Fall 2009 Volume 9, Issue 1
Hamline University School of Law is proud to offer a variety of law clinics to provide practical experience for students. Students represent clients under the supervision of experienced in-house or adjunct faculty members. In spring 2009, Hamline University School of Law offered clinics in several areas of law: Child Advocacy, Education, Employment Discrimination Mediation, Health Law, Immigration Law, Innocence, Mediation, Small Business/ Non-profit, State Public Defender, and Trial Practice. Students who participated in these clinics not only received credit towards their Juris Doctor, but they gained a wealth of knowledge in case management, learned lawyering skills, established contacts in the legal community and added valuable experience to their resumes.
Student Directors Students who have taken a clinic may enroll as Student Director for advanced experience with faculty permission, for one, two, or three credits. Student Directors have the opportunity to work on more challenging cases. They work one-on-one with their supervising attorneys as they follow the course of the cases for which they are responsible. Because Student Directors already have at least one semester of clinic experience, they are available to assist students taking the clinic for the first time. The relationship a Student Director builds with their Supervising Attorney can provide the student with references, networking and a trusted member of the bar to consult with in the future.
Congratulations to Sara Bongers for winning the “Outstanding Clinical Student Award” awarded by the National Clinical Legal Education Association! This award recognizes law students who have excelled in a clinical course or program. These students represent thoughtfulness and compassion when dealing with clients and engaged in self reflection in order to become better lawyers in the future.
The advanced experience a Student Director receives will better prepare him or her for work in the legal field and solidify the legal education he or she receives at Hamline University School of Law.
All clinics are three credits and require professional responsibility as a prerequisite or concurrent course. In fall 2009, the following clinics will be offered: Child Advocacy, Employment Discrimination Mediation Representation, Health Law, Immigration Law, Innocence, Mediation, Small Business/ Non-Profit and State Public Defender.
The Clinic staff at Hamline University School of Law (L to R): Vickie Jauert, Professor Angela McCaffrey, Sue McBrayer and Professor Mary Jo Hunter
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Child Advocacy Clinic Kimberley Woods, 3L, was the full-time Student Director for the spring 2009 semester. Kimberley provided support and assistance to the clinic teams while managing a busy and hectic caseload. She represented Guardian ad Litems (GALs) in Hennepin County Christopher Bates and his fiancé, Kristin Falde Juvenile Court, Katie Carlson and Erica Ellenwood acted as the GAL interpreter with some clients despite what the client in both Ramsey may indicate. In addition, they acted as GALs in and Hennepin Ramsey County for two infants. They learned that County Juvenile working on behalf of a child’s best interests can be Court and appeared complicated. in third party custody cases in Hennepin Family Court. Thinking about all of the great work that she did in the clinic makes one tired! She was a wonderful advocate for children. Erica Ellenwood and Kimberley Woods
Ben Gotmer, also a 3L, was the part-time Student Director. He worked closely with one team who had some complex cases. Ben also acted as a GAL in a difficult family case in Ramsey County. He and his collegues, Elizabeth Jones and Christopher Bates, represented a maternal aunt in a heart wrenching third party custody case. Although the semester was over, the case continued in to the summer. Ms. Jones volunteered to work on the case during the summer with another colleague, Erica Ellenwood.
Erica partnered with Becky Moore, 3L, during the spring semester. They worked on several tough cases. They learned that it is important to have an
Becky Moore and her family
Katie J. Carlson, 3L, and her team partner, Morgan Bianco, 3L, represented several Guardian ad Litems in Hennepin County Juvenile Court. In addition, they were the GAL for three little boys in Hennepin County. Katie and Morgan became quite knowledgeable on the movie Cars, as well as advocating for the best interests of children. They also worked extensively with the Indian Child Welfare Act in their casework. Shanika Alston teamed up with Melanie Lopez Malmgren for the semester. They worked on behalf of a grandmother seeking third-party custody of her granddaughter, as well on behalf of a sister seeking custody of her brothers after the death of their mother. This dynamic duo was teased for their propensity to have their cases close quickly for reasons beyond their control. Nevertheless, they worked on behalf of the children who were in their cases. Students in the Child Advocacy Clinic were supervised by Professor Mary Jo Hunter.
Ben Gotmer and his family
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Ross Oden and Rebecca Robison worked together to prepare their client for a mediation session on an Office of Civil Rights complaint filed by their client against a school district. The school district had failed to properly evaluate the student for special education eligibility. Sara Bongers and Melanie Lopez Malmgren
Shanika and her mother
Education Clinic Students enrolled in the spring ’09 Education Law Clinic represented a variety of low-income clients to help them obtain equal access to free, appropriate public education. A number of the cases involved children protected under the Individuals with Disabilities Education Improvement Act. The clinic students also learned about other education issues impacting low income and minority children. The clinic students worked on their cases through the Education Law Advocacy Project of Southern Minnesota Regional Legal Services Inc., under the supervision of Lilian Ejebe and Atlee Reilly. Amber Mulder and Jennifer Rottmann worked together as a team in representing the educational interests of their clients. In one case, they represented an elementary school student who is academically gifted but suffers from a severe behavioral disorder. They attended several meetings with school staff to advocate for appropriate services for the child and were able to obtain the school district’s agreement to conduct a comprehensive re-evaluation and an independently conducted Functional Behavioral Analysis.
The clinic team’s involvement ensured that both the academic and behavioral needs of the child were met. Amber and Jenny also prepared and delivered a presentation to a group of parents on various topics of education law at the Rice Street Library in St. Paul. The presentation provided an opportunity for parents with students in St. Paul Public Schools to learn more about laws affecting and protecting their children, as well as with an opportunity to ask specific questions about their individual issues. Patrick Murphy assisted a client in getting a special education evaluation. He attended truancy meetings at the school, which was instrumental in identifying and addressing the educational needs of the student.
Ross represented the client during the mediation session and the school district agreed to an independent educational evaluation at district expense, reimbursement of tuition expenses and full implementation of an educational plan to address the students’ learning needs. Rebecca also represented two other high school special education students at their individual education program (IEP) meetings. She was able to get the necessary information from her clients regarding their educational needs and their IEPs were revised to include appropriate goals and accommodations.
EDMR Clinic Matt Holen and Josh Borken were a bit disappointed when they settled their first mediation before the Minneapolis Civil Rights Department. Their client, a single mother who had worked her way out of poverty, fell back into it when she lost her job at a national company. They wanted to get a large sum of money for her because they felt she was terminated because she was African American, but the end result was much better. She was awarded less money, but did receive her job back. Now she feels productive and is proud to provide a home for her children.
In their second case they represented a worker who was forced to hear her boss make revolting sexual jokes and comments about her and other females. The environment was so uncomfortable it became intolerable, so she quit. Matt and Josh settled the case for a significant sum of money. “Matt and Josh were great to work with. They made sure I discussed every important part of my situation with them and made sure I felt comfortable when the mediation took place. I felt I was in good hands with them on my side,” noted their satisified client. In their third case of the semester, an African American man alleged discrimination on the basis of race because a racial slur was used by his caucasian boss. The case was settled for a sum of money and an apology. – 3–
Kelly McCormick and Ben Gotmer had great success with their first case. A large national company was alleged to have paid black employees less money and provide fewer opportunities for advancement. Kelly and Ben came against some well-established lawyers. They were nervous and very prepared. The settlement they got was large and life changing for their client.
Their next case involved a female employee who worked for a large international company and who alleged a hostile work environment. A tough all-day mediation did not get the case settled. So they referred her to a highly regarded human rights lawyer. They learned that sometimes ADR methods like mediation do not resolve disputes. Sometimes a trial is necessary. The third case involved a female security guard who alleged gender, disability and age discrimination. Some of the younger men who worked with her felt she was too old for the job of guarding buildings, and they said the hearing aid she wore didn’t help. She felt “belittled and humiliated” by their comments and the inaction of her supervisor to provide a uniform that fit her (her uniform was cut to male proportions). Ben and Kelly settled the case for money, an apology and recognition that she is a hard working and respected member of the security division. In their fourth case, at the last minute the employer decided not to participate in the mediation process before the EEOC. Mediation is a voluntary process and either party can withdraw at any time. Nevertheless, it was frustrating when both Kelly and Ben thought the facts were clear and they had put so much work into preparing for the mediation. There were seven clients who were well served by Ben, Josh, Matt and Kelly in the EMDR Clinic during January to May, 2009. Whether the case settled or not, the clients were “well satisfied” with their representation. The students were thankful for the trust the clients showed in them and for being willing to teach the students the reality of law. Students in the EDMR were supervised by Professor Joe Daly.
students organized a very large and complicated file, interviewed the client, sent discovery demands and subpoena requests, interviewed adverse witnesses, helped resolve a dispute involving data privacy, prepared the client for the hearing, and helped draft a settlement proposal. The students convinced the Minnesota Department of Health to settle, and the client is now able to continue working direct care jobs. DHS Fair Hearing: Ramsey County Human Services disqualified a health care worker (P.C.A.) from direct care employment due to an unprosecuted arrest record that was 10 years old. Rachel Boaz and Eric Newman interviewed the clients, obtained witness subpoenas, sent discovery requests, participated in pre-trial conferences, and conducted a 7-hour fair hearing against the Ramsey County Attorney’s Office. The students cross-examined two police officers and a licensing agent, in addition to direct examination of their four witnesses. The students also helped with the post-hearing memo. The judge issued a favorable decision for our client. Unemployment Compensation Hearing: Eric Newman represented a health care administrative assistant in her unemployment compensation hearing. He sent discovery demands, prepared a written legal argument, and represented the client during her hearing, including cross-examining two adverse witnesses. We received a favorable decision and a sincere thank you note from the client.
Written Work/Legal Research Set-Aside Request: Jessica Ammons drafted a set-aside request for a health care worker (P.C.A.) who had been disqualified from employment due to alleged maltreatment of a patient. The student interviewed the client, obtained the client’s employee file, and drafted a set-aside request that was ultimately successful.
Administrative Hearing Work
Set-Aside Request: Sarah Henning drafted a set-aside request for a health care worker (P.C.A.) who had been disqualified due to his juvenile criminal record. The student interviewed the client, researched the issue, ordered juvenile records, and drafted a request. We have not received an answer on this request.
MDH Maltreatment Case: Sarah Henning and Jessica Ammons helped a health care worker (C.N.A.) with her disqualification from employment due to an accident that occurred with a patient. The
Set-Aside Request: Eric Newman helped a health care worker request a set-aside stemming from a disorderly conduct conviction on her criminal record. He interviewed the client, researched the legal issues,
Health Law Clinic
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and drafted a request that was ultimately successful. Child Maltreatment Appeal: Eric Newman helped a client appeal a child abuse allegation. He interviewed the client, ordered the child protection records, researched the issue, and drafted an appeal. The appeal was unsuccessful. Unemployment Compensation Appeal: Sarah Henning and Jessica Ammons helped prepare for an unemployment hearing involving a courier whose unemployment benefits were in jeopardy due to his status as an independent contractor. They helped interview the client and research the legal issues.
Court Observation Court of Appeals Oral Argument: Sarah Henning and Jessica Ammons observed a DHS disqualification oral argument at the Court of Appeals. They also read the briefs and spoke with the SMRLS attorney who argued the case. Students in the Health Law Clinic were supervised by Lindsay Davis, SMRLS and Sue Schaffer, private practice.
Immigration Law Clinic The Immigration Law Clinic provides students with the opportunity to represent clients in a variety of immigration cases under the supervision of an experienced immigration practitioner. The immigration law clinic provides legal advice and representation to low-income clients. Students worked directly with clients on various cases including familybased petitions, adjustment of status to permanent residence, naturalization, Violence Against Women Act, visa processing, and removal proceedings. Nkechi Eccles-James and Nate Bares worked on an asylum case. They did the brief and final hearing for a man who fled his home country because he was being harassed, threatened and beaten by gangs. His asylum claim was based on his fear of what these gang members would do to him upon his return. The case is now on appeal to the Board of Immigration Appeals. Kate Hannaher and Lisa Hammer worked on a variety of cases. One of the most exciting and impressive cases involved working with an African woman who had come to the U.S. as a tourist to visit with her daughter, who is a U.S. Citizen. Once the client was in the U.S., the daughter and her husband
began abusing her. She was eventually able to flee the house at night. The police found her and dropped her off at the Salvation Army shelter downtown. She eventually got to a domestic abuse shelter where she was put in contact with the Immigration clinic. The students filed a VAWA (Violence Against Women Act) claim asking that she be allowed to remain in the United States independently. Kate and Lisa also filed a fiancée petition for a man to bring his Peruvian fiancée to the U.S. and a family petition for a woman to be reunited with her husband living in Morocco. Khanh Nguyen was student director again and had his own case load. Khanh’s greatest victory was receiving relief on a case that he helped file last spring. This was a U visa case. U visas are available for victims of violent crimes in the U.S. The client was a man who was severely injured by a gun shot. He now has a work permit and permission to be in the U.S. for three years after which time he will be eligible to apply for his green card. Students in the Immigration Clinic were supervised by Susan Jorgensen Flores, Immigrant Law Center.
Congratulations to all the students for their hard work and their hard earned victories!
Innocence Clinic Richard LaFuente’s case file was intimidating. Stacks of transcripts, almost a decade worth of students’ notes and articles from magazines, newspapers and the internet stared back from a heavy cardboard banker’s box and a couple of expandable file folders. Figuring out where to begin and how to absorb all the information about a trial that took place 23 years earlier was a daunting task. As time progressed, new pieces of what has become a very complicated jigsaw puzzle kept turning up. Those pieces included the following facts: • no physical evidence linked him to the murder, • two of the four eye-witnesses that sealed his fate had recanted their testimony claiming they were threatened, • the case had been closed as a hit-and-run motor vehicle accident, but then reopened on the word of an alcoholic two years later, • Richard LaFuente actually drove himself back up to North Dakota from his home in Texas to clear things up when he learned there was a warrant out for him, – 5–
• Richard LaFuente drove himself up north only to be imprisoned for half his life for a death he had no involvement in, • not a single one of eleven codefendants made a made a deal with the prosecution. Mr. LaFuente was offered a deal to get out of prison that he declined — as did his codefendant. Each piece of information made it clearer that this was an innocent man in prison for a crime he did not commit. The Innocence Clinic was asked to help find answers to certain questions about Mr. LaFuente’s case. Finding the answers to those questions became the driving force that took students to North Dakota. At the Fargo Courthouse, students spent two days plowing through thousands of pages of trial transcripts and court documents, looking for answers. They went to the office of the U.S. Attorney and asked questions and met with Mr. LaFuente’s postconviction attorney to get his insight. Next they went to the place where the body was found: Spirit Lake Nation. Although they hit a dead end contacting old witnesses for a variety of reasons, students were able to walk through the stories told by those who testified, and got a feel for the community and looked with their own eyes at the place the body was found. This experience was invaluable because details that seemed immaterial were revealed to be significant. It also was a cultural lesson that made clear that reading transcripts and imagining scenes and people is utterly insufficient, and our expectations that phones would work, doors would open and people would talk were naive. Since that trip, we have answered many questions and made new contacts. We took one more trip to Spirit Nation, but with a guide this time. We are both hopeful that some of the information we found will finally prove sufficient to convince people who can help of Richard’s innocence. During this past year, the Innocence Project changed the way we looked at the justice system. Finding a way out of jail for someone who is really innocent is a nearly impossible task, espeically in a case that is so old and where no DNA exists. Nonetheless, it is essential that we try. This article was written by Innocence Clinic students Matthew Bartholomaus (Hamline) and Joanie Simon (U of M). The Innocence Clinic is taught by Michael Davis (weekday) and John Riemer (weekend). – 6–
Mediation Clinic Through an arrangement with the Dispute Resolution Center in St. Paul (a non-profit, community mediation program that serves the Twin Cities’ east metro), students enrolled in the Mediation clinic provide mediation services in Minnesota’s Second Judicial District Conciliation Court. Conciliation Court, sometimes called small claims court, was established by Minnesota Statute 491.01 to allow people to bring their legal claims to court without expensive costs or complicated legal procedures. The limit for a claim in Conciliation Court is $7,500. Five students were enrolled in the clinic during the spring semester: Jessica Fischer, Matthew Heffron, MariJo Krier, Denise Lusby, and Dylan Monteith. Sarah Belz and Timothy Oujiri returned to the clinic as Student Directors. During the course of the semester, more than 20 cases were mediated. A majority of the cases mediated involved matters between landlords and tenants, most notably for the past due payment of rent. In such cases, the agreements reached between the parties centered around a payment plan. Other cases mediated included car repairs, insurance subrogation matters and breach of contract for services rendered.
Small Business/Non-Profit Clinic This clinic is taught by Adjunct Professors Kim Lowe and Paul Jones from the Fredrikson law firm. Students had the opportunity to provide legal advice to entrepreneurs in developing start-up businesses and to individuals working with tax exempt non-profits with non-litigation legal issues. The students also had the opportunity to work on cases at the Fredrikson law firm offices. The legal issues involved may have included choice of form ownership, compliance with federal and state regulatory requirements, contract drafting and reformation, lease requirements, scope of insurance coverage, credit record adjustments, tax exemption procedures, and real and personal property transaction documentation. Students participating last spring were Michael Goodwin, Jeffrey Maas, Joel Sommers and Elizabeth Vultaggio.
face after sentencing, Ami said, “I never realized how complicated that can be or how many issues a defendant faces after conviction; because you don’t really think about that phase of the justice system during first-year criminal law classes.”
L to R: Chris Kramer, Ami Janda, Sean Pratt and Andrew Barnhardt
State Public Defender Clinic The State Public Defender Clinic pairs students with supervising attorneys who work in the State Public Defender’s Office. Students are given 4-7 actual client files to work on throughout the semester. The files consist of criminal cases at the appellate and postconviction level. Typically a student may work on motions to gain additional jail credit or get detainers removed for clients. In addition, students also may work on various sentencing issues, or doing additional research and writing for the attorneys’ post-conviction or appellate briefs. When asked how her first case file was progressing, Ami Janda, from the summer clinic, said it was a little slow because everything was so new. She thinks the clinic is great, as far as the practical experience it offers law students. Regarding the issues offenders
Clinic students also get a chance to tour a prison and interview clients in the prison setting. Sean Pratt, a summer clinic student, said that as the visit to prison to interview his first client was getting near, the interview was stirring up some unexpected emotions. He realized that he would be interviewing a real person who he already felt like he knew a little bit by reading his office file. “It’s very different than doing theoretical work in a classroom,” Pratt said. Nonetheless, he is very excited for the opportunity for the real world experience. This spring, student participants included Adam Abelson, Tony Douvier, Matt Holmes, Adam Klotz, Jennifer Lauermann, Christine Kuczynski, Tom Seelen, Adam Strauss, and Jessica Rudner. Supervising attorneys were Cathryn Middlebrook, Jim Peterson, and Richard Schmitz. Also working at the clinic as student directors were Kyle Fountain, Dan Yates, Stephanie Gallagher, and Mark Backstrom. Summer student participants include Ami Janda, Sean Pratt, Andrew Barnhardt, and Chris Kramer. Additionally, three other students stayed on during the summer as student directors, Dan Yates, Adam Strauss, and Jennifer Lauermann. They had the opportunity to help with the supervised release/ parole revocation calendars representing clients at Department of Corrections administrative hearings. “Participating at the DOC hearings is an unbelievable opportunity to
Front Row, L to R: Amy Schwarz; Adam Flood, student director; Luis Morales; Rachel Knutson Back row, L to R: Kristen Finney; Michelle Didier, student director; Chelsey Riemer; Professor Angela McCaffrey; Kim Collins
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firing was a lack of business and not misconduct by the claimant. She was granted benefits. This claimant also was able to testify in English with an interpreter at her side due to the many practices provided by Kim and Rachel.
participate in part of the justice system that a lot of people don’t see or even know exists. Being able to advocate for your client at the hearings is really fun and rewarding,” one of the students said.
Trial Practice Clinic A sincere thank you to Adam Flood, Natalie Rundeen and Michelle Didier for serving as Student Directors in spring 2009. Luis Morales and Amy Schwartz represented a claimant with two issues. The first issue was whether the claimant was entitled to unemployment compensation when she quit a temporary job at a factory after three days. Luis and Amy proved that the assignment was not suitable work due to an underlying medical condition that the work exacerbated. She was found eligible for unemployment. The second issue was whether she was able to work. Luis and Amy proved that she was able to work for the majority of the time in question by the department. She was found ineligible for a narrow period of time due to a medical opinion. She was advised of the steps to take to become eligible again.
Luis and Amy also represented a claimant who worked at a temporary agency but was laid off when the work ended. The temporary agency claimed she was not eligible due to not calling back within five days to request a new position. Luis and Amy proved that was not true by producing cell phone records as evidence. That evidence showed three phone calls. The judge agreed with Luis and Amy and found her eligible for unemployment insurance. A side benefit in this case was that the claimant was able to testify in English with an interpreter by her side due to the great many practices Luis and Amy provided for her. Her self confidence soared. Kim Collins and Rachel Knutson represented a claimant who was fired for alleged misconduct from a hotel housekeeping position. Kim and Rachel showed that the alleged misconduct had absolutely no substance or details to it, that the claimant had been the victim of ethnic discrimination, and that the real reason for the
Kim and Rachel also represented a professional worker who was fired for sending e-mails to another worker offensive to the management. The e-mails were directed to one employee only in response to similar e-mails derogatory of management. The management found out about the claimant’s e-mails when the co-worker was laid off and her e-mail file was read by management. Kim and Rachel proved that this conduct was simple unsatisfactory conduct that did not rise to the level of a serious violation of work standards. They did this by showing the claimant’s work continued to be excellent and the derogatory statements were not shared with anyone other than a former employee who shared the same views. She was found qualified for unemployment compensation insurance. Chelsey Johnson and Kristen Finney represented a claimant who had a chemical dependency relapse and was unable to go back to work due to being placed in an inpatient treatment center. They represented him at a hearing and at a request for reconsideration at an appellate level. The claimant believed he was fired for violating the former employer’s policy of not using illegal drugs and not calling as required before missing shifts. (He was unable to do so due to hospitalization).
Chelsey and Kristen argued that two calls made to the employer were a constructive request for accommodation. The judge ruled against the claimant stating that handbook policies do not rise to the level of an automatic discharge and therefore he quit due to medical necessity. In that case the judge further ruled that while the word accommodation need not be used, the claimant must in some way ask the employer for an accommodation (like time off) when it becomes medically necessary to quit in order to be eligible for unemployment insurance. He was found ineligible. The Trial Practice Clinic was supervised by Clinic Director Professor Angela McCaffrey.
www.hamline.edu/law/clinics – 8–