Appellate Practice Section
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2000-01| 2004-05 | 2005-06 | 2008-09 | 2010-11 | 2011-12

 

MSBA Appellate Practice Section
Annual Report
2011-12

Section Membership

As of April 20, 2012, the Appellate Practice Section has 248 members.

Financial Status

The Appellate Practice Section had an account balance of $3,255.03 as of June 22, 2012. 

Continuing Legal Education Programs and Social Events

The Section hosted the Appellate Practice Institute in March 2012.  Section members and our state and federal judges appeared as panelists and speakers.  Our keynote speaker was Lee Epstein of University of Southern California.

In addition, throughout the month of June, our Section members participated in the Nine Days in June and co-presented with justices of the Minnesota Supreme Court and judges of the Court of Appeals in the 10 judicial districts.

We were pleased to serve as a sponsor of an all-day CLE event at William Mitchell College of Law celebrating the life and legacy of Justice John Simonett.

Finally, our section hosted eight shorter CLE programs in fiscal year 2011-12, including the Section’s quarterly luncheon series. 

 

Program Title

Date

Event Code

CLE Credits

Number of Attendees

A Review of the U.S. Supreme Court's 2010 Term (co-sponsored with Civil Litigation)

8/10/2011

158143

1.5 Standard

79

Pro Bono Asylum Training

9/20/2011

159598

1.0 Standard

23

The United States Supreme Court Preview: 2011 Term

10/24/2011

160437

1.0 Standard

58

Practice Tips from the Minnesota Supreme Court

1/24/2012

162607

1.0 Standard

 69

The Year in Review: Significant Minnesota Appellate Cases in 2011-2012

2/13/2012

164047

1.0 Standard

44

Appeals: Can I Appeal? Should I? How? | Part 3: Litigation Series (co-sponsored with Civil Litigation & Solo-Small Firm Section)

3/30/2012

164913

1.0 Standard

31

U.S. v. Jones, Emerging Technologies and the Fourth Amendment

4/17/2012

165929

1.0 Standard

39

Annual Meeting & Dinner - Welcoming Three New Appellate Judges

5/14/12

167143

 

52

The Section is planning an August luncheon devoted to debating the merits of the US Supreme Court’s decision in the healthcare case.  The Section also is planning a training in September for handling unemployment compensation appeals.  Finally, the Section is planning to host a retirement party for Justice Meyer.

Additional Accomplishments

Our Section has been monitoring the legislature’s funding of the right to counsel in misdemeanor appeals.  We formally retained Brad Delapena to handle a misdemeanor appeal as a pilot case.  The pilot case would permit us to evaluate the feasibility of a pro bono program designed to match attorneys with misdemeanor appellants.  Brad was successful in securing the dismissal of the appeal and we learned that the executive branch will fund transcripts and attorneys’ fees in these types of cases.  It is likely that misdemeanor appeals will now be included in our criminal defense pro bono program.

Our Section was invited by the Court of Appeals to assist in evaluating the feasibility of expanding its mandatory family law mediation program to include new areas of the law.  Judges Minge, Hudson and Stoneburner presented the issue at the MSBA’s Council of Section Chairs to obtain feedback from the sections regarding the idea of expanding mandatory mediation.  We are grateful for the support that Brent Routman has provided for this project.

Annual Meeting and Election Results

The following individuals were elected to serve on the Appellate Practice Section Council:

Chair: Jon Schmidt
Vice Chair: Karen Cole
Secretary/Treasurer: Erik Hansen

Council Members (Term):

Paul Banker
Rachel Bond
Mark Bradford
Stephen Buterin
Elizabeth Kramer
Sarah McLaren
Jeffrey Muszynski
Thomas Radio
Robert Sicoli
Sharon Van Dyck
Ann Anaya
Ben Butler
Brad Delapena
Tim Droske
Dean Eyler
Amy Lawler
Aaron Van Oort
Robin Wolpert
Jennifer Young

Robin Wolpert, Section Chair
Date 7-8-12

 

MSBA Appellate Practice Section
Annual Report
2010-11

Section Membership
As of June 16, 2011, the Appellate Practice Section has 234 members.  This is an 8% increase in membership since July 1, 2010.

Financial Status
The Appellate Practice Section had an account balance of $2,431.59 as of April 30, 2011. 

Continuing Legal Education Programs and Social Events
The Section hosted six CLE programs in fiscal year 2010-11, including the Section’s quarterly luncheon series and the Minnesota Appellate Clerks Reunion.  The Section was also the lead sponsor of the 2011 Appellate Practice Institute, which garnered the most attendees in the history of the Institute.

Program Date

Program Title

CLE Credit and Event Code

# of Attendees

8/2/2010

The Resurrection of the Second Amendment

147201; 1.0 Standard

43

10/25/2010

The United States Supreme Court Preview: 2010-11 Term

149453; 1.0 Standard

59

2/10/2011

Citizens United and the Future of Free Speech

152844; 1.0 Standard

40

3/4/2011

Appellate Practice Institute

152396; 6.5 Standard

130

4/28/2011

Boumediene Three Years Later: All Sound and Fury…?"

154837; 1.0 Standard

38

5/17/2011

This Presentation is Brought to You by the Letter "I" and the Number "1"

156151; 1.0 Standard

36

6/3/2011

The Road Less Traveled to the Federal District Court

156001; 1.0 Standard

69

Legislation and Amicus Briefs

The Section was asked by the MSBA President to consider an amicus brief to the Supreme Court of Minnesota on an issue relating to funding of public defenders, but after extensive consideration decided not to submit a brief.

Annual Meeting and Election Results
The Section’s annual meeting and elections took place on May 17, 2011, at 5:30 p.m. at Jax Café in Minneapolis.  Following the business meeting and elections, Judge Toussaint was the keynote speaker.

The following individuals were elected to serve on the Appellate Practice Section Council:

Chair: Robin M. Wolpert (Greene Espel)
Vice Chair: Jonathan P. Schmidt (Briggs & Morgan)
Secretary/Treasurer: Karen R. Cole

Council Members (Term):

The following new council members were elected to three-year terms beginning July 1, 2011, and ending June 30, 2014:

Robert D. Sicoli
Law Offices of Robert D. Sicoli
8000 Flour Exchange Building
310 Fourth Avenue South
Minneapolis, MN 55415
612-871-0708
Fax: 612-871-0960
bsicoli@usinternet.com

Sharon Van Dyck
Van Dyck Law Firm, PLLC
5354 Parkdale Drive, Suite 103
St. Louis Park, MN 55416
952-746-1095
Fax: 952-746-1096
sharon@vandycklaw.com

Paul Banker
Lindquist & Vennum PLLP
4200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
612-371-3969
Fax: 612-371-3207
pbanker@lindquist.com

Thomas J. Radio
Hinshaw & Culbertson LLP
333 South Seventh Street, Suite 2000
Minneapolis, MN 55402
612-334-2653
Fax: 612-334-8888
tradio@hinshawlaw.com

Mark R. Bradford
Bassford Remele
33 South Sixth Street, Suite 3800
Minneapolis, MN 55402-3707
612-376-1667
Fax: 612-746-1267
mbradford@bassford.com

 

Other Section Accomplishments

1.         The Section began a program of annual training sessions for pro bono appellate work, beginning in 2011 with training for handling pro bono appeals for the Public Defender’s office.  In 2012, the training session will focus on immigration appeals to the Eighth Circuit (in conjunction with Minnesota Advocates for Human Rights), and in 2013 the Section will resume its training for handling workers’-compensation cases before the Minnesota Court of Appeals.

2.         The Section increased its inclusion of lawyers who practice criminal law by adding another council member (Robert Sicoli) whose practice focuses on criminal law. He joins Rachel Bond of the State Public Defender’s Office.  The Section has historically had a very high percentage of civil practitioners.  One of the Council’s goals this year—and in coming years—is to increase the representation of criminal-law practitioners.

3.         The Section continued its hugely-successful and highly-regarded series of lunchtime seminars featuring national speakers on topics of appellate interest.  This year’s speakers included Lyle Denison, a 40-year Supreme Court journalist (speaking on the Guantanamo detainee case, Boumediene) and Professor Dale Carpenter (speaking on the Supreme Court’s high-profile Citizens United decision). 

 

Submitted By:
Charles Webber, Section Chair

______________________________________________________________________________________

MSBA APPELLATE PRACTICE SECTION
2008-2009 Annual Report
By Sherri D. Hawley, Chair of the MSBA Appellate Practice Section


Membership: The Section had 164 members this year.

Continuing Legal Education:
The section hosted or co-sponsored the following CLEs:
            Quarterly Lunches – September 29, 2008, January 26, 2009, April 27, 2009
            Court of Appeals Reunion, October 10, 2008
            25th Anniversary of the Court of Appeals, November 6, 2008
            Annual Year in Review, February 23, 2009
            The Third Annual Appellate Practice Institute, March 6, 2009
            Annual Dinner, with Justice Barry Anderson as speaker, May 12, 2009
            Pro Bono Unemployment Compensation Appeals training, June 19, 2009

Pro Bono Program:
The Section's pro bono program facilitates the introduction of volunteer appellate lawyers to individuals who have initiated appeals from the denial of unemployment compensation benefits. Due to the rise in unemployment compensation claims, the Section will be hosted another training to recruit new volunteers.

Website and practicelaw.org:

Louise Behrendt and Karen Cole worked with the MSBA staff regarding ongoing improvements to Practicelaw.org.

Council Meetings:

The Section council met once a month from September through May on the first Thursday of each month at 12:00 p.m. at the MSBA's offices in Minneapolis. Council attendance was quite good and participation by members of the Council was excellent.

Annual Meeting:

The Section held its annual meeting on May 12, 2009, at McCormick & Schmick’s in Minneapolis. Following the dinner meeting, the Section heard from the Honorable Barry Anderson of the Minnesota Supreme Court who was the featured speaker for the evening.

Election Results:
The members attending the annual meeting voted unanimously for the following officers and council members:

Officers for fiscal 2009-2010 are:
Chair: Steve Buterin, Coleman, Hull & van Vliet
Vice Chair: Chuck Webber, Faegre & Benson
Secretary/Treasurer: Robin Wolpert, Greene, Espel

The 2009-2010 Council will be comprised of the following:
John M. Baker, Greene Espel PLLP, Minneapolis
Louise A. Behrendt, Stitch Angell Kreidler & Dodge PA, Minneapolis
Louise Dovre Bjorkman, Larson King LLP, Saint Paul
Diane Bratvold, Briggs & Morgan
Karen R. Cole, Saint Paul
Peter D. Gray, Halleland Lewis Nilan & Johnson PA, Minneapolis
William M. Hart, Meagher & Geer PLLP, Minneapolis
Kay N. Hunt, Lommen Abdo Cole King & Stageberg PA, Minneapolis
Charles K. Maier, Gray Plant Mooty Mooty & Bennett PA, Minneapolis
Andrea E. Reisbord, Cousineau McGuire & Anderson Chrtd, Minneapolis
Karl E. Robinson, Winthrop & Weinstine PA, Minneapolis
Jonathan P. Schmidt, Briggs and Morgan PA, Minneapolis
James S. Simonson, Gray Plant Mooty Mooty & Bennett PA, Minneapolis
Paula D. Vraa, Larson King LLP, Saint Paul
Kenneth R. White, Law Office of Kenneth R. White, Mankato
Honorable Bruce D. Willis, Minnesota Court of Appeals, Saint Paul
Robin Wolpert, Greene Espel PLLP, Minneapolis

The Section's MSBA representative for 2009-2010 will be Vice Chair, Chuck Webber.

Fiscal Status:
The Section finished the year with a surplus of $3,820.73 as of May 31, 2009.

 


MSBA APPELLATE PRACTICE SECTION
2005-2006 Annual Report

By Thomas H. Boyd, Chair of the MSBA Appellate Practice Section


The Appellate Practice Section of the MSBA had an active year:

Membership:

The Section currently has 162 members, which is an increase from 150 members when the fiscal year began. The Section is planning to find ways to continue to expand its membership and, in particular, stimulate greater involvement and participation by attorneys in greater Minnesota.

Continuing Legal Education:

The Section presented two excellent CLE programs this year.

The first program, which took place on January 26, 2006, was entitled "Minnesota Court Appeals Key Cases in 2005," and was presented by the Honorable Willhelmina Wright and the Honorable Christopher Dietzen of the Minnesota Court of Appeals. This program provided an excellent overview of the significant appellate decisions over the past year. The program was very well attended and extremely informative.

The second program, held on February 24, 2006, was entitled "Topics for the Experienced Appellate Practitioner." The program was moderated by Katherine McBride of Meagher & Geer, and included panel members William Hart of Meagher & Geer, Kay Nord Hunt of Lommen Nelson, the Honorable Edward Stringer formerly of the Minnesota Supreme Court, and Sharon Van Dyck of Schwebel Goetz & Sieben. The program delved into interesting issues relating to the application of the collateral order doctrine and the role of amicus curiae in appellate proceedings.

The Section is also exploring the possibility of developing an annual all day CLE program on appellate procedure and practice. Louise Dovre Bjorkman of Larson King and Bruce Jones of Faegre & Benson have taken the lead in developing the plans for such a program.

Pro Bono Program:

The Section's pro bono program facilitates the introduction of volunteer appellate lawyers to individuals who have initiated appeals from the denial of unemployment compensation benefits. Earlier this year, the Section conducted a survey to obtain member input regarding the operation of this program and develop ideas as to the future direction of the program. The Section membership seems to be very supportive of continuing the pro bono program, and the committee responsible for the program will be developing recommendations on ways to continue the program and possibly expand these types of services into other types of appeals.

Website and practicelaw.org:

Sherri Hawley took the lead in coordinating a review of the current website and the updating of the appellate materials on practicelaw.org.

Council Meetings:

The Section council met once a month from September through June on the first Thursday of each month at 12:00 p.m. at the MSBA's offices in Minneapolis. Council attendance was quite good and participation by members of the Council was excellent.

Special Events:

The Section continued its tradition of hosting welcoming events for newly appointed members of Minnesota appellate courts.
On December 7, 2005, the Section sponsored such a reception in Bloomington to honor the retirements of the Honorable Robert H. Schumacher and the Honorable James C. Harten of the Minnesota Court of Appeals, as well as welcoming the Honorable Renee L. Worke to the Minnesota Court of Appeals.

On May 10, 2006, the Section held a welcoming reception in St. Paul for the Honorable Lori Skjerven Gildea, as the newest member of the Minnesota Supreme Court, and the Honorable Kevin G. Ross, as the newest member of the Minnesota Court of Appeals.

Annual Meeting:
The Section held its annual meeting on May 10, 2006, at the Commodore Hotel in St. Paul. Following the dinner meeting, the Section heard from the Honorable Paul H. Anderson of the Minnesota Supreme Court who was the featured speaker for the evening.

Election Results:
The members attending the annual meeting voted unanimously for the following officers and council members:

Officers for fiscal 2006-2007 are:
Chair: Kate McBride, Meagher & Geer
Vice Chair: Diane Bratvold, Rider Bennett
Secretary/Treasurer: Sherri Hawley, Walling Berg & Debele

Council members elected terms beginning fiscal 2006-2007 are:
Karl Robinson, Winthrop & Weinstine
Peter Gray, Rider Bennett
Judge Kevin Ross, Minnesota Court of Appeals
Judge Bruce Willis, Minnesota Court of Appeals
Chuck Webber, Faegre & Benson
Louis Behrendt, Stitch Angell Kreidler & Dodge
Charles Maier, Gray Plant Mooty
Angela Crandall, Faegre & Benson
Ken White, Law Office of Kenneth R. White
Kevin Lindsey, Halleland Lewis Nilan & Johnson

The Section's MSBA representative for 2006-2007 will be Steve Buterin of Coleman Hull & VanVliet, and the alternate will be Larry Hammerling of the Public Defenders Office.

Bylaw Amendments:
The Section considered, approved, and adopted at the May 10, 2006 annual meeting the bylaw changes that had been proposed by the MSBA.

Fiscal Status:
The Section finished the year with a modest surplus.


MSBA Appellate Practice Section
2004-2005 Annual Report

By Lawrence Hammerling, Chair of the MSBA Appellate Practice Section

The Appellate Practice Section of the MSBA had an active year:

Membership:
Section membership has grown this year from 128 when fiscal 2005 began to our present membership of 150.

Pro Bono Project:
The Pro Bono Project of the Appellate Section is chaired by Tom Boyd of Winthrop & Weinstine. The Project accepts referrals from the Minnesota Court of Appeals, and from a number of legal service organizations providing representation to poor people, and provides volunteer lawyers to handle appeals for them. The Project has continued to provide representation to new clients during the year past. It has been praised by Chief Judge Toussaint, and several other Judges of the Court of Appeals, for the quality of representation provided and the ability of Project lawyers to develop issues. The work of the Project was chronicled by Mr. Boyd in the Fall 2004 issue of The Journal of Appellate Practice and Process, a publication of the William H. Bowen School of Law of the University of Arkansas, in an article entitled Minnesota's Pro Bono Appellate Program: A Simple Approach that Achieves Important Objectives.

Continuing Legal Education:
The Section presented two CLE events this year.

The first was held on February 7, 2005 and featured Chief Judge Edward Toussaint and Judge Wilhelmina M. Wright providing an update on the year in the Court of Appeals. This program has become an Appellate Section tradition and is always well attended. One hour of general credit was provided for this program.

The second was held on May 17, 2005, in conjunction with the Appellate Section annual meeting, and featured a presentation by Peter B. Knapp, Professor of Law and Co-director of Clinics at William Mitchell College of Law, entitled: Minnesota Supreme Court - Trends and Predictions. CLE credit has been applied for Professor Knapp's presentation.

Council Meetings:
The Section council met once a month from September through May. Meetings are held on the first Thursday of the month, at noon, in the offices of the MSBA in Minneapolis.

Annual Meeting:
The Appellate Section held its first annual meeting on May 17, 2005 at Solera, a restaurant in Minneapolis. Membership enjoyed a social hour, voted on proposed changes to Section bylaws and upon officers and council members, and then had dinner and listened to the presentation by Professor Knapp.

Special Events:
The Section continued its tradition of hosting a welcoming event for newly appointed members of the Supreme Court and the Court of Appeals. On January 13, 2005, a Judicial Center reception was held for Justice G. Barry Anderson and Judge Christopher J. Dietzen. Many members of both courts attended.

Election Results:
The members attending the annual meeting voted unanimously for the following officers and council members:

Officers for fiscal 05-06 are:
Chair: Tom Boyd
Vice Chair: Kate McBride
Sec/Treasurer: Diane Bratvold

Council members elected to three year terms beginning fiscal 05-06 are:
Paul Banker
Ken Bayliss
Louise Bjorkman
Wayne Moskowitz
Andrea Reisbord
Erica Strohl
Paula Vraa

Our MSBA representative for 05-06 is Steve Buterin and our alternate is Larry Hammerling.

Bylaw Amendments:
The Section held a special meeting on April 7, 2005 to consider amending our bylaws to permit the annual meeting to be held independently of the MSBA annual meeting. The Section members present approved the change unanimously.

The Section considered more extensive bylaw changes at our annual meeting on May 17, 2005. The changes conformed our bylaws to the MSBA bylaws in several respects and also authorized notice of meetings and special meetings by email or comparable means and voting by email or comparable means.

The bylaws as reconstituted are posted on the Section webpage.

Fiscal Status:
The Section finished the year with a modest surplus.


MSBA Appellate Practice Section
2000-01 Annual Report

The Appellate Practice Committee had an active year.

1. The Committee held several Continuing Legal Education events, mostly over lunch time, addressing a variety of appellate practice issues. These sessions were well attended and provided useful information to those involved.

2. The Committee also began the process of working on a website to assist practitioners in addressing various appeal issues. The website development subcommittee continues to work on the process and has a number of editors involved. The website will be helpful both to attorneys who practice regularly in the appellate courts and to those who handle only an occasional appeal.

3. The Committee also established a pro se subcommittee. The appellate courts continue to face significant issues with pro se litigants like much of the rest of the court system. The Committee is working on establishing a means to allow the Court of Appeals to refer matters to a panel of lawyers where it appears that legal representation would be of some benefit. It is hoped that this process would be up and running during the next Bar year.

4. The Committee also decided to participate in this year’s MSBA Convention. A successful convention program entitled "So you want to be a Judge?" was held. Governor Ventura was the keynote speaker. The panel also included members of the judicial selection commission and three judges appointed by Governor Ventura. It was attended by about 80 people and was well received by all in attendance.

5. Finally, the Committee took the necessary steps to become a section starting with the 2001 Bar year. This was considered another major accomplishment for this new group.

- Last Updated 06/26/2013 -