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Press Release for Tomorrow's Hearing in Per Diem Case |
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A hearing in the so-called “Per Diem” case, titled Citizens for Rule of Law, Hon. Tom Emmer, Hon. Mark Buesgens, et al. v. Senate Committee on Rules and Administration; House Committee on Rules and Administration, et al., will be held tomorrow, May 2, 2008 at 1:30 p.m. before Ramsey County District Court Judge Kathleen R. Gearin. Among the pending motions are the Attorney General’s motion to dismiss the complaint filed on behalf of the defendants; Representative Emmer’s motion to deposit money with the Court representing the “increase” he accepted in 2007; and the plaintiffs’ motion to amend the complaint adding the Secretary of State as a defendant. The principal claim is that the state legislators have received an increase in compensation voted on in 2007 in violation of a constitutional requirement that such an increase not be paid until after the 2008 election. The 2007 increase in the Senate was from $66 per day to $96 per day. The 2007 increase in the House was from $66 per day to $77 per day. Plaintiffs' attorney Erick G.Kaardal comments, “It’s a very important hearing. If we win, we are well on our way to receiving an appropriate remedy prior to the election in November.” |
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Complaint Alleges Orono School District Violated Campaign Finance and Election Laws |
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Michael Wigley of Long Lake and Robert Jackson of Orono, Minnesota filed a complaint with the Office of Administrative Hearings on April 28, 2008 against the Orono Public School District and others regarding several campaign irregularities that likely violate campaign election and finance laws.
The complaint is based on activities from Orono’s school referendum ballot question election held earlier this year on February 12, 2008. The allegations allege failure to file campaign reports, failure to claim contributions and expenditures, falsifying campaign materials to promote the ballot question, and the District’s use of the Honeywell School Instant Alert System to contact only parents of school children to get-out-the vote, presumably to those who would vote in favor for the referendum. Other parties named in the complaint include each Orono School Board members, School Superintendent Karen Orcutt, and Orono Kids Matter – “Vote-Yes” Group, an association that advocated for the passage of the school referendum and property tax increase. Two Orono School Board Members served on the “Vote Yes” Group — Michele Kunz, and Martha Van de Ven who participated as the “Vote Yes” Group’s vice-chair. The Office of Administrative Hearings is expected to determine before the end of the week whether the 22 page, single-spaced complaint presents sufficient evidence of probable cause to hold a hearing on the allegations of campaign misconduct. Press inquiries are directed to attorney Erick G. Kaardal at 612-341-1074. |
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Hearing Set in Per Diem Case On May 2, 2008 |
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Ramsey County District Court Judge Kathleen R. Gearin will hear arguments in the state legislature per diem case at 1:30 p.m., May 2, 2008. The hearing will be in the Ramsey County Courthouse, 600 Courthouse, 15 West Kellogg Blvd., St. Paul. The Attorney General's office is representing the state legislative defendants on a motion to dismiss the Citizen-Plaintiffs' claims. The Citizen-Plaintiffs represented by Erick G. Kaardal oppose the motion to dismiss. Two state legislators, Rep. Tom Emmer and Mark Buesgens, have also joined the lawsuit as plaintiffs. Rep. Tom Emmer has requested that the court deposit his check which is in the sum of the "increased per diem compensation" he received since the house raised the per diem compensation in 2008. The Court would hold Emmer's deposit until the legality of the increased per diem compensation is determined. The public is welcome at the May 2, 2008 hearing. |
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United States Files Appellate Brief in Wolfchild Case |
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On April 11, 2008, the United States filed its appellate brief in the Wolfchild case. The United States is appealing a lower court decision that the Department of Interior had mismanaged Mdewakanton Dakota trust land at Shakopee Mdewakanton Sioux Community, Prairie Island Indian Community and Lower Sioux Indian Community. Basically, the United States failed to ensure that all the Indian trust beneficiaries benefitted equally from the casinoes at the three locations rather than a few hundred getting millions while several thousand received zero. Attorney Erick G. Kaardal is representing approximately 7,500 Mdewakanton Dakota plaintiffs who initiated the lawsuit. The response brief is due on or about May 20, 2008. The hearing will be held in the summer or fall. More information about the case is available at mklaw.com. |
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Attorney Visits Native American Sweat Lodge |
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On April 4, 2008, attorney Erick Kaardal participated in a sweat lodge ceremony at Prairie Island Indian Community. Mr. Kaardal reported, "I have a great respect for the cultural and religious traditions of the Dakota people. I want to thank Chris Leith and Virgil Mountain for having me." The sweat lodge ceremony lasted about one hour and involved about 15 people. After the sweat lodge ceremony, food and conversation were shared. |
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Attorney Erick G. Kaardal to Speak at University of Minnesota on Wolfchild Case |
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Attorney Erick G. Kaardal will be speaking on April 4, 2008 at the University of Minnesota about the pending case Wolfchild v. United States. The Wolfchild Plaintiffs, who Kaardal represents, have established in the U.S. Court of Federal Claims that the United States has mismanaged the trust associated with the lands at Shakopee Mdewakanton Sioux Community, Prairie Island Indian Community and Lower Sioux Indian Community. The case is currently on appeal to the U.S. Court of Appeals for the Federal Circuit. More information is available about the case on this website and at mklaw.com. After his presentation, Kaardal will be joined by elders of the Sioux tribes of Northern Plains region. Kaardal states, "I believe this University of Minnesota conference will be a turning point for the greater Dakota, Lakota and Nakota communities to understand the Wolfchild Plaintiffs' objectives. The Bureau of Indian Affairs must be held to the same rule of law that is applied to every other trustee. The Wolfchild Plaintiffs ask for nothing more, nothing less." |
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Attorneys Discuss Public Interest Litigation at St. Thomas Law School |
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Attorneys Lee McGrath, Institute for Justice, Teresa Nelson, Minnesota Civil Liberties Union, and Erick Kaardal, Mohrman & Kaardal spoke to students at St. Thomas Law School on April 2, 2008 about public interest litigation career opportunities. Attorney Lee McGrath discussed the mission of Institute for Justice, how it works and current litigation Similarly, Attorney Teresa Nelson discussed the mission of the Minnesota Civil Liberties Union, how it works and current litigation. Attorney Erick Kaardal, an attorney in private practice, discussed the role of the private practitioner and the public interest -- why attorneys need to keep in mind service to others. Then, Kaardal discussed some of the lawsuits highlighted on this website. According to the organizers, the event was successful. |
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State Legislature Files Motion to Dismiss in Per Diem Case |
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The state legislative defendants in the per diem case filed a motion to dismiss the complaint filed by Citizens for Rule of Law. The state legislative defendants argue that per diem compensation is not "compensation" for the purposes of the Minnesota Constitution. The hearing on the motion to dismiss is scheduled in Ramsey County District Court on April 28, 2008. |
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Letter to the People Who Reside In Houston County |
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I am an attorney who lives in Hamel, Minnesota. Some of my acquaintances in Houston County asked me to review recent Houston County Board and Planning Commission actions and give my advice from a neopopulist perspective to the residents of Houston County. Particularly, my acquaintances were concerned about the county government’s handling of the Caledonia jail project, the proposed adoption of countywide land use management policies and certain, recent land use enforcement decisions. After some neopopulist reflection, I do not believe the residents of Houston County have a government that is ethical or democratic. From the neopopulist perspective, the evidence shows that the Houston County government no longer serves the residents of Houston County. First, it is important to reject a right-wing or left-wing ideological interpretation of the Houston County government’s activities. Any ideological and partisan reductionism tends to deviate from the facts and tends to lead the people astray. Second, neopopulists believe that ethical, democratic Houston County government requires a "love of the people." Love of the people is not a utilitarian exercise. A government that loves the people requires a hate of democratic deficits and government mediocrity, requires jealousy to protect the legislative/administrative power from the elitist/expert class and requires a suspicious view of the utilitarian claims inherent in community planning. Neopopulists assert that any government that does not meet these requirements needs to be more ethical and more democratic. Third, neopopulists hate democratic deficits and government mediocrity. Neopopulists believe, like J.S. Mill, that a "skilled democracy" requires a balance between the bureaucratic and democratic elements. Bureaucracies tend toward rules, routine and mediocrity over time. Electing county officials to run county bureaucracies infuses the people's values back into these mediocrity-trending county bureaucracies. Therefore, neopopulists want democratic deficits minimized in Houston County government and available means of political participation in Houston County government maximized. Neopopulists believe the broader the scope and depth of the democratic deliberation, the less government mediocrity. On this point, it is clear that the Houston County commissioners are not committed to an ethical, democratic dialogue with the people. The Houston County commissioners look at the public, public hearings and public input as bothersome, useless and a waste of time. To the contrary, neopopulists view an ethical, democratic environment as an end in itself. In this way, the Houston County government fails to be ethical and democratic. Fourth, neopopulists jealously protect the legislative/administrative power from the elitist/expert class. Neopopulists believe the great battle today is the people's democracy versus the elites and experts of the modern regulatory state. Thus, neopopulists criticize Houston County’s delegation of the legislative power to the county staff which in turn delegates the legislative power to consultants. For example, the proposed countywide land use management system is an unacceptable delegation of legislative/administrative power to the elitist/expert class. These proposals did not come from the people and do not address the people’s needs. The elites and experts, the consultants working with the county staff, have drafted them and proposed them. The people who have to live under these eventual countywide land use management system rules may only comment. The way Houston County has handled this matter rises to the level of a neopopulist scandal. Fifth, neopopulists have a suspicious view of the utilitarian claims inherent in community planning such as the countywide land use management system. The people do not adopt the utilitarian approach that grows out of the economic writings of Adam Smith and Jeremy Bentham. The marketplace analogy simply does not apply to politics. There is no "marketplace of ideas." Rather, the people insist on an ethical, democratic government to deliberate on community planning. The school of utilitarianism provides little guidance on community planning. The school of neopopulism insists on a democratic process -- an end in itself -- for community planning. The Houston County government has failed to provide such an ethical and democratic process in its consideration of the countywide land use management system. Sixth, neopopulists demand a respect for the rule of law. In Houston County, several hundred people have signed a resolution requesting the County Board to adhere to the rule of law. The County Board has refused to adopt the resolution. Further, recent land use decisions made by the County Board and Planning Commission suggest a reckless attitude towards the rule of law. Neopopulists disagree with the County government’s recklessness towards the rule of law and demand strict adherence to the rule of law -- so that all will be treated equally under the law. In my opinion, the residents of Houston County must act in the November 2008 elections to make its government ethical and democratic by electing neopopulists. The whole world is watching you. Erick G. Kaardal is general counsel for neopopulism.org. |
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First Amendment Case Against OAH Proceeds |
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On March 27, 2008, U.S. District Court Magistrate Judge Franklin L. Noel granted Plaintiffs' motion to add additional parties and class action claims to their complaint. However, Judge Noel recommended to U.S. District Court Judge Rosenbaum that the claims against Robbinsdale Superintendent Stan Mack be dismissed. If Superintendent Mack is dismissed, the state Office of Administrative Hearings remains a defendant. The Plaintiffs will be objecting to Judge Noel's recommendation that Superintendent Mack be dismissed. As background, the Plaintiffs brought their First Amendment claims against the state Office of Administrative Hearings for enforcing penalties against non-defamatory political speech. Any citizen can file a complaint with the OAH asking for penalties to be applied to non-defamatory speech. Plaintiffs assert these penalties and processes violate the people's free speech rights. |
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