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Saturday, August 29, 2015
Monday at the Court
9:30am State v. Guttormson
10:45am Leno v. N.D. Dep't of Transportation
1:30pm Blume Construction, Inc. v. State
2:45pm Interest of M.R., a Child

10:00am Guardianship Standards Workgroup - Bismarck
Trial court tip
To avoid e-filing errors due to your payment account, make sure to update your credit card information (expiration date, address, etc.) under payment accounts located within the Firm Admin or My Account section of File & Serve.
Court Technology Committee Sept. 11 agenda
The agenda for the Sept. 11 meeting of the Court Technology Committee and the committee's June 19 minutes have been posted.
Judge blocks EPA's 'waters' rule from taking effect Friday
U.S. District Court G.F. Herald: "North Dakota and a dozen other states suing the federal government over a new clean water rule claimed a temporary victory Thursday when a judge blocked it from taking effect Friday, but the U.S. Environmental Protection Agency said the rule will move forward in other states."
Federal funds to help ND in crime fighting
Dickinson Press: "North Dakota's congressional delegation has announced almost $450,000 in federal funds to help the state combat the growing threat of crime and drug trafficking and to support services for victims of violent crimes."
U.S.: Protesters have no free-speech rights on Supreme Court's front porch
Washington Post: "Protesters do not have a First Amendment right to congregate on the grand marble plaza in front of the Supreme Court, only on the sidewalk in front of it, a unanimous federal appeals court panel ruled Friday. A panel of the U.S. Court of Appeals for the D.C. Circuit upheld a law that forbids demonstrations on the grounds of the high court."
  • Opinion Text: Hodge v. Talkin
  • S.D.: Supreme Court upholds 2008 rape conviction
    South Dakota Great Seal KELO News: "The South Dakota Supreme Court has upheld the conviction of a Sioux Falls man convicted of repeatedly molesting a 12-year-old girl. Terry Lee Oleson pleaded guilty to first degree rape in 2008 and was sentenced to 70 years in the State Penitentiary."
  • Opinion Text: Oleson v. Young
  • Colo.: Lawyer is suspended for his response to Internet criticism
    ABA Journal: "A lawyer accused of disclosing confidential information from his clients in response to their Internet criticism has been suspended for 18 months. Lawyer James Underhill will have to show rehabilitation before returning to law practice, according to the order by Colorado's presiding disciplinary judge."

    North Dakota
    Judgeship retained at Bottineau
    The Supreme Court has retained at Bottineau the judgeship being vacated by the retirement of Judge Michael Sturdevant. The position will be filled by appointment.
    New judges at work across state
    New ND Judges Five new district judges have been appointed in North Dakota since the beginning of July and four of them are now at work on the bench. Judge John Grinsteiner, Judge Daniel El-Dweek, Judge Kirsten Sjue and Judge John Thelen have started work and Rhonda Ehlis plans to begin work on Sept. 1.
    New Opinions: Aug. 25
    The Supreme Court posted 16 new opinions on Aug. 25.
    Appellate practice tip of the week
    If the transcript contains errors, a motion to correct the record should be made to the trial court.
  • See N.D.R.App.P. 10.(h)
  • Other appellate practice tips
  • September Term of Court
    Norrh Dakota Supreme Court
    The September term of court (which will actually start Aug. 31) has been posted, including issues and briefs.
  • August cases
  • September cases
  • Pattern Jury Instruction Commission June 17 minutes
    The minutes of the June 17 meeting of the Pattern Jury Instruction Commission have been posted.
    Upper Midwest Drug Court Professionals Conference set for Sept. 30-Oct. 2
    The Upper Midwest Drug Court Conference will be held September 30 - October 2 at the Cambria Conference Center in West Fargo. The conference provides an opportunity for drug court professionals to gather together for networking, training, and team building.
  • Conference Brochure
  • Revised Child Support Guidelines
    Child support guidelines logo Revised Child Support Guidelines are effective Sept. 1. Here are the revised guidelines as adopted, and the revised guidelines in "legislative format" showing additions and deletions:
  • Revised Child Support Guidelines as adopted
  • Revised Child Support Guidelines in legislative format
  • Child Support website
  • 8th Circuit decides N.D. case
    U.S. Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit has affirmed a conviction and sentence in a North Dakota child abuse case.
  • United States v. Thunderhawk

  • Federal
    Federal ban on sports betting upheld by appeals panel
    ABC Fox Montana News/AP: "The federal ban on sports betting in all but four states was upheld Tuesday, dealing a blow to New Jersey's latest effort to expand gambling options to help its struggling casinos and racetracks. But the 2-1 ruling by a panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia left the door open for New Jersey to further appeal the matter to the full court."
  • Opinion Text: NCAA v. Governor of New Jersey
  • U.S.: From the bench, a new look at punishment
    New York Times: "Jessica Otero's request to the judge, made in neat handwriting, was simple: She wanted a second chance. Ten years after being convicted of driving an illegal immigrant across the border, her felony record meant she could not get work in the medical field. 'I have learned from my past mistakes and am headed down a positive path,' Ms. Otero wrote."

    Minnesota
    Convictions upheld for Minnesota women in Somali terror case
    U.S. Court of Appeals for the Eighth Circuit MPR News/AP: "A federal appeals court upheld the convictions and sentences Tuesday for two Minnesota women found guilty of conspiring to funnel money to a terror group in Somalia despite claiming they were collecting funds for the poor."
  • Opinion Text: United States v. Ali
  • Minn.: Drug court housing project begins anew
    St. Peter Herald: "Nicollet County officials continue efforts to develop a housing project designed for drug court participants and families, with renewed hopes of a spring 2016 financing package for state consideration."
    MN Supreme Court upholds photo ID requirement in state's courts
    Minnesota Great Seal MPR News: "If spectators are required to show a photo ID to attend a trial in Minnesota courts, does it violate a defendant's right to a public trial? [On Aug. 26], the Minnesota Supreme Court ruled it doesn't while warning judges to be careful with the practice."
  • Opinion Text: Hennepin County v. Taylor

  • South Dakota

    Montana

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a Temporary Staff Attorney for the North Dakota Court System 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 a University Ombuds with the University of North Dakota in Grand Forks has been posted.
    Job Announcement
    A job announcement for an Electronic Court Recorder with the District Court in Dickinson has been posted.
    Job Announcement
    A job announcement for an Attorney III (Supervising Public Defender) for the Public Defender Office in Williston has been posted.
    Job Announcement
    A job announcement for an Administrative Assistant II for the Public Defender Office in Dickinson has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Grand Forks has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Watford City has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Williston has been posted.
    Job Announcement
    A job announcement for a Judicial Referee with the District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Calendar Control Clerk with the District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney II for Burleigh County in Bismarck has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for an Appellate Contractor with the Commission on Legal Counsel for Indigents has been posted.
    Job Announcement
    A job announcement for a Temporary Hearing Officer (Attorney I) with the N.D. Department of Transportation in western North Dakota has been reposted.

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