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The Minnesota Judicial Council, the policymaking body of the Minnesota Judicial Branch, held an emergency meeting on Friday, March 13, 2020 to discuss Emergency Executive Order 20-01; Declaring a Peacetime Emergency and Coordinating Minnesota’s Strategy to Protect Minnesotans from COVID-19. Following that meeting, Chief Justice Lorie S. Gildea issued a statewide order, effective Monday, March 16, 2020, for all Minnesota courts. On March 20, 2020, in light of the continuing state of emergency and in an effort to further limit gatherings in public locations, the Minnesota Supreme Court issued Administrative Order ADM20-8001 providing that only certain hearing types may occur in the courtroom and for those hearings access to all court facilities shall be limited to only court staff and judicial officers, and participants whose presence is required for scheduled court proceedings. Case participants may include parties, attorneys, and individuals who are required to be present for the proceeding at direction of the presiding judge. The order goes into effect on Monday, March 23, 2020, and is in effect for the next 30 days or until another order is issued, whichever comes first. The order was amended on Monday, March 23, 2020. To implement the Order issued by Chief Justice Gildea, the Second Judicial District has developed updated case handling protocols by Division. Please note that the information contained in this document is specific to the Second Judicial District. Building Access: For information regarding Second Judicial District courthouse building access, please review the attached Administrative Order issued by Chief Judge John H. Guthmann on March 21, 2020. Jury Trials (All Lines of Business): Other than juries that are on-going, no new jury trials shall commence before April 22, 2020. Civil: Per Administrative Order ADM20-8001, effective March 23, 2020, in person hearings are authorized through April 22, 2020 only in the following case types: expedited housing/eviction matters which have been commenced under Minn. Stat. 504B.321, subd. 2 and housing/eviction matters where there is a showing of individual or public risk to health or safety (e.g. lockout, matters concerning domestic abuse); civil commitments; and emergency guardianship/conservatorship matters. Parties may also appear by phone for those hearings, except when the request for relief presents an immediate liberty concern, or when public or personal safety concerns are paramount. In person hearings are also authorized through April 22, 2020 for garnishment exemption hearings filed under Minn. Stat. 571.914, subd. 1. With approval of the assigned judge, and with the exception of eviction cases, hearings in all other case types through April 22, 2020 may be held by review of the parties’ submissions without oral argument or by phone, to the extent feasible, practicable, and in the interests of justice. Please contact the assigned judge or call 651-266-8266 X3 for additional information. Family and Domestic Abuse/Harassment: Per Administrative Order ADM20-8001, effective March 23, 2020, hearings are authorized on an emergency basis only for emergency change-of-custody requests. All other in-person family proceedings are suspended until April 22, 2020 or until further notice from this Court. For those family matters postponed, individual parties may request a hearing, in writing, if an emergent situation requiring the attention of the court arises. Parties may also request the Court to consider motions based solely on paper submissions and without oral argument or the Court may schedule hearings that require parties and attorneys to appear without being in the courtroom such as telephonically or video conference. Criminal: Per Administrative Order ADM20-8001, effective March 23, 2020, hearings are authorized on an emergency basis only in the following case types in which the defendant is in-custody: bail review; hearings under Rule 8 of the Rules of Criminal Procedure; omnibus hearings that do not require live testimony; plea hearings; sentencing hearings; and probation revocation hearings if any necessary testimony can be provided remotely. The defendant and the attorneys may appear remotely. Victim impact information may be provided remotely. In adherence to Administrative Order ADM20-8001, calendars in the Second Judicial District that will proceed through April 22nd are: LEC 101 for in custody matters LEC 102 for in custody matters In custody 10 Day Demands will be consolidated with the misdemeanor LEC calendar Chambers All in custody probation violations where the 7 day period has not been waived will become resolvable at the LEC. *All other proceedings in adult criminal matters are suspended until April 22, 2020 or until further notice from this court. Those calendars include all out-of-custody: All Maplewood Calendars Arraignments (131A) Sentencings St. Paul Petty Court Trials Implied Consents Out of custody Rule 8 and OH hearings Out of custody criminal trials Evidentiary/suppression hearings Misdemeanor Pretrial/OH Calendars Please Note: For those criminal matters postponed, individual parties may request a hearing, in writing, from the assigned judge if an immediate liberty and/or safety concern requiring the attention of the court arises. Child Protection: Per Administrative Order ADM20-8001, effective March 23, 2020, the only hearings that will be held in the courtroom are emergency protective care (EPC) hearings for children in placement. The EPC hearing shall be combined with an admit/deny hearing, if possible. Attendance in the courtroom shall be limited to parties and parent-participants, and their attorneys. All other proceedings in juvenile protection matters will be conducted based on the presiding judge’s review of the parties’ written submissions or the hearing can be held remotely as specifically determined by the presiding judge. All other proceedings or trials that require live testimony are suspended until April 22, 2020. Juvenile Delinquency: Per Administrative Order ADM20-8001, effective March 23, 2020, the only hearings that are authorized to be held in the courtroom are hearings involving juveniles that are in-custody, specifically including detention review hearings; omnibus hearings that do not require live testimony; plea hearings; certification hearings; extended jurisdiction juvenile hearings; disposition hearings; and probation revocation hearings. The juvenile and the attorneys may appear remotely. In adherence to Administrative Order ADM20-8001, all other juvenile delinquency matters are suspended until April 22nd, unless they can be done without oral argument by paper submissions or remotely using ITV, video conferencing, or telephonically. Please Note: For those juvenile delinquency matters postponed, individual parties may request a hearing, in writing, from the assigned judge if an immediate liberty and/or safety concern requiring the attention of the court arises. The Second Judicial District will make every effort to notify attorneys and self-represented litigants of the postponement and rescheduling of hearings during the next 30 days. If you have an emergency situation requiring the attention of the Court, a hearing request may be made in writing. If you have a court case scheduled at any Ramsey County District Court location between March 23, 2020 and April 22, 2020 and you are unable to discern whether your case will be heard or will be scheduled to a future date, please call (651) 266-8266. *Attorneys have been asking whether lower priority case types can be addressed during the emergency. Administrative Order ADM20-8001 authorizes proceedings in all other case types provided they are held by ITV or any other remote technology that permits the parties and attorneys to appear without being in the courtroom, or by review of the parties’ submissions without oral argument, to the extent feasible and practicable. To that end, the Second Judicial District is currently evaluating its remote technology capabilities and will provide additional information by March 27, 2020 regarding other proceedings that may be held remotely. The Minnesota Judicial Branch continues to monitor the most current statements and recommendations regarding COVID-19 in Minnesota. The Branch is coordinating closely with statewide partners, including the Minnesota Department of Health (MDH). The Branch will be following MDH recommendations as the situation evolves. Therefore, anyone who plans to or is required to go to a courthouse will be asked to follow all necessary precautions to prevent spread. When measures are implemented, they will be posted at http://mncourts.gov/emergency Update from Chief Justice Gildea

In light of the current necessity of reduced access to the district courts, a new form of ADR is available starting today in the 4th judicial district: Remote Expedited Temporary Relief (“RETR”). It is anticipated that other judicial districts will soon follow. Please see the Program Description and Order. RETR Description RETR ORDER

Our annual conference planning committee has pivoted its efforts and will focus on developing community chats, a facilitated, interactive, remote access program which will occur on each Friday beginning April 3. The first topic is entitled Emerging Use of Remote ADR During COVID-19: An interactive online discussion facilitated by Carl Arnold. The program is described as, “many mediators and other ADR providers are going exclusively online in order to avoid spreading COVID-19. Join us as we discuss emerging tips, tricks, tools and methods as mediators and other ADR providers go online. Bring your questions and ideas. What do you think is better about remote facilitation? What concerns do you have? This will be an online facilitated discussion.” Future topics will include a new mediation-arbitration program being developed called Remote Expedited Temporary Relief (RETR) how to keep people safe from domestic violence, how to address parenting time disputes, how do Guardians ad litem work given much of the work involved home visits, what happens with court interpreters when court is permitting more people to appear remotely just to name a few.  We encourage you to share with us ideas you have for other topics, including if you think you could be a facilitator on a topic. We are not presenting these topics as if we have the final answers. The facilitator will share the facilitator’s perspective on the topic, but the format will allow others to raise concerns or suggestions. We are in unchartered territory, and yet we, collectively, have the most expertise to come up with solutions. The sign up will be the same as our lunch in learns: for at least the first three conversations, they will be free to members, and $15 for non-members. Feel free to get the word out to any non-members to join to get this benefit. The program will be all remote. I want to thank Traci Capistrant, Jai Kissoon and Carl Arnold for being the consultants on our remote access function. I also want to share with you that the annual conference, which was going to focus on the intersection of culture and family court and would have required an interactive presence has been postponed from July 30, 2020 until either November or most likely cancelled and presented in July 2021. More on that in a future communication. The showing of the movie Angst which was going to be a combined program on April 1 at St. Thomas Law School is going to be rescheduled. We are exploring whether we should do that as a remote option or at a later date at St. Thomas Law School.

The order Chief Justice Gildea signed today takes effect Monday, March 23, 2020. Among other provisions, the order: · Suspends most in-person district court proceedings for the next 30 days. Exceptions include jury trials that have already commenced; grand jury proceedings in which the grand jury is currently taking evidence; and a specific list of adult criminal, juvenile delinquency, juvenile protection, and emergency matters that should continue to be heard in the courtroom during this time. (see Section B, paragraphs 4-10 of the order for more information) · Allows district courts to conduct other case processes using remote technology, or by review of the parties’ submissions without oral argument, to the extent feasible and practicable. (Section B, paragraph 11) · Limits public access to court facilities and courtrooms to parties, attorneys, and any necessary court staff. Representatives of the media may be permitted to attend hearings but will be required to submit a request to the Court Information Office or the Hennepin County District Court Information officer at least 24 hours in advance of the hearing (unless this requirement is waived by the court). (Section C, paragraph 14) · Directs that the clerk’s counter in court facilities and self-help services will be limited to electronic and telephone services until further order. The order also closes public access to the State Law Library. (Section C, paragraph 12) · Requires that filings and submissions in pending court cases must be made electronically, or by email, mail, or by other means provided by court administration (such as a drop box designated for court filings). Other than at facilities in which access is necessary to access a drop-box or other available filing means, the parties and the public will not be permitted access to a court facility to submit documents for filing. (Section B, paragraph 13) · Directs that courtrooms and court buildings that have access to virtual courtroom technology shall use and deploy that technology as directed by the presiding judge. Court staff shall continue to process cases and case filings, working remotely if feasible and approved by court administration. (Section B, paragraph 15) Chief Justice Gildea Order No 2

Attached is a letter Chief Justice Gildea has written legislative leaders and the Governor seeking to toll various statutes of limitations during the period of time the Governor’s State of Emergency is in effect.  Although the courts remain open for some matters, access to the courts and the ability of individuals to access or preserve their rights is limited during these times.  This letter was written after the Judicial Council, the court’s governing body, met and determined such relief should come from the Legislative or Administrative Branches of government. Chief Justice Gildea Letter

The following is Chief Justice Gildea’s order regarding how the courts will operate following Governor Walz’s declaration of a peacetime emergency.  The list at the end of the order is the definitive list for what cases will be postponed.  This takes effect on Monday March 16, 2020.  Court staff will be notifying parties and counsel about cases which will be postponed. I have also attached Ramsey County Family Court Presiding Judge Mark Ireland’s instructions to court staff which essentially operationalizes Justice Gildea’s order in Ramsey County Family Court. I have also attached Ramsey County Civil Court Presiding Judge Thomas Gilligan’s instructions to staff for folks who handle civil (non-family law) cases in Ramsey County. As changes occur, I will update this website to keep members up to date as much as possible. James Street Referee of District Court Second Judicial District Chief Justice Gildea’s Order 2. Ramsey County Family Court Presiding Judge Mark Ireland’s instructions

Dear friends: As you know, the nation, our state and our community are quickly responding to rapidly developing events related to COVID-19. Out of an abundance of caution we are going to postpone our Lunch and Learn scheduled for today at the St. Paul Courthouse. This event will be postponed to a date when Tanja Manrique is available and we can assure a virtual training will be presented and attended as effectively as possible.  As you know, we have been piloting remote access, however, the capacity of all members to access this is uncertain and we want to make sure that Tanja Manrique’s presentation is effectively presented in this format. In anticipation of our future remote presentations by the AFCC-MN and other groups, we urge you to make sure you have the technological capacity to participate remotely with your personal and work computers. We will be using the Zoom software to broadcast the events. You will remain automatically signed up for the rescheduled event with Tanja Manrique. If you would like a refund for any money you have paid, we will do so. We expect that the movie event at St. Thomas Law School on April 1, 2020 will be postponed due to decisions made by the law school in response to the COVID-19. We will send a communication out to members as we gather more information with more specifics. Right now there is a lot we do not know. For example, we do not know how many people have been infected in our community and who may be carrying the virus without being aware they are doing so, we do not know how long the virus remains contagious on surfaces which have been exposed to the virus, and we don’t know with precision what and when exposure to the virus could cause someone to be infected. This and other information will help us make more informed decisions to protect our members’ safety which is our utmost concern. I am told by our Chief Judge that the Governor and the Commissioner of Health will hold a press conference today at 1 p.m. I want to thank the leadership from our education committee, Board and consultants on our remote pilot project, as well as our speaker and staff person, for their leadership in consulting with me as we made this decision. They are Amy Krupinski, Laurel Ferris, Jai Kissoon, Traci Capistrant, Carl Arnold, Tanja Manrique and Heidi Halvorson. Thanks, AFCC-MN President Ref. James Street

I’m enormously grateful that you decided to license my documentary, Broken Places, and I hope it is resonating with your viewers. I wanted to let you know that PBS will broadcast the film on April 6th at 10pm(check local listings). Broken Places is my 33rd national public television documentary and represents the culmination of four decades of bringing PBS viewers stories of young people struggling to overcome adversity. Over the years one question emerged from all of my documentaries about children at risk: Why are some children severely damaged by early trauma while others are able to thrive? Ernest Hemingway had a powerful way of addressing this question in A Farewell to Arms where he wrote, “The world breaks everyone and afterward many are strong at the broken places.” Hemingway’s observation about adversity and resilience inspired the title of my film and captured the central theme I address in Broken Places. What makes this documentary unusual is that I was able to revisit a number of the abused and neglected children I profiled decades ago in order to illustrate how their early adverse experiences shaped their lives as adults. I hope you will spread the news about the upcoming broadcast with your friends, colleagues, and constituents. Please follow the link here or the button below for a “save the date” broadcast announcement to share with them. Thanks. Best, Roger Weisberg Producer/Director Broken Places Save the Date

I wanted to share with AFCC members the recent standing order for the Second Judicial District issued by Chief Judge Guthmann regarding situations when a party seeks to admit a recorded statement (video or audio clip). This order was updated due to recent amendments to the rules of criminal procedure and civil appellate procedure. While these rules do not impact OFP and HRO evidentiary hearings or family law proceedings, Chief Judge Guthmann has determined the civil rules should conform with those rules. This rule requires a party intending to introduce a recorded statement to advise the opposing party of the format in which the statement is preserved, and prior to trial timely prepare, serve, and file a verbatim transcript of the recorded statement. Failure to comply may result in exclusion of the recorded statement at trial. Click here for Order Thanks, James Street Referee of District Court

SECOND JUDICIAL DISTRICT FAMILY COURT DIVISION MODERATED SETTLEMENT CONFERENCE ROSTER ANNOUNCEMENT The Second Judicial District Family Court Division seeks applicants for a Moderated Settlement Conference roster. Ramsey County District is inviting attorneys to apply to be on their roster of Moderators for Moderated Settlement Conferences. The application deadline is March 1, 2020. The qualifications and process is described in the link. Qualified applicants shall: Have an attorney license in good standing with the Minnesota Supreme Court, either in active or retired status. Have at least ten (10) years of experience as a family law attorney with a yearly caseload comprised of at least 50% family law cases. Be a qualified evaluative neutral pursuant to Rule 114.13(e) of the Minnesota General Rules of Practice. Accept the attached MSC fee structure. To apply, please send a cover letter addressing the criteria listed in this announcement, and a copy of your resume, by March 1, 2020 to: Second Judicial District Family Court Division ATTN: Terri Barett Room 160 Ramsey County Courthouse 15 West Kellogg Boulevard Saint Paul, Minnesota 55102. RAMSEY COUNTY MSC FEE POLICY Each party’s rate is individually determined. If a party is represented by counsel, that party will be charged one-half the hourly rate charged by that party’s counsel. Counsel shall provide the MSC Neutral with the accurate hourly rate within five days of the entry of the order. In the event that the party is represented by more than one attorney at a firm, the attorneys shall provide the MSC Neutral with all of the attorneys’ rates charged to the client, and the client shall be charged one-half of the average hourly rate. If a party is not represented by counsel, the party shall be charged based on a sliding fee scale as follows: 0 – $25,000 gross per year: $25 per hour $25,000 – $50,000 gross per year: $50 per hour $50,000 – $75,000 gross per year: $75 per hour $75,000 – $100,000 gross per year: $100 per hour $100,000 – $125,000 gross per year: $125 per hour $125,000 – $150,000 gross per year: $150 per hour Over $150,000 gross per year: $175 per hour

Please find the following opening on the Guardian ad litem board, an important position which impacts families around the state. Click here for the link. The deadline is February 24, 2020.

Goal is ensuring fairness while meeting children’s basic needs New winter coats. School-sanctioned field trips. Co-pays for doctor visits. Raising children is expensive, and for thousands of families across Minnesota, child support is essential, ensuring that children have the resources necessary to thrive. To better meet children’s basic needs, the Child Support Task Force has issued its final report to the Minnesota Legislature, laying out recommendations for updating the state’s child support guidelines, something that hasn’t been done in more than a decade. In 2016, the Minnesota Legislature created the task force to review the guidelines and advise the Minnesota Department of Human Services on how to update them to ensure that they best serve Minnesota families and help parents work together to support their children even when they don’t live together. Task force members included parents, legislators, professionals who work with families and others. Recognizing the profound impact child support has on Minnesota families, they solicited and accepted public comment from hundreds of parents, grandparents, child support professionals and community members. Changes recommended by the task force include: Bringing Minnesota’s guidelines in line with the current cost of child-rearing, so child support obligations for parents with low incomes (combined monthly incomes of $6,000 and below) don’t exceed 16% of gross income of parents who owe child support Consistently calculating child support obligations for families with higher incomes (combined monthly incomes of $15,000 and above) Adjusting slightly the current method of calculating child support when parents have other children they are supporting, so that their income is more fairly divided among all of the families. Allowing courts to deviate from standard child support guidelines if the court determines paying the suggested amount in the guidelines would be a barrier to family reunification for families who have children in out-of-home placement. Creating a permanent advisory body to address remaining priority issues, providing a venue for public input and developing a process for routinely updating the guidelines. Additional recommendations can be found in the report, 2019 Minnesota Child Support Task Force: Activities and Recommendations (PDF). All task force recommendations will require legislative action. “We value the outside perspective of knowledgeable experts who can help us better serve children and families,” said Acting Assistant Commissioner Lisa Bayley. “After carefully considering each recommendation, we will work with the Governor’s Office, Minnesota Legislature and other partners on how to best move forward to ensure equity in our child support guidelines.” Any changes to the guidelines would affect not only families with a court order to pay or receive child support in the future but families with existing child support orders if they file a motion with the court to modify their order under the new guidelines. The majority of the economic model underlying Minnesota’s current guidelines is based on a 2001 study on the cost of child-rearing conducted by the U.S. Department of Agriculture. Minnesota’s guidelines have not been updated since 2007, when they changed from a model based on a percentage of one parent’s income to a model based on both parents’ incomes. In federal fiscal year 2018, county and state child support offices provided services for 340,452 custodial and noncustodial parents and their 235,564 children. For every $1 spent on Minnesota’s child support program, $3.26 was collected in support of Minnesota children, according to the 2018 Minnesota Child Support Performance Report (PDF). Look for more information on the department’s website about child support services as well as parents’ rights and responsibilities. The link for that report is https://edocs.dhs.state.mn.us/lfserver/Public/DHS-7661B-ENG.