There are many conviction and sentencing factors that can have a dramatic impact on the deportation status of a non-citizen defendant. This update covers five of the most common problems that every judge and attorney should be aware of and one suggested best practice. The last
page of the update includes references to several immigration services available to judges, attorneys and the general public.
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Posted in GUILTY PLEAS, Immigration - 5 Important Facts, Immigration Issues, SENTENCING
Tagged immigration
EVICTION LAWS AND PROCEDURES are creations of statute and can be
complex and confusing. Although Hennepin and Ramsey Counties have judges/referees that specialize in this area, for much of the state, judges preside over eviction cases with little or no prior experience.
In the complex world of housing court and eviction laws there are 12 basic rules that govern the vast majority of all landlord initiated eviction cases.
For any District Court Judge that regularly presides over an eviction calendar, these are the 12 rules that judges (and all housing court attorneys – and parties) SHOULD know.
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Posted in 12 Basic Rules, EVICTIONS
Tagged EVICTIONS, housing court, Landlords, Tenants
QUESTION: What is the 2014 Domestic Violence Firearm Act (HF 3238, Session Law Chapter 213, also called the Firearms Transfer/Surrender Act) and what do Minnesota judges need to know in order to comply with its mandatory provisions? Enactment of the new law has generated a great deal of confusion among court administration, attorneys and the bench.
ANSWER: The Firearms Transfer Act is a new series of laws that went into effect on August 1, 2014. The act requires defendants convicted of certain domestic violence offenses or persons subject to an Order for Protection (OFP) or Domestic Child Abuse No Contact orders to “Transfer or Surrender Firearms” during the time they are prohibited from possessing firearms (i.e. period of probation or length of the no contact order). The act makes it MANDATORY for judges to order the “Transfer or Surrender” of firearms if the act applies.
This Update will hopefully simplify the new law by breaking it down into 8 facts that explains what judges and attorneys need to know in order to comply with the mandatory provisions of the Act.
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Judges rely on urine drug screening (UDS) tests in a myriad of criminal and civil settings. In criminal cases, defendants are often ordered by the court not to use or possess alcohol or mood altering chemicals as a condition of their pretrial release or probation. In family court cases, parents are often ordered to undergo UDS as part of a court-ordered child custody evaluation. The results of the UDS can have tremendous adverse consequences for defendants (incarceration or loss of privileges) or for divorcing parents (loss of custody or parenting time). The potential for false-positive urine drug screen (UDS) results presents a due process dilemma for the presiding judge. When and under what circumstances can a judge feel comfortable relying on the results of a urine drug screening test without a secondary confirmation test? This training update will address the following six topics:
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http://www.lawsitesblog.com/2014/10/new-blog-serves-training-hub-minnesota-judges-trial-lawyers.html
Posted in Uncategorized
Most judges tend t
o preside over criminal jury trials more frequently than they do civil jury trials. Thus, it is not surprising that many judges are more familiar with and comfortable handling criminal jury trial issues than they are civil jury trial issues. In the world of civil jury trials there are certain legal issues that tend to occur with a fair amount of frequency. Because most civil trial attorneys deal with these issues regularly, trial judges must be prepared to address these same issues, sometimes on very short notice. This update addresses ten common civil jury trial issues that every judge should be prepared for.
Attempted 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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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.
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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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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QUESTION: 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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Posted in OFP & HRO HEARINGS, Respondent's testimony - Urban Myth
Tagged HRO, OFP, Urban Myth
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