The MSBA Council has identified the association’s primary lobbying priority for the 2021 Minnesota legislative session as adequate funding for the Minnesota judicial branch, legal aid and pro bono programs, and the public defender system. As the Legislature develops the state budget for FY 2022-23, the MSBA’s voice on this issue is particularly vital given budgetary shortfalls related to the pandemic public health emergency.
The Council has established two priorities directly related to pandemic exigencies, one of which will help avoid malpractice issues. Minnesota Session Laws 2020, Chapter 74, Section 16 created some ambiguity regarding suspension of statutes of limitation (SOLs) during the public health emergency. The MSBA will seek legislation to clarify that only SOLs extinguished during the emergency are suspended and to allow 60 days after the emergency ends for litigants to make initial filings under SOLs extinguished during the emergency.
The MSBA will also lobby to make permanent the harmless error standard for nonconforming execution of a will, allowing a nonconforming last will and testament to be probated if the execution defects are shown by clear and convincing evidence to be harmless error. This statutory change was adopted in the 2020 legislative session as a temporary standard and will expire on February 15, 2021.
Finally, the MSBA will prioritize advancing legislation to provide a right to counsel for public housing tenants facing eviction due to an alleged breach of lease.