By Jennifer Moore, Family Law Attorney

The Minnesota Supreme Court has agreed to hear a case that could have major implications for poor parents who are sued in child protection cases (See The Star Tribune). The question, interestingly enough, isn’t whether parents parents who can’t afford an attorney in a child protection case are entitled to representation. They are. Instead, the question is whether the Court has the authority to require a county to pay for a private attorney or whether representation must be by a public defender. Public defenders are paid for out of the judiciary budget. In the case to be decided by the state supreme court, a Rice County judge appointed a private attorney to represent the indigent parents in a child protection case, ordering the county to pay for it out of their budget.

Private Attorney v. Public Defender

I cannot say enough about the quality of public defenders we have here in Minnesota. However, it is likely that most people would choose a private attorney over a public defender. I did read an interesting article in The Concurring Opinion that theorized that the experience obtained by public defenders make them a better choice for most defendants than a private lawyer. Another problem is that the pay rate for private attorneys performing public defender services can be very low. In Wisconsin, for example, a private attorney who takes a public defender appointment will earn $40 an hour, when the average hourly pay for attorneys in Wisconsin is $188 an hour. (From All Business.) In fact, that $40 an hour is only $5 an hour higher than was paid for public defender appointments in 1978, when the public defender statute was passed.

Public Defender Overload

With the current economic situation, there is a serious problem with overload in the public defender’s office, especially in out-state Minnesota. (See The LaCrosse Tribune and The Star Tribune). Hiring private attorneys to help with the backlog in time-sensitive child protection cases must be a serious temptation to judges balancing their own overcrowded dockets against the welfare of abused and neglected children.

Of course, if the Courts expect private attorneys to accept appointments to represent indigent clients, there needs to be a mechanism to pay the attorney for their time. The attorney who was appointed in the Rice County case has not yet been paid.

Advertisements

New Court Filing Fees in Minnesota 

As of July 1, 2009, new filing fees have gone into effect.  While I knew “they” (The courts in Minnesota) were talking about raising rates, I had no idea by how much.  Wow.  

Court Filing Fees in Hennepin County, MN

Filing for dissolution (divorce) in Hennepin County has gone from $332 to $402.  Filing a motion of any kind such as for child custody or in regard to a trust or estate planning legal matter has gone from $55 to $100.  A complete list of Hennepin County filing fees is available online at the Hennepin County website

 Court Fees in All Minnesota Counties

Filing fees vary by county and by type of matter (Family law, divorce, trust and estate, etc).  Check the State of Minnesota website      for the fee for your particular county and matter. 

 Emily M. Matson, Esq.

emily.matson@moorefamilylawMN.com

Moore Family Law

Plymouth, MN

Minnesota Budget Cuts Will Impact Courts and Consumers

 Budget Cuts for Minnesota Courts

The news from the Governor’s Desk is quite mixed for the judicial system.  The budget signed into law from Governor Pawlenty did contain some minor budget cuts for the Minnesota Courts.  The Courts were already operating on a very slim budget, so the cuts will affect services.   To minimize the impact on consumers of judicial services, the Courts intend to implement some fairly significant increases in filing fees.  

 

No Sales Tax on Legal Services

Also on the legislative radar this year was the imposition of a sales tax on legal services.  It did not pass.  Such a tax would have presented a great hardship to individuals seeking legal representation.  Not only would the tax have increased every legal bill in Minnesota by the sales tax percentage, but it would have increased overhead for attorneys who are unaccustomed to sales tax reporting and collections.  Overhead is the primary determinant of the price of legal services.  

 

Minnesota Court Funding

Full coverage of the court funding issues in Minnesota is at http://www.1000supporters.org/

Jennifer Moore
Moore Family Law, P.A.
Plymouth, MN
jennifer.moore@moorefamilylawMN.com