The ComMN Law: A Minnesota Supreme Court Podcast

A brief update on the Cruz-Guzman school-segregation case (initially heard at SCOM summer 2018), and charter schools' unsuccessful attempt to be exempted from the decisionThe Brodkorb-MacDonald saga never ends, as Michelle MacDonald survives Brodkorb's attempt to get her case thrown out for missing deadlinesMark gives tribute to Justice Lillehaug, who announced this month that he would retire from the bench after next termResulted opinion in Central Housing Associates v. Olson, our November case (with an outcome surprising to us at TCL HQ)Court of appeals opinion in Fagin v. StateOral argument in Fagin v. State (podcast form here)Briefing in Fagin v. State:Appellant (State of Minnesota) briefRespondent (Fagin) briefAppellant (State of Minnesota) reply brief

A pair (one and two) of K. Feath pieces in MN Lawyer outlining what went down with the Public Safety/Judiciary budgetReport from the International Bar Association on harassment and bullying in the legal profession, as well as a MN Lawyer piece highlighting the finding that a third of female lawyers are sexually harassedHere's everything we know about the lake-naming controversy (post-recording update: the State has appealed the COA ruling to the MN Supreme Court)Court of appeals opinion in Firefighters Union v. City of BrainerdOral argument in Firefighters Union v. City of Brainerd (podcast form here)Briefing in Firefighters Union v. City of Brainerd:Appellant (City of Brainerd) briefRespondent (Firefighters Union) briefAppellant (City of Brainerd) reply brief

Justice Thissen pokes MN Supreme Court for “Sesame Street” approachFolks, don't skirt your taxes like William Butler, regardless of what Jesus says (if you have hours of time to kill, check out this blog that we do not recommend)Courts deny funding for public defender interpreter services (heading soon to a SCOM near you)Opinion published in the case featured in our September episode, Warren v. DinterOral argument in MN Sands v. County of WinonaBriefing in MN Sands v. County of Winona:Appellant (Minnesota Sands) briefRespondent (County of Winona) briefAppellant (Minnesota Sands) reply brief

Alan Page visited Grey Cloud Elementary where he spoke fondly of his time on the court (including in relation to his many other career acheivements)In the latest Michelle MacDonald update, Michael Brodkorb and Allison Mann (see our interview with all three in our Maethner v. Someplace Safe episode) were awarded summary judgment in MacDonald's defamation case against them and their organization, Missing in MinnesotaMN Supreme Court hosted a Call to Action for Lawyer Wellbeing where industry stakeholders were invited to discuss and begin to implement changes to address the crisis of lawyer wellbeing in our legal communityJustice Thissen (and TCL!) in another excellent Jon Schmidt interview for Bench & Bar of MinnesotaOral argument in State v. HarveyBriefing in State v. Harvey:Appellant (Harvey) briefAppellant (Harvey) pro se briefRespondent (State) briefAppellant (Harvey) reply brief

Justice Thissen speaks about equity, impartial courtsThe Star Tribune highlights how Minnesota's judicial budget request reflects impending wave of retirementsCourt of Appeals opinion in In the Matter of the Application of J.M.M. (and its prior opinion on initial appeal)Oral argument in In the Matter of the Application of J.M.M.Briefing in In the Matter of the Application of J.M.M.:Appellant (J.M.M.) briefRespondent (appointed counsel) briefAppellant (J.M.M.) reply briefAmicus (Standpoint and Battered Women's Justice Project) brief

New Minnesota judicial selection commissioner pledges to continue diversifying courtsMN Lawyer's K. Feather on Blaha's blues and whether the MN Legislature will continue to reimburse government officials for their adventures to the MN Supreme CourtThe court of appeals begins posting its oral arguments online, and already has quite a large archive just one month in (happy listening, law nerds!)Fallout from last summer's hottest Education Clause case is that Forslund v. State (also known as next summer's hottest Education Clause case) got another shot at the court of appeals, which rejected it againMN Lawyer summary of Larson v. Gannett Company and oral argumentCourt of Appeals opinion in Larson v. Gannett CompanyOral argument in Larson v. Gannett CompanyBriefing in Larson v. Gannett Company:Appellant (Larson) briefRespondent (Gannett Company) briefAppellant (Larson) reply briefRespondent (Gannett Company) reply briefAmicus (various media organizations) brief

Dan Heilman for MN Lawyer on a survey that showed that (1) the “Twin Cities overall pays partners far less than in many larger markets” and (2) “male partners have consistently reported substantially higher average compensation than their female counterparts”You know you want to read this sexy story about legislative process reform . . .#tbt to Dusosky v. Fischbach (the case about “sitting on two seats with one butt”) and Fischbach's defense that was recently retroactively funded by the MN LegislatureJustice Thissen's first majority opinion published December 5, 2018, State v. Ortega-RodriguezCourt of Appeals opinion in Bandemer v. Ford Motor CompanyOral argument in Bandemer v. Ford Motor CompanyBriefing in Bandemer v. Ford Motor Company:Appellant (Bandemer) briefRespondent (Ford) briefAppellant (Bandemer) reply briefAmicus (US Chamber of Commerce) briefTranscript of the episode here

Results of the judicial elections and our previously unreleased audio of Michelle MacDonald signaling that she has not ruled out a 2020 run (heads up, Justices Lillehaug and Thissen)David Schultz's op-ed in the Pioneer Press, “Let's appoint, rather than elect, Minnesota judges,” on Minnesota's mode of choosing judgesFormer-Justice Alan Page's comments CBS News on the current administration and his op-ed in the Strib on why he accepted the Presidential Medal of Freedom (he also stopped by his namesake middle school to discuss accepting the award with students there)Justice Anderson sits for an interview with Jon Schmidt (of State v. Edstrom fame) for Bench & Bar of MinnesotaOpinion in In re Marriage of Gill (our featured case from May) with synopses from the firm that argued the case and MN Lawyer's Barbara L. JonesOpinion in Depositors Insurance Company v. Dollansky, authored by Justice Hudson, with a seventeen-page dissent (his first!) from Justice Thissen, as well as the MN Lawyer summaryOrder not adopting the proposed amendments to Minnesota Rule of Evidence 404(b), with another dissent from Justice Thissen, taking up the mantle of his predecessor, former-Justice Stras, on the need to amend 404(b)Court of Appeals opinion in Central Housing Associates v. OlsonText of Minn. Stat. § 504B.441 and Minn. Stat. § 504B.285Oral argument in Central Housing Associates v. Olson

MN Lawyer's Kevin Featherly with an update on the finances of the 2018 judicial races (bottom line: no one is trying to buy our judges . . . yet)Justice Chutich's campaign website and Michelle MacDonald's campaign websiteVideo of the judicial candidate forum in Golden Valley on October 4, hosted by the League of Women Voters and the Minnesota State Bar Association, featuring Justice Chutich and Judge Jesson, as well as their respective challengers, Michelle MacDonald and Anthony L. BrownMichelle MacDonald's disciplinary case suspending her from the practice of law for 60 days starting in January 2018 followed by supervised probation for 2 years, her cert petition to the US Supreme Court, (and its denial) both of which she discusses in our interviewMissing in Minnesota highlights Michelle MacDonald's involvement in the Grazzini-Rucki case and subsequent disciplinary history (with documents relating to her most recent disciplinary investigation)Minnesota Lawyer reports on Michelle MacDonald's lawsuit (complaint here) against Michael Brodkorb and Allison Mann, from the initial filing, to the lack of the factual basis for the suit, to the resulting disciplinary investigationMichael Brodkorb and Allison Mann release their book, The Girls Are Gone, which chronicles the disappearance of Samantha and Gianna Rucki, and includes an examination of MacDonald's legal work on the caseFirst Amendment Scholar Eugene Volokh weighs in on the First Amendment questions in our featured case, Maethner v. Someplace Safe (Professor Volokh filed an amicus brief in this case with his band of “bloggers and podcasters”)Minnesota Lawyer summarizes the issues in our featured case, Maethner v. Someplace SafeCourt of Appeals opinion in Maethner v. Someplace SafeOral argument in Maethner v. Someplace Safe

Winona Daily News article on the retirement of Judge Jeffery Thompson, which prompted the Third Judicial District to begin a discussion that eventually led the Supreme Court to issue an order moving Judge Thompson's former seat from Winona Court to Olmsted CountyMinnesota State Bar Association poll on contested appellate judicial races; Justice Thissen's OTD tweet on a constitutional case interpreting what it means to be “learned in the law,” a requirement for judicial office in Minnesota; and Allison Mann's musing on possible implications for the upcoming judicial raceStar Tribune feel-good story on Ralph Campbell, a twenty-nine years sober licensed drug and alcohol counselor, who has been the "glue" of the Hennepin County DWI Court since he began volunteering there in 2008Register for the Minnesota Historical Society's Justice Jeopardy on October 11 (see you there, ComMNers!)Opinion in State v. Edstrom, published August 15, 2018Opinion in Johnson v. State, published August 22, 2018Court of Appeals opinion in Warren v. DinterOral argument in Warren v. Dinter

Justice Lillehaug's Bench & Bar piece on unpublished opinions in Minnesota's appellate courtsOpinion in Axelberg v. Commissioner of Public Safety, including Justice Lillehaug's (and Justice Wright's and Justice Page's) dissent2015 amendments to Minn. Stat. § 169A. 53 in response to Axelberg v. Commissioner of Public Safety and its many dissents

Justice Thissen sworn in as 95th Associate Justice of the Minnesota Supreme CourtTranscript of Chief Justice Gildea's State of the Judiciary Address, highlighting, among other things, the Chief's proposal to take another look at the Limited License Legal Technicians modelPetition of Minnesota State Bar Association to amend rule 4(c) for admission to the bar to "permit certain qualified law students to sit for the bar examination during their final year in law school"Ibrahim Hirsi's important piece on "why the people who serve as interpreters in Minnesota courts are not happy with those who run Minnesota courts"Featured tweets from our monthly "Top Thissen Tweets" segment: #2, #1Opinion in Cruz-Guzman v. State, published July 25, 2018, as well a nice backgrounder on the case and commentary from the Institute on Metropolitan Opportunity on the implications of Justice Hudson's majority opinion (and Will Stancil's tweet about "that" footnote)2017 Hennepin Lawyer profile of Justice Anne McKeig written by former clerk Brittney Miller

Minnesota Lawyer article on the first known CLE credit revokedDusosky v. Fischbach ends in dismissal after Fischbach resigned from the Senate, took the oath of office for Lieutenant Governor, and was named as Tim Pawlenty's running mateJustice Lillehaug sits for an interview with John Schmidt (who argued State v. Edstrom) for Bench & Bar of Minnesota, and discusses, among other things, his well-known views on unpublished opinionsMichelle MacDonald's disciplinary case suspending her from the practice of law for 60 days, her cert petition to the US Supreme Court, and videos one and two of her being confronted by security at the GOP booth at the Minnesota State Fair in 2014 (and a bonus Sack cartoon of the occasion)Media coverage of Lillehaug vs. MacDonald in 2014, coverage of Hudson vs. MacDonald in 2016, and preliminary thoughts from a reporter and a GOP State Representative on Chutich vs. MacDonald in 2018Justice Chutich's campaign website ( ← SEND MONEY HERE), Chief Justice Gildea's campaign website, Justice Anderson's campaign website, and Justice McKeig's campaign websiteMoorhead lawyer fights two-decade war on circumcisionFeatured tweets from our inaugural monthly "Top Thissen Tweets" segment: #4, #3, #2, #2, #2, #1Opinion in and article about Minnesota Voters Alliance v. Mansky, a case issued by a lesser high court that we are sure is trying its bestBackground for our featured case: Birchfield v. North Dakota (SCOTUS), State v. Trahan (SCOM), State v. Thompson (SCOM), and Minnesota Lawyer commentary on the 2016 setCourt of appeals opinion in Johnson v. StateOral argument in Johnson v. StatePost-recording update: The court issued an opinion in Christensen v. Healey on June 20, 2018, authored by Justice Hudson. We discussed this case in our second episode and made fun of the court in this episode for not yet releasing it as of our recording. Read Justice Hudson's opinion here.

Watch Governor Dayton and Justice Thissen's press conference announcing his nomination (and learn how to pronounce his name here)Watch oral argument for cameras in the courtroom, and read commentary on it hereRead cases that have resulted since our last episode, including Otto and WebsterCourt of appeals opinion in In re Marriage of GillOral argument in In re Marriage of Gill

Read Judge Guthmann's February 12 dismissal of Dusosky v. Fischbach, and check out here, here, and here for updates on the case that still isn't*For our regular "Lawyer Does Fun Thing" segment, criminal defense attorney Judith Samson solves a buxom woman's biggest problem (watch her rap commercial then start bridging)Minnesota Supreme Court vacancy shortlist updateCase summary for our non-featured interesting case, Christensen v. HealeyMNCourts news update on the court convening at Anoka High School to hear State v. EdstromCourt of appeals opinion in State v. EdstromFilings for State v. Edstrom on MACS (click through again after the captcha process)Oral argument for State v. Edstrom on April 11, 2018*Post-recording update: Dusosky (finally) re-filed her lawsuit on April 10, 2018. Read about Dusosky v. Fischbach II here

Links from the episode found below.Nibble on this article about snacks from the Star Tribune, and follow lawyer-turned-microinfluencer @snackcellar on instagramBackgrounder on the Fischbach legal battle and commentary from Minnesota Lawyer on the meeting of the Advisory Committee on Capitol Area SecurityKare 11's piece on how Minnesota courtrooms are becoming more diverseCase summaries for interesting cases discussed, notably State v. DeckerCourt of appeals opinion in Otto v. Wright County et al.Filings for Otto v. Wright County et al. on MACS (click through again after the captcha process)Oral argument for Otto v. Wright County et al. on January 3, 2018