June 12, 2020
Contact: Cheryl Dalby, CEO
cdalby@mnbars.org/612-333-1183

100 years later, justice at last for Max Mason

The Minnesota State Bar Association applauds the action of the Minnesota Board of Pardons earlier today in granting the first posthumous pardon in the state’s history to Max Mason, a 21-year-old black man who was falsely accused and later convicted of rape in the aftermath of the lynching of three of his fellow African American circus workers in Duluth on June 15, 1920.

The MSBA, along with many others in the Minnesota legal community, supported the application for this unprecedented pardon—prepared and argued before the Board by Minneapolis attorney Jerry Blackwell—by providing a letter on Mason’s case and a column on the Duluth lynchings, both written by MSBA President Tom Nelson, as materials backing the application.

“Our State's treatment of Mr. Mason, and the tragic and terroristic events of Duluth in the 1920s, have long been a stain on our State and society—rooted in a racism that continues to haunt and harm our lives, and enacted under a purported and twisted version of the rule of law,” Nelson wrote on behalf of the bar. “[I]t is always the right time to right a wrong—and Mr. Mason's arrest, conviction, imprisonment and banishment is a wrong that has long called for righting.”

On Monday, May 25, 2020, video footage circulated of the violent killing of George Floyd in an incident involving Minneapolis police officers. In the video, a Minneapolis police officer is seen kneeling on Mr. Floyd’s neck for over five minutes, while Mr. Floyd repeatedly states, “I can’t breathe.” We write today to join in the grief and anger over the fact and manner of Mr. Floyd's death, to pledge that his death will be honored and not forgotten, and to commit ourselves to the continuing effort to bring justice to the fore, for Mr. Floyd and his family and friends, of course; but also for our shared community. The Minnesota bar associations, and the legal profession itself, are dedicated to the Rule of Law, equal justice for all, and the dignity and sanctity of human life.

More than just an isolated incident, Mr. Floyd’s killing highlights an ongoing problem. In a state and country devastated by the deaths of Black and Brown people at the hands of police officers, drastic changes are needed in our approach to public safety. The Minnesota State Bar Association, Hennepin County Bar Association, Ramsey County Bar Association and the Minnesota Chapter of the Federal Bar Association support the equal administration of justice for all, and to that end, envision a Minnesota where law enforcement personnel are held to a standard of treating all individuals with dignity.

Just as the legal profession is charged with promoting and delivering the principles of equal justice in our communities, the police must promote and deliver the principles of equal justice and administration of justice for all people. Acts of misconduct against people of color reduce the public’s trust in police, the police force and the administration of justice. If a Black man in south Minneapolis can be brutally choked by law enforcement, whose motto is to protect with courage and to serve with compassion, no individual should feel safe.  

The Bar Associations call on Governor Walz and all other public officials and law enforcement agencies across the state to actively confront the systems and cultures within their police departments that have repeatedly allowed people of color to be brutalized and killed.

The Bar Associations also recognize that the rule of law needs to protect us all and must exist at all levels of our justice system. We support the lawyers, judges and other court personnel who will work on all sides of this issue to ensure that the constitutional rights of all involved are respected and justice is achieved.

The Bar Associations envision a state where no person must fear the police and where arrest and use of force by law enforcement are last resorts, not first options. The peace and well-being of our community relies on trust in our system of justice. We pledge to participate in the healing that must come after the events of the past week, and to lift and support the voices and actions of others working toward the goals of equal access to justice and equal administration of public safety for all people. The Bar Associations further renew their commitment to their vision of being leaders in achieving equal justice for all.

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Lawyers Concerned for Lawyers is always available to assist lawyers, judges, law students and their family members who are struggling. For free, confidential assistance, call 651-646-5590 or 1-866-525-6466. Please also remember the MSBA's SOLACE program, which exists to help members who are experiencing hardship. Learn more about getting, and giving, help through SOLACE.

In the coming days, the bar association websites will list opportunities for our members to work toward the changes called for in this statement or provide assistance to those suffering after the events of the last week.

This statement reflects the position of the Minnesota State Bar Association, Hennepin County Bar Association, Ramsey County Bar Association and the Minnesota Chapter of the Federal Bar Association. It does not necessarily reflect the position of the national Federal Bar Association. Board members affiliated with the judicial and executive branches of the federal, state and local governments did not participate in the issuance of this statement.

 

Contact:
Cheryl Dalby, CEO
cdalby@mnbars.org
(612) 333-1183

April 8, 2020: Today the Minnesota State Bar Association released the following statement regarding the rising incidence of discrimination against Asian Americans in Minnesota and around the country during the COVID-19 pandemic. “Our bar association and our legal community—and for that matter, our system of justice and the promise of our great nation—stand for equality, respect, and the rule of law,” said MSBA President Tom Nelson. “Hatred, bigotry, and downright racist meanness should have no place or protection during these or any times.”

 MSBA STATEMENT ON ANTI-ASIAN DISCRIMINATION DURING COVID-19 PANDEMIC

The Minnesota State Bar Association (MSBA) denounces the increase in racist attacks and xenophobic profiling against members of the Asian-American community in the wake of the global COVID-19 pandemic.

Amid public fear and panic about the COVID-19 outbreak, there have been increasing reports across the country of attacks targeting Asian Americans, linked to racist assumptions about COVID-19. For example, a woman wearing a face mask in New York City was punched and called “diseased”; two Hmong men in Plymouth, Indiana were denied service at hotels due to the false assumption that they were Chinese and carrying COVID-19; and an Asian family in Texas was targeted during a knife attack while grocery shopping, and both the father and son were cut badly across their faces. Likewise, a growing number of racist incidents against Asian-American students, parents, and families are being reported in our communities here in Minnesota.

The fact that COVID-19 was first detected in Wuhan, China has at times led to Asian Americans being stereotyped as infected with the virus, and this racist assumption hurts Asian American communities all over the country. These and other racist attacks harm Asian American communities and the larger community by stoking animus between groups when it is important to be as cooperative as possible. Furthermore, these violent incidents recall past attacks that have remained a permanent stain in U.S. history. We must denounce anti-Asian bias and racial intolerance and stop it from becoming normalized.

As part of this effort, the MSBA urges the media and community leaders to help stop the spread of xenophobia and misinformation by encouraging all community members to share only confirmed and verifiable information about COVID-19, how it spreads, and what actions we can take to ensure the best protection for everyone. In addition, the MSBA encourages providing information about all measures that impact Asian American communities in multiple languages so that those who are limited English proficient are able to access important information in a timely manner.

COVID-19 does not discriminate by race. The harm caused by COVID-19 will be greater if we allow it to divide us, and eradicating the virus will depend on our ability to work together. 

In response to the developing situation surrounding COVID-19 and with the health and safety of members, guests, and staff in mind, the Minnesota State Bar Association, Hennepin County Bar Association, and Ramsey County Bar Association have decided to adjust planned programming for the time being.

Effective on Friday, March 13:

• All meetings and CLEs for all three associations will be offered via remote access only. Information on remote participation will be emailed to you or posted on the bar associations’ online calendar at www.mnbar.org 
• The MSBA One Profession events scheduled for March 13 in Willmar and March 27 in Bemidji will be postponed.
• The RCBA Judges’ Dinner scheduled for March 26 is cancelled.

Remote-only participation for meetings and CLEs is currently planned through April 15, 2020.  At present, the bar association offices will remain open and are keeping their regular business hours. Staff are available via phone or email if you have specific questions related to upcoming programs. We will keep you informed of any changes related to association programing as they develop. 

The Executive Committees of all three bar associations and senior staff are taking these measures to comply with suggestions to increase “social distancing” to slow the spread of COVID-19, not because of any immediate threat to our staff, members, or guests. Everyone is reminded to follow the health and safety guidelines recommended by the CDC. Information on COVID-19, steps to prevent illness, and answers to common questions are available at https://www.cdc.gov/coronavirus/2019-ncov/.   

We apologize for any disruption in plans that these changes may cause and appreciate the support and dedication of our member volunteers, sponsors, supporters, and others who have helped plan these events and programs.