Challenges Pending, Challenges Met

By Patrick J. Kelly

The cusp of a new Bar year positions us uniquely at a point above the fray where reflection on what’s gone before, where we stand, and what we hope to accomplish can briefly be indulged before the press of issues and events overtakes.  Since I’ll pass this way but once, here are a few observations from the cusp, offered in hope that the view ahead remains clear, regardless whether the road leads uphill or down.

A Fond Remembrance

The final days of Sue Holden’s presidency ended with a soft, summer morning in July. The first major challenge of her presidency occurred on August 29, 2005, when the catastrophe of Hurricane Katrina impacted the lives of a region and the soul of a nation. You have heard and read about the great numbers of Minnesota attorneys who responded to her call for assistance, and may count yourself among them. As a result of these efforts there are many stories of gratefulness from the South to the attorneys of Minnesota. My own such story involves an event that I participated in at the University of Chicago in March. A reserved, conservative, Mississippi attorney asked if I was from Minnesota. My answer, proudly stated, was yes. What followed was an embrace along with the statement, “We will never forget Minnesota and its attorneys.” This attorney’s statement, and the depth of its emotional expression, eloquently sums up the significance of Ms. Holden’s presidency.

The Year Ahead

Bar presidents are often asked, “What is your agenda?” The response is, “The agenda of the membership.” I’m hoping this year it will not involve global warming or bird flu, but it will involve response to the priorities of the members. Thus far the following issues are in the forefront (in no specific order):

The Challenge of Access

Place yourself in this scene: It is a cold Minnesota morning in February, 2005, like so many others before it and just as many after. This day is typical for most people as they scurry to their cars and buses in an attempt to rush to work and back home again without experiencing the hostility of winter. But for one woman and her three-year-old child it may be the most important day of their lives.

She is a 20-year-old single mother walking into the Ramsey County Courthouse for an arraignment. Her case is one of 1,973,786 cases that were filed in 2005. The good news is that, thanks to an incredibly devoted and knowledgeable team of professionals equipped with some of the most sophisticated technology available, her case will be given the careful consideration that it requires and deserves.

The judicial system in Minnesota includes 280 district judges in ten districts across the state, 16 judges on the Court of Appeals, and seven justices on the Supreme Court. Judges, court personnel, and the thousands of practicing attorneys in this state devote their professional existence to provide every citizen of Minnesota with access to justice.

Whether the number of total case filings increases by one or two percent or decreases by the same amount has little practical effect on the tremendous workload for those charged with delivering justice to the people of our state. In 2005 there were over 150,000 civil cases filed in Minnesota courts and more than 1.5 million minor and major criminal cases filed. With numbers this daunting, it is amazing that any considerable amount of time or effort can be spent handling any party’s case, and yet parties consistently receive careful attention.

Although over 1.9 million cases were filed in 2004, the courts disposed of a number of cases that equals nearly 97 percent of all the cases filed in the same year. This is an accomplishment that should give pride to everybody who plays a role in the Minnesota judicial system. It is because of hard-working legal professionals who have the ability and the desire to help others that we have maintained a high standard of professionalism.

After such a success it could be easy to rest on our laurels and give ourselves a pat on the back for a job well-done. Such behavior would never be seen or accepted amongst Minnesotans who are passionate about making certain that every party has had a genuine opportunity to have their day in court. We will continue to strive to treat all parties with courtesy and respect. It might be easier to view a case filing as just another court number, but behind each number there is a story. It is of the utmost importance that the story is told to an unbiased and impartial court that can accurately assess the situation and deliver justice.

We must not allow ourselves to be intimidated by the enormous number of cases that come to our courts each year. Instead we must continue to strive to find new ways to become more efficient without forgetting the great responsibility that accompanies our privilege to serve the people of Minnesota. If we can succeed in doing this we can continue to provide our citizens with legitimate access to justice. If not, thousands of Minnesotans like the 20-year-old single mother will be left out in the cold.

PATRICK J. KELLY is president of the Minnesota State Bar Association.  A founding partner in the St. Paul law firm Kelly & Fawcett. P.A., he practices in areas of municipal law, labor and employment law and litigation, real estate, and administrative hearings.