PC Lawyer training. Vague standards. Mainstream, majority views excluded. Unconstitutional.
The petitioner in this case is an attorney who faces having his bar license placed in an involuntary restricted status for failing to complete two hours of "Elimination of Bias" classes.
This website is a place to download copies of the court filings in this case. These files are quite large and may take some time to download, especially with a dial up connection.
As always, hard copies are available through the Minnesota Supreme Court. The case number is A03-0884.
On February 9, 2004, the American Bar Association voted to recommend that all states adopt such a requirement. The ABA resolution was silent as to whether it should be merely one option to satisfy an overall ethics requirement (as in Washington, West Virginia and Oregon), or whether it should be a stand-alone requirement as in Minnesota.
On March 25, 2004, the Minnesota Supreme Court ruled against Elliot Rothenberg. More to follow on this case, which is far from over. Go to Bias CLE 599 to 1 weblog for a point-by-point response
On June 21, 2004, Elliot Rothenberg filed a petition for certiorari with the United States Supreme Court.
Amicus Brief (no cover pages, E-Z download)
Amicus Brief
Appendix (part 1)
Appendix (part 2a)
Appendix (part 2b)
Appendix (part 3)
Minnesota Supreme Court Decision in Rothenberg Case
Point-by-Point Response at Bias CLE 599 to 1
U.S. Supreme Court Petition for Certiorari
Cert Petition (EZ Download)
(about ideological imbalance in CLE)
Overlawyered.com article
Powerline weblog article
Captains Quarters
Federalist Society ABA Watch
(see p. 9)
Minnesota CLE Rules