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Wednesday, December 11, 2013
Today at the Court
9:00am MKB Management Corp v. Burdick
10:15am Estates of Vizenor and Vizenor v. Mesling
1:30pm Hector v. City of Fargo
2:45pm Entzel v. Moritz Sport and Marine
Top News
Judgeship retained at Fargo
The Supreme Court has retained at Fargo the judgeship being vacated because of the appointment of Judge Lisa Fair McEvers to the Supreme Court.
New Opinions: Dec. 10
The Supreme Court posted two new opinions on Dec. 10.
Court adopts amendments to Rules of Court 3.1 and 8.4
The North Dakota Supreme Court has adopted amendments to N.D.R.Ct. 3.1 (Pleadings) and 8.4 (Summons in Action for Divorce, Separation or to Determine Parental Rights and Responsibilities). The amendments take effect March 1, 2014.
U.S. Supreme Court Dec. 10 arguments
United States Supreme Court building Tuesday, the United States Supreme Court will hear arguments in a Clean Air Act case and in an immigration case involving a child's eligbility for a visa.
  • EPA v. EME Homer City Generation
  • Mayorkas v. Cuellar de Osorio
    • U.S. Supreme Court Dec. 11 arguments
    Wednesday, the United States Supreme Court will hear arguments in a death penalty habeas corpus case and in an international child abduction case.
  • White v. Woodall
  • Lozano v. Alvarez
    • Court Technology Committee Dec. 13 agenda
    The agenda for the Dec. 13 meeting of the Court Technology Committee, and the committee's Oct. 11 minutes, have been posted.
    Federal committee holds first hearing on tribal youth exposure to violence
    Bismarck Tribune: "Chase Ironeyes told members of a federal committee he was exposed to violence as a child, then perpetuated that violence as an adolescent along with other children growing up on the Standing Rock reservation."
  • G.F. Herald: Panel hears testimony about native children exposed to violence
    • Legal Services of North Dakota releases Winter 2013 newsletter
    The Winter 2013 edition of the Legal Services of North Dakota newsletter, the Legal Services Sentinel, has been released.
    U.S.: High court weighs air safety vs. pilot's reputation
    New York Times: "The Supreme Court on Monday tried to find the right balance between air safety and a pilots reputation, with several justices taking an unusually active role in framing the issues to be decided by the court."
    U.S.: 25 years later, PACER, electronic filing continue to change courts
    U.S. District Court for N.D. Office of U.S. Courts: "Twenty-five years ago, computers were hurtling America into the Information Age. From 1987 to 1989, the nation's PC sales tripled, as consumers gained unprecedented power to process words, crunch numbers and print documents at home."
    SD Attorney General's annual Pie Day is Saturday
    KELO News/AP: "South Dakota Attorney General Marty Jackley is hosting the 16th annual Pie Day in the state Capitol in Pierre on Saturday. The annual event includes free pie, cookies, coffee and ice cream."
    Two Minnesota Courts of Appeals judges to retire this spring
    MinnPost: "Gov. Mark Dayton said Monday that he will appoint successors to Minnesota Court of Appeals Judges Thomas J. Kalitowski and Terri J. Stoneburne, who plan to retire in April. The Commission on Judicial Selection will review applications and make recommendations to Dayton."
    Minn.: Pre-Miranda questioning inadmissible in terror case
    Courthouse News Service: "An FBI agent's pre-Miranda questioning of a militia member about guns during an investigation of the planned bombing of several targets in Minnesota is not admissible at trial, a federal judge ruled."
    Minn.: Little Falls man's attorney asks appeals court for murder case review
    St. Cloud Times: "The lawyer representing a Little Falls-area man accused of killing two teenagers who broke into his house on Thanksgiving Day 2012 is asking the state Court of Appeals to get involved in the murder case against his client."
    North Dakota
    McEvers investiture set for Jan. 17
    Judge Lisa Fair McEvers A formal investiture ceremony to install Judge Lisa Fair McEvers as Justice of the North Dakota Supreme Court will be held Friday, Jan. 17, in the House Chambers at the State Capitol. On Nov. 18, Gov. Jack Dalrymple appointed McEvers to fill the Supreme Court vacancy that will be created by the Dec. 31 retirement of Justice Mary Muehlen Maring.
    Jensen investiture to be held Jan. 6
    Jon Jensen A formal investiture ceremony for new Northeast Central Judicial District Judge Jon Jensen has been scheduled for 1:30 p.m. on Jan. 6 in Grand Forks. Jensen will begin his judicial work on Dec. 16. Governor Jack Dalrymple appointed Jensen on Nov. 7 to fill the judicial vacancy created by the retirement of Judge Joel Medd.
    UND law expert to participate in task force to examine impact of violence on Native children
    Michelle Rivard Parks Indian Country Today: "Michelle Rivard-Parks, Assistant Director of the Tribal Judicial Institute at the University of North Dakota's School of Law, is scheduled to serve as an expert witness in the first of a series public hearings of a new task force examining the impact of exposure to violence on American Indian and Alaska Native children."
  • Danbury News Times/AP: No. 3 Justice Department official to visit Dakotas
  • MPR: American Indian child abuse task force hearings today
    • Lawyer licenses expire Dec. 31
    The State Board of Law Examiners reminds lawyers that 2013 licenses to practice law in North Dakota expire Dec. 31 regardless of when the 2013 license fee was paid. Lawyers should watch their mail for the 2014 billing and promptly pay the fee. All license fees are due on or before Jan. 1, 2014.
    Pro hac vice fee payment reminder
    Under Rule 3 of the Admission to Practice rules, lawyers who continue to appear in 2014 in a North Dakota state proceeding for which a motion for pro hac vice admission has been filed are required to pay a fee of $380 by Jan. 1, 2014.
    Court issues revised orders on judicial redistricting
    The North Dakota Supreme Court has revised its orders on judicial redistricting to designate the new judicial district containing the counties of Burke, Mountrail and Ward as the North Central Judicial District. It has also ordered the renumbering of judgeships consistent with the redistricting.
  • Order on Judicial Redistricting
  • Order on Amendments to N.D. Sup. Ct. Admin. R. 6 and 6.1
  • Order on Amendments to N.D. Sup. Ct. Admin. R. 7
    • Court adopts post-judgment mediation rule, family mediation rule
    The North Dakota Supreme Court has adopted N.D.R.App.P. 5 on post-judgment mediation and N.D.R.Ct. 8.1 on the family mediation program. The Court also adopted an appendix of forms and supplements to support the family mediation rule. The rules take effect Jan. 1.
  • Order on Post-Judgment Mediation Rule
  • Order on Family Mediation Program Rule
    • Federal
    U.S.: Appeals court hearings now going live and online
    CNN: "The nine Supreme Court justices might be camera-shy, but a key federal appeals court is using its own technology to open up its most important proceedings to Internet viewers. The 9th Circuit U.S. Court of Appeals, based in San Francisco, has announced it will provide live streaming video for some of its oral arguments beginning Monday."
    U.S.: Supreme Court weighs issue of cross-state air pollution
    USA Today: "Inside an unmarked trailer at the end of an unmarked dirt road about 15 miles north of the nation's capital, a high-tech radar monitor beeps every 10 minutes in an effort to find out who is polluting Maryland's air."
    Minnesota
    South Dakota
    Montana
    Other States and Jurisdictions
    Texas Supreme Court to mull underground trespassing
    Texas Tribune: "A case involving the disposal of industrial wastewater pits two interests that are dear to many Texans against each other: oil and gas resources versus private property rights."
    Jobs
    Job Announcement
    A job announcement for a contract attorney with the Commission on Legal Counsel for Indigents in Bismarck has been posted .
    Job Announcement
    A job announcement for an Assistant States Attorney for Ward County in Minot has been posted .

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