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Bill Seeks Sentencing Oversight SAINT PAUL LEGAL LEDGER March 9, 2017 MINNLAWYER.COM Vol. 90 No. 82 | $6.00 Justices mull sentencing break for tweet threats One-day departure spared defendant a felony record By Mike Mosedale [email protected] Are threats made over social media less serious than those communicated by old-school means? That was one of the questions be- fore the Minnesota Supreme Court on Monday as the justices weighed the state’s appeal of a downward departure in the sentence given to a former high school football star over a barrage of threatening tweets he directed at the St. Paul Police Federation. In the view of Assistant Dakota County Attorney Kathryn Keena, the notion that a threat-by-tweet is STAFF PHOTO: KEVIN FEATHERLY Rep. Brian Johnson, R-Cambridge, is author of a bill that would require the Minnesota Sentencing Guidelines Commission to seek legislative approval for any somehow less egregious is “the most change it wants to make to the guidelines. His bill passed the Public Safety committee on Tuesday. concerning” issue raised by the case. “Just look in the last five to 10 years. Our world has changed and so- cial media is, commonly, where crimes Bill seeks sentencing oversight are committed,” said Keena, who then ticked off a range of criminal offenses — from child solicitation to revenge porn Measure would require legislative OK for guideline changes to theft by swindle — that increasingly happen online. By Kevin Featherly 1 — unless the Legislature blocks co-authors. All three are members of “So I don’t think it makes it less seri- [email protected] or alters those changes. The guide- Public Safety, where Cornish is chair. ous,” Keena added. “Frankly, I think it line grid determines felony crimes’ Johnson said Tuesday that HF makes it more serious.” A GOP-led bill making its way severity levels and presumptive 33 was prompted by the commis- Defense attorney Steven Grimshaw through the Minnesota House would sentence duration. sion’s handling of last year’s drug agreed with Keena that the world has require the state’s Sentencing House File 33, which passed in a sentencing reforms. The changes indeed been transformed by the inter- Guidelines Commission to get per- split voice vote of the Public Safety increased presumptive sentences net social media. But Grimshaw urged mission from the Legislature before and Security Policy and Finance for “kingpin” drug dealers while the justices to consider the effects of the it makes any modifications to state Committee on Tuesday, would reducing presumptive sentences internet — and the “ranting machine” sentencing guidelines. change that system. for small-time drug offenders, even that is Twitter — on young people. As things stand, the commission’s The bill was authored by Rep. doing away with mandatory mini- “He has lived his entire life exposed modifications to the sentencing Brian Johnson, R-Cambridge. Rep. mum sentences. to the internet. What he sees at the guideline’s scoring grid automati- Tony Cornish, R-Vernon Center and cally go into effect annually on Aug. Rep. Jeff Howe, R-Rockville, are its Public safety l Page 8 Supreme Court l Page 8 CAPITOL BREAKING RETORT THE ICE Weekly comments Indian education on the news by people inspires council in the know director Page 2 Page 3 Address LAKE STREET | WAYZATA | OPENING MAY 2017 30 LUXURY CONDOMINIUMS | 92 ROOM BOUTIQUE HOTEL RESTAURANT | SCANDINAVIAN SPA | EVENT SPACES CALL 952.230.3194 TODAY! ONLY A FEW REMAINING CONDOS! LANDINGWAYZATA.COM BOHLANDDEVELOPMENT.COM Condos Marketed by Lakes Sotheby’s 2 | MINNESOTA LAWYER | March 9, 2017 | MINNLAWYER.COM CAPITOL RE ORT Comments on the week’s news t Trump boom; what the hell; snakes in the grass Editor’s note: Welcome to Capitol Retort, our weekly review of issues in state and national news, with a rotating cast of legal and political people in the know. Answers are edited for length and clarity. Any in- stances of agreement are accidental. By Kevin Featherly [email protected] Question 1: Minnesota’s new budget forecast projects a $1.65 billion surplus based on im- proved consumer confidence, which officials think could flow from future Trump administra- tion tax cuts and infrastructure spending. Could Trump be a boon for Minnesota’s economy? Peter Bell, con- servative think tank fellow: I think the tax cuts and the deregula- Peter Bell tory efforts that he has talked about provide some level of promise. But I think that is counterbalanced by some of the insecurity and, frankly, the erratic STAFF PHOTO: KEVIN FEATHERLY behavior that he has engaged in Myron Frans, Minnesota Management and Budget commissioner, presents the state’s revised budget forecast at a Capitol press gathering Feb. 28. Based partly on with his administration — most the stimulative effects of expected Trump administration policies — including tax cuts and infrastructure spending — the improved forecast projects a $1.65 billion recently with his attorney general. surplus for 2018-19. That, I think, can cut the other way. It is just much too early to tell hang on for a full term — will show whether there are really going to be that Trump is going to be a bust for tail winds provided by his policies. Minnesota’s economy. I also think Uncertainty is not that any objective evidence makes what the market it clear that what has been a boon welcomes. for Minnesota’s economy is actually Melisa Franzen, taxing the wealthy appropriately. DFL state senator, Edina attorney: Question 2: We’d like to put a Even right after question to you about the Trump the election, there administration that the presi- was already a boost dent himself has posed in the Melisa Franzen in consumer confi- past: What the hell is going on? dence. I remember going to Macy’s Bell: I think the Trump admin- and seeing a lady who had been istration has many challenges. I working the holidays there for many think it has deepened the political years. She said that usually, in an divide in this country. One of the election year, you don’t see as much things that we found out during spending. She was pretty impressed the Obama administration is that with the rate of spending in local it is easier to block things than to the Macy’s store. So I guess it was get things done, and I think the happening even before our budget Democrats have taken that lesson surplus, just as soon has he got to heart. I am not optimistic that elected. So I think a great deal is going to get done or there was a boost, that a lot of change is going to get frankly. made. Because I think, frankly, that Sarah Walker, the Democrats will see it in both liberal lobby- their policy and political interests ist and political not to allow that. And I think our consultant: The political system either rightly or wrongly, depending on your beliefs, budget surplus AP PHOTO and that fact that will reward that. President Donald Trump talks to Attorney General Jeff Sessions in the Oval Office of the White House on Feb. Sarah Walker Minnesota’s econ- Conversely, I think that that ex- 9 before Vice President Mike Pence administered the oath of office for Sessions. omy is doing so well has nothing to pectations for Trump are so low that do with Trump. I think it is a tes- he will likely exceed them. A year Hunter: A slow-motion dumpster Franzen: I hope I can kill cock- tament to work Mark Dayton has from now, people will more likely fire, with accelerant being poured on roaches in my backyard. But shoot done over the last seven years. And than not say, “Gee whiz, I was more by the Russians. them? I think that’s going a little it is evidence that while he did raise exercised or concerned about Trump overboard. taxes, it actually has helped our than was warranted.” Question 3: The state of Walker: I don’t think we should economy. Our econ- Franzen: We can now buy beer Arizona is considering a law to be adopting Arizona laws. All we on Sunday. That’s the best I can do. allow urban residents to shoot omy has not slowed have to do is look at our surplus Walker: I think that the Trump unwanted critters in their down as a result of and look at where their economy is. increased taxes. administration does not know how yards — in other words, to shoot to govern. They are quickly learn- snakes in the grass. Shouldn’t I think we should stick to following Kim Hunter, St. the citizens of Minnesota want to do. Paul immigration ing that it is a much bigger job than that law be allowed to pass just Hunter: Oh alas, the leftist in attorney: I think they imagined and I think they for poetic reasons? the record — if are in over their heads. Hopefully, Bell: Absolutely! I’m not a fan of me says that would set a dangerous Trump manages to [Attorney General] Jeff Sessions is critters anyplace. And if you want to precedent — tempting though it may Kim Hunter the next to leave. shoot a snake in your yard, have at it. be. MINNESOTA LAWYER | March 9, 2017 | MINNLAWYER.COM | 3 Lawsuit over disciplinary proceeding survives, barely By Barbara L. Jones care…” But he gave the plaintiff the Jan. 9, 2017, order, allowed claims [email protected] go-ahead to develop a record. to go forward where the plaintiff What statistics say pleaded specific facts showing an Minnesota Statute sec. 135A.15 A student’s claim against the inadequate response after she re- requires most postsecondary schools University of St.
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