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The New Scarlet Letter OFFICIAL PUBLICATION OF THE MINNESOTA STATE BAR ASSOCIATION VOLUME LXXVI NUMBER XI DECEMBER 2019 www.mnbar.org THE NEW SCARLET LETTER Is Minnesota’s Predatory Offender Registry helping or hurting? START SAVING TIME AND MONEY NOW WITH FASTCASE Smarter Legal Research. Free for MSBA Members. Fastcase is the leading next-generation legal research service that puts a comprehensive national law library and powerful searching, sorting, and data visualization tools at your fingertips. As a member of the MSBA you have free access to fastcase. LEARN MORE ABOUT FASTCASE Login at: www.mnbar.org/fastcase Live Webinars – Thursdays, Noon - 1:00 PM fastcase.com/webinars On-Demand CLE ® mnbar.org/fastcase/on-demand-cle practicelaw videos mnbar.org/practicelaw/fastcaseVSgoogle mnbar.org/practicelaw/fastcaseLegalResearch Find What You Need, Fast. Questions? Contact Mike Carlson at the MSBA at 612-278-6336 or [email protected] 0819 fastcase.indd 1 9/18/19 9:16 AM START SAVING TIME AND MONEY NOW WITH FASTCASE Smarter Legal Research. Free for MSBA Members. Fastcase is the leading next-generation legal research service that puts a comprehensive national law library and powerful searching, sorting, and data visualization tools at your fingertips. As a member of the MSBA you have free access to fastcase. LEARN MORE ABOUT FASTCASE Login at: www.mnbar.org/fastcase Live Webinars – Thursdays, Noon - 1:00 PM fastcase.com/webinars On-Demand CLE ® mnbar.org/fastcase/on-demand-cle practicelaw videos mnbar.org/practicelaw/fastcaseVSgoogle mnbar.org/practicelaw/fastcaseLegalResearch Find What You Need, Fast. Questions? Contact Mike Carlson at the MSBA at 612-278-6336 or [email protected] 0819 fastcase.indd 1 9/18/19 9:16 AM OFFICIAL PUBLICATION OF THE MINNESOTA STATE BAR ASSOCIATION VOLUME LXXVI NUMBER XI DECEMBER 2019 www.mnbar.org 4 President’s Page Pro Bono Publico ON THE COVER BY TOM NELSON THE NEW SCARLET LETTER 6 MSBA in Action It’s time to certify Is Minnesota’s Predatory Offender 2019 pro bono hours 16 Registry helping or hurting? In 1991, the Minnesota Legislature enacted the 8 Professional state’s first version of the sexual offender registry. Responsibility Twenty-eight years and 35 changes to the law later, Your ethical duty over 21,000 Minnesotans are on the Predatory of supervision Offender Registry. Has it been taken too far? BY SUSAN HUMISTON BY STACY L. BEttISON 10 Law & Technology Doxxing redux: The trouble with opting out 22 BY MARK LAntERMAN ‘WE ARE QUITE COLLEGIAL, AND 12 New Lawyers THAT IS NOT BY ACCIDENT’ Start now, law students: An interview with Chief Justice Narrow your legal Lorie Gildea of the Minnesota Supreme Court. interests early Y ON CHMIDT BY SCOtt FULKS B J S 14 Colleague Corner ‘I found it natural to seek out appellate work’ MEET AARON VAN OORT 25 TIMBERWOLVES 28 Notes & Trends TURNING THIRTY! Landmarks in the law Many decades of trials and tribulations by Minnesota’s 37 People & Practice professional basketball team Member announcements and others—on the courts and in them. 38 Opportunity Market BY MARSHALL H. TANICK Classified ads 2 Bench&Bar of Minnesota s December 2019 False Claims Act Experience And Focus Official publication of the Minnesota State Bar Association www.mnbar.org | (800) 882-6722 Editor PJTSteve feb Perry 08 1/9/08 10:16 AM Page 1 [email protected] Design & Production Jennifer Wallace Advertising Sales Pierre Production & Promotions, Inc. (763) 497-1778 Gerald Robinson Susan Coler MSBA Executive Council Lon Leavitt Nathaniel Smith President Tom Nelson President-elect A Formidable Team at the Table Dyan J. Ebert Former Assistant United States Attorney Lon Leavitt recently joined Halunen Law’s False Claims Act practice group, adding a valued government Treasurer perspective to our collective expertise. Dedicated to representing individuals Jennifer A. Thompson confronting fraud against the government, we’re passionate about navigating Secretary the complexities of qui tam/whistleblower cases. Paul D. Peterson New Lawyers Chair Blair Harrington LOCAL ROOTS. NATIONAL REPUTATION. 612.605.4098 | HALUNENLAW.COM Chief Executive Officer Cheryl Dalby Publications Committee Chairperson WHEN PERFORMANCE COUNTS Carol K. Lee Judgment Receivers TROvers Trustees TROSupersedeas Trustees OAppeal Trustees Appeal Appeal Sheriff IndemnityIndemnity Supersedeas Supersedeas Replevin Sheriff Indemnity Supersedeas rustees Appeal Steven P. Aggergaard Judgment Receivers TRO Trustees Appeal Emily K. Cooper Supersedeas Holly A. Fistler Replevin rustees Appeal Wood Foster June Hoidal Replevin Sheriff BethanyConservatorship Hurd Guardianship GuardianshipT HE Judgment PA T RICK Receivers J TROT H TrusteesOMAS Appeal AGENCY rustees Appeal Henry D. Long Supersedeas Attachment Certiorari SURETY BONDING and INSURANCE Malcolm P.W. Whynott Conservatorship Guardianship Guardianship Judgment Recei Supersedeas Trustees Appeal Attachment CertiorariWith over 40 years experience PJT has been Minnesota’s Conservatorship Guardianship Judgment Receivers TR Certiorarisurety bonding Replevin specialist. Sheriff With Indemnity the knowledge, experienceSupersedeas Attachment Certiorari RO Trustees Appeal and guidance law firms expect from a bonding company. © 2019 Minnesota State Bar AssociaConservatorshiption Certiorari Replevin Sheriff Indemnity Bench & Bar of Minnesota (ISSN 02761505) is published Monthly, Supersedeas except Bi-Monthly May/June by the MinnesotaAttachment State Bar Association, 600 Nicollet Mall STE 380, Minneapolis,Conservatorship MN 55402- atorship• GuardianshipSupersedeas • AppealsJudgment • Certiorari Receivers • Repl TROevin T • TRO Trustees Appeal 1641. Periodicals postage paid at St Paul, MN and additional Certiorari Replevin Sheriff Indemnity Supersedeas mailing offices. Postmaster: Send address changes toAttachment Bench & • Injunction • Restraining Order • Judgment • Bar of Minnesota, 600 Nicollet Mall STE 380, Minneapolis,Conserv MN 55402-1641. Subscription price: $25.00 for members which is vatorship• LicenseCertiorari Guardianship Bonds Replevin • Trust Judgment •SheriffPersonal ReceiversIndemnity Representat TRO ive T • ers TRO Trustees Appeal included in dues. Nonmembers $35.00 per year. Some back issuesAttachment Indemnity Supersedeas available at $5.00 each. Editorial Policy: The opinions expressed • Conservator • Professional Liability • ERISA • Fidelity • in Bench & Bar are those of the authors and do not necessarilyConser vatorship Certiorari Guardianship Replevin Judgment Sheriff ReceiversIndemnity TRO T reflect association policy or editorial concurrence. Publication of Attachment advertisements does not constitute an endorsement. The editors Locally owned and operated. Same day service with in house authority!Indemnity edeas Conservatorship reserve the right to accept or reject prospective advertisements in Conser rustees Appeal Attachment accordance with their editorial judgment. Attachment Judgment Receiv 121 South Eighth Street Suite 980, ReplevinMinneapolis, SheriffMN 55402 Supersedeas WE’D LIKE TO HEAR FROM YOU: To query potential articles for ConservatorshipIn St. Paul call (651)Guardianship 224-3335 Guardianship or JudgmentMinneapolis Judgment (612) Receivers 339-5522 Receivers TRO Bench & Bar, or to pass along your comments on matters related vatorship Certiorari Guardianship Replevin Judgment Sheriff ReceiversIndemnity T to the profession, the MSBA, or this magazine, write to editor AttachmentFax: (612) 349-3657 Certiorari• [email protected] Replevin Sheriff • www.pjtagency.comIndemnityivers TRO T Steve Perry at [email protected] or at the postal address above. Conser Replevin Sheriff www.mnbar.org Attachment December 2019 s Bench&Bar of Minnesota 3 Conservatorship Attachment Certiorari Conservatorship Guardianship Attachment Certiorari Guardianship Judgment Rece Certiorari Replevin Sheriff Indemnity President’sPage | BY TOM NELSON Pro Bono Publico ertrand Russell once marveled “6.1.” As in Rule 6.1. As in Pro Bono called for by the Preamble to our rules. at “the peculiar sway that Publico. The Rule says: “Every lawyer This goes to the question of whether we numbers have over reality.” has a professional responsibility to should do this, not how. On that front, Numbers can be like lampposts, provide legal services to those unable to there seems to be little disagreement— Bof course—sometimes used for light, pay.” “[A]t least 50 hours” per year. “In confidential (no need to “sound a other times for support. Here are some addition,” the Rule says that we should trumpet”); easy; maybe like CLE, once numbers that should concern us all. Put “voluntarily contribute financial support every three years; with even a reported simply, we have a problem. to organizations that provide legal “zero” being a sufficient report. We We have 295 state court trial services to persons of limited means.” should be able to figure out the how of judges. They handle an average of over How much? Well, the 2005 reporting once we agree (or are told) 1,250,000 case filings each year. Our Comments explain: “A lawyer may about the should. courts face a tsunami of self-represented discharge the pro bono responsibility litigants. They either cannot afford a by providing financial support to Context and Innovation lawyer or don’t think they need one. organizations providing free legal services Heads up: There is a not-so- Coupled with this is a vast disparity in to persons of limited means… reasonably subtle discussion percolating about representation—one side represented equivalent to the value of the hours of regulation—the idea
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