Author Archives: Alan F. Pendleton, "Of Counsel" Martine Law Firm, Director of Mentorship & Education, Former District Court Judge

COURT-RELATED VIOLENCE; 15 FACTS EVERY JUDGE (and attorney) SHOULD KNOW (14-17)

Posted on October 1, 2014 | 1 comment

wellerAttempted Murder of a Judge: The facts in this update come from an amazing story. Eight years ago a sniper shot Judge Chuck Weller (a family court judge in Reno, Nevada) just above the heart as he was standing in his courthouse chambers. The shooter was an estranged husband embroiled in a contested divorce and child custody action. The shot was fired from the roof of a parking garage 200 yards from the courthouse. Earlier that day, the husband stabbed his wife to death during an exchange of their nine-year old daughter. Following his recovery, Judge Weller entered into an advanced degree program and wrote a doctoral dissertation on courthouse violence. This training update summarizes 15 key facts uncovered from Judge Weller’s exhaustive research into this troubling area. One of the most interesting findings is the correlation between courthouse violence and domestic violence (see finding #6 on page two). These are facts that every judge, attorney and the general public should know.

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PendletonUpdate14-17

 

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Posted in Courthouse Violence, Courthouse Violence, DOMESTIC VIOLENCE, JUDICIAL PHILOSOPHY, RESOURCES & SAFETY

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DOMESTIC VIOLENCE – HOW JUDGES CAN HELP EDUCATE THE ABUSER (14-16)

Posted on September 19, 2014 | Leave a comment

Due to the recent rash of NFL arrests, the ugly specter of domestic violence has once again been thrust into the forefront of America’s consciousness. The most effective weapon against domestic violence is EDUCATION.powerandcontrol

This update will explore one very effective tool available to the court and will answer the following question:

When sentencing a defendant convicted of a domestic abuse offense, under what circumstances, should the court order (or accept) completion of an anger management program rather than a domestic abuse counseling program?

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PendletonUpdate14-16

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Posted in Domestic Abuse, Domestic Abuse Counseling v. Anger Management, SENTENCING

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NEW JUDGE ADVICE – RELY ON AND LEARN FROM YOUR IN-COURT CLERKS (14-14)

Posted on August 15, 2014 | 1 comment

NEWLY APPOINTED JUDGES – WHY THE RISK OF MISTAKES ARE HIGH: Judges have an incredibly difficult job. Most judges were appointed to the bench, in part, based on their training, experience and expertise in usually one or two areas of the law. Many judges come from a prosecution or criminal defense background with no significant civil experience. Many judges with a strong civil background have little or no criminal experience. And a large number of judges come onto the bench with no prior family law experience. And even those judges with a particularly broad background, few can boast of experience in areas such as: conciliation court, civil commitments, juvenile, probate, child support contempt and unlawful detainers, etc. This update answers the question why new judges should rely on and learn from their in-court clerks.

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PendletonUpdate14-14

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Posted in JUDICIAL PHILOSOPHY, RESOURCES & SAFETY, New Judge Advice: In-Court Clerks

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OFP ADVISORY TO RESPONDENTS – ANOTHER URBAN MYTH (14-13)

Posted on August 5, 2014 | Leave a comment

domestic.violenceQUESTION: It is a well-known legal axiom that an out-of-court statement made by a party-opponent is admissible against that party as non-hearsay in any subsequent legal proceeding. Mn Rule Evid 801D(2). During a contested OFP hearing, if the respondent chooses to testify despite the fact he has a pending domestic assault charge, should the judge, and/or respondent’s attorney, advise respondent that his testimony could be used against him in his subsequent criminal trial?

ANSWER: NO – Despite the above noted legal axiom, a respondent’s OFP testimony CANNOT be used against him in his subsequent criminal trial. Minnesota law clearly states: “Any testimony offered by a respondent in a hearing pursuant to this section (Domestic Abuse Act) is inadmissible in a criminal proceeding.” MS 518B.01, subd 15.

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PendletonUpdate14-13

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Posted in OFP & HRO HEARINGS, Respondent's testimony - Urban Myth

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CONCILIATON COURT – PROOF OF SERVICE – URBAN MYTH (14-12)

Posted on July 15, 2014 | 1 comment

certified mail recieptCERTIFIED MAIL: Minn. R. Gen. Prac. 508(d)(1) provides that a Conciliation Court summons in excess of $2500 is to be served on the defendant “by certified mail, and proof of service must be filed with the [court] administrator.”

PROOF OF SERVICE – URBAN MYTH: Many years ago an entire generation of judges and court administrators were taught that in order for a party to establish proof of service in conciliation court cases, the serving party was required to file an affidavit of service by certified mail with the post office “return receipt” attached. (i.e. the green colored return receipt) confirming that the certified mail statement of claim and summons had been claimed. THAT IS A MYTH. THERE IS NO REQUIREMENT THAT THE GREEN RETURN RECEIPT MUST BE FILED.

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PendletonUpdate14-12

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Posted in Concilliation Court - Proof of Service

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