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| Friday, January
27, 2012 |
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Minn.: Under fire, prosecutors want protection
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Minneapolis Star Tribune: "Still recovering from a gunman's attempt on his life, Assistant Cook County Attorney Tim Scannell joined his colleagues Thursday in petitioning the Legislature for better protection for prosecutors."
WDAY: New Minnesota bill aims to protect prosecutors
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Former Minnesota Supreme Court Chief Justice Robert Sheran dies at 96
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St. Paul Pioneer Press: "Former Minnesota Supreme Court Chief Justice Robert Sheran, who served on the court from 1963 to 1970 and 1973 to 1981, died Wednesday evening at his home in Bloomington, his daughter Kathleen Sheran said. He was 96."
Mankato Free Press: Former Mankato lawyer, Minnesota Supreme Court Chief Justice has died
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U.S.: Clarence Thomas honored at Holy Cross
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Worcester Telegram: "Decades before Supreme Court Justice Clarence Thomas was part of the highest court in the country, he was a seminary dropout from Savannah, Ga., with few options."
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U.S.: Civil rights law on Supreme Court's mind
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Reuters: " A recent decision by the U.S. Supreme Court that dealt with a narrow issue in a redistricting case from Texas suggests that the nation's top court is ready to reconsider a key part of the Voting Rights Act, a major piece of civil rights
legislation."
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U.S. prison dilemma: surging numbers of older inmates
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Rapid City Journal/AP: "In corrections systems nationwide, officials are grappling with decisions about geriatric units, hospices and medical parole as elderly inmates--with their high rates of illness and infirmity--make up an ever increasing share
of the prison population."
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NY court: Judge can't block $18B Chevron judgment
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Associated Press: "A judge overstepped his authority when he tried to ban enforcement around the world of an $18 billion judgment against Chevron Inc. for environmental damage in Ecuador, a federal appeals court said Thursday."
Opinion Text: Chevron v. Naranjo
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North Dakota county sheriff lands national honor
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Williston Herald/AP: "Cass County Sheriff Paul Laney has landed a national honor. The National Sheriff's Association has named Laney its sheriff of the year."
WDAY News: Laney named National Sheriff of the Year
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Minn. court: DNA search is not an invasion of privacy
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Minnesota Public Radio: "The Minnesota Supreme Court has ruled that requiring people convicted of a crime to submit a DNA sample does not violate a constitutional right against an unreasonable search."
Opinion Text: State v. Johnson
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S.D.: Drug Court in SF celebrates 1 year anniversary
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KDLT News: "Instead of going straight to prison, some drug offenders in Minnehaha County are getting a second chance."
KELO News: `Drug Court' celebrates one year in Sioux Falls
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Mont.: Court rules that juveniles can be required to register as sex offenders
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Columbus Republic/AP: "A federal appeals court ruled Wednesday that juveniles whose identities otherwise would be protected can be required to publicly register as sex offenders."
Opinion Text: United States v. Juvenile Male
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Mich.: For a veteran, disability payment is long in coming
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New York Times: "The year Leroy MacKlem lost his veterans disability compensation for a bad hip, gasoline cost 27 cents a gallon, a Yankee shortstop named Rizzuto was the American League's most valuable player and President Harry S. Truman ordered
production of the hydrogen bomb. It was 1950."
Opinion Text: MacKlem v. Shinseki
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U.S.: Legality of mobile phone tracking still unclear despite GPS decision
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Wired: "The Supreme Court's blockbuster GPS decision Monday afforded American's new constitutional privacy protections against warrantless government tracking. But the justices stopped short of clearly spelling out how wide those rights actually are
- or when exactly a warrant would be needed."
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New Opinion: Jan. 24
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The Supreme Court posted a new opinion on Jan. 24.
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Disciplinary Board elects officers, reviews formal hearing process
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The Disciplinary Board of the Supreme Court has selected attorney Daniel M. Traynor, Devils Lake, as Chair of the Board for 2012. Bismarck attorney Rebecca S. Thiem was elected Vice-Chair. The Board also selected dates when formal hearing panels
will be scheduled in 2012.
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Legal Services of North Dakota cuts hours, funding but not staff
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Minot Daily News: "Budget cuts to a North Dakota legal agency are significantly impacting services available to some Minot area residents, according to the agency's director. Due to congressional action during November 2011, Legal Services of North
Dakota received a $140,000 cut in its funding."
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S.D. House revives, passes bill to increase search fees for circuit court records
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Aberdeen American News/AP: "The South Dakota House on Tuesday resurrected and passed a measure that would increase search fees charged to people who want to see circuit court records."
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Minn.: Shoreview man wins benefits fight, months after his death
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Minneapolis Star Tribune: "Of the 31,000 judicial decisions involving state unemployment cases last year, 354 were taken to the Appeals Court. Of those, only seven were reversed."
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Mont.: Appeals court denies sulfur plant review of pollution regulations
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Billings Gazette: "The Environmental Protection Agency's actions to develop a plan to control sulfur dioxide pollution in the Yellowstone Valley were reasonable, an appellate court has ruled."
Opinion Text: Montana Sulpher v. EPA
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Court adopts amendments to judge disqualification rule
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The North Dakota Supreme Court has adopted amendments to N.D.Sup.Ct.Admin.R. 17 on judge self-disqualification procedure. The amendments take effect March 1.
Amendments as Adopted
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N.D.'s Tony Clark nominated for federal utility regulatory board
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Bismarck Tribune/AP: "President Barack Obama on Monday nominated North Dakota Public Service Commissioner Tony Clark for an opening on a federal regulatory board that oversees natural gas pipelines, electric transmission lines and the reliability of
the nation's power grid."
White House Statement
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Judge rules federal law trumps Montana's medical marijuana act
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Great Fall Tribune: "A judge has ruled that Montana's medical marijuana law doesn't shield providers of the drug from federal prosecution, delivering a new blow to an industry reeling from a state and federal crackdown."
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Mont.: AG wants stay denied for corporate spending law
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Helena Independent Record: "The state attorney general's office asked the Montana Supreme Court Monday to maintain the state's century-old prohibition on corporations making independent political expenditures until the U.S. Supreme Court reviews its
recent decision."
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S.D.: Court record fees will remain the same
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Rapid City Journal: "A bill to increase the fee to access court records was rejected Monday in the South Dakota House of Representatives. HB 1058 would have increased the fee for a court records search from $15 to $25."
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Minn. court: Jury should decide on defamation claims by Duluth doctor
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Duluth News Tribune: "A jury should decide if six statements a Duluth man posted on rate-your-doctor websites and distributed elsewhere about a Duluth neurologist's bedside manner were defamatory."
Opinion Text: McKee v. Laurion
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Kan.: Nation's oldest federal judge dies at age 104
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Associated Press: "U.S. District Judge Wesley Brown, the nation's oldest sitting federal judge in history, has died at age 104."
Wichita Eagle: Federal judge Wesley Brown dies at age 104 in Wichita
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February Term of Court
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The February term of court has been posted, including issues and briefs.
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Job Announcement
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A job announcement for Assistant Dean for Student Life at the University of North Dakota School of Law has been posted.
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Not Licensed to Practice Law
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The State Board of Law Examiners reports that a license to practice law for calendar year 2012 has not been issued to a number of attorneys who were licensed for calendar year 2011. The online list is being updated hourly.
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Court seeks comment on proposed ADR rule amendments
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The North Dakota Supreme Court is seeking comments on a proposed new N.D. Rule of Appellate Procedure 5 and a new Appellate Mediation Protocol and proposed amendments to N.D. Rule of Court 8.9. Comments are due March 1.
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Court adopts amendments to procedural rules
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The North Dakota Supreme Court has adopted amendments to the North Dakota Rules of Civil Procedure, Appellate Procedure, Criminal Procedure, Court, and the Supreme Court Administrative Rules and Orders.
The amendments take effect March 1, 2012, except for amendments to N.D.R.Civ.P. 65 on injunctions, which take effect July 1, 2012.
Order of Adoption
Synopsis of Amendments as Adopted
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Court adopts amendments to lawyer discipline rule
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The North Dakota Supreme Court has adopted amendments to N.D.R. Lawyer Discipl. 3.1. The amendments take effect March 1.
N.D.R. Lawyer Discipl. 3.1 as amended
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Job Announcement
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A job announcement for a District Court law clerk in Minot has been posted.
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Job Announcement
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A job announcement for a Hearing Officer I with the North Dakota Department of Transportation has been posted.
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