COURTS

DUAL COURT SYSTEM FEDERAL

STATE

FEDERAL

COUNTERFEITING

KIDNAPPING

SMUGGLING

DRUG TRAFFICKING

STATE COURTS FOR EVERY ONE FELONY CONVICTION

IN FEDERAL COURT THERE ARE MORE THAN 20 FELONY CONVICTIONS IN STATE COURT

JURISDICTION THE GEOGRAPHIC TERRITORY OR

LEGAL BOUNDARIES WITHIN WHICH CONTROL MAY BE EXERCISED; THE RANGE OF A COURT’S AUTHORITY

FEDERAL VS STATE

STATE COURT STATE SUPREME COURT STATE COURT OF APPEALS TRIAL COURTS/DISTRICT COURTS

(GENERAL JURSDICTION) TRIAL COURTS/LIMITED JURSDICTION

MUNICIPAL COUNTY

CONCILIATION COURTS—UP TO $10,000

JUDGES EXPECTED TO EMBODY JUSTICE Six methods of selection

Gubernatorial appointment Legislative selection Merit selection Nonpartisan election Partisan election Mixture of methods

STATE OF MN NONPARTISAN—PARTY AFFILIATIONS

ARE NOT LISTED ON THE BALLOT

MINNESOTA JUDGES

SUPREME COURT-7

COURT OF APPEALS-19

DISTRICT COURTS JUDGES-289

JOB REQUIREMENTS LAWYER UNDER THE AGE OF 70 ELECTED TO 6 YEAR TERMS IF APPOINTED BY THE GOVERNOR—

SERVE AT LEAST ONE YEAR BEFORE AN ELECTION

DISTRICT COURTS TEN DISTRICTS

2ND—RAMSEY COUNTY 4TH—HENNEPIN COUNTY 10TH—WASHINGTON COUNTY

10 JUDGES

MN TEN DISTRICT COURTS

MINNESOTA SUPREME COURT CHIEF JUSTICE LORIE SKJERVEN

GILDEA

ESTABLISHED IN 1849

MN BECAME A STATE IN1858

MN SUPREME COURT

FIRST CASE A PERSON WANTED $2 PASTURE FEE FOR

A STRAY COW THAT HAD WANDERED ONTO HIS PROPERTY

DECISION???

MN COURT OF APPEALS 19 JUSTICES FINAL RULING 95% OF ITS CASES TO MAKE IT MORE EFFICIENT THE

JUSTICES FORM 3 JUDGE PANELS AND THEY TRAVEL THROUGHOUT THE STATE

AKA: APPELLATE COURTS THEIR JOB IS TO REVIEW THE

DECISIONS OF LOWER COURTS

U.S. SUPREME COURT 9 JUSTICES—NUMBER SET BY SENATE JOHN G. ROBERTS—CHIEF JUSTICE

SINCE 09/2005 APPOINTMENT FOR LIFE APPOINTED BY THE PRESIDENT

JUSTICE JOHN G ROBERTS

U.S. SUPREME COURT

SUPREME COURT IS KNOWN AS:

THE COURT OF LAST RESORT

WARREN BURGER APPOINTED BY NIXON GRADUATE OF JOHNSON H.S. CHIEF JUSTICE 1969 TO 1986 DIED IN 1995

U.S. STATE ATTORNEY Minnesota

Criminal Division

Civil Division

Administrative Division

Community Relations Division

CRIMINAL DIVISION ECONOMIC CRIMES

Investment Banking Public Corruption

NARCOTICS Works with DEA, IRS, FBI

MAJOR CRIMES Bank Robberies

Counterfeiting

Crimes on the Red Lake and Bois Forte Indian Reservations

CIVIL DIVISION TORT ACTIONS

Agent sued

Medical Malpractice

Wrongful Death

U.S. ATTORNEY GENERAL Part of Cabinet---Department of Justice

Appointed by President

Eric Holder Jr. Appointed 02/03/2009

MN ATTORNEY GENERAL Chief legal officer for the State of Minnesota

Chief policy maker in areas of Consumer protection Health Care Housing Utilities

Lori Swanson Elected in 2006 First female MN AG

PROSECUTORS District Attorney State’s Attorney County Attorney Commonwealth Attorney

WASHINGTON COUNTY ATTORNEY

PETE ORPUT

Other duties Legal Advisor to Police Departments

Guide Police Investigations

Close Working Relationship

DISCRETION Prosecutorial Discretion

Lies in the power to charge, or not to charge, a person with an offense

TRIAL The examination in a court of the issues of

fact and law in a case for the purpose of reaching a judgment of conviction or acquittal of the defendant

48 HOUR RULE Arrested without a warrant

Must go before a Judge no later than 48 hours so the Judge can determine probable cause for that arrest

Clock begins immediately upon the time of arrest and includes the day of arrest. Saturdays, Sundays and legal holidays are also included.

36 HOUR RULE/RULE 5/BAIL Arrested without a warrant---must be brought

before the judge no later than 36 hours after arrest

Computation does NOT include the day of arrest, Sundays or legal holidays.