Minnesota Chapter of the Federal Bar March 28, 2012 Bar Talk Minnesota Chapter of the Federal Bar...

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    March 28, 2012

    Bar Talk

    Minnesota Chapter of the Federa l Bar Assoc iat ion

    Chapter By-Laws Amended 3

    Bankruptcy Courts Electronic Evi-dence Requirement


    Second Chair Program 6

    Clerk of Courts Corner 7

    Under Seal Filings 8

    Pro Se Project Update 14

    Calendar of Events 18

    Law Student Reception 10

    St. Thomas Student Chapter Update 12

    The Arc Minnesota Recognition 16

    E-Discovery Working Group 5

    Inside This Issue The District of Minnesota is currently ranked the 5th busi-

    est district out of 94 districts throughout the country, basedon weighted court filings.

    The District of Minnesota has been ranked as one of the topfive busiest districts in four of the past five years.

    The District of Minnesota is the busiest district in theEighth Circuit, based on weighted court filings.

    The weighted caseload for each judge in the District of Min-nesota is just over 700, accounting for the full caseloads cur-rently carried by Senior Judges Paul A. Magnuson, David S.Doty, and Richard H. Kyle. The average national weightedcaseload per judge is 430.

    The Chief Judge further shared with members of the MinnesotaChapter the following additional statistics on the activity of theCourt during the 2011 fiscal year (ending September 30, 2011), allof which illuminate the increasing difficulties presented by contin-ued cuts to the districts budget:

    District of Minnesota is Fifth Busiest District in the Country

    Volume V, Issue III

    On November 30, 2011, Chief Judge Michael J. Davisdelivered the State of the District of Minnesota at themonthly meeting of the Minnesota Chapter of theFBA. The Chief Judge spoke about the state-of-the-art technology that has been implemented throughoutthe district. Seventeen of the districts courtrooms arenow currently equipped with full evidence presenta-tion systems. The Duluth courthouse is currently un-dergoing renovations, which are expected to be donethis spring and will include a new jury box, witnessstand, cork flooring and enhanced technology. TheChief Judge also announced that internet access willsoon be available in the districts courtrooms and con-ference rooms.

    The Chief Judge commended the ongoing commitmentto justice and hard work of the district judges, seniorjudges, and magistrate judges of the District of Min-nesota. The work of the bench is particularly laud-able in light of the following statistics Chief JudgeDavis shared:


    (Continued on page 2)

    The Honorable Michael J. Davis, Chief Judge of the UnitedStates District Court, District of Minnesota. (Photograph cour-tesy of United States District Court.)

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    Page 2 Bar Talk | March 28, 2012

    The District of Minnesota currently has twelveMultidistrict Litigation cases.

    There were 57 trials in the District of Minnesota(23 civil jury trials, 5 civil bench trials, and 29criminal jury trials).

    297 criminal cases were filed (58% of which werehandled by the Office of the United States FederalDefender).

    3,930 civil cases were filed in the District of Min-nesota in 2011.

    Seventy-two foreclosure cases were filed (up1,100% from 2007, when there were only 6).

    333 attorneys were admitted to practice in federalcourt in 2011.

    358 individuals were arrested on felony warrantswithin the District of Minnesota by the MarshalsNorth Star Fugitive Task Force.

    9,412 people were naturalized as new citizens in2011.

    182,000 events were filed in CM/ECF.

    These statistics amplify the value that the FBA ProSe Project provides the District of Minnesota. As aresult of the Pro Se Project, more than 162 pro se liti-gants have had an opportunity to consult with and/orreceive legal services of volunteer attorneys. ChiefJudge Davis ended his State of the District Addressby paying tribute to attorneys who have dedicatedtime and effort to provide volunteer consultation andrepresentation to the districts pro se litigants.

    Kirstin Kanski is Co-Chair of the Communications Commit-tee and a partner at Lindquist & Vennum PLLP. Kirstin pre-viously served as a law clerk for the Honorable David S. Doty.(Photographs and charts courtesy of District Court andprinted with permission of the District Court.)







    5.70% 13.80%

    Fraud = 62 cases

    non-marijuana drug offenses = 53cases

    weapons = 51 cases

    immigration = 46 cases

    sex offenses =27 cases

    violent crimes = 17 cases

    other felonies (marijuana offenses,theft, regulatory offenses, forgeryand others) =41 cases

    Number of Criminal Cases

    297 Criminal Cases








    Personal Injury/Product Liability =

    1,501 cases

    Contracts= 368 cases

    Civil Rights=346 cases

    Labor Suits=293 cases

    Prisoner Petitions=288 cases

    Torts=180 cases

    Intellectual Property - 19th most

    IP Cases in US = 165 cases

    Other: Social Security, Forfeitures,tax suits, real property, antitrustand etc.=789 cases

    3,930 civil cases filed

    The District Court Judges of the United States District Court forthe District of Minnesota: (back row from left) The HonorableDavid S. Doty, Donald D. Alsop, Joan N. Ericksen, Patrick J.Schiltz, Paul A. Magnuson, Richard H. Kyle, (front row from left)Ann D. Montgomery, Susan Richard Nelson, Chief Judge MichaelJ. Davis, John R. Tunheim, and Donovan W. Frank.

    The Magistrate Judges of the United States District Court for theDistrict of Minnesota: (back row from left) The Honorable Jeanne J.Graham, Jeffrey J. Keyes, Leo I. Brisbois, Steven E. Rau, Tony N.Leung, Mary Kay Klein, (front row from left) Franklin L. Noel,Chief Magistrate Judge Arthur J. Boylan, and Janie S. Mayeron.

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    March 28, 2012 | Bar Talk Page 3

    Chapter By-Laws Amended

    At the monthly luncheon meeting of the MinnesotaChapter of the Federal Bar Association held Janu-ary 25, 2012, the membership voted to approveamendments to the Chapter By-Laws. The Chap-ter By-Laws provide the foundational frameworkfor the operation of the Chapter. They governsuch things as Chapter objectives, membership,and the selection and duties of officers and direc-tors.

    The Chapter By-Laws were last amended in May2010. The January 2012 amendments sought tofurther implement the vision that led to the 2010changes, and to ensure that the current and futureoperational needs of the Chapter are met, whilestaying true to the Chapters mission.

    Article III of the Chapter By-Laws sets forth theobjectives of the organization. The mission of theMinnesota Chapter of the Federal Bar Associationis to:

    It is in furtherance of these stated objectives thatour Chapter operates. The Chapter objectivesdrive decisions on Chapter programming and re-source allocation, and give purpose to the organi-zation. The remainder of the Chapter By-Lawsaddress the structure of the organization.

    The 2012 amendments implemented certainstructural changes. These changes primarily af-fect how officers and directors are selected andhow long they may serve.

    The 2012 amendments changed the number andcomposition of Chapter Directors. In particular,the 2012 amendments increased the maximumnumber of regular Chapter Directors from 30 to36, and clarified that elected Officers also serveas Directors and count toward the maximumnumber. An unlimited number of Honorary Di-rectors may continue to serve. Prior to the 2012amendments, any Judges of the Federal Courts ofthe United States and all past presidents of theMinnesota Chapter were eligible to serve as Hon-orary Directors. The 2012 amendments limitedeligibility to the previous four Chapter presi-dents, though all Federal Judges remain eligible.

    The 2012 amendments also altered the member-ship of the Nominations and Elections Commit-tee. Specifically, the 2012 amendments add theChapters President-Elect as a seventh member ofthat committee. The rest of the Nominations andElections Committee is comprised of the currentChapter President and the previous four ChapterPresidents. The 2012 amendments authorize theChapter President to appoint a Board Member toserve in place of any previous Chapter Presidentwho does not wish to serve.

    The 2012 amendments were the result of the ef-forts of many Chapter members, including theChapters Long-Range Planning Committee, Ex-ecutive Committee, Board of Directors, and mem-bership in general, as well as members of the fed-eral judiciary. A copy of the amended By-Lawswill be posted on the Chapters website atwww.fedbar.org/Minnesota.

    Rachel Zimmerman is Co-Treasurer and serves on theLong-Range Planning Committee of the Minnesota Chapter.Rachel is a partner at the intellectual property law firm ofMerchant & Gould P.C. Rachel previously served as a lawclerk for the Honorable James B. Loken of the Eighth CircuitCourt of Appeals.

    Further the objectives of the FederalBar Association as set forth in ArticleIII of the Constitution; to advance thescience of jurisprudence; to promotethe administration of justice; to upholdhigh professional standards for theFederal judiciary, at torneysrepresenting the government of theUnited States and attorneys appearingbefore the courts, departments, andagencies of the United States; toexpand diversity of the membership;and to encourage cordial and friendlyrelations among members of theFederal bench and bar in Minnesota.

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    Page 4 Bar Talk | March 28, 2012

    Successes and Expansion of the Bankruptcy CourtsElectronic Evidence Requirement

    Judge OBriens mandate to use the BankruptcyCourts electronic exhibit system in