Rule 369
Rule 369. Role of
County Attorney and Employees of the County AgencyRule
369.01 Role of County AttorneySubdivision 1. Approval as to Form and Content.The county attorney shall review and approve as to form and content all legal documents prepared by employees of the county agency for use in the expedited process or in district court.Subd. 2.Attendance at Hearings.The county agency shall appear through counsel. However, the county attorney may authorize an employee of the county agency to appear on behalf of the county attorney to present an agreement or stipulation reached by all the parties. An employee of the county agency shall not advocate a position on behalf of any party. The county attorney is not required to be present at any hearing to which the county agency is not a party.Rule
369.02 Role of Employees of County AgencySubdivision 1. County Attorney Direction.Under the direction of, and in consultation with, the county attorney, and consistent with Rules 5.3 and 5.5 of the Minnesota Rules of Professional Conduct, employees of the county agency may perform the following duties:(a) meet and confer with parties by mail, telephone, electronic, or other means regarding legal issues;
(b) explain to parties the purpose, procedure, and function of the expedited child support process and the role and authority of nonattorney employees of the county agency regarding legal issues;
(c) prepare pleadings, subject to review and approval of the county attorney, including, but not limited to, summonses and complaints, notices, motions, subpoenas, orders to show cause, proposed orders, administrative orders, and stipulations and agreements;
(d) issue administrative subpoenas;
(e) prepare judicial notices;
(f) negotiate settlement agreements;
(g) attend and participate as witnesses in hearings and other proceedings, and if requested by the child support magistrate, present evidence, agreements and stipulations of the parties, and any other information deemed appropriate by the magistrate;
(h) participate in such other activities and perform such other duties as delegated by the county attorney; and(i) exercise other powers and perform other duties as permitted by statute or these rules.Employees of the county agency shall not represent the county agency at hearings conducted in the expedited process.Subd. 2.Support Recommendations Precluded.Employees of the county agency may not offer recommendations regarding support at the hearing unless called as a witness at the hearing. Computation and presentation of support calculations are not considered recommendations as to support.Subd. 3.County Attorney Direction Not Required.Without direction from the county attorney, employees of the county agency may perform the duties listed under Minnesota Statutes 2006, section 518A.46, subdivision 2, paragraph (c). In addition, employees of the county agency may testify at hearings at the request of a party or the child support magistrate.Subd. 4.Performance of Duties Not Practice of Law.Performance of the duties identified in Rule 369.02 by employees of the county agency does not constitute the unauthorized practice of law for purposes of these rules or Minnesota Statutes 2000, section 481.02.
(Amended effective June 1, 2009; amended effective November 22, 2023.)
Advisory
Committee Comment - 2008
Amendment
Rule 369.02, subdivision 3, is amended to update the statutory references to reflect the recodification, effective on January 1, 2007, of portions of the relevant statutes, that became part of Minnesota Statutes, chapter 518A.
Advisory
Committee Comment - 2023
Amendments
Rule 369.02, subd. 1, is modified in 2023 to make it consistent with Minnesota Statutes, section 518A.46, subdivision 2.