PrintOct. 9--Four Rochester attorneys are stepping into the shoes of district court judges to handle a backlog of conciliation court disputes.
The four recently were appointed conciliation court referees and officially began hearing contested small-claims court cases today, volunteering their time.
Combined, they have about 100 years experience as lawyers in Rochester. They are Charles A. Bird, Steven S. Fuller, Paul M. Ohly and Christina Kilbo Stevens.
Olmsted District Judge Jodi Williamson is coordinating the program and says the four were selected from 13 applicants and have agreed to one-year appointments. They were officially appointed by Fillmore District Judge Robert Benson, chief judge of the 3rd Judicial District.
Benson said a shortage of judges, combined with a tight budget, has resulted in a backlog in conciliation court cases. The referees will help reduce the backlog and hear the cases more quickly.
Williamson said it also will free up about a month of court time for the county's six district judges over the course of a year, time they can use for other cases.
"That's why we are doing it," said Ohly. "The courts are pretty clogged right now, and the judges have a lot on their plate."
Ohly specializes in real estate law and has practiced in Rochester for 26 years in a law office that bears his name, along with that of a father, brother and son.
Attorneys say they're giving back
Fuller has practiced law in Rochester for 35 years and sees this as a way to "give back to the justice system."
Fuller opened his own practice in 1997 after more than 20 years with the O'Brien & Wolf Law Firm. He specializes in workers' compensation cases and also covers personal injury cases and mediation services.
Charles Bird calls it a "win-win for everyone."
He says it will help the judges and the people with small-claim disputes so their cases are heard sooner. He said the attorneys serving as referees are knowledgeable in the areas likely to come before them. And, he said, at 61, he is looking forward to "giving back a little to the profession. It's a very good deal for all."
A partner with Bird, Jacobsen & Stevens, Bird's primary practice is in commercial litigation, commercial fraud and products liabilities cases.
Christina Kilbo Stevens is a family law attorney at Dunlap & Seeger. She has been licensed for 11 years. She also does mediation and parenting time expediting. She views this as an opportunity.
"The courts are so overburdened with budget cuts, this is an opportunity for me to be involved and help the court," she said. "It's a different form of legal activism in the community."
No conciliation cases heard since July
Some 1,300 conciliation claims are filed in Olmsted County each year, Williamson said. She said more than 80 percent are resolved without a court hearing. It's the contested cases that need a judge, now a referee, to hear and decide.
But with the budget cuts and caseload, a backlog has developed, and no conciliation cases have been heard in Olmsted County since April. Williamson said that while the referees are not judges, their decisions will have the same standing as if made by a judge.
Williamson said the referees began hearing cases today, and they expect to erase the backlog by Jan. 1.
It took action by the Legislature to make this shift possible. Wililamson said that Hennepin and Ramsey counties have used referees in conciliation court for years. The Legislature changed the law this year to give all counties in the state the option of using referees.
Referees have to be licensed attorneys with at least five years experience, and they must live and work in the judicial district they'll serve in.
Who can use conciliation court?
Anyone 18 and older and companies, government agencies and organizations can sue or be sued in conciliation court. People younger than 18 must be represented by parent or guardian.
How much money can you recover?
Maximum amount is $7,500.
Do you need an attorney?
No. You can have an attorney if the judge lets you. Court procedures are simplified to let you represent yourself.
What types of complaints do conciliation courts handle?
Property damage, money disputes arising out of a tenant/landlord relationship, personal injury for actual medical bills only, losses due to bad checks, and nonpayment for goods or services. Cannot be used for claims involving real estate titles.
How do I file a claim?
Forms are available on line at www.courts.state.mn.us/forms . They also can be obtained at the county court administration office , where they are to be filed. The cost ranges from $55 to $65 to file a claim. You will be notified of the hearing date. Claims exceeding $2,500 require the plantiff to serve a summons on the defendant via certified mail. Service must be proved by filing an affidavit of service with the court.
What to bring to court?
Be prepared to show contracts or agreements or other documentation such as letters between you and the defendant relating to the problem, bills, canceled checks, warranties, receipts or photographs of damaged property.
Source: Minnesota Attorney General office.
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