Newsletters

Public Law Newsletter | Fall 2020 | Volume XXX Issue 2

by Abby Ward | Mar 19, 2021

Issue Editor: Ethan Landy, Minnesota Department of Labor and Industry

The 2020-21 Public Law Section Council members are:

Justin Kwong, Co-Chair, Minnesota Department of Health
Katherine Swenson, Co-Chair, Greene Espel PLLP
Catherine Miller, Treasurer, Rice County Attorney's Office
Ethan Landy, Secretary, Minnesota Department of Labor & Industry
Amber Eisenschenk, Member, League of Minnesota Cities
Lisa Godon, Member, Hennepin County Attorney's Office
Craig Gustafson, Member, Minnesota Department of Transportation
Margaret Jacot, Member, Metropolitan Council
Kathryn Landrum, Member, Minnesota Attorney General's Office
Sarah McGee, Member, Minnesota State Colleges & Universities
Nancy Norman Sommer, Member, Anoka County Attorney's Office
Andrew Wold, Member, Minnesota Housing Finance Agency
The Hon. Tracy Smith, Ex Officio Member of the Judiciary, Minnesota Court of Appeals
James Berg, Student Liaison, St. Thomas School of Law
Ivy Marsnik, Student Liaison, University of Minnesota Law School
Cyle Cramer, Student Liaison, Mitchell Hamline School of Law

Much thanks to the 2019-2020 Public Law Section Council:

Andrew Wold, Amy Schmidt, Margaret Jacot, Catherine Miller, Justin Kwong, Amelia Jadoo, Nancy Norman Sommer, Ethan Landy, Amber Eisenschenk and Craig Gustafson. Not pictured: Lynn Belgea, Katherine Swenson, Marissa Wunderlich, and Adam Rowe-Johnson

2020 Public Law Section Annual Meeting

By: Justin Kwong, Minnesota Department of Health and Kate Swenson, Greene Espel, PLLP

On June 12, 2020 the Public Law Section held its annual meeting and remote elections for the 2020-2021 bar year. The annual meeting and elections were held virtually due to COVID-19. Although the Section missed the opportunity to interact with our colleagues and have a CLE component, the first virtual election was successful. The Section was able to present a new slate of officers and members for elections to the 2020-21 Public Law Section's executive board.

The Council is happy to welcome the following new council members elected to serve on the Section's Governing Council for the 2020-21 bar year:
Lisa Godon, Hennepin County Attorney’s Office
Kathryn Landrum, Minnesota Attorney General’s Office
Sarah McGee, Minnesota State Colleges & Universities
The Hon. Tracy Smith, Minnesota Court of Appeals (ex-officio member of the judiciary)

The Council also welcomes back two of our law student liaisons and welcomes a new one! The Council thanks them for their involvement and commitment to the Public Law Section's work:
Ivy Marsnik, University of Minnesota Law School (returning liaison)
Cyle Cramer, Mitchell Hamline School of Law (returning liaison)
James Berg, Student Liaison, St. Thomas School of Law (new liaison for the 2020-21 bar year)

Scroll to the end of this newsletter to read the Public Law Section's 2019-2020 Annual Report.

After the elections, the new executive council invited attendees to propose CLE ideas for the upcoming bar year. There were a number of positive contributions to the list. The Public Law Section is hopeful that next year’s annual meeting will be able to be held in-person, but we are grateful to all those who attended the virtual meeting and helped elect this year’s council members.

2019-20 Public Service Awards and Ceremony

By: Ethan Landy, Minnesota Department of Labor and Industry

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On September 4, 2020, the Public Law Section held a virtual awards ceremony for its annual public attorney award recipients from the 2019-20 bar year. The awards have traditionally been the highlight of the Public Law Section’s annual meeting in the Spring, but due to COVID-19 the recipients were recognized in a separate ceremony to cap the 2020 “CLE on a Stick” week.

The nominators shared a common sentiment that Minnesota thrives on the dedication and commitment to public service of all the honorees.

The award recipients likewise all noted the incredible support they have had from colleagues, families, and friends.

Sixty-eight people, including Minnesota Attorney General Keith Ellison, attended the virtual ceremony to recognize the following recipients of the 2019-2020 public service awards:

Rosalie E. Wahl Judicial Award of Excellence
The Rosalie E. Wahl Judicial Award of Excellence is named for former Minnesota Supreme Court Justice Rosalie Wahl, whose work as a Justice encompassed the attributes of the award. Justice Wahl was highly regarded, not only for her work as a judge but also for her dedication to and tireless efforts on projects to improve the justice system. The requirements to receive the award include judges who have high ideals, personal character, and judicial competence, but also have gone beyond the ordinary call of duty, participating in projects focused on improving the quality of justice or the justice system.

The Honorable Jill Flaskamp Halbrooks, former Minnesota Court of Appeals Judge, was this this year’s recipient of the Rosalie Wahl Award. She was nominated by Katherine Swenson and Gregory Brooker.

Click here to read about the rest of 2019-2020 Award Winners.

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Eyes on the Court

By: Christina Benson, Law Clerk, League of Minnesota Cities

In Cilek v. Office of Minnesota Secretary of State, 941 N.W.2d 411 (Minn. 2020), the Minnesota Supreme Court recently held the Secretary of State complied with the Minnesota Government Data Practices Act, specifically Minn. Stat. §§ 13.01 and 13.607, by limiting access to voter data from the Statewide Voter Registration System (SVRS) to the public information list described in Minn. Stat. § 201.091. Read more...

Public Service Projects

By: Kim Mesun, Minneapolis School District

Due to COVID-19, the Public Law Section group has unfortunately been unable to participate in the Ronald McDonald House Cooking for Kids program since April. The scheduled April, June and August meals were canceled.

The Public Law Section did donate $600 to Ronald McDonald House in June, the money PLS had budgeted for the scheduled April and June meals. The Ronald McDonald House staff were very grateful for this donation and the money was used to pay for staff-prepared and catered meals for the families. The Ronald McDonald House continues to provide three healthy meals a day, plus snacks, to families.

Because the COVID-19 restrictions have not been lifted, the scheduled October 7 event is also canceled. The section will be donating $600 to Ronald McDonald House again to cover costs for the August and October meals. Should section members be looking for other ways to support RMH families, RMH provided the following options:

Consider ways to Support Families from a Safe Social Distance including Wish List drives, game nights, and tournaments. Our Community Engagement Manager, Marge Kajer, is happy to support your efforts and she can be reached at 612-767-2791 or mkajer@rmhtwincities.org

Check out Cooking with Love, a free Facebook Live Cooking Series happening every Friday afternoon this month. Jump on the RMHC-UM Facebook page and check out some awesome chef led cooking classes from the comfort of your home. Past segments and upcoming schedule available here: https://rmhtwincities.org/love/

News from the Bench

By: Kim Mesun, Minneapolis Public Schools

JusticeGordonMoore

Governor Tim Walz appointed Judge Gordon Moore to serve as the next associate justice of the Minnesota Supreme Court. Moore fills the vacancy created upon the retirement of Justice David Lillehaug, who served on the Supreme Court since 2013. Moore brings over 30 years of legal experience to the Court.

Honorable Theodora Gaïtas

Governor Walz appointed Judge Theodora Gaïtas to the Minnesota Court of Appeals. Judge Gaïtas will fill the vacancy occurring with the retirement of the Honorable John Rodenberg. This seat is designated as an at-large seat.

Judge Gaïtas served as a judge in the Fourth Judicial District chambered in Minneapolis, where she presided over criminal matters and co-chairs the district’s Domestic Violence Steering Committee. Previously, she practiced with Matonich Law, where she represented individuals in medical negligence and medical device litigation throughout Minnesota. Prior to practicing at Matonich Law, Judge Gaïtas served as an appellate public defender with the Minnesota Appellate Public Defender’s Office, a trial-level public defender in Pennsylvania, and a judicial clerk at the Minnesota Court of Appeals.

Read more about Justice Moore and Judge Gaïtas along with the other judicial appointments...

Department of Administration Advisory Opinion Index and Joining the Data Practices Committee

By: Amber Eisenschenk, League of Minnesota Cities

The Data Practices Committee met for the first time in the new bar year on September 14th with new co-chairs Amber Eisenschenk (League of MN Cities) and Chris McNulty (MN Dept. of Ag) leading the discussion. Longtime co-chairs Lynn Belgea & Katie Engler both retired over the summer, and the committee wishes to extend its gratitude for their longtime service.

The Data Practices Office did not issue any new Advisory Opinions over the summer.
Anyone with an interest or role in data practices is encouraged to join the committee and attend meetings. Meetings will continue to be held virtually this fall and you can email Amber at aeisenschenk@lmc.org to be added to the email distribution list for future meetings.

Upcoming Public Law Section CLEs

By: Nancy Norman Sommer, Assistant Anoka County Attorney

The Public Law Section has been working diligently to continue to provide timely, safe and affordable Continuing Legal Education courses during this difficult time. For the immediate future and until it is safe to gather in large groups, all of our courses will be conducted virtually.

In early September the PLS Council hosted the CLE on a Stick series which was very popular. Topics during the week included COVID and the Election on September 1, Student Loans and Cares Act on September 2, and COVID and the EEOC on September 3. On September 4, the Public Law Section virtually presented its 2019-20 annual awards to outstanding public lawyers throughout the state.

For the 2020–2021 bar year, the Public Law Section has planned CLEs on the following topics:
- October 16th 12:00 - 1:00 pm | The Minnesota Appellate Courts Strengthen Employee Protections
- November 20th 12:00 - 1:00 pm | Police Reform and Arbitration Panel
- December 18th 12:00 - 1:00 pm | Reflection on the 2020 Presidential Election

We hope you can join us for these upcoming programs. Topics being discussed for later in the year include New Lawyers in Government Practice, Governmental Immunities, the Environment, and Accommodations in the Workplace. We’re always looking for new ideas. Please contact Abby Ward at award@mnbars.org with any topics of interest that you would like us to consider.

At least two weeks prior to each CLE presentation, registration for the events will be available on the MSBA Public Law Section website and notice of the upcoming presentations will be sent out. While the presentations are conducted virtually, all PLS members and students can attend for free and non-section members can attend for just $5.

Please consider joining the PLS for awesome savings on all CLE costs as well as a unique opportunity to interact with your peers in the government sector.

Recipe: Seeded Pumpkin Breakfast Bread

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From: Katherine Swenson, Greene Espel PLLP
(credit: Isabel Castillo and Karlee Rotoly)

Seeded Pumpkin Breakfast Bread

This hearty loaf is chock-full of nuts and seeds. Feel free to get creative with substitutions—dried cranberries or chocolate chips work well instead of figs, for example, and sweet-potato puree can be used instead of pumpkin. Double the spices for a seasonal kick, or spread the slices with Nutella for a special treat.

Ingredients (serves 8):
1 1/2 cups raw walnuts, halves, toasted and chopped
1 cup raw pepitas (or pre-roasted)
1/4 cup chia seeds
1 cup dried fig, sliced
1/2 cup flaxseed
2 3/4 cups old-fashioned rolled oats
1 tablespoon pumpkin spice (can be doubled)
2 teaspoons fine sea salt
15 oz unsweetened pumpkin puree
1 cup milk (or milk substitute)
1/4 cup olive oil
1/2 cup maple syrup
1/3 cup flaxseed meal

Directions:
Preheat the oven to 350 degrees F. Line a baking sheet with parchment paper.

Add the walnuts and pepitas (if raw) to the prepared baking sheet. Toast in the oven for 10 minutes, until golden brown and fragrant. Remove from heat and let cool.

In a medium bowl, mix together the toasted walnuts and pepitas, chia seeds, figs, flaxseeds, oats, pumpkin spice, and salt.

In a large bowl, whisk together the pumpkin puree, milk, olive oil, and maple syrup.

Then, add the flaxseed meal and dry ingredients and stir with a spatula to incorporate. The “dough” will be moist and somewhat loose.

Transfer the batter to a 9x5-inch (23x13 cm) loaf pan, packing it into the pan. Cover with plastic wrap and let sit at room temperature for 2 hours.

Preheat the oven to 400 degrees F.

Bake for 1 hour and 20 minutes. The loaf will become very browned during baking. Remove from the oven and let cool for 15-20 minutes before slicing.

2020 Annual Report

By: Justin Kwong, Minnesota Department of Health and Kate Swenson, Greene Espel, PLLP

This year we’ve all made adjustments to our personal and professional lives in ways that none of us could have imagined. During this time of distancing and disruption, we’ve been tapping into new practice tools, resources, and technology. More importantly, we’ve been relying on our networks and professional community to stay informed, supported, and connected. As a member of that community, we want to thank you. Your membership and involvement has helped provide these resources and is reflected in the Public Law Section's accomplishments featured here in the Annual Report.

We hope that you have found value in the support you find as part of this community. The Public Law Section has been working diligently to continue to provide timely, safe, and affordable Continuing Legal Education courses during this difficult time. For the immediate future and until it is safe to gather in large groups, all of our courses will be conducted virtually.

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