1. Volume 14, Issue 7 October 2015
BOARD HEARS FROM DEAN OF WILLIAM
MITCHELL; PRIORITIZES 2016 LEGISLA-
TIVE AGENDA; AGREES TO LEAD ON
DRUG SENTENCING; AND VOTES TO KEEP
BOARD AT 29.
At the Board meeting on Friday, invited guest speaker Mr. Mark
Gordon, Dean and President of William Mitchell College of Law, came and
spoke. With enthusiasm in his voice and a can-do, take-charge attitude,
Mr. Gordon spoke of the dramatic and exciting changes and challenges
that lie ahead for him, and others, as he works to wield the powers that be
into merging two of Minnesota’s finest legal institutions into one.
Mr. Gordon stated that while most law schools across the country
are cutting way back on capacity, at William Mitchell, and what soon will be
William Mitchell Hamline Law School (or the other way around), they are
doing just the opposite. Gordon said, the College is adding classes and
adding faculty, which will allow the new University to compete nationally.
Once the two colleges merge, they can boast to have the largest legal
alumnae group in the country at 18,000 individuals.
Mr. Gordon talked proudly about the new “Hybrid Program.” This is
a program that launched this past January and allows students to take up
to 15 percent of the their law classes online. The ABA recently made
changes to the online options, increasing the aggregate number of hours
that can be taken online. “The hybrid program is a redesigned approach to
law school and is like the original “night school” option of obtaining a law
degree.” The program is capped at 96 students. Many of the benefits of
the program include the online option, of course, but also simulated client
interactions and cluster classes. Mr. Gordon said they also are looking at
the medical school model of a residency program.
Additionally, once the merger is in place, students will be able to
take classes online, during the day, at night and even on the weekend.
MCAA Board of Directors
President: Kathleen Heaney
Sherburne County A orney
President‐Elect: Mark Ostrem
Olmsted County A orney
Secretary: Jeff Edblad
Isan County A orney
Treasurer: John Choi
Ramsey County A orney
Immediate Past President:
David Hauser
O er Tail County A orney
Directors:
James Backstrom
Dakota County A orney
David Brown
Hennepin County A orney
Michelle Zehnder Fischer
Nicollet County A orney
Tim E.J. Fox
Wilkin County A orney
Mike Freeman
Hennepin County A orney
Aaron Jordan
Stevens County A orney
Michael Junge
McLeod County A orney
John Kelly
Ramsey County A orney
Janelle Kendall
Stearns County A orney
Richard Maes
Lyon County A orney
Mark Metz
Carver County A orney
John (Jack) Muhar
Itasca County A orney
Kristen Nelsen
Lyon County A orney
Craig Nelson
Freeborn County A orney
Peter Orput
Washington County A orney
Tony Palumbo
Anoka County A orney
Thomas Pertler
Carlton County A orney
Janet Reiter
Chisago County A orney
Mark Rubin
St. Louis County A orney
Don Ryan
Crow Wing County A orney
David E. Schauer
Sibley County A orney
Karin Sonneman
Winona County A orney
Christopher Strandlie
Cass County A orney
Greg Widseth
Polk County A orney
News for and about County Attorneys
M I N N E S O T A C O U N T Y A T T O R N E Y S A S S O C I A T I O N
Dedicated to Improving the Quality of Justice
Judge Frank just issued his first
interim relief order on the MSOP
case. To read the 43–page order,
click here.
2. Page 2 The Monthly Brief
The hybrid program is considered a 4-year program. Mr. Gordon strongly encouraged County Attor-
neys to provide him with much-needed feedback on this program, since we have a stake in the pro-
gram’s outcome. Dakota County Attorney Jim Backstrom mentioned a Prosecutor’s Clinic to Mr.
Gordon, who was very receptive to the idea.
The MCAA Board followed up with a favorable vote to create a task force of MCAA members
to work with Mr. Gordon on this clinic idea. Thanks to a number of you who have already indicated
your interest in serving on the task force. If you’re interested in serving on or keeping up-to-date with
the task force and it’s work, please let Laura Fenstermaker know by emailing her at lfenstermak-
er@mcaa-mn.org and we will add you to our distribution list.
A conversation about the 2016 legislative session and what the MCAA agenda might look like
was started by member and leadership in September at the Leadership Forum and continued after-
ward with some follow-up by specific work groups. At Friday’s Board meeting discussion continued.
The legislature doesn’t convene until a very late start date of March 8, 2016, due to ongoing con-
struction of the new senator offices building and improvements taking place inside the Capitol. Even
so, it’s never too early to get your ducks in a row on one’s work. As such, the Board prioritized it’s
top three agenda items:
1. Drug Sentencing
2. Child Protection Grant appropriation
3. Omnibus bill that would contain some other non-controversial changes to help prosecutors do
their jobs better or perhaps solve an inconsistency in a statute.
On Drug Sentencing, the Board voted to take a leadership role on this issue. Last year, the
MCAA worked on this issue but could not garner consensus among all the stakeholders. A position
paper titled: “Drug Sentencing Reform” and “MCAA Proposed Changes to Sentencing Laws” can be
found on the front page of the MCAA website under the members only section. These documents
will guide the work of the MCAA. The Minnesota Sentencing Guidelines Commission is taking a
strong interest in suggesting their own recommendations on drug sentencing and has clearly com-
municated that if the legislature doesn’t act, the commission is positioning itself to do so.
Another issue on the MCAA agenda is to secure an appropriation under the Child Protection
Grant Allocation statute, which would amend Minn. Stat. §256M.41. The money would be for County
Attorney legal services in carrying out responsibilities under section 626.556 and 626.5561 and sec-
tion 260, 260C, and 260D. The Juvenile Law Committee members are working on drafting some
language for consideration.
The next Board Meeting is December 2, 2015 at the Hilton Minneapolis St. Paul Hotel, Mall of Amer-
ica at the Annual Meeting. If you’re interested in attending this meeting, please let me know by
emailing me at lfenstermaker@mcaa-mn.org. Thank you.
3. Page 3 The Monthly Brief
NEWS AND NOTES
State Court Administrator’s Office Offering Online Resources on New MN Court
Rules (Updated)
As you know, the Minnesota Supreme Court made major amendments to Minnesota’s court rules.
The amendments change the practice of law in Minnesota’s state courts, went into effect on July 1,
2015, and affect everyone who uses the court system. This information has just been updated on
the courts website and there are many helpful video tutorials. Click here
Minnesota Has Several Current Judicial Vacancies
Minnesota has judicial vacancies in the First Judicial District, the Court of Appeals and an upcoming
vacancy on the Minnesota Court of Appeals. This last vacancy will occur upon the retirement of the
Honorable John P. Smith, effective February 2, 2016. For further interest click here
Minnesota’s Drug Registry Aims To Put a Lid on Prescription Drug Abuse
In an effort to limit the abuse of prescription painkillers, Minnesota regulators are cracking down on
people who are obtaining large quantities of drugs from multiple doctors and pharmacies. In the first
10 months of this new initiative, 194 Minnesotans have been identified. Read more
MCF-St. Cloud Turns 125; MCF Faribault Turns 25
The second prison ever built in Minnesota turns 125 years old this month. With 400 employees, in-
cluding officers, teachers, case managers and all contract employees, the prison is a city inside the
granite walls that surround it. There are 1,000 inmates. Read more. And MCF Faribault, the state’s
largest prison is celebrating it’s 25 anniversary this month. Read more here about prison life at Fari-
bault, including the number of inmates in education programs and the jobs that they are performing.
New Report Highlights the Danger of Drug Impaired Driving
Drugs were involved in 40 percent of fatal vehicle accidents in 2013, a rate that is equal to drunk
dfiving, according to research from the National Highway Traffic Safety Administration as part of the
Fatality Analysis Reporting System (FARS). This increase in drugged driving is due to higher rates
of marijuana and prescription drug usage and makes drug impaired driving an increasingly critical
issue for states. To read more from the report, click here
Cold Case Playing Card Initiative
Here is a unique and creative way to keep cold cases relevant. The
MN BCA in partnership with the Minnesota Dept. of Corrections and
law enforcement agencies statewide has created a deck of cold case
playing cards. These cards highlight 52 violent unsolved homicide,
missing person, and unidentified cases that remain cases that have
occurred throughout Minnesota in the past 50 years. Read more
4. Page 4 The Monthly Brief
21st Century Policing Project Survey
The Minnesota Sheriff’s Association (MSA) has undertaken an initiative
this year to develop and articulate a vision for law enforcement across
the state for this century. They are seeking input from many constituen-
cies, including County Attorneys. If you’re interested in participating in
this survey, please click here.
Body-Worn Camera Program Fact Sheet from BJA
The Office of Justice Programs Bureau of Justice Assistance has provided resources to agencies
for body-worn camera programs. The following link highlights where body worn camera programs
exist, which programs are pilot projects and who received grant money for their state, including what
Minnesota received for the City of Minneapolis and St. Paul. Read more
Justice Department awards $44-million to Combat Human Trafficking and Sup-
port Survivors
Across the country numerous cities, organizations and Attorney General’s offices have received
funding to support efforts to combat human trafficking, including investigations and prosecutions of
human trafficking crimes, research and other survivor services. Read more
Juvenile Justice Bulletin: Detained Youth & Barriers to
Mental Health Services
Of the youth that are being arrested and detained today, 60% of the
females and 70% of the males have a psychiatric disorder other than
a conduct disorder and approximately half have two or more disor-
ders. Two recent reports issued show we are not doing our job in get-
ting these young people the help they need. Read more
Sexual Assault Kits—2015 Initiative (SAKI)
The National Sexual Assault Kit Initiative (SAKI), administered by the Bureau of
Justice Assistance (BJA), provides funding through a competitive grant program
to support the comprehensive reform of jurisdictions’ approaches to sexual as-
sault cases resulting from evidence found in sexual assault kits that have been
submitted to a crime laboratory. SAKI was created to meet the diverse needs of
jurisdictions contending with untested SAK issues. Read more
OPJJDP Releases Fall 2015 Issue of Journal of Juvenile Justice
This issue features articles on substance use treatment programs for system-involved and at-risk youth, par-
enting stressors and family management techniques, stress-reduction training for juvenile justice officers, and
truancy prevention. Other articles examine best practices for educating juvenile detainees about sexually
transmitted diseases and employers’ perceptions of juvenile records. Read more
5. Page 5 The Monthly Brief
ASSOCIATION NEWS
The MCAA is now accepting nominations for our annual awards for County Attorneys and Assistant
County Attorneys for either the Johnson Distinguished Award, Excellence, Meritorious, Professional
Achievement and Public Service. To print off the nominations form and nominate someone, please
click here.
Plea for Assistance on Amicus Case
The Board of Directors is seeking someone to assist with the filing of an Amicus on an Itasca Coun-
ty tax case. Currently, no one has stepped forward to tackle the case. It’s a tax case with statewide
implications. The case deals with market evaluation and conservation easement. If you’re willing to
take this on, please contact the Association Office and talk to executive director Bob Small.
The Remaining District Meetings Schedule—Kandiyohi, Blue Earth & Rochester
Executive Director Bob Small and TSRP staff member Bill Lemons have gone around the state visit-
ing County Attorneys and their Assistant County Attorneys at their offices. The meetings are to hear
from members on issues of concern to them. It also gives Bob Small and Bill Lemons the chance to
communicate to members the various things that are happening at the Association, including legis-
lative matters. This year, legislators were asked to join these meetings; so far, we have had a num-
ber take advantage of this opportunity. Click here for the district meeting schedule.
Legislative Committee on Child Support
The legislative committee established for the review of the application of parenting time for child
support has begun meeting. A report is due to the Legislature in January of 2016. If you wish to fol-
low the proceedings, email Julie Erickson at julie.a.erickson@state.mn.us. Your representatives on
this work committee are Sherburne County Attorney Kathleen Heaney and Assistant Ramsey Coun-
ty Attorney Melissa Rossow.
Appellate Services Coordinator Joins MCAA
Kim Gilardi will start on November 18, as a new part time employee working as the Appellate Ser-
vices Coordinator at the MCAA. Kim is a paralegal who comes to the Association with 20 years of
experience at the Court of Appeals and the Supreme Court. Welcome Kim!
WEBINARS
Wednesday, November 18 – Restitution in Minnesota
Noon – 1:00 pm
From 2013 to 2014, the Office of Justice Programs convened the Minnesota Restitution Working
Group to examine how restitution is requested, ordered, and collected in Minnesota. This legislative-
ly-mandated working group included representative stakeholders from all corners of the system and
lead to an extensive set of practice and policy recommendations. As part of this process, the State
Court Administrator’s Office conducted an analysis of court restitution data, revealing interesting
trends in restitution amounts ordered and paid. During the summer of
2015, an ad hoc drafting committee will continue the work of the RWG by working to incorporate the
6. Page 6 The Monthly Brief
statutory recommendations into Minnesota Statutes section 611A.04. Suzanne Elwell, Director,
Crime Victim Justice Unit, Office of Justice Programs and Peter Jannett with the State Court Admin-
istrator’s Office, will join us discuss the findings of the working group.
Wednesday, December - DRE for Prosecutors
Noon – 1:00 pm
Lt. Don Marose, Minnesota DECP Coordinator with the Minnesota State Patrol will discuss the Ba-
sics of the DRE program, including changes to the SFST Curriculum, historical review of the SFST
Validation Studies, test limitations and certification.
FACULTY THANK YOU
April Webinar
Jim Dougherty, Forensic Laboratory Assistant Director, BCA Lab
May Webinar
Dale Klitzke Special Recovery Unit Manager, Department of Human Services
Kendel Waterkamp, Benefit Recovery Attorney, Department of Human Services
Ethics & Elimination of Bias for Government Attorneys
Greg Gibson, Assistant Hennepin County Attorney
Robert Goodell, Assistant Anoka County Attorney, retired
Peter Ivy, Chief Deputy, Carver County Attorney
Timothy Sime, Assistant Sherburne County Attorney
Robin Wolpert, Assistant Washington County Attorney
Daniel A. McIntosh, Steele County Attorney
David Wright, Director, Dual Recovery Program, South Central Human Relations Center
MCAA Child Support Conference
Kathleen Heaney, Sherburne County Attorney
Mark Ponsolle, Assistant Ramsey County Attorney
Melissa Rossow, Assistant Director, Human Services Division, Ramsey County Attorney's Office
Jodie Metcalf, Child Support Magistrate/Manager
Jennifer Ryan, Assistant Itasca County Attorney
Sandra Torgerson, Head Child Support Enforcement Division, Dakota County Attorney's Office
Theresa Farrell-Strauss, Senior, Assistant Hennepin County Attorney
Shila Walek Hooper, Chief Deputy Assistant Isanti County Attorney
Geneva Finn, Department of Human Services
Guy Bowling, FATHER Project Program Manager
Jill Olson, Department of Human Services
Stacie Christensen, IPAD
Steve Snyder, Steven H. Snyder & Assoc., LLC
June Webinar
Karen Kampa Jaszewski, Legal Counsel Division, Minnesota Judicial Branch
Sarah Novak, Legal Counsel Division, Minnesota Judicial Branch
July Webinar
Robert Small, MCAA Executive Director
Lisa Kontz, Assistant Dakota County Attorney
Erin Johnson, Assistant Washington County Attorney
August Webinar
Katie Engler, Senior Legal Analyst, BCA
CHIPS Conference
Rachel Cornelius, Assistant Waseca County Attorney
7. Page 7 The Monthly Brief
Hail/Farewell/In Transition
Transition —Melissa Ja-
cobsen, Asst. Meeker Coun-
ty Attorney to Asst. Henne-
pin County Attorney
Megan Gaudette Coryell, Assistant Le Sueur County Attorney
Michelle Zehnder Fischer, Nicollet County Attorney
Mary Evenhouse, Assistant Itasca County Attorney
Todd Fellman, Senior Assistant Hennepin County Attorney
Heather Griesert, Assistant Mille Lacs County Attorney
Kevin Cedergren, Assistant Carver County Attorney
Jennifer Christensen, Assistant Carver County Attorney
Kathy Eilers, Assistant Ramsey County Attorney
Tracy Harris, Assistant Sherburne County Attorney
Melissa Jacobsen, Assistant Meeker County Attorney
Janine LePage, Assistant Crow Wing County Attorney
Deborah Simonson, Assistant Scott County Attorney
Jennifer Jackson, Assistant Dakota County Attorney
Erin Johnson, Assistant Washington County Attorney
Mary Lynch, Senior Assistant Hennepin County Attorney
Ann Ploetz, Assistant Ramsey County Attorney
Sarah Winge, Assistant Aitkin County Attorney
Matthew Engelking, Chief, Juvenile Division, Stearns County Attorney's
Office
Amanda Sieling, Assistant Yellow Medicine County Attorney
Lori Whittier, Managing Assistant Hennepin County Attorney
Training for New Prosecutors
Phillip Prokopowicz, Chief Deputy, Dakota County Attorney
Paul Young, Division Chief - Violent Crime, Anoka County Attorney's
Office
Daniel Vlieger, Assistant Ramsey County Attorney
Shan Wang, Assistant Chief, Criminal Division, Stearns County Attor-
ney's Office
Joan Bibelhausen, Executive Director, Lawyers Concerned For Lawyers
Linda McBrayer, Sentencing Guidelines Commission
Robert D. Goodell, Attorney at Law
Scott Hersey, Assistant Dakota County Attorney, retired
Cheri Townsend, Assistant Hennepin County Attorney
James Martinson, Chief Deputy, Olmsted County Attorney’s Office
Legal Professional Staff Training
Kristy Walz, Confluence Consulting
Sarah Novak, Legal Counsel Division, Minnesota Judicial Branch
Betsy Parrish, Professor; TEFL and Adult ESL, Continuing Studies,
Hamline University
Phillip Prokopowicz, Chief Deputy Dakota County Attorney
Richard Dusterhoft, Criminal Division Director, Office of the Ramsey
County Attorney
Deputy Eric Schultz and Aspen, Stearns County Sheriff's Office
Officer Janelle Graff and Ruger, St. Cloud Police Department
Sgt Mike Running and Sammy, South St Paul Police Department
September Webinar
Joshua Brand, Assistant Director , Office of Lawyers Professional Re-
sponsibility
Guy Bowling, FATHER Project Program Manager
October Webinar
Matt Frank, Trial and Appellate Division Manager, Assistant Attorney
General
Congratula ons to Itasca
County A orney Jack Mu-
har for receiving a star award at
the TZD conference in the cate-
gory of Judicial/Court systems.
Jack is a strong supporter of TZD
ini a ves, including local com-
munity efforts and media events.
He and his team do an outstand-
ing job of suppor ng law en-
forcement officers ensuring that
offenders are held accountable.
Jack, working with LE in Itasca
county, added a mandatory par-
ent component course for any
juvenile traffic offenses in the
county. In addi on, Jack is an
ac ve member of the Itasca TZD
Safe Roads Coali on and the
Northeast TZD Steering Com-
mi ee.
Congratula ons Jack!
8. Page 8 The Monthly Brief
Minnesota County Attorneys Association
100 Empire Dr., Suite 200
St. Paul, MN 55103
Phone 651-641-1600
Fax 651-641-1666
www.mcaa-mn.org
December 2 – 4 ~ 2015 NEW LOCATION
Hilton Minneapolis / St. Paul Airport - Mall
of America. Make sure you come to the Hil-
ton located at the East end of the strip, 494
and 34th Avenue across from the entrance
to the Minnesota Valley Na onal Wildlife
Refuge. We are in the process of finalizing
another fantas c agenda, which will be sent
out as soon as it is completed.
Par cipants are responsible
for obtaining and paying for
their own lodging.
A block of rooms at the Hilton Minneapolis/St. Paul Airport ‐ Mall of America
have been reserved at the special rate of $114.00 per night.
Call the Hotel directly at 952-854-2100 or
800-445-8667. Be sure to request the Min-
nesota County A orneys Associa ons rate.
Hotel reserva ons must be made
by November 3, 2015, to ensure
the special $114 rate.
DON’T MISS THIS YEAR’S CONFERENCE