To celebrate and honor the achievements and contributions African Americans have made in the United States, Southern Minnesota Regional Legal Services (SMRLS) will recognize some of the extraordinary Black attorneys who have made an impact in Minnesota.
SMRLS starts its Black History Month spotlight series with Jessie Nicholson, CEO of SMRLS. Dubbed “The Torchbearer,” Nicholson is the first black woman to hold the title of CEO at SMRLS and she began helming the organization in 2007. She has been a leader in the Minnesota legal community for almost 4 decades, sitting on several boards including the University of St. Thomas Law School. A stalwart of civil legal aid throughout her career, Nicholson has been recognized locally and nationally for her efforts.
Meet "The Torchbearer" and read more about her and other luminaries such as The Chief, The Activist, The Honorable, and more at Celebrating Black History Month — Southern Minnesota Regional Legal Services (smrls.org).
The Pew Charitable Trusts Offer Perspective on Minnesota Debt Litigation Report
According to a new debt litigation report from the Minnesota State Bar Association’s Access to Justice Committee (A2J), policies for Minnesotans being sued for debt are not being applied uniformly or equitably. The MSBA’s comprehensive report, issued on October 10th, is the first of its kind to delve into the issue of debt collection lawsuits and present a data-informed roadmap for civil courts.
In its overview, The Pew Charitable Trusts, which supported the A2J committee in the report’s creation, highlights the need for consistency in order to assist Minnesotans without lawyers as they navigate the court system. Because the state gives plaintiffs a choice between conciliation and district court (for debts involving $4000 or less), plaintiffs often choose district court, which favors those represented by a lawyer while presenting additional barriers for the self-represented. Small claims court, on the other hand, is simpler and more accessible for both sides. Additionally, the report’s analysis shows that more than half of the cases filed in district court from 2018 - 2021 were actually eligible for conciliation court. Minnesota’s two-venue system is resulting in a higher default rate as defendants without attorneys are directed away from small claims court.
Pew’s overview concludes, “Ensuring that the same rules apply to all plaintiffs suing for small dollar amounts would make debt litigation processes in Minnesota less onerous for consumers—and help them receive the benefit of policies in place to assist them. It also would allow state civil courts to resolve debt issues in a more consistent, equitable manner.” Read more in “How Minnesota’s Dual System for Civil Debt Cases Harms Consumers.”
MSBA's Access to Justice Committee Issues In-Depth Report on Debt Collection in Minnesota
Today, the Minnesota State Bar Association’s (MSBA) Access to Justice Committee released a comprehensive report on debt collection in Minnesota. Debt collection lawsuits – when a debt collector sues an individual for money owed – are the most common case types within Minnesota’s civil court dockets. Current policies can be confusing and difficult to navigate for individuals without legal counsel. And because individuals struggle to participate in their cases, debt collection lawsuits often result in an automatic win for the plaintiff – also known as default judgment. A staggering 82% of debt lawsuits filed in district courts end in default judgment, which leads to a court-authorized garnishment of a person’s wages and bank account. Communities of color disproportionately encounter debt collection lawsuits in Minnesota.
To better understand the impact of Minnesota debt collection lawsuits, the MSBA’s Access to Justice Committee (ATJ) examined bulk civil court data, analyzed policies, and conducted interviews in the state. The ATJ Committee was supported by Legal Services State Support, the Minnesota State Bar Association (MSBA), the Minnesota Judicial Branch, January Advisors Data Science Consulting, and The Pew Charitable Trusts.
“Minnesota Consumer Debt Litigation: A Statewide Access to Justice Report” is the first of its kind to delve into the issue of debt collection lawsuits and present a data-informed roadmap for civil courts to be more open, efficient, and effective. In a press conference this morning, Attorney General Keith Ellison highlighted the report’s most striking findings and his commitment to the continued conversation about addressing and supporting its recommendations. Erika Rickard of The Pew Charitable Trusts shared a national perspective on debt collection cases and court practices and how Minnesota can help lead a growing awareness of these cases' impact on consumers.
Some of the Report’s key findings include:
The majority of Minnesota civil cases are debt cases.
The overwhelming majority of debt cases in Minnesota end in default judgment in favor of the plaintiff.
Minnesota has fewer residents in debt than in most places in the U.S., but more litigious plaintiffs, with 1 in 8 debts in collections eventually filed as civil court cases.
More than half of debt cases filed in district court involved less than $4,000, which means they are eligible to be filed in conciliation court.
Overall, the rate of debt claims filed against Black and Latino Minnesotans is more than twice that of Non-Hispanic White Minnesotans
Most Minnesotans facing debt litigation represent themselves. They often don’t make enough money to hire a private attorney but make too much to qualify for legal aid.
The Report’s 4 recommendations are:
Develop specialized procedural rules for debt cases to better manage consumer debt cases.
Create and improve resources that enable self-represented litigants to participate in their cases.
Preserve economic stability so Minnesotans can afford basic needs while repaying their debts.
Expand services for lower- and moderate-income people who are struggling with debt.
“This report's findings and recommendations provide a data-driven path forward for Minnesota to become a leader in making debt collection litigation a more accessible and effective process for both consumers and creditors. I look forward to continuing to work with the great group of stakeholders who have put so much time and energy into shining a light on consumer debt cases and crafting thoughtful strategies," said J. Singleton, program manager of Legal Services State Support and member of the Consumer Debt Litigation Project Leadership Team.
Read more about this groundbreaking report and Minnesota’s medical debt landscape in “The dilemma of medical debt lawsuits in Minnesota: Too big to pay, too small to fight” in today’s Star Tribune.
Talk Justice Podcast Features Minnesota Supreme Court Justice Anne McKeig
Talk Justice, an LSC podcast that explores ways to expand access to justice, recently hosted a conversation with Associate Justice Anne McKeig of the Minnesota Supreme Court. In the episode, Justice McKeig discusses her groundbreaking legal career and how courts can expand and promote access to justice. McKeig became the first Native American woman on a state Supreme Court in 2016 and also serves as an adjunct professor at Mitchell Hamline School of Law.
Talk Justice guests are leaders from the legal community, government, and business, who share their unique perspectives and explore strategies for addressing the justice gap. Recent episodes have examined the role of law schools and the benefits of medical-legal partnerships.
LSC recently became affiliated with Legal Talk Network to support Talk Justice and enhance the podcast's sound quality and reach. Listen to Justice McKeig’s conversation in episode 39.
Standpoint Wins Minnesota Supreme Court Appeal to Protect Victims' Privacy
Last week, the Minnesota Supreme Court ruled that communications between sexual assault counselors and their clients are protected by state law. The ruling, a major victory for advocacy groups in Minnesota, reverses a district court decision that allowed a court review of a victim’s "notes, memoranda, records, and reports" as communicated privately with a sexual assault advocacy counselor in a criminal case. Specifically, from the high court’s ruling: “This case concerns how sexual assault counselors’ statutory privilege under Minnesota Statutes section 595.02, subdivision 1(k) (2020), interacts with a criminal defendant’s interests in a fair trial.”
Standpoint (formerly the Battered Women’s Legal Advocacy Project) filed the appeal in hopes that the Minnesota Supreme Court would take the case and set a precedent for lower courts, preventing the use of subpoenaed records in violation of a 1982 law that any "opinion or information received from or about the victim" could not be disclosed without that person's consent. Over the years district courts have sometimes subpoenaed records from sexual assault counseling agencies because attorneys have argued that those records were needed under the right to due process and full defense.
Rana Alexander, Executive Director of Standpoint
Rana Alexander, Standpoint’s executive director, was the lead attorney on this case and has been advocating for the privacy and protection of victim rights in criminal cases for years. Confidentiality is one of the most critical tools sexual violence advocates have to allow them to provide essential services to victim-survivors.
"The Minnesota Supreme Court applied a strict scrutiny standard and it said that the state has a compelling governmental interest in protecting sexual assault victims," Alexander said. "That is a huge statement from the Supreme Court in recognizing that we are serious in the state of Minnesota about ending sexual violence." Read more in the Star Tribune and read the decision here.