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| Committee taking applications for judge vacancy | |
| The Judicial Nominating Committee is taking preliminary steps to fill the judgeship that will be vacated by Judge Allan Schmalenberger. Schmalenberger, who serves in the Southwest Judicial District, is retiring effective July 31, 2009. | |
| 8th Circuit issues opinions in N.D. cases | |
The United States Court of Appeals for the Eighth Circuit has affirmed a summary judgment in a North Dakota prisoner civil rights case and affirmed the decision of the Bankruptcy Appellate Panel in a North Dakota bankruptcy.
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| N.D. Attorney General Opinion: July 2 | |
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North Dakota Attorney General Wayne Stenehjem has issued an opinion that the Mandan City Commission's Firework Committee did not violate the open meetings laws because its meeting notices were properly posted and filed.
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| Fargo traffic fines settlement gets initial OK | |
| Fargo Forum/AP: "A judge has given preliminary approval to a settlement of a class action lawsuit filed over Fargo's traffic fines. Under the proposal, the city would pay out a maximum of $1.5 million to about 53,000 drivers." | |
| U.S.: Families visit prison from comfort of their homes | |
| Williston Herald/AP: "Almost every Saturday at 9:30 a.m. Candace McCann, inmate No. 188342, sits down for a scheduled video conference with her daughter. Seven-year-old Kashmir appears from McCann's aunt's home, three hours away." | |
| Court: Wisconsin DNR to get disputed deer head | |
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St. Paul Pioneer Press/AP: "A Racine man must give a deer head he took from a roadside carcass to wildlife officials, a state appeals court ruled Wednesday."
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| Roberts's firefighter win caps unpredictable Supreme Court term | |
| Bloomberg News: "The Connecticut firefighter case resolved by the U.S. Supreme Court this week showed the power of the court's conservative wing to reshape the law. The rest of the nine-month term underscored the limits of that power." | |
| N.Y.: Finding debt a bigger hurdle than bar exam | |
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New York Times: "All his life, Robert Bowman wanted to be a lawyer. He overcame a troubled childhood, a tragic accident that nearly cost him a leg and a debilitating Jet Ski collision. He put himself through community college, worked and borrowed
heavily to help pay for college, graduate school and even law school."
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| N.D. Attorney General Opinions: July 1 | |
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North Dakota Attorney General Wayne Stenehjem has issued an opinion that a 911 surcharge fee may be used to buy an emergency communication system, an opinion that the Mandan Park Board did not violate the open meetings laws while negotiating to buy
a water park, and an opinion that school board members whose terms have expired may hold over in office until their successors are elected and qualified.
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| Prison of the future | |
| Bismarck Tribune: "Work is already under way to start the $64 million expansion of the State Penitentiary in Bismarck. While construction on the prison expansion will not start until next year, Department of Corrections and Rehabilitation officials have already begun their search for architects to work on the project, said Leann K. Bertsch, director of the DOCR." | |
| Mont.: Appeals court rejects lawsuit over Camp Salvage timber sale | |
| Helena Independent Record/AP: "A federal appeals court has dismissed a lawsuit that challenged a timber sale on the Lolo National Forest, an element of the Healthy Forests Initiative established by the Bush administration." | |
| Minn.: Duluth con artist gets new trial for check forgery | |
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St. Paul Pioneer Press/AP: "A Duluth man with a long criminal record as a con artist will get a new trial for check forgery. The Minnesota Court of Appeals ruled Tuesday that Ramsey County District Judge Salvador Rosas violated Gale Rachuy's Sixth
Amendment right to counsel when he disqualified Rachuy's attorney."
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| U.S.: Supreme Court signals important decisions ahead in politics, civil rights | |
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Minneapolis Star Tribune/AP: "The Supreme Court will have a new look - and perhaps a new member - but the same right-of-center tilt when the justices return in late summer to deal with unfinished business about money in campaigns."
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| U.S.: Job-test ruling cheers employers | |
| Wall Street Journal: "The Supreme Court's landmark employment-discrimination ruling Monday may create uncertainty about when and what kinds of tests employers can give applicants for jobs or promotions, say corporate executives and lawyers." | |
| New Opinion posted June 30 | |
| The Supreme Court posted a new opinion on June 30. | |
| Minn.: State Supreme Court rules for Franken, 5-0 | |
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Minneapolis Star Tribune: "The Minnesota Supreme Court ruled [Tuesday] that Democrat Al Franken won the U.S. Senate election and said he was entitled to an election certificate that would lead to him being seated in the Senate."
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| Ronald L. Hilden 1945-2009 | |
Retired Judge Ronald L. Hilden died June 29, in the Black Hills. He was 64. He served as Stark County Judge for ten years and a Judge of the Southwest Judicial District from 1994-2006. A memorial service will be held July 2 at the Golden Hills
Resort and Conference Center in Sturgis, S.D.
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| Rule amendments take effect July 1 | |
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Amendments to N.D.Sup.Ct.Admin.R. 20, on magistrates, 24.1, on IOLTA grant criteria, and 24.2, on IOLTA grant applications, take effect July 1.
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| U.S.: Justices rule in firefighters bias case, bid farewell to Souter | |
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Law.com: "In a dramatic ending before it recessed for the summer, the U.S. Supreme Court on Monday ruled, 5-4, that the city of New Haven, Conn., violated the civil rights of white and Hispanic firefighters when it tossed out the results of a
promotion exam after no African-Americans had passed it."
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| U.S.: Courts face new challenges in faith healing cases | |
| Williston Herald/AP: "Most states have child abuse laws allowing some religious exemptions for parents who shun medicine for their sick children, but a few recent cases highlight thorny legal issues for parents following less-recognized faiths." | |
| S.D.: Open records law takes effect Wednesday | |
| Pierre Capital Journal/AP: "State law changes Wednesday to presume that government documents are open in South Dakota unless there's a good reason to keep them secret." | |
| Mont.: Judge rules on case - 24 years later | |
| Great Falls Tribune/AP: "Former Toole County District Judge Ronald McPhillips has issued a 12-page ruling in a civil lawsuit that has been left hanging for nearly a quarter-century." | |
| Appellate practice tip of the week | |
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Don't ask, "May I briefly conclude?"
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| Supreme Court adopts amendments to lawyer-trust-account rule | |
| The Supreme Court has amended the N.D. Rules of Professional Conduct so as to require reporting of insufficient-fund instruments drawn on a lawyer trust account. The rule change is effective Aug. 1. | |
| Supreme Court amends rule to restrict lawyers from serving in dual capacities | |
| The Supreme Court has amended the N.D. Rules of Professional Conduct to prohibit a lawyer serving as a fiduciary of an estate, trust, or conservatorship (and the lawyer's firm) from serving as legal counsel for the fiduciary, in most cases. The rule change is effective Aug. 1. | |
| Upper Midwest Drug Court Professionals Conference - Oct. 14-16 | |
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"Changing the Face of the Future" - This conference provides an opportunity for drug court professionals in the state and region to gather together for networking, training, and team building. The conference has sessions for judges, defense counsel,
prosecutors, law enforcement, probation, treatment providers, educators, social workers, and managers of drug courts. Well-known national speakers along with local presenters will provide presentations on drug court issues and roles. Mark your
calendar and send in your registration soon!
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| Job Announcement | |
| A job announcement for Supreme Court Law Clerks for 2010-2011 has been posted. There are five openings. | |
| Job Announcement | |
| A job announcement for a law clerk for the Northwest Judicial District in Minot has been posted. | |
| Job Announcement | |
| A job announcement for a court reporter for district court in Minot has been posted. | |
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Supreme Court - Judicial Wing, First Floor - State Capitol - Bismarck, ND 58505-0530 701-328-2221 - Fax 701-328-4480 - TTY 800-366-6888 - http://www.ndcourts.gov/ Map to State Capitol - E-mail for Information |