Minnesota

As more states reimagine how legal services can be delivered, it's crucial to emphasize that successful implementation hinges on robust data collection and evaluation. The more data we gather and analyze, the more robust our foundation becomes for advancing regulatory innovation.

In May 2022, the Minnesota Supreme Court hosted a public hearing on several recommendations to improve the state's Legal Paraprofessional Pilot Project. Speakers in favor and opposition of the recommendations came together for constructive dialogue on tangible ways to improve the program and, ultimately, increase access to legal services.

In 2021, Minnesota implemented a legal paraprofessional program to provide increased access to justice for a broader range of low- and modest-income individuals. So far, there are multiple signs that these paraprofessionals bring positive change to the profession.

The pandemic has affected our civil justice system in many ways, yet perhaps the most important role access to justice entities can play in the near future is to advocate for the retention of remote access systems for court appearances as well as for the delivery of legal and self-help services.

Early results from Minnesota’s Expedited Litigation Track (ELT) pilot program suggest a reduction in the delays generally caused by either the discovery process or the filing of continuances. The ELT provides a more expedited process for select civil cases (such as personal injury and consumer credit) in two counties in Minnesota, with the goals of a corresponding reduction in the cost of litigation and increased access to the courts.

Minnesota legislators are proposing an alternative to traditional divorce proceedings—the Cooperative Private Divorce. The bill aims to allow couples to form divorce agreements without filing with the court or needing a judge's sign-off. The reform will not replace the current, court-administered divorce system, but adds another option for families to consider.

In a classic example of "two heads are better than one," a group of stakeholders and legislators has come together to accomplish a substantial compromise on parental responsibility legislation and the family court process in Minnesota. The group took what were two sets of polarized opinions and came to a compromise that encompasses changes to parenting time, custody issues, and other family court processes in the state.

The Coalition for Impartial Justice has been working for several years to move Minnesota from nonpartisan judicial elections to commission-based appointment with retention elections and performance evaluation, which would require amending the state constitution. The proposal has bipartisan support, with sponsors on both sides of the aisle, but some Republican lawmakers have recently withdrawn their support in response to pressure from their party.

In Minnesota, a broad-based group known as the Coalition for Impartial Justice, which includes more than 30 business, labor, religious, citizen, and legal groups, is working to implement the 2007 recommendations of the Quie Commission. The commission was unanimous in calling for the adoption of a "merit selection" process for judges and a performance evaluation program, with a majority of the commission favoring retention elections for subsequent terms.

Judge Kevin Burke, a Minnesota trial judge and member of the IAALS Board of Advisors, seconded Ohio Chief Justice Maureen O'Connor's call for selection reform in her state. According to Judge Burke, selection reform in Ohio is needed for three reasons: judicial elections may negatively impact public perceptions of judges and courts, not enough voters participate in judicial elections, and more can be done to educate judicial voters.