facilitators include Asha Sharma, attorney for Disability Partners, Adam D. Spees, attorney at Cooper Law and Thomas Krause, attorney for Southern Minnesota Regional Legal Services. There is no fee to attend, but registration is required and the deadline is today. The event is good for 1.0 CLE credits. Register here.
June 16
12 p.m. to 1:15 p.m.
Consumer Law: Recent Trends in Article III Standing
This event is jointly hosted by the MSBA Consumer Law Section and the Hennepin County Bar Association’s Debtor Creditor Section. Presenters include Anthony Chester, attorney for Kazerouni Law Group, A.P.C.; and Aylix K. Jensen, attorney at Moss & Barnett, A.P.A. They will lead an informative discussion on the evolution of constitutional Article III standing in consumer law cases, including an analysis of recent court decisions. Annual elections for the section also will be held here. The event, which is good for 1.0 CLE credits, is free for bar association members and law students; $20 for non-members. Deadline to register is today. Take care of that here.
June 16
2 p.m. to 4:30 p.m.
Civil Unrest and the Law of Domestic Military Operations
This 2.0-credit CLE event is sponsored by the MSBA’s Military & Veterans Affairs Section. Presenters include Benjamin Johnson, legislative director for the Minnesota Department of Veterans Affairs, and David Blomgren, the Minnesota National Guard’s general counsel. Following section elections, the first hour will include an update on recent legislation affecting service members and their families. The second hour will include historical and legal reviews of domestic military deployments—specifically, during civil disturbances nationally and in Minnesota over the past year. The event is free for section members and law students; there are fees for bar members not in the section and for non-MSBA members. The registration deadline is today. You can do that here.
For other MSBA CLE programs and events—including June 24’s all-day MSBA Annual Convention, visit the state Bar Association’s website.
News and notes
OAH transitioning to in-person hearings
The state Office of Administrative Hearings is transitioning back to in-person proceedings, it said in a press statement last week.
As of July 1, evidentiary hearings and mediations will presumptively be held in-person. So will proceedings where an interpreter is present. The OAH announced the transitions on June 10.
Parties might be able to convince the court to use alternative, remote approaches on a case-by-case basis, the news release said. Those possibilities include telephone, Microsoft Teams, Webex, hybrid and, in certain situations, ITV.
This graphic tells what the OAH plans are for in-person and remote hearings, as of July 1.
Also starting on July 1, OAH will have courtroom technology available to support hybrid hearings, where some participants can appear in person and others virtually. This approach is recommended to minimize travel for witnesses, to cite one example where it might be used.
Absent specific case-related circumstances, exhibits must be e-filed, regardless of the proceeding's location, the office cautions.
Face coverings are not currently required by OAH, but members of the public not yet vaccinated are strongly encouraged to wear masks.
New judges
The Office of Administrative Hearings also announced on June 11 that three new worker’s compensation judges—David Bateson, Elisa Murillo and Nicole Surges—have been named and would start to work with the office this summer.
Bateson and Surges will be based at the St. Paul office. Murillo will be based in Duluth.
Want to be a judge?
The state’s Commission on Judicial Selection is seeking applications for bench openings that will occur with a pair of 4th Judicial District retirements.
Those retiring include Hennepin County District Court Judge Margaret A. Daly, who was appointed to the bench by Gov. Jesse Ventura in 2000. She then won four subsequent retention elections. She was the county’s juvenile court presiding judge from 2013 to 2016 and has been assigned to the criminal court since then.
The other pending retirement is that of District Court Judge Kathleen D. Sheehy, a 2012 appointee of Gov. Mark Dayton. She was elected to retain the post in 2014 and 2020. She has been assigned to handle criminal and civil matters at the county’s Brookdale suburban court since 2018.
Those wishing to apply for those jobs may request an application via e-mail at Judicial.Selection@state.mn.us. Only one application is needed to apply for both vacancies. Application materials are due by 4 p.m., June 28, and should be directed to Commission Chair Erin Sindberg Porter. Interviews are expected to be held on July 29.
For inquiries concerning the application process, contact the Office of the Governor and Lt. Governor at Judicial.Selection@state.mn.us.
Got any lawyerly or legislative tips for upcoming news or events that you’d like to see posted here? Contact us at kevin@featherly.com.