Court Rules & Administration Committee

Minutes

11/13/07 | 12/11/07 | 1/8/08| 2/12/08 | 3/12/08 | 4/8/08 | 5/13/08

8/12/08 | 9/9/08

Minnesota State Bar Association
Court Rules and Administration Committee
September 9, 2008
Minutes


Present: Chris Larus, Sam Glover, Jim Moore, Bev Aho, Diane Bratvold, Stewart Loper, Chuck Webber, Robert DeMay, Tracy Harris, Rick Snyder, Steve Hirsh (MSBA staff)
By telephone:    Bart Gernander, Craig Foss

1.         Introductions
2.         Minutes of August meeting approved
3.         Reports
a.         Criminal Rules – nothing to report
b.         Civil Appellate Rules – a number of items on the agenda. Highest priority seems to be rule on supercedeas bonds. Other issues involve minor revisions to rules. Next meeting in December. Chuck and Diane will ask about availability of agenda and minutes for public posting.
4.         Policy on role of MSBA representatives to rules committees
a.         Motions to amend:
i.          Add in 3rd sentence after “includes”: “regularly attending meetings of the Supreme Court rules committee to which he or she has been appointed, and …”. Second, passed.
ii.          2nd sentence:  add “The appointee should listen to opinions expressed by members of the MSBA, but …”. Second, passed.
b.         Motion to adopt as amended. Second, passed.
5.         Process for communicating court rules information to MSBA membership
a.         Reporting form developed by Jim Moore
i.          Form is approved by consensus, as presented.
ii.          Chairs will post form to listserve with cover note and request for completed forms to be sent to listserve.
iii.         Each MSBA representative should check with their respective rules committee chairs about reporting on rules committee discussions, and distributing agendas and minutes.
iv.         Reports will be posted on this committee’s web page.
v.         Occasional postings in Legal News Digest.
vi.         Occasional inclusion in “MSBA in Action” in Bench & Bar
6.         MSBA appointee to General Practice Rules Committee
a.         Erica Strohl has changed employment, but wants to continue as MSBA representative to the Supreme Court committee.
7.         Other business:
a.         Provide opportunity at meetings to discuss content of rules committee reports, or other practice issues that committee members encounter.
8.         Next meeting: November 11

Minnesota State Bar Association
Court Rules and Administration Committee
August 12, 2008
Minutes


Present:            Chris Larus, Melissa Chawla, Sam Glover, Jerry Geis, Jim Moore, Stewart Loper, Jon Schmidt, Rod Mason, Rick Snyder, Rob Gadtke, Larry Rocheford, Bev Aho, Tracy Harris, Steve Hirsh (MSBA staff)
By telephone:    Bart Gernander, Craig Foss
1.         Introductions
a.         Steve to distribute new committee roster
2.         Minutes of June meeting approved, subject to any corrections to be offered by email
3.         Report on 2007 activities
a.         Jon Schmidt prepared summary of policies adopted last year.
i.          Committee to review and formally adopt at next meeting.
b.         Chris reviewed how the committee filled MSBA seats on the rules committees this past year
4.         Reports
a.         Civil Appellate Rules (Diane Bratvold):
The committee had its first meeting last week.  It is looking at revisions to a number of rules. The most significant changes under consideration are for notice of review and the supersedeas/appeal bond rules. The notice of review rule, which is like the federal cross-appeal rule, may be revised to clarify when a party must file a notice of review.  For the supersedeas/appeal bond rule, the committee is considering fairly extensive revisions and plan to take some time.  Although the committee has identified some problems, it hasn’t yet drafted a revised rule.  Chuck Webber will do some research into rules adopted by other jurisdictions. Some approved amendments will go the Supreme Court this fall for approval and adoption in 2009.  The supersedeas/appeal bond issue will carry over into next year.

b.         Criminal Rules (Richard Frase):
The major issue pending is prosecutorial agreement to waiver of jury trials, which will be decided at the next meeting, September 20th.

5.         Communication between rules committees and MSBA membership
a.         No response from court about posting committee agendas, minutes, staff contact
b.         Ask MSBA reps to check with their committee about what info they are willing to share
i.          Create list of MSBA reps (Steve).
ii.          Create group on MyPractice?
iii.         Create reporting form for reps to use to give regular updates
1.         Jim Moore will draft and distribute for next meeting
c.         Discussion to be continued at next meeting.
6.         2008-2009 Meeting Schedule
a.         Meet in September, then every other month
b.         2nd Tuesday, 12:15, RKMC
7.         Agenda for next meeting
a.         Adopt report drafted by Jon Schmidt
b.         Adopt expectations for MSBA representatives to court committees
c.         Process for communicating court rules committee info to MSBA membership

 

Minnesota State Bar Association

Court Rules and Administration Committee

May 13, 2008

Minutes

Present: Tony Leung, Chris Larus, Rick Snyder, Peter Carter, Jon Schmidt, Diane Bratvold, Stewart Loper, Jim Moore, Chuck Webber, Robert DeMay, Steve Hirsh (MSBA staff)
Phone: Sam Glover

1. Introductions

2. Minutes from April - approved

3. Report and recommendation for Civil Rules Committee
" Chuck Webber left the room
" Interview committee: Tony Leung, Chris Larus, Bart Gernander
" Applicants: Chuck Webber, Tom Fraser, Peter Gray
" Recommendation of interview committee: Tom Fraser
" After consideration of the interview committee's report and discussion, a motion was made to recommend Tom Fraser to MSBA President Melendez for the MSBA seat on the Civil Rules Committee. Motion seconded, passed.

4. MSBA seats on Civil Appellate and General Practice Rules committees
" Interview committee for both positions: Bob DeMay, Jim Moore, Rick Snyder, Peter Carter, Chris Larus
" Chris will schedule meeting

5. Role of MSBA representative to the court committees
" Does MSBA representative vote based on MSBA policy?
" Can MSBA representative take a position contrary to a stated MSBA policy?
" Consensus: MSBA representative free to express their own judgment. Emphasis should be on MSBA representative communicating with this committee and the MSBA membership. This will be communicated to candidates for the MSBA seats.
" Committee will consider formal policy to embody this consensus, to be considered at next meeting. Jon will do a draft.

6. Co-chair for 2008-2009 - invitation for other members to serve as co-chair.

7. Reports from rules committees
" No reports

Court Rules & Administration Committee

April 8, 2008

MINUTES

Present: Tony Leung, Jim Moore, Stewart Loper, Diane Bratvold, Rick Snyder, Jon Schmidt, Jerry Geis, Robert DeMay, Chuck Webber, Richard Frase
By telephone: Tracy Harris, Craig Foss, Bart Gernander

1) Introductions
2) Minutes - approved
a) send out March minutes to listserve
b) Steve will confirm that the court received the Juvenile Protection Rules recommendation
3) Civil Rules Committee applications
a) Interview committee: Chris Larus. Tony Leung, Bart Gernander. Moved, second, approved.
b) Steve will arrange a meeting for the group
4) Nominations for General Practice and Civil Appellate
a) Steve will put notice out on web page, LND, and listserve
b) Steve will check with Rules Committee staff about what the commitees' needs are, and will circulate that information on the listserve
5) Submitting selection to Bar President
a) Steve will include Q&I's of all candidates along with the committee's recommendation
6) Comments on proposed Expedited Child Support Process modifications
a) Steve to have memo included in LND, committee web page
7) Reports from rules committees
a) Criminal Rules (Richard Frase)
i) Ongoing process to improve technical aspect of rules
ii) Proposal from county attorneys that prosecution must agree to waive jury. Committee has heard from County Attorneys association and defense bar. Decision will be made at next meeting. Prosecutors will probably seek legislation.
iii) Consideration of e-charging - generating and filing complaints electronically, filing reports electronically
8) Communicating info to MSBA members
a) Establish links for each committee on web page
b) Include contact info for committee staff
c) Steve will check with Fred Grittner if committee minutes and agenda are public and appropriate to post. If not; then brief summary of committee's discussions.
9) New Business
a) None
10) Adjourn

Court Rules & Administration Committee

March 12, 2008

MINUTES

Present: Chris Larus, Jim Moore, Stewart Loper, Rob Gadtke, Diane Bratvold, Rick Snyder
By telephone: Bart Gernander

Introductions
1. Minutes - approved
2. Fred Grittner memo re: rules committees make-up and status
1. Steve to confirm status of No Fault Arbitration committee nominees
3. Nomination Process
1. Par 4 of selection process: change "chairs" to chair(s)?
1. Steve to make clerical change
2. Recommendation criteria in February minutes
1. criteria are not listed in any order of priorities
2. Add "other considerations for inclusiveness". Moved, 2nd, passed
4. Juvenile Protection Rules nomination (Stewart Loper)
1. interview committee recommends Jonathan Steinberg
2. motion to accept subcommittee's recommendation, 2nd, approved
1. Steve will forward recommendation to President Melendez
3. Chairs will contact nominees who were not selected to extend the Committee's thanks
5. Review of selection process
1. important to check with the rules committee to see what its needs are
2. intangible qualifications are important to consider
3. references/letters of recommendation are important.
1. motion to amend procedure to invite references or letters of support, 2nd, passed
4. speaking with persons referenced in resume is helpful
5. process is working well
6. response to applicants not selected
1. letter and/or phone calls from chairs, after President accepts recommendation and sends nomination letter
2. move to add to procedure, 2nd, passed
6. appointments to Civil Rules and General Practice Rules committees
1. Civil Rules
1. Post notice of vacancy
2. Q&Is available by next meeting
2. General Practice
1. Publicize notice after next meeting
7. Reports
1. none
8. Expectations of appointed members
1. memo after each rues committee meeting
2. chairs will decide whether to invite member to address this committee
3. goal is for each committee member to meet with committee at least once per year - liaison to keep track (currently Sam Glover)
9. New Business - none

Minnesota State Bar Association
Court Rules and Administration Committee
February 12, 2008

Meeting Minutes

Present: Tony Leung, Diane Bratvold, Stewart Loper, Rob Gadtke, James Moore, Tracy Harris, Rick Snyder, Jon Schmidt, Peter Carter, Robert DeMay, Steve Hirsh (MSBA staff)

By Telephone: Bart Gernander

1. Introductions

2. January minutes - approved

3. Fred Grittner's memo re: rules committees terms

a. Need to add No-Fault Arbitration Committee. Steve will contact Fred.

4. Committee nomination procedure

a. Amendment to procedure. Motion to amend paragraph 4: "If necessary, the Court Rules & Administration chairs will schedule interviews for nominees with the full committee, or with a subcommittee", by replacing "If necessary" with "As appropriate under the circumstances". Second, passed unanimously.
" Steve will update committee binder and website.
" Steve will send a copy to Fred Grittner

b. Criteria for making recommendation: these criteria should be considered by when evaluating applications for court rules committee seats:
" MSBA member
" Interest in committee's subject matter
" Experience in committee's subject matter
" Diversity of perspectives
1. geography
2. gender
3. ethnicity
4. experience
" practical knowledge of committee's subject matter
" not motivated by a particular agenda
" willingness to communicate with the Court Rules committee about issues under discussion
" specific needs of the rules committee as identified by the rules committee chair
" other criteria as appropriate for the committee under consideration

5. Recommendation for Juvenile Protection Rules Committee

a. Interview committee: Diane Bratvold(convener), Stuart Loper, Rob Gadtke
b. The interview committee will contact the Juvenile Protection Rules Committee chair for input about the committee's needs, interview the 3 applicants, and make a verbal report and recommendation at the next meeting

6. MSBA seats on Civil and General Practice Rules committees:
a. Table to next meeting
b. Evaluate how current selection process is working

7. Reports

a. Juvenile Delinquency Rules: Kerry Meyer's first meeting is next week. She will report to committee after that meeting.

8. Agenda items for next meeting

a. Review committee charter
b. Appointments to Civil and General Practice Rules committees
c. Expectations for MSBA representatives on court committees
d. Discussion of this committee's responsibilities other than appointments
" Receive information from court rules committees through MSBA representatives
" Communicate rules committee information to MSBA members
" Stay ahead/abreast of emerging issues

9. Meeting schedule: Second Tuesday through June. Dates are March 11, April 8, May 13, June 10. All meetings at 12:15 at RKMC

Minnesota State Bar Association
Court Rules and Administration Committee
January 8, 2008

Meeting Minutes

Present: Sam Glover (Samuel J Glover & Associates), Diane Bratvold (Briggs & Morgan), Stewart Loper (Chestnut & Cambronne), Rob Gadtke (Gadtke & Beyer), Chuck Webber (Faegre & Benson), James Moore (Mpls City Attorney' Office), Tracy Harris (Stearns Co. Atty's Office), Steve Hirsh (MSBA staff)

By Telephone: Chris Larus (co-chair, Robins Kaplan), Sherry Bruckner (Legal Services of Northwest MN)

Guests: Judge Kerry Meyer (4th Jud. Dist.)

1. Introductions

2. December minutes - approved

3. MSBA appointment to Juvenile Protection Rules Committee

a. Judge Kerry Meyer available and willing to serve. She gave a brief description of her background and interest.
b. Committee voted to forgo formal recruitment/selection process because the Supreme Court asked for an MSBA nominee by January 16.
c. Motion to recommend Judge Meyer for the seat, second, passed unanimously.
d. Steve will transmit the committee's recommendation to Brian Melendez

4. Reports
a. Civil Rules (Chuck Webber)
" Complete info on membership not yet obtained
" Justice Dietzen will try and collect information
" 20 seats
" No current MSBA seat
b. Juvenile Protection (Rob Gadtke)
1. Number of seats on the Committee: Approximately 28. The number of seats varies depending upon the employment status / classification of Committee membership.
2. The length of the members' terms: Member terms last for three years.
3. The maximum number of terms allowed: Each member is allowed to serve for a maximum of two terms.
4. Whether the committee has an MSBA seat: Yes. The seat has yet to be appointed.
5. Dates when each member's term expires and whether the member will be eligible reappointment: Each member's name and year of term expiration is listed below. Those members with asterisks beside their year of term expiration are not eligible for reappointment.
A. Jody Alholinna - 2011*
B. Sharon Benson - 2009
C. Hon. Susan Burke - 2009
D. Hon. Janet Barke Cain - 2009
E. Gail Clapp - 2011*
F. Heidi Drobnick - 2008
G. Hon. Kevin Eide - 2008
H. Teresa Fredrickson - 2009*
I. Julie Friedrich - 2009
J. Dianne Heins - 2008*
K. Hon. Margaret Shaw Johnson - 2008
L. Shari Larson - 2011*
M. Shireen Lee - 2008
N. Jessica Maher - 2009
O. Hon. John McBride - 2009
P. Ronda Morehead - 2009
Q. Bonnie Risius - 2009
R. Hon. Wally Senyk - 2011*
S. Hon. John Solien - 2008
T. Hon. Mark Starr - 2011*
U. Hon. Terri Stoneburner - 2011*
V. Diana Sweeney - 2008
W. Nancy Wiltgen - 2009
X. Hon. Renee Worke - 2008
Y. Hon. Lorie Gildea, Supreme Court Justice liaison

Staff

Judith Nord
Staff Attorney
Minnesota Judicial Branch
(651) 282-3972

Ann Ahlstrom
Staff Attorney
Minnesota Supreme Court

" MSBA seat - to be appointed
" Tracy Harris is interested in serving.
" Steve will check with staff to confirm that the Court is ready for an MSBA nominee.
c. Juvenile Delinquency (Pete Cahill)
" Judge Meyer nominated for MSBA seat.
d. General Rules of Practice (Bob DeMay)
" No report
e. Criminal Rules (Richard Frase)
" No report
f. Public Access (Jim Moore)
" Need to meet with Justice Paul Anderson regarding MSBA participation
g. No-Fault Arbitration
" No report
5. Communicating with MSBA membership and role of Court Rules Committee liaisons
a. Getting information about committees
" Sam Glover volunteered to serve as contact to the MSBA representatives to the rules committees. He will check with them and report back to the committee.
b. Disseminating information to MSBA membership
" Legal News Digest
" Committee web page
" Notices to MSBA sections as appropriate
" E-mail to MSBA membership as appropriate
" Is there a Supreme Court database of people who get court news updates?
c. What to communicate
" Vacancy notices
" TBD based on reports from MSBA representatives
6. How to ensure MSBA representation on rules committees - tabled
7. Liaison to No-Fault Arbitration Committee
a. Chuck Webber will collect membership information

Next Meeting: Feb, 12, 12:15, RKMC
March 11

Minnesota State Bar Association
Court Rules and Administration Committee
December 11, 2007

Meeting Minutes

Present: Judge Tony Leung (co-chair, Hennepin County), Chris Larus (co-chair, Robins Kaplan), Jerry Geis (Briggs & Morgan), Sam Glover (Samuel J Glover & Associates), Jon Schmidt (Briggs & Morgan), Diane Bratvold (Briggs & Morgan), Stewart Loper (Chestnut & Cambronne), Richard Snyder (Fredrikson & Byron), Rob Gadtke (Gadtke & Beyer), Chuck Webber (Faegre & Benson), James Moore (Mpls City Attorney' Office), Steve Hirsh (MSBA staff)
By Telephone: Sherry Bruckner (Legal Services of Northwest MN)

1. Introductions
2. November minutes - approved
3. Updates
a. Civil Rules (Chuck Webber)
" No openings currently.
" Judge Dietzen and Justice Meyers select members
" They are agreeable to having an MSBA seat - not clear if this means the MSBA can nominate someone for the next seat, or if a new spot will be created for the MSBA.
" Chuck will check about the MSBA seat, and about the length of the member terms
b. Juvenile Protection (Rob Gadtke)
" Nothing to add since last report
" Rob will check with Pete Cahill to see if what information from the Juvenile delinquency committee also applies to Juvenile Protection committee.
c. Juvenile Delinquency (Pete Cahill)
" The committee is currently chaired by the Honorable Michelle Larkin, and Justice G. Barry Anderson is the Supreme Court Justice assigned to oversee the committee.
" While there is currently no MSBA representative on the committee, one is expected to be appointed soon.
" In the past, the committee met 6-8 times per year, depending on the urgency of the matters before the committee. There is not yet a meeting schedule in place for 2008.
" Regarding upcoming issues, the only one issue that will certainly be addressed is the under-advisement timelines applicable to juvenile delinquency matters. Judicial Council has requested that each committee review these timelines to adopt a more uniform practice for district courts issuing decisions in matters they have taken under advisement. Other issues will be considered as they are brought to the committee's attention in the coming year.
d. General Rules of Practice (Bob DeMay)
" Deadline for comments on proposed amendments relating to family court is Dec. 14
e. Public Access (Jim Moore)
f. Criminal Rules (Richard Frase)
" Kelly Mitchell is the principal staff person for the Criminal Rules advisory committee. Ms. Kelly is a lawyer, and it appears that her role will be even more important in the future; the long-time Reporter for the committee, Phil Marron, recently retired, and the current plan is not to replace him but rather to rely on staff.
" There are 20 positions on this committee, which is currently chaired by Judge Robert Carolan.
" Five positions are open for appointment, to replace members whose second (final) three-year terms have expired; the five former members in these positions included, in addition to the MSBA representative, an Assistant State Public Defender, an Assistant Attorney General, and two other attorneys. It does not appear that this committee has a specific formula for balance in its members, although the Supreme Court does periodically look at the committee's makeup to ensure a reasonable degree of balance in several areas (prosecution/defense; urban/rural; gender and race or ethnicity).
" The committee sometimes meets once a month, but more often it's every other month (and less, in the summer). In terms of the committee's traditions as to communication of its work, Ms. Kelly said that meetings are public, and that each member is not only allowed but expected to communicate the on-going work of the committee to that member's constituency.
" Recent major completed projects of the committee involved Rules amendments (2006) to facilitate compliance with the U.S. Supreme Court's decision in Blakely v. Washington, and other Rules amendments (2007) related to the use of ITV in criminal matters.
" The only large project currently pending involves stylistic revisions to the Rules; a subcommittee is working on this project, and the plan is to have the rewrite completed by September 2008.
" A variety of narrower issues were considered at the committee's last meeting (November 17th), including a request by the County Attorney's Association to add a requirement of state (not just court) approval of the defendant's request to waive jury trial.
" The next meeting will be on December 15th.
g. Public Access (Jim Moore)
" Committee was put together a couple of years ago at the request of the Supreme Court to review whether changes were needed to the Rules on Public Access. They completed a report to the Court and asked to be released from service. The Court asked that they continue for a year or so to examine whether further changes might be needed. They recently completed that task and submitted a final report to the Supreme Court. The PA Committee's work is now completed and the members of the PA Committee have been released from their positions.

" The PA Justice Paul Anderson does not anticipate reconstituting the PA Committee in the near future. He predicts that it will be a year or two before the PA Committee is reformed. In the past, the formation of the PA Committee was apparently ad hoc, with no designated MSBA member and no formal guidelines for membership. Justice Anderson is willing to work with us on the appointment process in the future.
4. Procedure for making recommendations for open MSBA seats (moved, seconded, passed unanimously):
a. Openings will be posted on Court Rules & Admin committee web page and in Legal News Digest.
b. A deadline of one week before the next Court Rules & Admin committee meeting will be given for submitting Qualification and Interest Statements from anyone interested in being appointed.
c. Submitted Q&I statements will be distributed to Court Rules & Admin members via the listserve.
d. If necessary the Court Rules & Admin chairs will schedule interviews for nominees with the full committee, or with a subcommittee.
e. The Court Rules & Admin committee will consider nominations and vote on recommendations at the next regular committee meeting.
f. The Court Rules & Admin chairs will submit the committee's recommendation to the MSBA president.
5. Federal rules committees: Tabled for next meeting
6. Committee roster information
a. The committee stills needs to collect information about membership of the advisory committees. Steve will send out a request that each of the liaisons provide the following for their court committee:
" Number of members
" Length of terms
" Number of allowable terms
" Current vacancies
" Is their an "MSBA seat"
7. Other business
a. Committee minutes will be posted on its webpage
b. Committee policies will be collected in a binder and posted on the website
8. Meeting schedule
a. January 8, February 12, 2008
b. 12:15, RKMC, Rm. 28A
9. Items for next meeting:
a. Review committee membership information
b. MSBA spots on committees: will new seats be created or will they happen as vacancies come up?
c. Name liaison to No-Fault Arbitration committee
d. Discuss role of committee liaisons

Next Meeting: 12:15, RKMC

Minnesota State Bar Association
Court Rules and Administration Committee
November 13, 2007

Meeting Notes

Present: Judge Tony Leung (co-chair, Hennepin County), Chris Larus (co-chair, Robins Kaplan), Jon Schmidt (Briggs & Morgan), Diane Bratvold (Briggs & Morgan), Stewart Loper (Chestnut & Cambronne), Robert DeMay (Leonard Street), Richard Frase (Univ. of MN), Chuck Webber (Faegre & Benson), James Moore (Mpls City Attorney’ Office), Peter Carter (Dorsey), Steve Hirsh (MSBA staff)
By Telephone:  Bart Gernander (Hellmuth & Johnson)

  • Introductions
  • Review of committee’s charge:
    • Advise MSBA president on appointments
    • Keep track of vacancies
    • Communicate court committee information to MSBA membership
    • Provide forum for MSBA members to communicate concerns/opinions to court committees
  • “Expedited” appointments:
    • Between regularly scheduled meetings, the Chairs were contacted by Supreme Court representatives seeking expedited recommendations for appointments to the No-Fault Arbitration and Criminal Rules Committees.  To meet the timing goals expressed by the Supreme Court, the Chairs contacted committee members via email, and the Committee recommended Lynne Anderson and Bruce Meyer (currently serving) be re-appointed to No-Fault Arbitration Committee, and Richard Frase be recommended for Criminal Rules Committee.
    • The Committee approved use of this expedited procedure when there is insufficient time to consider matter at a full committee meeting.
  • Information updates
    • Civil Rules (Chuck Webber)
      • Membership and structure: There are currently 24 members of the Advisory Committee, if you count the Liaison Justice (Justice Helen Meyer), the Staff Attorney, and the Reporter (David Herr).  There is no real formal structure beyond the committee having a chairperson, a liaison Justice, a staff attorney, and an official reporter.  Judge Dietzen believes that the members of the committee are appointed for four-year terms.  The Supreme Court of Minnesota makes the appointments.  There are no seats specifically reserved for MSBA representatives or liaisons.
      • Meetings: The committee meets on an as-needed basis, and not on a regular schedule.
      • Vacancies: There are no vacancies on the committee right now. 
      • Balance between plaintiffs' bar and defense bar: There is no formal requirement that the members of the committee be evenly split between the plaintiffs' bar and the defense bar, but Judge Dietzen says that he and Justice Meyer make every effort to achieve that balance when they consider potential members to recommend to the Supreme Court.
      • Communication with the bar: There is no formal mechanism for informing the bar of the committee's work.  Judge Dietzen says that the committee will periodically present CLE seminars when there are more important changes to the rules, such as recent proposed changes relating to e-discovery, and David Herr (the committee's reporter) will often mention changes in the rules when he speaks at various CLEs.  In addition, proposed rule changes are published in the Bench & Bar magazine, along with a solicitation of comments on the proposed rule.  Judge Dietzen reports that the committee "hasn't had a lack of comments" from the bar on rule changes, which indicates to him that word of rule changes and the committee's role in formulating them is pretty widespread.
      • Hearing scheduled for January 19 on proposed amendments to Rule 68.
    • Juvenile Protection (Rob Gadtke)
      • Committee History:  In 1997, the Minnesota Supreme Court created the Juvenile Protection Rules Committee in response to concerns raised by attorneys and judges regarding the effect of the then existing Rules of Juvenile Procedure.  These Rules, which were implemented in 1982, had not, to that time, been modified to reflect changes in relevant state and federal statutes.  In January 2000, the Rules revised by the Committee went into effect.

At its inception, the Rules Committee was an ad-hoc committee of the Supreme Court.  Approximately three to four years ago, the Supreme Court made the Committee an official standing committee of the Court.  The Committee is currently chaired by Judge Kevin Eide.  Justice Lorie Gildea is the Supreme Court Justice assigned to oversee the Committee.

      • Committee Membership:  The intent of the Supreme Court was to have the Committee’s membership reflect all of the professional stakeholders involved in child protection cases.  Currently, there are approximately thirty (30) members of the Committee.  The Committee is one of the larger Supreme Court Rules Committees.  At the present time, the Committee’s make-up includes: Minnesota Court of Appeals Judges, Minnesota District Court Judges, County Attorneys, Child Protection Workers, Guardians ad Litem, Public Defenders (who specialize in representing parents in child protection cases), Attorneys (who specialize in representing children in child protection cases, who practice primarily in the area of the Indian Child Welfare Act, and who represent the judicial branch), Court Administrators, and Legal Aid Attorneys (who represent children).

 Approximately two years ago, the Court decided that members of the Committee could serve for a maximum of two, three year terms.  Each year, the terms of approximately nine Committee members expire, leaving approximately two-thirds of the membership in place.  The terms are staggered so that the term of one professional stakeholder in each category expires each year.
 This year, there are approximately eight committee members whose terms of service will expire.  Of those eight members, six members are eligible for reappointment.  The two remaining vacancies need to be filled.  The vacancies this year are for a County Attorney and an attorney with the judicial branch.

      • Notice of Vacancies:  Each year, the Committee’s staff attorney sends out a notice to Justice Gildea informing her of vacancies for the upcoming year.  Once a decision is made regarding possible reappointment of eligible Committee members, the Committee’s staff attorney sends out a notice to all professional stakeholders describing the vacancy.  For example, this year, the vacancy notice was sent by email to County Attorneys.  Notice is also provided to the Bar Association’s subcommittee on child protection issues.
      • MSBA Representatives and/or Liaisons:  There are no specific Committee positions for representatives and/or liaisons from the MSBA.  The reason given was that the Committee membership already includes a number of lawyers who are also members of the Bar Association.
      • Notice of Committee’s Work Product:  There is no specific mechanism in place for informing the Bar Association and/or the public of the Committee’s work.  When members are appointed to serve on the Committee, they are told that they represent their professional stakeholder group and that it is their responsibility to inform their peer group of the Committee’s initiatives.

Each year, the committee also produces a report describing their work.  The reports are due each year at the end of December.

      • Meeting Frequency:  The Committee’s meeting schedule varies from year to year.  For the past few years, the Committee has met on approximately a monthly basis.  This year however, it has met only one time.  Next year, it is anticipated that the Committee will meet approximately on a quarterly basis.  The Committee’s meeting schedule depends on the number of required Rule changes.  Over the past few years, there have been a number changes to state and federal statutes involving child protection.
      • Upcoming Issues:  This year, the Committee will be dealing with the following three (3) issues:
    •  Indian Child Welfare Act:  Currently, there is a significant amount of confusion in cases involving the ICWA.  While the substantive law in this area is fairly developed, it is often unclear, from a procedural standpoint, how these cases should be handled.  For example, substantive law dictates that Tribes may intervene and become parties to ICWA cases.  Substantive law also confers upon Tribes the right to transfer qualifying cases to Tribal Court. What is unclear, however, is how and when a case officially gets transferred.  How does a state court judge know if the tribal court wishes to exercise jurisdiction?  Is it the responsibility of county social workers to investigate the matter?  Are judges required to communicate directly with representatives of the tribal court?  There are also concerns regarding the disposition of the file.  Does the file actually get transferred to tribal court?  Currently, each county has its own method for dealing with these issues.
    • Expedited Appeals:  Minnesota has one of the longest appeal time frames for appeals in child protection cases.  Currently, it takes approximately 273 days from the time an appeal is filed until a decision is issued.  This is seen by many in the field as too long in the life of a child. The Court is considering altering the Rules regarding briefing, transcripts, and other procedural issues.
    • Guardian ad Litem procedure:  There have been a few issues this year with Guardians ad Litem.  The Court is considering changing a few of the procedural rules governing their conduct.
      • Further discussion left for next meeting
    • Juvenile Delinquency: table for next meeting
    • General Rules of Practice (Bob DeMay)
      • In order to get input regarding the historical practices regarding the makeup and meetings of the Advisory Committee on the General Rules of Practice, Mr. DeMay spoke with David Herr, who is the Reporter for this and several other Supreme Court Advisory Committees.  He indicates that the committee has traditionally been made up primarily of District Court judges and court administrators.  Given the role of the General Rules of Practice in practice before the Family Courts, there has also been a desire to have substantial representation by judges and administrators dealing with Family  Court.  Beyond that desire, the Supreme Court endeavors to ensure that the committee has representatives from each of the Judicial Districts.  The Committee is fully staffed currently.
      • The Committee has been one of the more active committees for which Mr. Herr acts as Reporter.  It just completed a report on Collaborative Law.  It is currently wrestling with the issue of cameras in the Court Room. The next meeting is in January.
    • Public Access (Jim Moore)
      • The Committee seems to be at an end to its work.  Justice Paul Anderson called the Committee together because of media pressure to address issues regarding the Rules of Public Access to Records of the Judicial Branch.  The underlying concern was that there is no equivalent of the Minnesota Government Data Practices Act that comprehensively regulates records of the Courts.  The Committee has put together a report that has been sent to the Supreme Court for review.

The Committee was apparently selected by Justice Paul Anderson, with no formal selection criteria for Committee membership.  The Committee will probably not meet again in the near future. A committee member recommended that the MSBA write to Justice Paul Anderson and ask him if the MSBA can participate if the Committee is ever reconvened.

      • Jim Moore will draft a letter to Justice Anderson for this committee to review.
    • Criminal Rules: Richard Frase is still trying to make contact with committee chair. He will hopefully have information to report at next meeting.
    • Cameras in the court room: Cameras are now permitted in the state appellate courts, per an internal court rule. Peter will write up a paragraph about this, which staff will send to LND and post on the committee’s website.
    • Federal rules: Discussion of whether to table for now. Peter Carter is on the board of the federal bar association. He’ll check there on interest/need for this committee to become involved, and report back.
  • Next steps / follow-up
    • Chris Larus will circulate committee’s charge to members.
    • Establish procedures for committee’s work to insure continuity. Include committee’s history.
    • Composition of this committee: need to add solo/small firm practitioners?
    • Tony Leung will ask Rob Gadtke for a recommendation re: Juvenile Protection
    • Tony Leung to check with Brian Melendez about establishing this committee as the MSBA clearinghouse for information on court rules committees.
    • Current volunteers will remain as designated contact people for designated committees
      • Bob DeMay: General Rules of Practice
      • Chuck Webber: Civil Rules
      • Richard Frase: Criminal Rules
      • Rob Gadtke: Juvenile Protection
      • Peter Cahill: Juvenile Delinquency
      • Jim Moore: Public Access
    • Jim Moore to draft letter to Justice Anderson re: Public Access Committee.
    • Peter Carter to draft and circulate paragraph on cameras in appellate courts. Staff will send it to LND and post it on this committee’s website.
    • Peter Carter will make inquiries with the Federal Bar Association and report back.

Next Meeting: December 11, 12:15, RKMC