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Thursday, December 18, 2014
Tomorrow at the Court
9:30am Personnel Policy Board - Bismarck
New Opinions: Dec. 18
The Supreme Court posted 26 new opinions on Dec. 18.
January Term of Court
North Dakota Supreme Court
The January term of court has been posted, including issues and briefs.
Gov. appoints Hager, Romanick to fill NEC judge vacancies
Donald Hager and Lolita Romanick Governor Jack Dalrymple has appointed Donald Hager, Larimore, and Lolita Romanick, Grand Forks, to fill the Northeast Central Judicial District judgeship vacancies created by the death of Judge Karen Braaten and the retirement of Judge Sonja Clapp.
  • Governor Dalrymple's News Release
  • Lowell Tjon 1925-2014
    Former Ransom County Judge Lowell Tjon, 89, died Dec. 14. He was a UND School of Law graduate and was admitted to the bar in 1948. His funeral will be held at 10:30 a.m., Saturday, Dec. 20, at Trinity Lutheran Church in Lisbon.
  • Lowell O. Tjon lawyer record
  • U.S.: Obama issues 12 pardons, commutes 8 sentences
    MPR News: "President Obama commuted the prison sentences of eight people who were convicted of drug-related crimes Wednesday, in a move that also saw 12 presidential pardons issued, for offenses ranging from theft to running an illegal distillery."
    U.S.: Executions, new death sentences continue to fall
    Associated Press: "Executions and new death sentences dropped to their lowest numbers in decades in 2014, an anti-death penalty group said in a new report. The Death Penalty Information Center, a nonprofit organization that opposes executions and tracks the issue, said 35 inmates were executed this year and 71 have so far been given death sentences."
    U.S.: A steep slide in law school enrollment accelerates
    New York Times: "The bottom of the law school market just keeps on dropping. Enrollment numbers of first-year law students have sunk to levels not seen since 1973, when there were 53 fewer law schools in the United States, according to the figures just released by the American Bar Association."
    The South Dakota death penalty debate
    KELO News: "The debate over the death penalty in South Dakota is heating up again. After considering a full repeal last year, lawmakers are mulling more restrictions this year. South Dakota's death row includes three convicted killers - Charles Rhines, Briley Piper, and Rodney Berget whose warrant of execution was just issued last month."
    Verdict to award fired Minn. college employee damages upheld
    Minnesota Great Seal KSTP News: "A verdict to force a Minnesota college to pay damages to an employee it fired will stay in place. On Wednesday, an appeals court upheld that decision, ordering Globe University to pay almost $400,000 in damages to Heidi Weber."
  • Opinion Text: Weber v. Minn. School of Business
  • MN homeowners win storm damage fight with insurers
    MPR News: "A decision this week by the Minnesota Supreme Court will never make the news but it's significant for anyone in Minnesota with siding that might get damaged in a hailstorm. The court has ruled that an insurance company has to replace all of the siding, not just the damaged portions, in cases where there might be a color mismatch."
  • Opinion Text: Cedar Bluff Townhome v. American Family
  • Job Announcement
    A job announcement for a Clerk of Court for Foster County in Carrington has been posted.

    North Dakota
    Jensen elected presiding judge in NECJD
    Judge Jon Jensen Northeast Central Judicial District Judge Jon Jensen has been elected to serve as the new presiding judge for the NECJD. Jensen will be filling out the remainder of Judge Lawrence Jahnke's term following Jahnke's resignation from the presiding judge position effective Dec. 31. Jahnke will continue to serve as district judge.
    Q.R. Schulte 1916-2014
    Q.R. Schulte Longtime Stanley lawyer and Mountrail County State's Attorney Q.R. Schulte, 98, died Dec. 12. Services will be Saturday at Queen of the Most Holy Rosary Catholic Church, Stanley.
  • Quentin R. Schulte lawyer record
  • Fabian Noack 1930-2014
    Fabian Noack Longtime Carrington lawyer and Foster County State's Attorney Fabian Noack, 84, died Dec. 12. Services are Thursday at 10:30 am at Sacred Heart Catholic Church, Carrington.
  • Fabian E. Noack lawyer record
  • Dalrymple names Chief Justice VandeWalle the 41st Recipient of the Theodore Roosevelt Rough Rider Award
    Chief Justice Gerald VandeWalle News Release: "Gov. Jack Dalrymple today announced he has named Chief Justice Gerald W. VandeWalle the 41st recipient of the North Dakota Theodore Roosevelt Rough Rider Award, the state's highest commendation for its citizens. Justice VandeWalle has served on the North Dakota Supreme Court for more than 36 years and was recently re-elected to his fourth 10-year term."
  • G.F. Herald: Governor names chief justice Rough Rider Award winner
  • Chief Justice VandeWalle Biography
  • Theodore Roosevelt Rough Rider Award Website
  • Appellate practice tip of the week
    Don't type the Statement of Issues in all capital letters. Sentences in all capital letters are hard to read. Use normal sentence capitalization.
  • Other appellate practice tips
  • Personnel Policy Board Dec. 19 agenda
    The agenda for the Dec. 19 meeting of the Personnel Policy Board and the board's minutes from Oct. 3 and Oct. 23 have been posted.
    LSND releases Winter 2014 newsletter
    Legal Services of North Dakota has released the Winter 2014 edition of its newsletter, the Legal Services Sentinel.
    Administrator sets 2015 judgment interest rate
    The North Dakota State Court Administrator has set the judgment interest rate for 2015 at 6.50 percent. The administrator is required by law to annually determine the judgment interest rate prior to Dec. 20. The rate will be applied to all judgments entered in 2015.
    Lawyer licenses expire Dec. 31
    The State Board of Law Examiners reminds lawyers that 2014 licenses to practice law in North Dakota expire Dec. 31, 2014, regardless of when the 2014 license fee was paid. Lawyers should watch their mail for the 2015 billing in the coming weeks and promptly pay the fee. All license fees are due on or before Jan. 1, 2015.
    Pro hac vice fee payment reminder
    Under Rule 3, Admission to Practice rules, if you continue to appear in 2015 in a North Dakota proceeding for which you have filed a motion for pro hac vice admission, you are required to pay a fee of $380 by January 1, 2015, payable to the Board of Law Examiners.
    Judge Kermit Bye to assume senior status on appeals court
    Judge Kermit Bye Fargo Forum: "Judge Kermit Bye has served notice that he will assume senior status on the 8th U.S. Circuit Court of Appeals early next year. Bye, who was appointed to the federal appeals court in 2000 by President Clinton, said Tuesday that, at age 77, he wants to reduce his caseload but continue to hear cases."
    Hundreds of Santas run around the Capitol
    Judge David Reich KXMB News: "[On Dec. 13] the Bismarck Capitol Grounds were filled with Santas. All of these people came together to run for a good cause. This 5K was put on by the Runners Against Destructive Decisions as a way to raise awareness about addiction issues. Judge David Reich started the program awhile back and says this is the first Santa Run they have ever had."
  • Santa Run Website
  • City officials name new Grand Forks police chief
    G.F. Herald: "Capt. Mark Nelson was named the new police chief for the city of Grand Forks on Monday. Nelson, 50, has worked at the Grand Forks Police Department for 26 years. He was chosen from four finalists to replace former Chief John Packett, who retired March 1."
    North Dakota prison chief wants counties to share in lockup costs once quota is reached
    Franklin Daily Journal/AP: "A proposal by North Dakota's top prison administrator to have counties share in state penitentiary costs if a quota is exceeded is meeting opposition from local officials, law enforcement, judges and prosecutors. Leann Bertsch, director of the state Department of Corrections and Rehabilitation, will ask the Legislature when it meets next month to set a county-by-county allocation at state prison facilities."
    Dakotas tribes react to fed marijuana decision
    U.S. Dept. of Justice seal Mitchell Daily Republic: "Native Americans in the Dakotas appeared skeptical Friday of growing and selling marijuana in Indian Country, citing concerns over health and public safety on reservations that outweighed a potential financial windfall for tribes."

    Federal
    U.S. Supreme Court opinions: Dec. 15
    The United States Supreme Court has issued opinions in a case involving the standards for removal of a state case to federal court and in a Fourth Amendment case on the whether a search stemming from a mistake of law was reasonable.
  • Dart Cherokee Basin Operating Co. v. Owens
  • Heien v. North Carolina
  • U.S.: High court's ideological opposites show mutual affection
    United States Supreme Court building USA Today: "The Supreme Court's most senior and junior justices are ideological opposites, but they agreed on nearly everything here Monday - including the benefits of having an elite cadre of lawyers who dominate the court's docket."
    Senate may confirm up to 88 federal judges in '14
    Associated Press: "No longer impeded by Republican blocking tactics, Democrats are on track to win confirmation of up to 88 of President Barack Obama's top judicial nominations this year, a total that would be the highest for any president in two decades."
    U.S.: Justice Breyer, symposium explore legacies of Magna Carta
    Justice Stephen Breyer Library of Congress: "The legacy of Magna Carta, U.S. Supreme Court Associate Justice Stephen G. Breyer said, sometimes can be seen in the things that don't happen. The court's decision in Bush v. Gore, 531 U.S. 98 (2000), brought an end to the contested presidential election of 2000, and in the aftermath, Breyer noted, there were no riots, no acts of violence, no guns, no deaths."

    Minnesota
    Minn. panel: Lawmakers must end law that hobbles child abuse inquires
    MPR News: "A state task force wants the Legislature to quickly repeal a recent law that forbids child protection workers from considering previously-rejected abuse reports when deciding whether to investigate a new allegation."
    Man's release is latest test for Minn. sex offender program
    MPR News: "A rapist held indefinitely in the Minnesota Sex Offender Program will begin living in a Le Center, Minnesota, supervised group home on Monday. Robert Jeno's conditional release is rare for a program that holds more than 700 men after they've served their sentences for sexual offenses."

    South Dakota
    South Dakota officers working with tribal police
    Rapid City Journal/AP: "Law enforcement in South Dakota say the problem of Indians fleeing to tribal land after committing a crime on state land to avoid being arrested is common. State and tribal officers also say Indians will flee to state land after committing crimes on tribal land to avoid getting caught."
    Juvenile justice reform sought by South Dakota's lieutenant governor
    Aberdeen News: "Recalling mischievous incidents from his childhood, Lt. Gov. Matthew Michels said he wants South Dakota to start looking at alternative punishments for nonviolent offenders, especially juveniles with substance abuse or home issues."
    S.D.: Daugaard to push for more drug courts in session
    South Dakota Great Seal Rapid City Journal/AP: "Gov. Dennis Daugaard will push lawmakers to fund two new drug courts and a new DUI court in the upcoming legislative session. Daugaard wants $600,000 in state aid to increase the number of specialty courts to 13 and switch funding for one from federal to state."

    Montana
    Montana Supreme Court will hear Barry Beach case in February
    Montana State Seal KRTV News: "The next stop for Montana State Prison inmate Barry Beach in his quest to be released is a hearing before the Montana Supreme Court. The court will hear arguments on February 4th about whether Beach should be re-sentenced because he was 17 at the time of the murder of Kimberly Nees of Poplar."
    Mont.: Butte's DUI Court emphasizes treatment, supervision
    KXLF News: "Butte's DUI Court program has been in session for four years this month. It was first started in 2010 to target repeat and high-risk DUI offenders with an emphasis on treatment and supervision.'There are some people, that with a little bit of punishment are going to stop, they're not going to do it again,' said Deputy County Attorney Mike Clague, who works on the DUI Court."
    Man sentenced in the killing of Montana teacher
    Dickinson Press/AP: "While announcing the sentencing of Lester Waters Jr. just before noon Monday, District Judge Richard A. Simonton said that while the sentence is lengthy, he was not sure whether justice has been served. 'Mr. Waters you are losing your freedom. Sherry Arnold lost her life,' Simonton said."

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a Law Clerk with the District Court in Minot 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 a Contract Attorney with the Commission on Legal Counsel for Indigents in Watford City has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney with the Ward County State's Attorney Office in Minot has been posted.
    Job Announcement
    A job announcement for a Victim/Witness Coordinator with the McKenzie County State's Attorney's Office in Watford City has been posted.
    Job Announcement
    A job announcement for a full-time State's Attorney for Pembina County in Cavalier has been posted.

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