By: Thomas Tuft

The current budget crisis affects all of the services provided in Minnesota.  Many of our clients are concerned about the impact of a shutdown on their cases.  The closing of the courts would have a tremendous impact on people’s daily lives.  Certainly, the closing of the courts would impact scheduled trials and motion hearings. It could slow the distribution of orders.  I can only imagine what would happen on the criminal side.  Those charged with crimes would have their right to a speedy trial denied, perhaps eliminating prosecutions.  Law enforcement officers would not be able to obtain warrants.  Victims of crimes would see justice delayed and perhaps denied.  Domestic abuse victims would be unable to appeal to the court for protection.  Children would be left in abusive homes.  People attempting to purchase real estate would not be able to get copies of orders proving their ownership and right to sell.  Beneficiaries of estates in probate would not be able to get hearings or even copies of documents allowing them to conduct business on behalf of the estate.  Those needing to be civilly committed for mental health reasons would not get the help they need.  Even worse, some who should be released from such commitment may have their proceedings delayed and remain in custody.  Even litigants who are not using the courts directly may be affected.  For example, in those cases in which the parties are seeking the appointment of a mediator, arbitrator, neutral evaluator, etc. would be delayed since the court will not be issuing orders appointing those neutrals.  

Fortunately, the Minnesota Judicial Branch is now out of the mix in this political battle, at least for the time being.  Judge Bruce Christopherson, sitting by special designation of the Chief Justice of Minnesota, issued an order directing the courts be funded at the same level as the previous year.  Judge Christopherson had to grapple with the provision of the Minnesota Constitution that provides that only funds appropriated by law may be paid out against the provisions that guarantee due process of law, security, benefit, protection, rights, prompt remedy for wrongs, speedy trial, and bail.  Ultimately, he determined that there is a constitutional imperative that the Minnesota Courts must continue to function.

Certainly, there is the possibility of appeal, but for now it appears those in need of the services of the courts can proceed ahead—at least until the other two branches of government decide how to resolve the budget problem.

Thomas Tuft is a partner at Tuft & Lach, PLLC located in Maplewood, MN. In addition to representing parties in divorce and other family law matters, he also serves as a mediator, social early neutral evaluator, and financial early neutral evaluator for matters in Ramsey, Hennepin, Washington, Dakota, Anoka, and surrounding counties.