10.a Eckberg Lammers_RFP Response Scandia ProsecutionRESPONSE TO REQUEST FOR PROPOSALS FOR PROSECUTION SERVICES
Eckberg Lammers, P.C.
Joe Van Thomme
1809 Northwestern Ave
Stillwater, MN 55082
jvanthomme@eckberglammers.com
Telephone: 651-439-2878
www.eckberglammers.com
ECKBERGLAMMERS
ATTORNEYS AT LAW
City of Scandia, Minnesota
September 23, 2022
SUBMITTED BY:
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TABLE OF CONTENTS
FIRM BACKGROUND ................................................................................................................ 4
INTRODUCTION ........................................................................................................................ 4
BRIEF HISTORY ........................................................................................................................ 4
NUMBER OF ATTORNEYS AND AREAS OF PRACTICE ................................................................... 4
NUMBER OF PARALEGALS/SUPPORT STAFF AND AREAS OF PRACTICE ........................................ 4
OFFICE LOCATIONS .................................................................................................................. 4
CURRENT AND PAST CITY RELATIONSHIPS ................................................................................ 4
ATTORNEY QUALIFICATIONS ................................................................................................. 5
PROSECUTION TEAM ................................................................................................................ 5
QUALIFICATIONS ..................................................................................................................... 7
ACCESSIBILITY TO CITY, PERSONNEL, POLICE OFFICERS ........................................................... 7
PROSECUTION TECHNOLOGY .................................................................................................... 7
CRIMINAL PROSECUTION REFERENCES .............................................................................. 8
FEES ......................................................................................................................................... 9
CONFLICTS OF INTEREST ...................................................................................................... 9
CONCLUSION ..........................................................................................................................10
APPENDIX A ............................................................................................................................11
Roster of Attorneys ............................................................................................................11
APPENDIX B ............................................................................................................................12
SUPPORT PERSONNEL ............................................................................................................12
APPENDIX C ............................................................................................................................13
Represented Municipalities ...............................................................................................13
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Proposal Summary
Firm Eckberg Lammers, P.C.
Attorneys 19
Experience
Founded in 1949, Eckberg Lammers is one of the most reputable
law firms in the Twin Cities Metro. Our attorneys serve individual,
business, and municipal clients throughout both Minnesota and
Wisconsin.
Scope of Services
Prosecution
Proposed Attorneys
Joseph Van Thomme
Thomas Weidner
Mitchell Sell
Fees
Annual Flat Fee for the first year of $30,000
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FIRM BACKGROUND
Introduction
Eckberg Lammers, P.C. is pleased to submit this Response to the Request for Proposals City
Prosecution Services to the City of Scandia, Minnesota.
The true strength of the Eckberg Lammers Prosecution team is our focus on partnership with
our municipal clients to provide unparalleled service. Our strong relationships coupled with our
depth of knowledge in municipal prosecution allow us to provide the highest level of service.
The Eckberg Lammers Prosecution team believes in providing compassionate, courageous, and
cost-effective representation. We do this through frequent communication, consistent delivery of
services, and training our municipal partners. Quite simply, Eckberg Lammers will deliver
prosecution services of the highest quality to the City of Scandia.
Brief History
Eckberg Lammers was established in 1949. Since its founding, the firm has served as civil,
prosecution, employment, and special counsel for many municipalities throughout Minnesota
and western Wisconsin. The firm’s attorneys and staff value the relationships made with police
departments, staff, elected officials, and residents in the municipalities the firm serves.
Number of Attorneys and Areas of Practice
Eckberg Lammers currently employs 19 attorneys. See Appendix A.
Number of Paralegals/Support Staff and Areas of Practice
The firm employs more than 30 support staff consisting of paralegals, legal assistants,
victim/witness coordinators, office administrator, marketing director, human resources,
accounting, law clerks and a receptionist. Of this, our prosecution staff is comprised of seven full
time support personnel, who are dedicated to 100 percent prosecution work. We have four legal
assistants, three victim witness coordinators, and two designated law clerks. See Appendix B.
Office Locations
Eckberg Lammers has two main office locations, but our attorneys often work in regional work
spaces. Our main Minnesota office is located in Stillwater, Minnesota and we have a second
office in downtown Hudson, Wisconsin. Eckberg Lammers also has flexible meeting spaces
available throughout the state since we prioritize committing resources towards having a
regional presence.
Current and Past City Relationships
Eckberg Lammers has historically maintained a significant focus in municipal and public-sector
practice and, since its inception, has been one of the leading municipal law firms in the Twin
Cities metropolitan area and beyond. Our prosecution team currently represents twenty
municipalities within a six-county area. See Appendix C for the current resume of municipalities
we serve.
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ATTORNEY QUALIFICATIONS
Our philosophy is an individualized, measured response in each case. We understand that
cases are not a “one size fits all” proposition, and always keep the goals and safety of the City
in mind. Our prosecutors are skilled negotiators when it comes to resolving criminal cases and
skilled litigators when it is time to go to trial. We regularly collaborate with community partners,
such as victims’ advocacy groups, to ensure cases are resolved in a way that protects victims’
rights and interests. Our prosecution team provides trainings, monthly updates through a
prosecution-specific newsletter, ride-alongs with law enforcement, and 24/7 availability to
officers.
Eckberg Lammers offers a team approach to municipal prosecution. This team of experienced
municipal attorneys who will provide comprehensive prosecution services to the City of Scandia.
This structure allows for competent, efficient prosecution services inside and outside the
courtroom. Given our team approach, experienced prosecutors and staff are always available to
provide timely assistance.
All of our prosecutors are effective negotiators, confident litigators and subject matter experts in
the criminal prosecution field as well as related fields including code enforcement, vehicle
forfeiture, and state and federal firearm permit laws. Each member of our prosecution team is
well-versed in every aspect of the firm’s cutting-edge technology, and has significant experience
using all BCA databases, e-charging criminal complaints, and utilizing other state prosecution
programs.
Prosecution Team
Joseph D. Van Thomme is a shareholder and earned a juris doctor from Hamline University
School of Law in 2009. He joined our firm in March 2014, after spending more than four years
prosecuting at an Anoka County firm. Joe prosecutes for all the firm’s prosecution clients and
advises municipalities and their police agencies on firearms, vehicle forfeitures, administrative
law, and criminal and civil ordinance enforcement issues. Like all of our prosecutors and
prosecution staff, he has extensive knowledge and experience with the BCA’s e-charging
system and meets all BCA security requirements to use that charging platform.
Joe serves on the board for Standpoint, formerly known as the Battered Women’s Legal
Advocacy Project, which stands to promote justice for domestic and sexual violence victims
through education to survivors, advocates, attorneys, and other professionals throughout
Minnesota. He is a member of the DWI Task Force and is a presenter at the annual state-wide
Towards Zero Death (TZD) law enforcement conference. He is also the former chair and
member of the Minnesota State Bar Association Criminal Law Section.
Thomas J. Weidner has led our prosecution team for more than 30 years. He has served as
the lead prosecutor for the Cities of Woodbury, Northfield, Faribault, Bayport, Oak Park Heights,
Grant, Lake St. Croix Beach, Mahtomedi, Lakeland, St. Mary’s Point, Hugo, Marine on St. Croix,
and Lake Elmo. In addition to his substantial prosecution duties, Tom maintains a private
practice in civil litigation.
Tom has focused on the development and implementation of the use of technology in
prosecution. By innovating “paperless” file systems, electronic scheduling and the transfer of
electronic reports and evidence, our firm can offer more effective prosecution services at a
lower cost to our municipal clients and correspondingly reduce the pressure on police staff
resources.
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Mitchell Sell joined the firm in the summer of 2014 as a litigation support assistant. While
attending law school, Mitchell also clerked for the Sarpy County Public Defender’s Office in
Omaha, Nebraska working on felony level matters. He graduated from Creighton University
School of Law, in Omaha, Nebraska in 2020, summa cum laude, and joined Eckberg Lammers
full-time to practice in municipal prosecution. He has a passion for being in the courtroom and
advocating on behalf of our municipal clients.
Imran Ali is a shareholder, attorney, and the Senior Director of Training, Consulting, and
Investigation Services. He joined our firm in 2021, after serving over seventeen years as a
felony-level prosecutor in the state of Minnesota. His extensive experience is recognized both in
the courtroom and community. Imran is nationally recognized for his work both inside and
outside of the courtroom and was selected as Minnesota Attorney of the Year in both 2016 and
2020. We are happy to provide additional information upon request regarding these services.
Working with victims of crime has provided Imran with the passion needed to succeed in the
court room. He has developed law enforcement training programs that employ participates in
serving their communities with honor and integrity while being equipped with the appropriate
tools in decision-making. Examples of training include:
• In Court Testimony
• Digital Crime Investigations
• Criminal Court 101
• Evidence Based Investigations
• Motor Vehicle Searches
• Search Warrants
• Report Writing
• Sex Trafficking
• Human Trafficking
• Vehicle Stops
• Racial Disparities
• Vicarious Trauma
Kari E. O’Leary began working at Eckberg Lammers in April 2020. She has over eight years of
criminal law experience and has exclusively prosecuted for five years. Prior to joining Eckberg
Lammers, she prosecuted petty misdemeanors through felony level offenses at the Rice County
Attorney’s Office and Morrison County Attorney’s Office. Kari represents the firm’s municipal
clients in Rice County, Dakota County and Washington County. She serves as the firm’s lead
attorney for the cities of Northfield, Faribault, Dundas, and Morristown.
Kari is committed to community service and outreach, particularly in the areas of education and
training for the municipalities we represent. She believes that partnering closely with law
enforcement and other justice partners provides effective prosecution and achieves fair
outcomes. She is an advocate for victims and member of both the Hope Center Board and
Blueprint for Safety.
Derek T. Archambault joined the firm in December of 2018. He devotes 100 percent of his
practice to criminal prosecution. He also works on municipal code enforcement and potentially
dangerous/dangerous dog designations. Derek has spent his entire legal career working in
criminal prosecution.
Derek regularly coordinates trainings and educational materials for police agencies, lawyers and
code enforcement officers, and has presented at the annual Minnesota Criminal Justice
Institute. He is the co-author of our firm’s prosecution newsletter and prepares and distributes
case law updates to all agencies. Derek is also a member of the Minnesota Organized Retail
Crime Association (MNORCA), which is a statewide organization that allows retailers, financial
institutions, prosecutors and law enforcement to stay updated on criminal activity affecting
businesses.
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Alexis McKim is a recent addition to the firm. She joined our firm in March of this year and
devotes 100 percent of her practice to criminal prosecution. Prior to joining the firm, Alexis
served as an Assistant County Attorney in Anoka County. Alexis has worked in many parts of
the criminal justice system, including work as a pre-trial services agent, a correctional officer,
and a probation and parole intern.
Annie McCahery is an attorney in our prosecution and civil municipal practice groups. She
joined the firm in 2019, while attending law school. Prior to our firm, she worked as a certified
student attorney for the Ramsey County Public Defender’s Office and Mitchell Hamline Legal
Assistance to Minnesota Prisoners Clinic. She also worked as a summer law clerk for the
Innocence Project of Minnesota and volunteered for the Minnesota Justice Foundation.
QUALIFICATIONS
Accessibility to City, Personnel, Police Officers
Because effective and comprehensive prosecution service requires attorneys in court, available
in the office and after-hours, the firm’s “team approach” is well-suited to serve the needs of the
City. The City and its law enforcement agency will become well-acquainted with all of the firm’s
prosecutors and support staff. The City can expect that all of the firm’s prosecutors may appear
in court, handle after-hours calls, and handle the day-to-day tasks attendant to criminal
prosecution.
This approach has served the firm’s clients well and will ensure that the City of Scandia has
effective and continuous representation in and out of court.
Our primary responsibility to the City is to provide effective, high-quality prosecution services of
petty misdemeanor, misdemeanor and gross misdemeanor violations related to criminal, traffic,
vehicle forfeiture, appeals and Criminal City Code violations as well as provide relevant, related
legal advice. Our support personnel coordinate court appearances, case scheduling, pre-trial
and trial discovery compliance, victim/witness coordination, officer court appearance
notifications, technical support and conflict checks.
The firm is well situated to represent the City and no staffing changes should be required. We
will have no problem handling the volume of work associated with providing comprehensive and
timely criminal prosecution services to the City of Scandia. Eckberg Lammers has exceptional
depth of experienced criminal prosecutors, combined with the strength of our infrastructure,
support, and case management systems.
Eckberg Lammers views its municipal representation as a collective, and not an individual,
effort. Therefore, every attorney and member of the support staff that is knowledgeable in
criminal prosecution and municipal law will assist in the City’s legal representation at one time or
another.
Prosecution Technology
Our prosecution department maintains a case management system separate from the rest of
our firm for both privacy and efficiency. We maintain paperless files, which allow all our
prosecutors and staff to access case files from any location. They system also affords us
maximum flexibility and security for file storage and retrieval as well as calendaring, electronic
reminders, conflict management and off-site access.
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The firm has invested in advanced technology systems in areas of case management; data
transactions including body worn cameras and dash cameras; and accessibility of documents to
outside agencies. Our office also works closely with our law enforcement partners to reduce the
City’s internal staffing time regarding document and video evidence duplication and transfer. We
utilize a cloud based electronic data transfer system that is compliant with all video storage
formats.
CRIMINAL PROSECUTION REFERENCES
The City of Scandia is encouraged to contact any of Eckberg Lammers’ current clients, we have
provided the contact information for the below references.
City of Woodbury: Jason Posel, Chief of Police
8301 Valley Creek Road
Woodbury, MN 55125
(651) 714-3500
jposel@ci.woodbury.mn.us
City of Ramsey: Jeff Katers, Chief of Police
7550 Sunwood Drive NW
Ramsey, MN 55303
(763) 427-6812
jkaters@ci.ramsey.mn.us
City of Oak Park Heights: Steve Hansen, Chief of Police
14168 Oak Park Blvd N
Oak Park Heights, MN 55082
(651) 439-4723
shansen@cityofoakparkheights.com
Washington County Dan Starry, Sheriff
15015 62nd Street
P.O. Box 3801
Stillwater, MN 55082
(651) 439-9381
sheriff@co.washington.mn.us
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FEES
We propose a flat fee retainer that encompasses all of the proposed prosecution services. The
firm will prosecute all matters outlined in the Request for Proposals within the monthly retainer
fee described below, including criminal appeals and forfeitures related to DWI offenses. The
fees set forth are not adjusted based on who is completing the work. As such, the City of
Scandia can be assured that the flat fee retainer will be the total billed in each month
(supplemented by hard costs described below). Accordingly, the efficiency and savings
generated by this arrangement will be passed on to the City by eliminating the need for a
redundant monthly billing summary of the services provided within the flat fee. The annual fee
amount will be billed in twelve (12) equal monthly installments.
Year 1 Year 2 Year 3 Year 4 Year 5
Flat-Fee (Per year) $30,000 $30,750 $31,520 $32,308 $33,115
Hard Costs
Charges passed through at cost: The firm does not charge for the following:
• Courier/Delivery Services • WestLaw Research Fees
• Process Server Fees • Printing
• Civil Filing Fees (forfeitures) • Mileage reimbursement
• Appellate Binding Services • Legal assistant services
• Office Supplies
• Electronic copies of documents
• Postage
As part of the firm’s comprehensive flat fee for prosecution services, no charges are ever
imposed for phone calls. The firm encourages City staff, law enforcement and personnel to
contact any of our prosecuting attorneys and support staff without budgetary concerns. If a
phone call evolves into a project or work item, that item will be covered by the flat fee retainer
agreement. The firm has found this approach to be welcomed by cities, as it provides for
unfettered legal advice without imposing financial pressure on the City.
CONFLICTS OF INTEREST
The list of all public clients for which the firm currently provides services under a fee for services
basis or on a retainer basis is contained in Appendix C of this response. The firm does
represent the City of Scandia as Civil Municipal Attorney. The firm does not foresee any
potential conflict of interest with the City of Scandia that could result from such representation in
relation to prosecution matters.
The potential for conflicts of interest always exists. The firm maintains a conflict protocol and
client registry as required under existing ethics standards for that purpose. The firm is keenly
aware that representation of private individuals, real estate developers, contractors and others
may impact its municipal clients, and Eckberg Lammers has worked to successfully avoid those
conflicts over the years. In the rare event a conflict presents itself, the firm would promptly refer
the case for representation, at no additional cost to the city, as we are professionally required to
do, and if necessary, we would assist in making the requisite referrals and transition the file to
other counsel in an efficient manner.
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The firm, as a matter of protocol, conducts a conflict check for each prosecution file opened by
the firm. The firm also maintains a separate client list in its computer system which notes all
clients and adverse parties.
CONCLUSION
The breadth and depth of our firm’s longstanding experience in representing municipal clients
makes Eckberg Lammers uniquely qualified to provide superior, cost-effective prosecution
services to the City of Scandia. Our firm has demonstrated an ability and willingness to maintain
close, effective working relationships with its municipal clients. We have enjoyed tremendous
success prosecuting for cities of all sizes due to our strong infrastructure and skilled, capable
attorneys. The commitment of the prosecution team to our clients allow us to deliver the
services requested. We welcome the opportunity to provide comprehensive criminal prosecution
services to the City of Scandia.
Respectfully submitted this 23rd day of September, 2022.
ECKBERG LAMMERS, P.C.
Joseph Van Thomme
(651) 351-2106
jvanthomme@eckberglammers.com
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APPENDIX A
Roster of Attorneys
Eckberg Lammers has 18 attorneys who work collaboratively to deliver a full spectrum of legal
services for every client. The following is a summary of each attorney’s area(s) of practice:
Attorney: Area(s) of Practice:
Joseph D. Van Thomme* Municipal Prosecution
Thomas J. Weidner* Municipal Prosecution, Civil Litigation
Mitchell S. Sell Municipal Prosecution
Derek T. Archambault Municipal Prosecution
Kari E. O’Leary Municipal Prosecution
Imran Ali* Director of Law Enforcement Education & Training
Anneliese L. McCahery Municipal Law, Municipal Prosecution
Alexis McKim Municipal Prosecution
Andrew LeFevour Prosecution Consultant & Training
Christopher T. Nelson Municipal Law, Civil Litigation, Labor and Employment Law
Lida M. Bannink* Labor and Employment Law, Municipal Law, Civil Litigation
Nicholas J. Vivian* Municipal Law, Banking and Finance, Business Law
Thomas R. Loonan Municipal Law, Business Law
Kevin S. Sandstrom* Municipal Law, Civil Litigation, Worker’s Compensation
Eric J. Sherburne Banking and Finance
Keith Marnholtz Civil Litigation
Patrick J. Boley Estate Planning and Probate
Jade Klemmensen Estate Planning
Christina Benson Municipal Law
* Indicates shareholder(s)
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APPENDIX B
Support Personnel
Name Title Practice Area(s)
Missy Barstow Legal Assistant Prosecution
Sabrina Thorson Legal Assistant Prosecution
Elena Di Vita Legal Assistant Prosecution
Kelly Deweerd Legal Assistant Prosecution
Emily Rekow Legal Assistant Prosecution
Taylor Thoreson Victim/Witness
Coordinator Prosecution
Linda Wikoff Victim/Witness
Coordinator Prosecution
Andrea Evans Paralegal Real Estate
Jenny Brodrick Paralegal Personal Injury
Karen Stoltzmann Paralegal Probate
Shelley VanDyke Paralegal Municipal Law, Labor & Employment
Carol Dawson Paralegal Municipal Law, Labor & Employment, Civil
Litigation
Danette Langness Paralegal Municipal Law, Banking and Finance,
Business Organization
Julie Wheeler Legal Assistant Municipal Law, Banking and Finance,
Business Organization
Shelley de St. Aubin Legal Assistant Estate Planning
Sarah Mendenhall Legal Assistant Personal Injury
Kathy Wahlman Legal Assistant Civil Litigation
Alex Screaton Law Clerk Civil Litigation
James Vandenbergh Law Clerk Civil Litigation
Brinda Shah Law Clerk Prosecution
Chelsey Fischbach Law Clerk Prosecution
Amy Crea Law Clerk Prosecution
Aimee Schroeder Investigation Specialist LETAC
Kayli Thompson Administrative Assistant LETAC
Linda Junco Office Administrator
Sherry Delong Human Resources
Dana Reynolds Marketing Director
Jade Buchanan Accounting Assistant
Julie Meredith Accounting Assistant
Charmagne Banaszek Receptionist
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APPENDIX C
Represented Municipalities
Eckberg Lammers has historically maintained a significant focus in municipal and public-sector
practice and, since its inception, has been one of the leading municipal law firms in the Twin
Cities Metro area and beyond. The following list includes a listing of all current Eckberg
Lammers representative municipalities:
City Attorney for the Following:
Bayport*
Blaine
East Bethel
Forest, WI*
Grant*
Holdingford+
Hudson, WI*
Lake St. Croix Beach
Mankato*
Mendota
Mendota Heights+
New Richmond, WI
Oak Park Heights
Oakland, WI*
Scandia
Star Prairie, WI*
St. Joseph, WI*
St. Mary’s Point
Swiss, WI*
Trade Lake, WI*
Woodbury*
Woodmohr, WI*
Wyoming
Prosecution Services for the Following:
Bayport
Blaine
Circle Pines
Crystal
Dundas
East Bethel
Faribault
Grant*
Lake Elmo*
Lake St. Croix Beach
Mahtomedi
Mankato*
Mendota
Morristown
Newport*
Northfield
Oak Park Heights
Ramsey
Robbinsdale
St. Mary’s Point
Woodbury*
*Indicates municipalities the firm has started to represent in the last three years
+ Indicates municipalities the firm ended representation of in the last three years