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Tuesday, August 23, 2016
New Opinion: Aug. 22
The Supreme Court posted a new opinion on Aug. 22.
Appellate practice tip of the week
Make sure you are appealing something appealable. Not every order or ruling that may be reviewed on appeal is itself appealable.
  • Other appellate practice tips
  • Bye to retire from federal appeals court
    Judge Kermit Bye KFGO News: "A federal appeals court judge from Fargo is retiring. Judge Kermit Bye says his retirement is effective September 1st. Bye served on the 8th Circuit Court of Appeals for 16 years and maintained his chambers in Fargo."
  • Judge Kermit Bye Biography
  • Judgeship retained at Grand Forks
    The Supreme Court has ordered the judgeship vacated by the resignation of Judge Debbie Kleven in the Northeast Central Judicial District retained at Grand Forks. The vacancy will be filled by appointment.
  • Northeast Central Judicial District
  • 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.
    Minnesota will not appeal North Dakota coal power suit
    Bismarck Tribune: "Minnesota will not appeal a federal court ruling that called unconstitutional a law restricting importing electricity from coal-fired electric generating plants. North Dakota filed the suit against the Minnesota Next Generation Energy Act and won in a federal district court."
    U.S.: The summer of Sandra Day O'Connor, then and now
    Sandra Day O'Connor CNN: "She always insisted it was luck that led to her appointment as the first woman on the US Supreme Court. But Sandra Day O'Connor was ready for her luck. She demonstrated that 35 years ago this summer when Reagan administration lawyers flew to Arizona to interview her as one of several candidates for a court vacancy."
    Cars parked in driveway are public safety hazard, MN court says
    Minnesota Great Seal MPR News: "A Minnesota law requiring collector cars to be 'screened' from public view has survived a challenge from a Cleveland Avenue, St. Paul man who buried two of them under tarps."
  • Opinion Text: Appeal of John Krenik

  • North Dakota
    Indigent counsel commission welcomes new deputy director
    Travis Finck The N.D. Commission on Legal Counsel for Indigents has a new Deputy Director, Travis Finck. Finck is a lifelong North Dakotan. He has most recently headed the commission's Bismarck office.
  • Travis Finck Attorney Record
  • September Term of Court
    North Dakota Supreme Court
    The September term of court has been posted, including issues and briefs.
    Court seeks comment on proposed amendments to lawyer discipline rules
    The Supreme Court has issued a Notice of Comment seeking feedback on proposed changes to the Rules for Lawyer Discipline. Among the proposals are amendments to Rule 2.4 to create one statewide inquiry committee and to Rule 6.3 to clarify what work a lawyer can do while suspended from the practice of law. Comments are due Sept. 2.

    Federal
    U.S. Justice Department to end use of private prisons
    NBC Montana News: "The U.S. Department of Justice plans to stop using private prisons. They are not as safe or as well run as government correctional facilities, the Justice Department concluded after an extensive review process."

    Minnesota

    South Dakota

    Montana
    Mont.: Court rejects challenge to biomedical research ballot measure
    Montana State Seal Montana State Bar: "The Montana Supreme Court on Thursday denied a petition to declare unconstitutional an initiative on the November ballot to fund biomedical research. Initiative 181 would enact the Montana Biomedical Research Authority Act."

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for an Assistant State's Attorney for Williams County in Williston has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Morton County in Mandan has been posted.
    Job Announcement
    A job announcement for a Case Administrator with the U.S. District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Law Clerk with the U.S. District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Stutsman County in Jamestown has been posted.
    Job Announcement
    A job announcement for a Contract Attorney for the Commission on Legal Counsel for Indigents in Stutsman County has been posted.

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