Civil Division
Who We Are
Pursuant to Minn. Stat. 388.051, the Civil Division of the Washington County Attorney's Office gives legal opinions and advice to the Washington County Board and any other county officer or official concerning all matters in which the County is or may be interested, or in relation to the official duties of the Board or officer. The Civil Division consists of six attorneys, two paralegals and two legal secretaries.
The staff attorneys of the Civil Division are not authorized to provide private legal advice to the citizens of Washington County. Members of the public who want to represent themselves in legal matters can visit the Self-Help Center or do legal research at the Law Library, both of which are located at the Washington County Government Center in Stillwater.
What We Do
Legal Counsel for the County
Civil division attorneys provide legal advice to all county officials. Each week, a staff attorney reviews the County Board agenda and attends the Board meeting to insure compliance with all legal requirements.
The Civil Division defends the County in lawsuits not covered by insurance, such as planning and zoning matters, personnel related issues and real estate tax appeals.
Prosecuting Violations of Public Health Ordinances
The Civil Division assists the Public Health Department by prosecuting violations of public health ordinances. These cases involved restaurants, swimming pools, mobile home parks, motels, etc. Perhaps most important to public safety is the prosecution of public nuisance and hazardous waste violations, which includes the clean-up of the potential pollution caused by the illegal manufacture of the street drug known as "meth" or methamphetamine.
Legal Advice to Department of Transportation and Physical Development
Civil Division attorneys assist the County in obtaining land, initiating legal action to condemn privately owned land when necessary for the expansion of couty parks, building public roads, constructing county buildings or other needed projects. The private landowners can dispute the condemnation action in court. When private land is condemned, the County pays fair market value for the property.
The Civil Division provides legal advice to the Department of Transportation and Physical Development on all land use matters including land use planning and the drafting, adopting and enforcement of the Washington County Development Code. The Civil Division staff atttend the public meetings and hearings of the Planning Advisory Commission and the Board of Adjustment and Appeals. A Civil Division attorney sits as a voting memeber of the Plat Commission, which has the authority to control and regulate the platting of the subdivision of property in the County.
Civil staff assist in enforcing county zoning ordinances that regulate the type of development and land use that can occur in certain areas. This is an important issue, given both the extensive growth and development taking place in Washington County and the need to protect our beautiful lakes and the St. Croix River.
Contract and Settlement Agreement Review and Drafting
The Civil Division prepares or reviews over 300 contracts and settlement agreements annually between the County and contractors, service providers, vendors or other governmental agencies doing business with the County. Civil attorneys also review and help prepare bid specifications for many County purchases and projects.
By statute, Washington County has the authority to enter into agreements with other governmental units to jointly or cooperatively exercise powers common to them. When that occurs, the Civil Division provides legal advice and representation to the joint powers board. The Washington County/Ramsey County Resource Recovery Project is an example of the involvement of the Civil Division in a joint powers agreement situation.
Administration of the Minnesota Government Data Practices Act
The Civil Division continues to take a leadership role in providing training to all new County employees concerning the Minnesota Government Data Practices Act which ensures that information collected by the County on private citizens is not released unless authorized by law. We also act as the County's responsible authority for purposes of administration of the Minnesota Government Data Practices Act. Being the responsible authority means that the Civil Division is responsible for the collection, use and dissemination of data consistent with law. We accomplish this assignment by providing legal advice to all county departments on an as needed basis. Our legal advice interprets the provisions of the Minnesota Government Data Practices Act so as to ensure compliance with it and to minimize County liability for possible violations of the Act.
Property Tax Asssessment
Each year property tax owners in Washington County file petitions for reclassification, exemption or reduced assessed values. Most of these cases are settled. However, some cases may require a trial before the Minnesota Tax Court. These cases may include a residential homestead (whether the property owner qualfies for homestead status) or may challenge the assessed value of their home.
Commitment of Mentally Ill Inmates within the Prison System
Many people who commit a serious crime and are sentenced to prison suffer from mental illness. Minnesota Statute 241.69 requires the Minnesota Department of Corrections to establish a mental health facility within a correctional institution to provide mental health treatment to such inmates. The treatment typically includes use of anti-psychotic medication. Such a facility has been established at the Minnesota Correctional Facility-Oak Park Heights, which is a men's maximum security prison located in Washington County. Because of its location, it is the responsibility of the Washington County Attorney's Office to represent the mental health staff when they petition to have an inmate civilly committed to the Mental Health Unit (MHU) in accordance with the civil commitment laws found in Minnesota Chapter 253B.
When staff at one of the men's prisons believe an inmate has a serious mental illness and as a result is likely to harm himself or others, the inmate may be transferred to the MHU, which is staffed by mental health professionals. The inmate is offered treatment for his condition, but if he refuses, staff may file a petition with the County Washington District Court. The County Attorney's Office then attempts to prove to the court that the legal standard has been met and commitment is justified. Except in unusual cases, the county attorney also seeks to prove that the court should order the involuntary administration of anti-psychotic medications if the inmate will not agree to participate in this usual form of mental health treatment. At all times the inmate is represented by a court-appointed attorney and he can not be committed unless the county attorney proves by clear and convincing evidence, based upon the testimony of one or more independent mental health experts, that commitment is necessary to treat the inmate's mental illness.
In cases in which the inmate who suffers mental illness is nearing the end of his criminal sentence, the county attorney may seek his commitment as mentally ill and dangerous. In those cases, the county attorney must not only prove the person is mentally ill, but also must prove that if the person is not committed, that they are very likely to cause serious physical harm to another, based in part upon the inmate's past conduct or violence. An inmate committed under this provision is not released to the community, but is transferred to the Minnesota Security Hospital for additional care and treatment before being allowed to return to live in the community.
Vulnerable Adult Protection
Social workers with Community Services investigate reports regarding county citizens who, because of age or infirmity, have difficulty in appropriately caring for themselves, their finances or both. Once an individual is determined to be a vulnerable adult, the Civil Division will determine whether to pursue legal action in Probate Court to obtain the appointment of a legal guardian to take charge of the vulnerable adult and to make decisions about such things as medical care and housing or a legal conservator to handle the vulnerable adult's estate or finances, or both a guardian and conservator. Before such an appointment is made, the Court must be satisfied that no less restrictive alternative exists that will adequately protect the vulnerable adult.
Frequently, private citizens contact the County Attorney's Office with concerns about their elderly relatives or neighbors. The staff attorney will only pursue guardianship or conservatorship after receiving a referral from Community Services.
Civil Commitments
Social workers with Community Services investigate reports and screen hospitalized individuals to develop an appropriate plan of action for mentally ill and/or chemically dependent residents of the County. County staff work with the individual in an attempt to get the individual to agree to voluntary placement or treatment adequate for the illness/dependency. If an individual refuses to accept voluntary treatment and if the individual fits the necessary criteria for commitment, the matter will be referred to the Civil Division for appropriate legal action.
There are six main types of commitment proceedings under Minnesota law:
- Mentally Ill persons (MI) - Persons that are mentally ill and as a result, pose a danger to themselves or others;
- Mentally Retarded persons (MR) - Persons that are mentally retarded (developmentally disabled) and as a result, pose a danger to themselves or others;
- Chemically Dependent persons (CD) - Persons that are chemically dependent, unable to manage personal affairs and as a result, pose a danger to themselves or others;
- Persons Mentally Ill and Dangerous to the Public (MI&D) - Persons that are mentally ill and as a result, have caused or intended to cause serious physical harm to another and are likely to take such action in the future;
- Sexual Psychopathic Personalities (SPP) - Persons who have an utter lack of power to control their sexual impulses as the result of a mental disorder and therefore pose a danger to the public;
- Sexually Dangerous Persons (SDP) - Persons who have a mental disorder who have engaged in and are likely to continue to engage in harmful sexual conduct.
It is not unusual for a person to be committed as both Mentally Ill and Chemically Dependent. There are specialized treatment programs for such individuals.
This request for petition and all of the attachments that describe the patient's recent behavior and reasons supporting commitment are forwarded to the Washington County pre-petition screening team. This team reviews the petition, investigates the allegations, interviews the patient and other interested persons and reviews the patient's records.
After collecting and reviewing all relevant information, the team determines whether to continue the commitment process. If the team rejects the petition, it is sent back to the petitioner who may appeal this decision directly to the Washington County Attorney's Office. If the team recommends commitment, it drafts a report summarizing all of its investigations and submits this to be Civil Division of the Washington County Attorney's Office.
An Assistant County Attorney reviews the petition, all the attachments and the pre-petition screening report to insure that all of the requirements necessary for a valid commitment are met and that there is sufficient evidence to prove the underlying behaviors and that commitmenet is the least restrictive alternative available to the patient. If the County Attorney's Office approves the petition, the matter is set for a pretrial hearing.
Once a petition is filed for the commitment of a patient, an attorney is selected from a pre-appointed panel to represent the patient throughout the commitment process. The patient also has the option of hiring their own private attorney. This attorney is an advocate for the patient's interest and informs the patient about the commitment process and the law.
At the final court hearing, it is up to the Petitioners to prove to the Court by clear and convincing evidence that the patient is in need of commitment. If the Court so finds, the patient will be committed for a six month period. At the end of the intial six months, the Petitioner can seek an additionial twelve month extension of the commitment if the patient remains in need of treatment.
Child Support Enforcement Services
The Civil Division works closely with the Washington County Child Support Office. Staff attorneys proceed with legal actions to establish paternity, set child support or to enforce child support orders. These actions are taken on behalf of children whether or not public assistance is being expended.
In the case of unmarried parents, a paternity action can be brought to legally establish the father of the child(ren). Alleged fathers are offered genetic testing, which involves the alleged father, mother and child(ren) having a genetic sample taken (a painless swab of the inside of the mouth) which is sent to an accredited laboratory for genetic testing of the DNA present in the samples. Thanks to the sophistication and accuracy of genetic testing, most test results come back at either 0% or 99.9%.
Once paternity is established, a child support order can be put in place. Under Minnesota law, the amount of child support to be paid by the non-custodial parent is based for the most part on the number of children and the income of the non-custodial parent. The actual formula used can be found at Minnesota Statute 518.551. Child support also includes medical support, contribution to the costs of child care, etc. The law requires that payments be made to a central state payment agency, which forwards the payment to the custodial parent. The law also requires that payments be made through automatic wage withholding from the paycheck of the non-custodial parent.
If a non-custodial parent does not pay the court ordered child support payments, various enforcement actions can be taken. Income tax returns can be intercepted and licenses can be suspended (including drivers license, hunting and fishing licenses, and professional licenses such as a doctor's or lawyer's license). A legal action to have the non-custodial parent found in civl contempt or criminal contempt can be brought, resulting in the possibility of money judgments being imposed and jail time being served.
The following link to the Washington County Community Services
Child Support Program
may be helpful to find out more information on child support services available through Washington County.
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