Tag Archives: Senate

Filibuster Changes

I heard about this vote a while back and it will be interesting to see how it plays out.  You hear about this all the time.  The majority party (regardless of whether they are Democrat or Republican) wants to change filibuster rules.

This year the number of bills passed has been the lowest since Congress was formed.  NBC calls it “Do-Nothing” Congress. USA Today describes the 2011-12 period as the “least productive year on record” and 2013 as being on track as the “least productive single year in modern history.”

The question is then, do we need filibuster reform?  The answer is yes.  To what extent?  This is heavily contested.

The Senate approved the most fundamental alteration of its rules by ending the minority’s party ability to filibuster most presidential nominees in response to the partisan gridlock that has plagued Congress.  (NY Times article).

Under the change, the Senate will be able to cut off debate on executive and judicial branch nominees with a simple majority rather than rounding up a supermajority of 60 votes.  This does not apply to all nominees, such as Supreme Court nominees.

via In Landmark Vote, Senate Limits Use of the Filibuster – NYTimes.com.

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Filed under federal, rules

New Homeowners Bill of Rights

Governor Dayton will soon be signing a new bill that includes new protections for homeowners facing foreclosures.  This new law is known as the Homeowners Bill of Rights.

Some of the ways that it protects homeowners are as follows:

  • Loan servicers are required to communicate all options to homeowners.
  • Loan servicers are required to offer loan modifications to all eligible homeowners.
  • “Dual tracking” is banned.  Dual tracking is when servicers foreclose without a clear yes or no on loan modification.
  • Servicers are required to assist homeowners in submitting documentation regarding the foreclosure process.
  • Homeowners are allowed to take the servicer to court to stop a foreclosure if the servicer fails to comply with any aspect of the law.

 

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Filed under civil rights, Minnesota

Senators’ committee will advise on new U.S. attorney

Minnesota Lawyer Blog brings to our attention that a new advisory committee has been formed to recommend a new U.S. Attorney.

The current U.S. Attorney B. Todd Jones has been nominated to serve as the permanent director of the Bureau of Alcohol, Tobacco, and Firearms (ATF) and his confirmation hearing is expected to be held soon, the release states.

Judge Timothy O’Malley of the Minnesota Office of Administrative Hearings and the former head of Minnesota’s Bureau of Criminal Apprehension will chair the committee, which will also include Annamarie Daley, a Minneapolis attorney in private practice; former U.S. Attorney Thomas Heffelfinger; Stearns County Attorney Janelle Kendall; Donald Lewis, Dean of Hamline Law School; retired St. Louis County Judge Carol Person; and Chief Thomas Smith of the St. Paul Police Department.

The committee will review letters of interest, conduct interviews, and offer guidance to Klobuchar and Franken.  In the press release, Klobuchar stated that the candidate should be a seasoned, respected attorney who is fair-minded, able to work productively with local, state and federal law enforcement agencies, and who is committed to seeing that justice is done under the law and for the people of Minnesota.

Those wishing to be considered for the position of U.S. Attorney should submit letters of interest by June 3, 2013 to: Judge Timothy O’Malley, U.S. Attorney Advisory Committee, c/o Caroline Holland, Office of Senator Amy Klobuchar, 1200 Washington Avenue South, Suite 250, Minneapolis, MN 55415.  Letters may also be e-mailed to caroline_holland@judiciary-dem.senate.gov.

via Senators’ committee will advise on new U.S. attorney – MinnLawyer Blog.

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Minnesota Senate joins House in approving same-sex marriage

This news exploded in the media and social media.  Minnesota is set to become the first Midwestern state and the 12th state in the U.S. to allow same-sex marriage.

Yesterday, Minnesota Senate voted 37 to 30 in favor of allowing same-sex marriage.  Earlier, the Minnesota House of Representatives voted 75 to 59 in favor for it.  As a backdrop, in the prior election, Minnesota voters rejected a proposed constitutional amendment that would have defined marriage as only between a man and a woman.

Governor Dayton stated that he will sign the bill once it comes to his desk.

via Minnesota Senate joins House in approving same-sex marriage | MinnPost.

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Filed under civil rights, Pending Legislation

Jane Kelly confirmed for 8th Circuit bench

The Senate confirmed the nomination of Jane Kelly to the 8th Circuit Court of Appeals by a vote of 96-0.  There were 4 non-voting votes.  If you can’t find the link, go here and find Vote 00108 (April 24th).

Jane Kelly will be the second woman and first public defender to serve in the history of the court since its establishment in 1891.

Jane Kelly received her bachelor’s degree from Duke University and her law degree from Harvard Law School in 1991.  After her graduation, Jane Kelly clerked for U.S. District Judge Donald J. Porter of South Dakota and Eighth Circuit Court Judge D. Hansen.

Jane Kelly has been an assistant public defender in the Northern District in Iowa since 1992, and the supervising attorney since 1999.

On the Senate floor, Senator Chuck Grassley stated, “She is a credit to all of use who have chosen public service.”

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Filed under Appellate, courts, Judges, Pending Legislation

Minnesota Senate passes increased funding for public defenders

Minnesota Lawyer (subscription required) reports on the bill for public defenders’ funding.  The background of the funding for public defenders is as follows.

In 2008, public defenders were funded through attorney’s registration fees.  The Minnesota Supreme Court upheld this type of funding.  Through this funding, the state Board of Public Defense was able to generate around $1.9 million annually.  This request was reapproved in 2011.

However, in December, the state Board of Public Defense withdrew its request to earmark funding from the attorney registration fee.    This decision came in December, when various committees and group sections of the Minnesota State Board Association removed its support for the petition.

On Tuesday, April 16th, 2013, the state Senate passed a judiciary funding bill that increases funding for public defenders.  The bill provides $5 million for increased employee salary and benefits for public defenders.  The bill also provides $5.6 million for new public defenders positions that will reduce caseloads.  The Senate bill was passed by 47-18 votes.

The Senate Judiciary Finance Division Chairman Ron Latz (DFL-St. Louis Park) stated that the bill helps alleviate a public defender system that is “overworked, overburdened, [and] has some of the biggest caseloads in the country.”

via Minnesota Senate passes increased funding for public defenders | Minnesota Lawyer.

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Filed under attorneys, courts, District Court, employment, Pending Legislation, wage