Minnesota Lawyer Blog

A couple of strange-but-true recent news items:

Duluth native Howard O. Kieffer, who has been accused of impersonating a lawyer in federal courts in at least 10 states, pleaded not guilty in Bismarck, N.D., to two felony charges, mail fraud and making false statements. Among other clients he quasi-represented, Kieffer defended former St. Louis Blues hockey player Michael Danton, who was charged four years ago with plotting to kill his agent. That didn't work out too well: Danton pleaded guilty and is serving a 7 1/2-year sentence at a minimum-security federal prison in Sandstone, Minn.

Meanwhile, Gabriel Schwartz, a Denver personal-injury lawyer, says he was drugged and robbed of $50,000 in cash, clothing and jewelry (including a $30,000 watch) during the Republican National Convention. Unlike the rest of the Colorado delegation, which stayed at the $130-a-night Four Points Sheraton in St. Paul, Schwartz stayed at the Hotel Ivy in Minneapolis, where rooms range from $300-$3,000. That's where he says he was ripped off by a woman he picked up in a bar. Interviewed during the convention, Schwartz was asked what change he would like to see in a McCain presidency. His response: “Less taxes and more war. Bomb Iran!”

Some people are pretend lawyers, and some people you sort of wish were pretend lawyers.

Courtroom 101 of the Ramsey County Law Enforcement Center Wednesday morning was bustling but well organized, as dozens of court employees, sheriff’s deputies, volunteer defense attorneys, county prosecutors, defendants and lookers-on conferred, scattered, and waited for their turn in front of District Court judge Joanne Smith.

Of the nearly 300 protesters arrested Monday and Tuesday in confrontations related to the Republican National Convention, about 80 were on the arraignment center docket for Wednesday.

Although it took until nearly 11 a.m. for the first case to be called, Smith and the attorneys present made short work of most cases, rambling through more than 10 in the first half-hour -- presumably to complete arraignments for defendants who by noon would have been held for 36 hours.

First up was Andrew Paul Temperante, who was charged with unlawful assembly. Volunteer defense attorney Conor Tobin presented a bail argument for Temperante -- who showed some civic pride by appearing in a Minnesota Timberwolves jersey -- by saying that his client was a lifelong resident of the Twin Cities who held a fulltime job at the Wedge Co-op in Minneapolis. Smith saw it the defense’s way, and released Temperante on reduced bail of $100 while continuing his initial court appearance until Sept. 25.

Noting the pace at which cases were being processed, one volunteer attorney was heard to remark, “My client has 10 people ahead of her, but the way they’re moving, I don’t dare leave to use the bathroom.”

Since (protest arrests aside) the Republican National Convention is occurring primarily in the political rather than the legal realm, we have not put much about it here. (I would suggest checking out two of our sister publications, the St. Paul Legal Ledger Capitol Report and Politics in Minnesota, for local convention coverage.)

I will say that for selfish reasons I was disappointed to hear that John McCain had jilted the governor of our fair state at the vice-presidential altar.

If McCain should win the election, I have no doubt Tim Pawlenty's efforts will be amply rewarded with some high-falutin' post in D.C. So, despite media reports of some bruised feelings in how the VP-selection process played out, I suspect Pawlenty will quickly shake off the dust and go about the business of stumping for his candidate. Therefore, it's not for Pawlenty you should be shedding tears, but for Minnesota Lawyer, which has now lost a great potential hook to this exciting election -- the first Minnesota lawyer on a major party's presidential ticket in 24 years.

There are some striking similarities between Alaska Governor Sarah Palin and Pawlenty. Both are governors who hail from Northern states, both like winter sports, both have sterling conservative credentials and both have last names that start with "P" (which apparently already has already caused some confusion). There are, of course, a few major differences (e.g. that pesky Y-chromosome Pawlenty carries).

There is another difference that interests me -- unlike Pawlenty, Palin is a nonlawyer. The choice creates a contrast between the competing party tickets. Both candidates on the Democratic presidential slate are lawyers, while both Republican candidates are not. Despite his lack of legal training, McCain can certainly hold his own in a debate. Palin remains a question mark at this point. It will be interesting to see what happens when she debates Joseph Biden, the formidable senator from the great state of Delaware who graduated from law school when Palin was 5. Going in as such an underdog could play to Palin's advantage. We will have to wait and see.

In the meantime, I would suggest that the lawyer candidates keep their distance from the current VP, who has a history of gunning for lawyers ...

I spent this morning over at Civic Fest, which bills itself as a very Minnesota celebration (whatever that means). For those of you who have not been following it, Civic Fest is a family-friendly "multimedia experience" focusing on local and national history, including the American presidency. Among the traveling exhibits are a miniature recreation of the White House, historical documents (including the Declaration of Independence), a display of first lady gowns, a mock Oval Office and a very impressive collection of historical memorabilia. The exhibits, which are at the Minneapolis Convention Center, have been timed to coincide with the Republican National Convention. It's a great way to share in the convention excitement, catch up on your history and have some fun. There's definitely a lot there of interest to lawyers, plus lots of entertaining stuff for kids and other family members. I'd encourage everybody to attend.

I was there in the capacity of a volunteer, having responded to Mayor R.T. Rybak's call for local citizens to pitch in. Most of the time I spent directing folks onto the Air Force One exhibit and stationed at a prototype of Ronald Reagan's presidential limo. My favorite comment came from a precocious little girl who stuck her head by the open door of the frequently mothballed limo, took a deep whiff and exclaimed, "It smells like my grampy."

In any event, here are two pictures I took during off periods on my iPhone. The first (at left) is of the message informing members of the public that one of the electronic speakers at the presidents' exhibit was experiencing technical difficulties. (Poor Dick Nixon still can't catch a break.) I like the fact that whoever wrote the "pardon" message apparently had a sense humor. (If you can't see the writing, click on the photo to make it bigger.)

The second photo (at right) is of a Lincoln impersonator who circulated around the exhibit hall. Someone said to me that this faux Lincoln was in fact a little taller than the real McCoy, but the hat used was a bit shorter, so it all evened out. I have no idea if this is actually true, but I like the symmetry if it is. In any event, I could not hear what Lincoln was saying to this woman standing in line at the miniature White House. Perhaps he dropped by to tell her to make sure she checks out the Lincoln bedroom. (File that one under great presidential pickup lines.)

Here’s an idea for your next office pool: How many protesters will be arrested at the Republican National Convention in September?

There seems to be some disagreement among various parties with an interest in such disparate topics as maintaining law and order and maintaining citizens’ rights to protest. The American Civil Liberties Union of Minnesota predicts 800 arrests during the four-day convention, while the St. Paul Police Department thinks the figure will be a fraction of that.

Meanwhile, however, Ramsey County Sherriff Bob Fletcher said the ACLU’s projection might be more accurate. Complicating matters is the recent history of GOP conventions: 1,800 were arrested at the 2004 RNC in New York City, while the 2000 convention in Philadelphia saw only about 600 arrests. (Chicago ’68 notwithstanding, Democratic conventions tend to be much more peaceful affairs.)

We’re not bookmakers, but if we were to devise an “over/under” figure, it would lean closer to the Philadelphia total. After crunching the numbers, our official prediction: 755 arrests, or about one for every three Republican delegates in attendance.