Congratulations are due to St. Paul attorney Hugh Markley, who was honored last weekend by the Ramsey County Bar Association for more than three decades of pro bono work on behalf of Southern Minnesota Regional Legal Services.
Markley received the Ramsey County Bar Association's 2008 Pro Bono Award at the recent Bench & Bar Benefit in Roseville. Taking time out from his general practice, Markley has devoted thousands of hours to taking on family law and child custody cases for low-income clients throughout Ramsey County.
Markley spent time as a foster child, something that has given him a keen appreication of the needs of at-risk kids and families. The current and coming tough economic times mean more and more lawyers like Markley will be needed -- here's hoping he's an inspiration to young and old lawyers alike to give a little bit back.
Showing posts with label family law. Show all posts
Showing posts with label family law. Show all posts
Wednesday, November 12, 2008
Wednesday, May 30, 2007
Is the day of do-it-yourself law coming?
Minnesota Lawyer recently ran an interview with Second District Court Judge Kathleen Gearin in which she lamented the rise in pro se litigants, especially in criminal and complex civil cases. “You’re seeing things like pro se medical-malpractice suits, and they’re really time-consuming,” she said. “The litigants become frustrated because they don’t know the law, and they end up making a lot of procedural mistakes.”
That’s only one reason judges and lawyers sometimes take a dim view of so-called do-it-yourself defendants. As was pointed out in yesterday’s Star Tribune, lawyers don’t appreciate having work taken from them.
But the surge in pro se litigants – and of entities such as Minnesota’s and Hennepin County’s legal self-help services – seems to reflect market pressures as much as anything. The poor, recent immigrants, cash-strapped divorcees and others without the means to hire an attorney are finding that with some initiative and some expert advice, they can more easily have their day in court. Without these avenues, these often-disenfranchised folks would only be more so.
Gearin certainly has a point: Some cases are simply too complicated for the average citizen to take on alone. But in some areas including family law, maybe it’s time to remove the sense of voodoo that many people have about the practice of law and give them a chance to speak for themselves.
That’s only one reason judges and lawyers sometimes take a dim view of so-called do-it-yourself defendants. As was pointed out in yesterday’s Star Tribune, lawyers don’t appreciate having work taken from them.
But the surge in pro se litigants – and of entities such as Minnesota’s and Hennepin County’s legal self-help services – seems to reflect market pressures as much as anything. The poor, recent immigrants, cash-strapped divorcees and others without the means to hire an attorney are finding that with some initiative and some expert advice, they can more easily have their day in court. Without these avenues, these often-disenfranchised folks would only be more so.
Gearin certainly has a point: Some cases are simply too complicated for the average citizen to take on alone. But in some areas including family law, maybe it’s time to remove the sense of voodoo that many people have about the practice of law and give them a chance to speak for themselves.
Thursday, May 10, 2007
High court rules on third-party visitation
The Minnesota Supreme Court today struck down as unconstitutional a portion of the visitation statute that places the burden on a custodial parent to prove that visitation by an interested third-party would interfere with the parent-child relationship.
Marilyn Johnson and Nancy SooHoo ended a 22-year relationship in the fall of 2003. During that time, Johnson adopted two children from China. SooHoo did not adopt either child but the couple co-parented the children and recognized themselves as a family unit. SooHoo sought visitation rights. A Hennepin County District Court judge awarded SooHoo visitation.
The Court of Appeals upheld the trial court judge's decision, and the Minnesota Supreme Court today affirmed that decision.
However, in a portion of the decision not affecting the visitation award in the present case, the high court found the burden of proof is be on the party seeking visitation to establish by clear and convincing evidence that the visitation will not interfere with the parent-child relationship.
The 20-page decision is SooHoo v. Johnson.
Marilyn Johnson and Nancy SooHoo ended a 22-year relationship in the fall of 2003. During that time, Johnson adopted two children from China. SooHoo did not adopt either child but the couple co-parented the children and recognized themselves as a family unit. SooHoo sought visitation rights. A Hennepin County District Court judge awarded SooHoo visitation.
The Court of Appeals upheld the trial court judge's decision, and the Minnesota Supreme Court today affirmed that decision.
However, in a portion of the decision not affecting the visitation award in the present case, the high court found the burden of proof is be on the party seeking visitation to establish by clear and convincing evidence that the visitation will not interfere with the parent-child relationship.
The 20-page decision is SooHoo v. Johnson.
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