Minnesota Lawyer Blog

Just in time for primary election day, Hennepin County District Court Chief Judge James Swenson and Hennepin County Bar Association President Mary Vasaly have issued a press release addressing the cut in jury pay and other effects of budget cuts on the courts. They write that civil filing is now closed on Wednesday afternoons; mandatory non-binding arbitration has been shut down; supervision of parent visitation services has been discontinued; and staff has been cut that would otherwise help victims process their domestic abuse cases.

Vasaly and Swenson continue: “The results:

“The time it takes to process civil judgments has doubled. One attorney noted it will now take more than two months to begin efforts to collect a multi-million dollar judgment. In that time, he fears the money will be hidden or gone. Previously, a writ was ready in two to four weeks;

“Homeowners suing a contractor for work not done will wait four to five months for a hearing date. Meanwhile, there are no funds for the homeowner to finish the incomplete home improvement project;

“If you suspect ill-treatment of your parent in a nursing home, the nursing home may file a harassment claim against you. A hearing request regarding the claim now takes two months. In the meantime, the harassment order remains in effect which bars you from seeing your parent.”

The solution is in the public’s hands. “Tell candidates for public office that it is time to properly invest in our court system. Fair pay for jury service, keeping all Hennepin County courthouse doors open, protecting children and domestic abuse victims, and ensuring that justice is not delayed all depend on it,” Vasaly and Swenson write.

Blog readers, please pass the word, and don’t forget to vote!

The following is Minnesota Lawyer Editor Mark Cohen's column for this week, which we are making available to our blog readers as a special extra. This holiday poem was inspired by the rodent situation at the Hennepin County Government Center. Happy holidays!


‘Twas the day before Christmas and through the courthouse
Not a creature was stirring, except for a mouse
The exterminator won’t arrive ‘til the New Year
So rodents run amok without any fear

The judges don’t let their feet touch the floor
Keeping them suspended eight hours or more
Their quivering clerks look from side to side
Hoping against hope for a piper that’s pied.

Beads of sweat drip from prosecutors’ faces
Fearful defense lawyers keep losing their places
Every bailiff unlatches the safety on his gun
Mice may be small, but they certainly can run.

Suddenly out in the lobby there arises a great clatter
An army of tiny paws start to pitter and patter
Chief Judge Lucy Wieland dashes out in a flash
To go to the Capitol and beg for more cash

Everything is locked tight when she arrives in St. Paul
Nobody’s done much there since the start of last fall
When what to Wieland’s startled eyes should appear
But Tim Pawlenty sporting his gubernatorial hair.

“We need more funding now to save us from mice!”
And to emphasize her point Weiland repeats it twice
Pawlenty gives her a long and sympathetic sigh
Speaking softly, but firmly, as he re-adjusts his tie.

“I want you folks to know that I feel your pain,
But I’m running late for a meeting with John McCain”
Into his car the governor quickly takes flight
Giving a wink and a nod as he drives out of sight.

Wieland walks sadly back to the Capitol lot
Only to find her car’s been towed from its spot
While most workers leave early on Christmas Eve
Tow truck drivers don’t give anyone a reprieve.

The chief judge takes a bus back to her court
She is now near the end of a workday that’s short
She finds the building’s now been completely overrun
Life’s a rat race, and it’s the mice who’ve won.

Wieland pulls out her cell and can be heard to say
“I need a book delivered, that’s right, right away”
And what book does she order? Oh please!
The answer is obvious — “Who Moved My Cheese?”

So the mice will continue to make merry ‘til ‘08
At which point they’ll meet a much darker fate.
Hennepin workers, I’m sorry to make light of your plight
Happy holidays to all, and to all a good night!

Mark A. Cohen can be reached at (612) 584-1531, or by e-mail at mark.cohen@minnlawyer.com. He offers in advance his most fervent apologies to Clement Clarke Moore, who deserves much better for his classic 1822 poem, “A Visit from St. Nicholas.”

The Hennepin and Beltrami County court systems are taking further steps to crack down on drunk driving -- and even assisting offenders in the process.

Earlier this year the Minnesota Legislature chose the two counties to test an “ignition interlock” program in the state. Ignition interlock is a device placed in a car that requires the driver to blow into it before starting the engine. If it measures alcohol in the driver’s breath, the vehicle won’t start.

The pilot program, which began in July, allows repeat DWI offenders who’ve had their licenses revoked to get them back sooner if they agree to installation of the ignition interlock in their cars. For many DWI offenders, getting their license back means they can finally get back to work. At $4 a day, however, the device isn’t cheap.

In a recent press release announcing the pilot program, Hennepin County District Court Chief Judge Lucy Wieland noted that 45 states have laws either authorizing or requiring use of the ignition interlock for repeat DWI offenders.

As one of the last states to implement the ignition interlock system, Minnesota seems a bit behind the times with this one. If it works -- and apparently it has elsewhere -- I guess it’s better late than never.