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Saturday, October 25, 2014
Announcement of Judicial Vacancy
The Judicial Nominating Committee received a letter from Governor Jack Dalrymple convening the committee to screen applicants and submit a list of nominees to fill the judicial positions open as a result of the retirement of Judge Sonja Clapp and the recent death of Judge Karen Braaten. These vacancies are in the Northeast Central Judicial District, designated Judgeships No. 1 and No. 2, with chambers in Grand Forks. Applications are due Nov. 7.
November Term of Court
North Dakota Supreme Court
The November term of court has been posted, including issues and briefs.
Richard D. Farroh 1953-2014
Richard D. Farroh Grand Forks attorney Richard D. Farroh, 61, died Oct. 21. He was a University of North Dakota School of Law graduate and was admitted to the N.D. bar in 1994. Funeral Services will be 2 p.m. Tuesday, Oct. 28 in Wesley United Methodist Church of Grand Forks.
  • Richard D. Farroh Attorney Record
  • U.S. Department of Justice gives Operation Stolen Youth national honors
    KX News: "Two years ago an unknown synthetic substance made its way to North Dakota. Two teens were lost to the substance and three more hospitalized. Now the case is being talked about again, but for much more positive reasons."
    U.S.: Supreme Court becomes night court in October of oddities
    United States Supreme Court building Bloomberg: "It's been a weird month at the U.S. Supreme Court. The oldest justice pulls an all-nighter. Another accidentally stops gay weddings in Nevada. And the court makes its mark on same-sex marriage, abortion and the November election without offering any explanation."
  • Reuters: Millions view talking dogs online spoof of U.S. Supreme Court
  • U.S.: As fewer law grads become lawyers, the profession shows its age
    ABA Journal: "The legal profession is aging as the percentage of younger lawyers continues to shrink in a decades-long trend. In 1980, 36 percent of the nation's licensed lawyers were under age 35, compared to just 13 percent in this age group in 2005."
  • ABA Journal: Law schools dominate list of grad schools with highest-earning alumni
  • Attorney donates $1 million to USD law school
    Orrin Estebo Sioux Fall Argus Leader: "Minnesota attorney Orrin Estebo has donated another $1 million to the University of South Dakota Foundation to support USD's law school. The Redwood Falls attorney and 1971 law school graduate is committed the money to establish the Orrin S. Estebo Law Scholars Fund."
    Michigan Supreme Court rejects motion to reconsider 'juvenile lifers' ruling
    MLIVE News: "The Michigan Supreme Court this week denied a motion to reconsider its July 8 ruling that denied resentencing hearings for inmates serving life sentences without the possibility of parole for crimes they committed as minors."
    Job Announcement
    A job announcement for a Judicial Referee with the District Court in Grand Forks has been posted.

    North Dakota
    Kirsten Dauphinais appointed director of bar passage and academic success
    Professor Kirsten Dauphinais UND News Release: "Professor Kirsten Dauphinais is the new director of bar passage and academic success at the University of North Dakota School of Law. Her appointment to this new role is part of a number of new academic support initiatives at the law school designed to help students succeed in law school, on the bar exam, and in practice."
    Judge Tufte starts work, investiture set for Oct. 31
    Jerod Tufte New Southeast District Judge Jerod Tufte started work Sept. 19. His formal investiture ceremony will be held at 1:30 p.m. on Oct. 31 in the Barnes County Courthouse in Valley City. Tufte was appointed July 11 to fill the vacancy created by Judge John Paulson's retirement.
  • Judge Tufte Biography
  • Appellate practice tip of the week
    Drop the hyperbole!!!
  • Other appellate practice tips
  • Court sets hearing on petition to amend procedural rules, seeks comment
    The North Dakota Supreme Court has issued a Notice of Hearing and Comment on the Joint Procedure's Committee's annual Petition to Amend Court Rules. The committee proposes amendment of N.D.R.Civ.P. 3 and 26; N.D.R.Crim.P. 43; N.D.R.Ct. 10.1 and 11.2; and N.D. Sup. Ct. Admin. R 13, 41, and 52. Comments are due Oct. 30.
    Historic Slope County Courthouse dismantled
    Slope County Courthouse Dickinson Press: "Court is not in session, and there definitely is no order. On Tuesday, 10 men, two excavators and a bulldozer began the final stage of the demolition of the Slope County Courthouse, the historic structure that has come to define the city of Amidon."
  • The August 2014 photos: Rural courthouses see improvements
  • North Dakota Attorney General says more staff needed to fight human trafficking
    N.D. Attorney General Wayne Stenehjem KX News: "North Dakota Attorney General Wayne Stenehjem says there are more human trafficking cases in the state than law enforcement is able to effectively deal with right now. And he says more staff is needed to combat the issue."

    Federal
    Olympian Jim Thorpe's remains should not be moved: U.S. Court
    New York Times/Reuters: "Jim Thorpe's remains will stay in the Pennsylvania hamlet named for the legendary Native American athlete and Olympics champion, after a federal appeals court on Thursday rejected an effort by two sons to move them to tribal lands in his native Oklahoma."
  • Opinion Text: Thorpe v. Borough of Jim Thorpe

  • Minnesota
    Minnesota law enforcement leaders say youth programs can keep juveniles out of trouble
    Minneapolis Star Tribune: "Statewide law enforcement groups in Minnesota say they support community-based youth programs as a way to keep young people out of trouble. A 2012 report from the Minnesota Office of Justice Programs shows that 90 percent of youth involved in intervention programs do not receive tickets, citations or new delinquency charges while receiving programming."
    MN Supreme Court: No jail for rapist was inappropriate
    MPR News: "In a decision a justice calls 'rare', the Minnesota Supreme Court [Oct. 22] overruled a lower court in Crookston that had let a man convicted of rape avoid prison. Jose Soto, with help from another man, raped a woman at a party in East Grand Forks in May 2012 in a sexual assault that lasted for more than two hours."
  • Opinion Text: State v. Soto
  • Minn.: Allegations of child slavery linger for Cargill
    MPR News: "Minnetonka-based Cargill is asking a federal court to overrule a court decision that links the firm to child slavery on cocoa farms overseas. Cargill was among the defendants in a 2010 lawsuit from three men who said they were abducted as children and forced to work on cocoa farms in the Ivory Coast, where much of the cocoa bought by Cargill is produced."
  • Opinion Text: Doe v. Nestle

  • South Dakota

    Montana
    Mont.: Judge to hear plea deal in Oil Patch killing
    ABC News/AP: "A Montana judge will consider a plea agreement Wednesday that calls for a Colorado man to plead guilty to killing a high school teacher and burying her in a shallow grave in the Bakken oil patch. The disappearance of Sherry Arnold when she went out for a jog in January 2012 shook this town of 6,200 near the North Dakota border."
    Gallatin County judge elected president of Montana Judges' Association
    Bozeman Daily Chronicle: "Gallatin County District Judge Mike Salvagni has been elected president of the Montana Judges' Association. Salvagni was elected in a vote at the organization's annual meeting in Miles City on Oct. 8."

    Other States and Jurisdictions
    U.S.: States, privacy advocates battle over phone 'kill switch'
    USA Today: "A handful of states are pursuing legislation to require cellphone manufacturers to equip their devices with 'kill switch' technology that would allow the phone to be remotely shut down and wiped of its information if it is stolen."

    Job Announcements
    Job Announcement
    A job announcement for a Staff Attorney with the Legal Services of North Dakota in Minot has been posted.
    Job Announcement
    A job announcement for two Term Law Clerks with the U.S. District Court in Fargo has been posted.
    Job Announcement
    A job announcement for a Legal Secretary with the McKenzie County State's Attorney in Watford City has been posted.
    Job Announcement
    A job announcement for a Temporary Quality Assurance Specialist with the Office of the State Court Administrator in Bismarck has been posted.
    Job Announcement
    A job announcement for a Public Defender with the ND Commission on Legal Counsel for Indigents in Watford City has been posted.
    Job Announcement
    A job announcement for an Appellate Contractor with the ND Commission on Legal Counsel for Indigents has been posted.
    Job Announcement
    A job announcement for a Clerk of District Court I in Rolla has been posted.
    Job Announcement
    The Department of Human Services has posted a job announcement for an Attorney I at the Devils Lake Regional Child Support Unit.

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