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Wednesday, September 28, 2016
Today at the Court
9:30am Voigt v. N.D. Public Service Commission
10:30am Fredericks v. Fredericks
2:45pm Schweitzer v. Mattingley
New Opinion: Sept. 26
The Supreme Court posted a new opinion on Sept. 26.
Nominating committee names NEC judge finalists
NEC Finalists Four lawyers have been named as finalists to fill the Northeast Central Judicial District judgeship vacancy created by the resignation of Judge Debbie G. Kleven. The finalists named by the Judicial Nominating Committee are Jay Knudson, Jason McCarthy, Theodore Sandberg and Nancy Yon.
U.S. government to pay $492 million to 17 American Indian tribes
MPR News: "The U.S. government has agreed to pay a total of $492 million to 17 American Indian tribes for mismanaging natural resources and other tribal assets, according to an attorney who filed most of the suits."
Deference to agencies at issue in S.D. wetlands fight
Greenwire: "A dispute over methods that federal officials used to determine that a South Dakota farm contained wetlands has ballooned into a broader legal battle over how agencies interpret regulations."
Mont.: Magna Carta spotlighted in exhibit in Helena
Great Falls Tribune: "The Montana Law Library is featuring a national traveling exhibit highlighting the Magna Carta, a document that gave a fundamental guarantee of rights and privileges."

North Dakota
42 new attorneys admitted to North Dakota bar
New attorneys take the oath As Justice Dale Sandstrom administered the oath, 42 lawyers were admitted to the North Dakota Bar Sept. 23. Speakers at the admission ceremony included State Board of Law Examiners President Lawrence King, Lt. Gov. Drew Wrigley, Attorney General Wayne Stenehjem, U.N.D. School of Law Professor Kirsten Dauphinais, and State Bar Association President Charles DeMakis.
  • 2016 Admission Ceremony Photos
  • Joint Procedure Committee Sept. 29-30 agenda
    The agenda for the Sept. 29-30 meeting of the Joint Procedure Committee and the committee's May 12-13 minutes have been posted.
    Personnel Policy Board Sept. 30 agenda
    The agenda for the Sept. 30 meeting of the Personnel Policy Board and the board's July 1 minutes have been posted.
    Appellate practice tip of the week
    Omitting key facts destroys your credibility when the other side points them out.
  • Other appellate practice tips
  • Courthouse Criminal Law Basics CLE in Bismarck
    The South Central Judicial District will offer a free continuing legal education program in October geared to attorneys practicing criminal law. The program is titled "Courtroom Criminal Basics" and two-hour sessions will be held beginning at 4 p.m. on October 4, 11, 18, and 25 at the Burleigh County Courthouse.
    October Term of Court
    North Dakota Supreme Court
    The October term of court has been posted, including issues and briefs.
    Pattern Jury Instruction Commission Oct. 6-7 agenda
    The agenda for the Oct. 6-7 meeting of the Pattern Jury Instruction Commission and the commission's June 15 minutes have been posted.
    Judicial Education Commission Oct. 7 agenda
    The agenda for the Oct. 7 meeting of the Judicial Education Commission and the commission's June 10 minutes have been posted.
    Bismarck small claims court program set for Oct. 5
    Judicial Referee Pam Nesvig will present a one-hour program to provide information to parties who plan to participate in small claims court. The program will be held at 4 p.m. on Wednesday, Oct. 5, at the Burleigh County Courthouse, Bismarck. No registration is required.
    Court adopts amendments to court recordings rules
    The North Dakota Supreme Court has adopted amendments to N.D. Sup. Ct. Admin. R. 40 and 41 related to access to audio recordings of district court proceedings. The amendments take effect Oct. 1.
    Court adopts amendments to rules on defendant's presence
    The North Dakota Supreme Court has adopted amendments to N.D.R.Crim.P. 10 and 43 relating to the defendant's presence at the preliminary hearing and arraignment. The Court also made changes to the criminal procedure forms. The amendments take effect Oct. 1.
    Court sets hearing, seeks comment on proposed procedural rule amendments
    The Supreme Court has issued a Notice of Hearing and Comment on proposed changes to the Rules of Civil Procedure, Criminal Procedure, Juvenile Procedure, Appellate Procedure, Court, and the administrative rules. Comments are due and the hearing is set for Oct. 12.
    Court adopts amendments to admission to practice, professional conduct rules
    The Supreme Court has adopted amendments to the Admission to Practice Rules and the Rules of Professional Conduct that are intended to enhance the admission to practice process. The amendments take effect Oct. 1.
    Court seeks comment on NWJD judicial vacancy
    The Supreme Court has issued a Notice of Consultation regarding the vacancy in Judgeship No. 2 in the Northwest Judicial District that will be created by the retirement of Judge David Nelson. Comments are due October 3.
    Court adopts new military spouse lawyer certification rule
    The Supreme Court has approved a new Rule 3.3 of the North Dakota Admission to Practice Rules on military spouse lawyer certification. The new rule takes effect Oct. 1.
    Court adopts rule amendments on practice by foreign lawyers
    The Supreme Court has approved amendments to Rule of Professional Conduct 5.5 and Admission to Practice Rule 3 on practice by foreign lawyers. The rule amendments take effect Oct. 1.

    Federal
    SCOTUS 2016 Term: By the numbers
    United States Supreme Court building Bloomberg News: "The U.S. Supreme Court always kicks off a new term on the first Monday in October. This term that's Oct. 3. The high court's 2016 docket isn't filled with the kinds of blockbusters that court watchers have become accustomed to over the last few terms."
    U.S. District Court seeks comment on proposed rule change
    The United States District Court for the District of North Dakota is seeking comments on a proposed local rule change related to implementation of the Court Registry Investment System. Comments are due Oct. 1.
    U.S.: DC appeals court set to hear clean power plan case
    ABC News/AP: "The federal appeals court in Washington is set to hear arguments Tuesday in the legal fight over President Barack Obama's plan to curtail greenhouse gas emissions."

    Minnesota

    South Dakota
    S.D.: Court for defendants with mental illness to be piloted
    S.D. Chief Justice David Gibertson Sioux City Journal/AP: "Supreme Court Chief Justice David Gilbertson is requesting funding for a specialized court that would allow defendants to agree to undergo mental health treatment in exchange for a possible dismissal of charges."

    Montana
    Mont.: High court hears major water rights case in Great Falls
    Great Falls Tribune: "The Montana Supreme heard a major water rights case Friday in Great Falls pitting ranchers against the Bureau of Land Management. The outcome carries statewide implications."

    Other States and Jurisdictions
    Nation: Law profs create 4th Amendment warning signs for lawns
    ABA Journal: "According to the U.S. Supreme Court, authorities lack an 'implied license' to walk a drug-sniffing dog to a homeowner's front door. Though, according to the opinion in Florida v. Jardines, an implied license is presumably given to peddlers and Girl Scouts."

    Job Announcements
    Job Announcement
    A job announcement for State's Attorney of McKenzie County in Watford City has been posted.

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