URBAN MYTH – Many years ago, an entire generation of judges and attorneys were taught that Minnesota law (MS 609.135, subd 4) established a 12 month cap on the total amount of local jail that a defendant could be required to serve (whether as a condition of probation or as a sanction for violating probation), and that any incarceration in excess of 12 months would require execution of the stayed sentence = prison.
This update is designed to dispel that myth and provide the bench and bar with a simple explanation and general rule along with supporting authority.
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WE ALL WORK IN A HYPER-COMPETITIVE, STRESS FILLED ENVIRONMENT: The practice of law can be demanding and exceedingly stressful. Put an ordinary individual (which includes even the most well balanced and well-adjusted judge or lawyer) in a hyper-competitive, stress filled, emotional, high stakes environment such as the law, and you have the formula for a psychological crisis. According to an often-cited Johns Hopkins University study of more than 100 occupations, researchers found that lawyers lead the nation with the highest incidence of depression and unhappiness.
TEN (10) TRAITS & HABITS EVERY JUDGE & ATTORNEY SHOULD LOOK OUT FOR: Although there are many legal professionals that are truly happy, most of us bounce back and forth between happiness and unhappiness depending on the day. According to Psychology Today, there are ten traits and habits that chronically unhappy people have mastered. However, it is important to remember, we all have bad days, even weeks when we fall down in all ten areas. The difference between a happy and unhappy life is how often and how long we stay there. This Training Update outlines the ten traits and habits to guard against.
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