Action Items
Legal Aid quietly gives a hand to people in need
From the Albert Lee Tribune: http://www.albertleatribune.com/news/2009/mar/17/l
Started by steve hirsh in Legal Aid Mar 18.
Mondale on public defense funding and civil right to counsel in Washington Post
A Key Legal Right at Risk http://www.washingtonpost.com/wp-dyn/content
Started by steve hirsh in Public Defenders Mar 10.
Comments of Chair of Legal Services Advisory Committee on legal aid funding
COMMENTS SUBMITTED TO THE MINNESOTA LEGISLATURE TOWN HALL MEETING Thursday, February 26, 2009 West Minnehaha Recreation Center 685 Minnehaha Avenue West Saint Paul, Minnesota By Beverly Jones Heyd...
Started by steve hirsh in Legal Aid Mar 2.
Message of thanks from Chief Justice Magnuson
To MSBA Members:
On Friday, the Governor signed the Omnibus Public Safety Funding Bill which funds the Courts, Board of Public Defense, Civil Legal Services, Corrections and Public Safety. The Legislature adjourned at midnight last night without subsequent changes to those decisions.
Anyone who followed the legislative process this year knows that it was difficult for all those involved. The courts and our partners in the justice system worked tirelessly to spread the message that justice is a core function of government, and that the justice system must be adequately funded in times of financial shortfalls. In fact, when economic times are tough, there is an even greater need for a fully functioning justice system.
As a result of these efforts, we were able to avoid the drastic cuts we feared might occur. The following budget reductions were enacted for FY10-11:
• 1.3% biennial budget reduction for Supreme Court
• .8% biennial budget reduction for Court of Appeals
• .8% biennial budget reduction for District Court
• 3% biennial budget reduction for Board of Public Defense. This reduction can be offset if the Supreme Court agrees to raise the attorney registration fee of up to $75 and places the proceeds in a special revenue account for public defender services
• .8% biennial budget reduction for Civil Legal Services, in addition to the loss of $1 million (7.5%) per year of current funding that was not part of the base.
The smaller reductions were made possible in part by increases in filing fees and in the parking surcharge. This was not a step we wanted to take, but in the end, we really had no alternative. On the positive side, many of the statutory changes needed to implement our centralized payables processing initiative and strengthen our statewide collections program are included in the new law. I have attached for your information highlights of the Public Safety Budget Bill.
I want to take this opportunity to thank the MSBA officers, members and, the 1000 supporters. Your letters, emails and personal contacts with legislators truly made a huge difference in getting the message out. Your President, Mike Ford, took up the cause of adequate justice system funding and was relentless in his advocacy at the legislature on behalf of the justice system. HCBA President Mary Vasaly and RCBA President Charles Clippert were early and vocal supporters whose assistance with their delegations was critical as well. Because of you and our strong and unified voice, the Legislature both heard and understood the consequences of inadequately funding the Justice System.
We will face continued budget constraints in the FY 10-11 biennium and, given current projections, in FY 12-13 as well. But through your efforts, we are in a better position today than was anticipated at the beginning of the session. Thank you for your dedication to preserving Minnesota’s justice system.
Eric Magnuson
On Friday, the Governor signed the Omnibus Public Safety Funding Bill which funds the Courts, Board of Public Defense, Civil Legal Services, Corrections and Public Safety. The Legislature adjourned at midnight last night without subsequent changes to those decisions.
Anyone who followed the legislative process this year knows that it was difficult for all those involved. The courts and our partners in the justice system worked tirelessly to spread the message that justice is a core function of government, and that the justice system must be adequately funded in times of financial shortfalls. In fact, when economic times are tough, there is an even greater need for a fully functioning justice system.
As a result of these efforts, we were able to avoid the drastic cuts we feared might occur. The following budget reductions were enacted for FY10-11:
• 1.3% biennial budget reduction for Supreme Court
• .8% biennial budget reduction for Court of Appeals
• .8% biennial budget reduction for District Court
• 3% biennial budget reduction for Board of Public Defense. This reduction can be offset if the Supreme Court agrees to raise the attorney registration fee of up to $75 and places the proceeds in a special revenue account for public defender services
• .8% biennial budget reduction for Civil Legal Services, in addition to the loss of $1 million (7.5%) per year of current funding that was not part of the base.
The smaller reductions were made possible in part by increases in filing fees and in the parking surcharge. This was not a step we wanted to take, but in the end, we really had no alternative. On the positive side, many of the statutory changes needed to implement our centralized payables processing initiative and strengthen our statewide collections program are included in the new law. I have attached for your information highlights of the Public Safety Budget Bill.
I want to take this opportunity to thank the MSBA officers, members and, the 1000 supporters. Your letters, emails and personal contacts with legislators truly made a huge difference in getting the message out. Your President, Mike Ford, took up the cause of adequate justice system funding and was relentless in his advocacy at the legislature on behalf of the justice system. HCBA President Mary Vasaly and RCBA President Charles Clippert were early and vocal supporters whose assistance with their delegations was critical as well. Because of you and our strong and unified voice, the Legislature both heard and understood the consequences of inadequately funding the Justice System.
We will face continued budget constraints in the FY 10-11 biennium and, given current projections, in FY 12-13 as well. But through your efforts, we are in a better position today than was anticipated at the beginning of the session. Thank you for your dedication to preserving Minnesota’s justice system.
Eric Magnuson
Summary of Justice System Budget
HIGHLIGHTS
Minn. Laws 2009, Chap. 83 (SF 802) – Omnibus Public Safety Appropriations Bill
Article 1 Appropriations and Rider Language
• 1.3% biennial budget reduction for Supreme Court
• .8% biennial budget reduction for Court of Appeals
• .8% biennial budget reduction for District Court.
• 3% biennial budget reduction for Board of Public Defense. This reduction can be offset if the Supreme Court agrees to raise the attorney registration fee of up to $75 and places the proceeds in a special revenue account for public defender services.
• .8% biennial budget reduction for Civil Legal Services, in addition to the loss of $1 million (7.5%) per year of current funding that was not part of the base.
• Provides that the Supreme Court shall not certify a judicial or referee vacancy until it has examined alternative options, such as temporarily suspending certification of the vacant position or assigning a retired judge to temporarily fill the position.
• Requests that the Chief Justice continue the Criminal Justice Forum to evaluate and examine criminal justice efficiencies and cost savings.
• Requests that the Chief Justice establish a Civil Justice Forum to evaluate and examine civil justice efficiencies and cost savings.
Article 2 Courts and Public Safety
• Repeals the 90 day deadline for the Supreme Court to certify judicial vacancies and referee vacancies that will be converted to judgeships to the Governor.
• Clarifies that the Chief Justice shall determine the pay and expenses for retired justices who are assigned to hear cases.
• Provides that the county law library fee shall be imposed only once per case.
• Provides that the criminal and parking surcharge shall be imposed only once per case.
• Clarifies and provides uniformity to existing fine distribution statutes to facilitate implementation of Auto-Assess:
o Assigns unique statute numbers to first and subsequent offense penalties for the crime of possession of meth precursors.
o Assigns unique statute numbers to first time and subsequent offense penalties for fifth degree sale and possession of controlled substances.
o Assigns unique statute numbers to DWI offenses to allow tracking of offenses based on the type of vehicle involved (motor vehicle, motorboat, snowmobile, all-terrain vehicles, and off-road vehicles).
o Clarifies that all fines and forfeited bail collected from persons apprehended or arrested by the State Patrol will be split 3/8 to the state general fund and 5/8 to the grade crossing safety account and State trunk Highway fund. If the offense occurs within a municipality, the fine is split 1/3 to municipality, 1/3 to state general fund and 1/3 to grade crossing safety account and State Trunk Highway Fund.
o Establishes a uniform distribution of monies collected for municipal fines in all counties except Hennepin and Ramsey. (Hennepin and Ramsey counties have their own statutory municipal fine split formulas.) The distribution will be 2/3 to the municipality and 1/3 to the state. Eliminates the deduction of court costs of $5, $10, or $15 from these fines.
o Eliminates the 20 percent state share of minimum fines for misdemeanor, gross misdemeanor, and felony offenses. The 20 percent state share was established when fine revenue was retained by counties. As a result of state funding of the courts, the entire amount is submitted to the state and there is no need to separate out the 20 percent share.
o Provides that money collected for prosecution costs shall be paid to the subdivision of government that employed the prosecuting attorney or otherwise provided for prosecution of the case. (At present, court staff does not have the authority to disburse prosecution costs to municipalities when the city attorney prosecuted the case and prosecution costs are ordered.)
o Provides that the offender shall pay the cost of a chemical assessment directly to the entity conducting the assessment. Provides that the court shall impose a chemical dependency assessment charge of $25 (currently $125). The court may waive the $25 assessment charge, but may not waive the cost of the assessment paid directly to the entity conducting the assessment. The $25 assessment charge will continue to be forwarded to the Commissioner of Finance for deposit in the State General Fund.
• Statutorily recognizes the Judicial Branch Collections Program and amends current law to facilitate the Collections Program.
o Provides that the state court administrator under the direction of the Judicial Council may promulgate uniform collections policies and procedures.
o Repeals a court’s authority to order imprisonment for nonpayment of fines. Provides that a fine, day-fine or restitution order is due on the date it is imposed unless the court establishes a later due date or authorizes a payment plan.
o Repeals the ability of probation to request a hearing if the fine ordered has not been paid prior to 60 days before the term of probation expires.
o Removes ability for court to extend probation if it finds that a fine has not been paid.
o Provides that any fine, surcharge, court cost, restitution or fee not paid by the due date may be referred for collection.
o Provides that if a defendant fails to pay a payment plan installment when due, the entire amount remaining becomes due and may be referred to collections.
o Provides that the defendant may contest the referral for collection based on an inability to pay by requesting a hearing no later than the due date.
o Provides that a defendant shall be notified in writing at sentencing that the court may refer the case for collection for nonpayment and collection costs may be added.
o Provides that the Judicial Council shall determine the length of time a defendant’s obligation to pay overdue fines, surcharges, court costs, restitution and fees shall survive (current law provides all overdue court obligation shall survive for 6 years).
• Increases fees and surcharges:
Fee Amount of Increase
Civil Filing Fee $270 to $310
Dissolution Filing Fee $320 to $390
Conciliation Court Filing Fee $50 to $65
Appellate Court Filing Fee $500 to $550
Jury Trial Request $75 to $100
Certified Copies $10 to $14
Uncertified Copies $5 to $8
Subpoenas $12 to $16
Motion Fee $55 to $100
Issuance of executions and writs $40 to $55
Issuance or filing of transcript judgment $30 to $40
Annual Trust Account filings $40 to $55
Deposit of a will $20 to $27
Child Support motions $55 to $100
Parking Surcharge $4 to $12
Public Defender Co-Pay $28 to $75
• Provides that persons who complete a diversion program for a violation of Chap. 169 must pay the criminal surcharge.
• Provides that a majority of the judges in the Fourth Judicial District shall determine where misdemeanor violations bureaus will be located in that district (Eliminates requirement that misdemeanor violations bureaus be established in suburban locations).
• Permits a judgment creditor’s attorney to order disclosure of assets for judgment enforcement in district and conciliation court matters, rather than applying to the court to order the disclosure.
• Eliminates the statutory requirement that original probate documents be retained for 5 years.
• Permits the chief judge of any judicial district to appoint referees in conciliation court.
• Creates 2 interest rates on judgments:
o Judgment or award of $50,000 or less - State Court Administrator shall determine the rate, based on the secondary market yield of one year United States Treasury bills.
o Judgment or award over $50,000 – Interest rate shall be 10% per year until paid.
• Authorizes use of restorative justice programs for first time juvenile petty offenders. Provides that upon successful completion of the sanctions agreed upon for the juvenile, the program will notify the court and the court shall dismiss the charge against the juvenile.
• Authorizes courts to disburse controlled substance minimum fine receipts to juvenile court drug intervention programs as well as drug prevention programs.
Article 3 Public Safety and Corrections
• Provides that all criminal justice agencies and courts that submit reports to the Legislature shall do so by submitting an electronic version to the applicable legislators and 1 electronic and 1 paper copy to the Legislative Reference Library.
• Permits prosecutor to file a motion to have a person sentenced without regard to the mandatory minimum sentence for 5th degree controlled substance sale and possession crimes. When presented with the motion, or on its own motion, the court may sentence the person without regard to the mandatory minimum sentence if the court finds, on the record, substantial and compelling reasons to do so.
• Sunsets the ability of the Commissioner of Corrections to house short term offenders in county jails.
Minn. Laws 2009, Chap. 83 (SF 802) – Omnibus Public Safety Appropriations Bill
Article 1 Appropriations and Rider Language
• 1.3% biennial budget reduction for Supreme Court
• .8% biennial budget reduction for Court of Appeals
• .8% biennial budget reduction for District Court.
• 3% biennial budget reduction for Board of Public Defense. This reduction can be offset if the Supreme Court agrees to raise the attorney registration fee of up to $75 and places the proceeds in a special revenue account for public defender services.
• .8% biennial budget reduction for Civil Legal Services, in addition to the loss of $1 million (7.5%) per year of current funding that was not part of the base.
• Provides that the Supreme Court shall not certify a judicial or referee vacancy until it has examined alternative options, such as temporarily suspending certification of the vacant position or assigning a retired judge to temporarily fill the position.
• Requests that the Chief Justice continue the Criminal Justice Forum to evaluate and examine criminal justice efficiencies and cost savings.
• Requests that the Chief Justice establish a Civil Justice Forum to evaluate and examine civil justice efficiencies and cost savings.
Article 2 Courts and Public Safety
• Repeals the 90 day deadline for the Supreme Court to certify judicial vacancies and referee vacancies that will be converted to judgeships to the Governor.
• Clarifies that the Chief Justice shall determine the pay and expenses for retired justices who are assigned to hear cases.
• Provides that the county law library fee shall be imposed only once per case.
• Provides that the criminal and parking surcharge shall be imposed only once per case.
• Clarifies and provides uniformity to existing fine distribution statutes to facilitate implementation of Auto-Assess:
o Assigns unique statute numbers to first and subsequent offense penalties for the crime of possession of meth precursors.
o Assigns unique statute numbers to first time and subsequent offense penalties for fifth degree sale and possession of controlled substances.
o Assigns unique statute numbers to DWI offenses to allow tracking of offenses based on the type of vehicle involved (motor vehicle, motorboat, snowmobile, all-terrain vehicles, and off-road vehicles).
o Clarifies that all fines and forfeited bail collected from persons apprehended or arrested by the State Patrol will be split 3/8 to the state general fund and 5/8 to the grade crossing safety account and State trunk Highway fund. If the offense occurs within a municipality, the fine is split 1/3 to municipality, 1/3 to state general fund and 1/3 to grade crossing safety account and State Trunk Highway Fund.
o Establishes a uniform distribution of monies collected for municipal fines in all counties except Hennepin and Ramsey. (Hennepin and Ramsey counties have their own statutory municipal fine split formulas.) The distribution will be 2/3 to the municipality and 1/3 to the state. Eliminates the deduction of court costs of $5, $10, or $15 from these fines.
o Eliminates the 20 percent state share of minimum fines for misdemeanor, gross misdemeanor, and felony offenses. The 20 percent state share was established when fine revenue was retained by counties. As a result of state funding of the courts, the entire amount is submitted to the state and there is no need to separate out the 20 percent share.
o Provides that money collected for prosecution costs shall be paid to the subdivision of government that employed the prosecuting attorney or otherwise provided for prosecution of the case. (At present, court staff does not have the authority to disburse prosecution costs to municipalities when the city attorney prosecuted the case and prosecution costs are ordered.)
o Provides that the offender shall pay the cost of a chemical assessment directly to the entity conducting the assessment. Provides that the court shall impose a chemical dependency assessment charge of $25 (currently $125). The court may waive the $25 assessment charge, but may not waive the cost of the assessment paid directly to the entity conducting the assessment. The $25 assessment charge will continue to be forwarded to the Commissioner of Finance for deposit in the State General Fund.
• Statutorily recognizes the Judicial Branch Collections Program and amends current law to facilitate the Collections Program.
o Provides that the state court administrator under the direction of the Judicial Council may promulgate uniform collections policies and procedures.
o Repeals a court’s authority to order imprisonment for nonpayment of fines. Provides that a fine, day-fine or restitution order is due on the date it is imposed unless the court establishes a later due date or authorizes a payment plan.
o Repeals the ability of probation to request a hearing if the fine ordered has not been paid prior to 60 days before the term of probation expires.
o Removes ability for court to extend probation if it finds that a fine has not been paid.
o Provides that any fine, surcharge, court cost, restitution or fee not paid by the due date may be referred for collection.
o Provides that if a defendant fails to pay a payment plan installment when due, the entire amount remaining becomes due and may be referred to collections.
o Provides that the defendant may contest the referral for collection based on an inability to pay by requesting a hearing no later than the due date.
o Provides that a defendant shall be notified in writing at sentencing that the court may refer the case for collection for nonpayment and collection costs may be added.
o Provides that the Judicial Council shall determine the length of time a defendant’s obligation to pay overdue fines, surcharges, court costs, restitution and fees shall survive (current law provides all overdue court obligation shall survive for 6 years).
• Increases fees and surcharges:
Fee Amount of Increase
Civil Filing Fee $270 to $310
Dissolution Filing Fee $320 to $390
Conciliation Court Filing Fee $50 to $65
Appellate Court Filing Fee $500 to $550
Jury Trial Request $75 to $100
Certified Copies $10 to $14
Uncertified Copies $5 to $8
Subpoenas $12 to $16
Motion Fee $55 to $100
Issuance of executions and writs $40 to $55
Issuance or filing of transcript judgment $30 to $40
Annual Trust Account filings $40 to $55
Deposit of a will $20 to $27
Child Support motions $55 to $100
Parking Surcharge $4 to $12
Public Defender Co-Pay $28 to $75
• Provides that persons who complete a diversion program for a violation of Chap. 169 must pay the criminal surcharge.
• Provides that a majority of the judges in the Fourth Judicial District shall determine where misdemeanor violations bureaus will be located in that district (Eliminates requirement that misdemeanor violations bureaus be established in suburban locations).
• Permits a judgment creditor’s attorney to order disclosure of assets for judgment enforcement in district and conciliation court matters, rather than applying to the court to order the disclosure.
• Eliminates the statutory requirement that original probate documents be retained for 5 years.
• Permits the chief judge of any judicial district to appoint referees in conciliation court.
• Creates 2 interest rates on judgments:
o Judgment or award of $50,000 or less - State Court Administrator shall determine the rate, based on the secondary market yield of one year United States Treasury bills.
o Judgment or award over $50,000 – Interest rate shall be 10% per year until paid.
• Authorizes use of restorative justice programs for first time juvenile petty offenders. Provides that upon successful completion of the sanctions agreed upon for the juvenile, the program will notify the court and the court shall dismiss the charge against the juvenile.
• Authorizes courts to disburse controlled substance minimum fine receipts to juvenile court drug intervention programs as well as drug prevention programs.
Article 3 Public Safety and Corrections
• Provides that all criminal justice agencies and courts that submit reports to the Legislature shall do so by submitting an electronic version to the applicable legislators and 1 electronic and 1 paper copy to the Legislative Reference Library.
• Permits prosecutor to file a motion to have a person sentenced without regard to the mandatory minimum sentence for 5th degree controlled substance sale and possession crimes. When presented with the motion, or on its own motion, the court may sentence the person without regard to the mandatory minimum sentence if the court finds, on the record, substantial and compelling reasons to do so.
• Sunsets the ability of the Commissioner of Corrections to house short term offenders in county jails.
About 1,000 Supporters
The 1,000 Supporters network is a collection of more than 1,000 attorneys working to secure adequate funding for Minnesota's justice system, including funding for the courts, legal aid, and public defenders. It is an initiative of the Minnesota State Bar Association and involves legal professionals throughout the state, including public defenders, judges, private practice attorneys, prosecutors, in-house counsel, and legal aid attorneys in an effort to assure that Minnesota maintains an adequate level of funding for administering justice.
Get involved! Invite other legal professionals to join us in this effort. Check for pending action items. Contact your state legislators (or find your legislative districts) to weigh in on funding for the courts, legal aid, and public defenders.
Get involved! Invite other legal professionals to join us in this effort. Check for pending action items. Contact your state legislators (or find your legislative districts) to weigh in on funding for the courts, legal aid, and public defenders.
Update your profile with your legislative districts
We need the legislative district number of every member of 1000Supporters. Without this information, we cannot send targeted messages to you. So far, half of the members have not included their district numbers in their profile. Please enter your address in the legislature's District Finder, then edit your 1000Supporters profile and include this information.
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