Minnesota Lawyer
Civil
Attorney Discipline
Misconduct
This case involved Minn. R. Prof. Conduct 3.4(c), which prohibits “knowingly disobey[ing] an obligation under the rules of a tribunal.” The Director of the Office of Lawyers Professional Responsibility issued an attorney an admonition for failing to file a summary judgment motion response thereby violating the deadlines set forth in Minn. Gen. R. Prac. 115.03(b). Following an evidentiary hearing, a panel of the Lawyers Professional Responsibility Board affirmed the admonition, concluding that attorney’s conduct violated Rule 3.4(c). Attorney appealed to our court.
The Supreme Court held that the panel clearly erred when it concluded that the attorney had knowingly violated Rule 3.4(c). Reversed and admonition vacated.
A18-0277 In re Charges of Unprofessional Conduct in Panel File No. 42735 (Original Jurisdiction)
Landlord & Tenant
Habitability
Appellant initiated eviction proceedings against his tenant, respondent, for nonpayment of rent. The tenant raised a common-law habitability defense, asserting that appellant had breached the covenants of habitability. The District Court found for the tenant and ordered retroactive and prospective rent abatement until the habitability violations were fixed. The Court of Appeals affirmed the District Court’s decision.
The Supreme Court held that (1) a tenant need not follow the procedures for an action under the rent-escrow statute, Minn. Stat. § 504B.385, when asserting a common-law habitability defense in an eviction action; and (2) a tenant need not provide written notice of violations of the covenants of habitability to a landlord before asserting a common-law habitability defense in an eviction action. Affirmed.
A17-1611 Ellis v. Doe (Court of Appeals)
Orders
Rules of Criminal Procedure
Public Hearing
The hearing scheduled March 27, 2019, previously scheduled to begin at 12:00 p.m. to clarify responsibilities of a District Court judge during plea negotiations will now begin at 11:00 a.m. or at the conclusion of the public hearing for ADM10-8047, whichever is first.
ADM10-8049 Order Regarding Proposed Amends. to R. Crim. P.
Rules of Evidence
Public Hearing
The hearing scheduled March 27, 2019, previously scheduled to begin at 11:00 a.m. to address certain evidence in criminal restitution hearings will now begin at 10:00 a.m.
ADM10-8047 Order Regarding Proposed Amends. to Minn. R. Evid.
Rules of Juvenile Protection Procedure
Public Hearing
Because the Supreme Court received no public comments or requests to appear at public hearing on amendments to these rules relating to the Indian Child Welfare Act, the public hearing scheduled for March 27, 2019, was cancelled.
ADM10-8041 Order Regarding Proposed Amends. to Minn. R. Juv. Protection P. and Minn. R. Adoption P.
