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Friday, April 28, 2017
Monday at the Court
9:30am State v. Cox
10:45am State v. Hedstrom
Waived Buresh v. State
New Opinions: April 25
The Supreme Court posted 25 new opinions on April 25.
A case for education: UND School of Law mulls tuition hikes in light of budget cuts
Grand Forks Herald: " Gerald VandeWalle, chief justice of the North Dakota Supreme Court, says there aren't many attorneys left in the field from his graduating law class at UND. "I was 1958," said the 83-year-old judge. "There are still two of us licensed in the state, I believe.""
South Dakota: First Time In History, Majority Of Women On SD Supreme Court
SDPB.org: "The South Dakota Supreme Court had a majority of female justices for one case on Tuesday, April 25."
National: Public Employees, Private Speech: 1st Amendment doesn't always protect government workers
ABA Journal: "High-profile controversies over police shootings, questionable promotions, racial profiling, attacks on law enforcement and race-based incidents have led to an increase in public employees being disciplined for publicly posting commentary deemed offensive or incendiary."
Justice Kapsner announces resignation
Justice Carol Kapsner Justice Carol Kapsner has announced her resignation effective July 31. She was appointed to the Supreme Court in October 1998 by Governor Edward T. Schafer after a long career in private practice. She is a University of Colorado School of Law graduate.
  • Gov. Burgum's News Release
  • Justice Kapsner Biography
  • NEJD Judge Geiger to retire
    Judge Richard Geiger District Judge Richard Geiger has announced his retirement effective October 1. He was elected judge of the Northeast Judicial District in 1994. He previously served as county judge of Walsh, Pembina, and Cavalier Counties from 1987-1994.
  • Judge Geiger Biography
  • U.S.: High court kills tribal immunity for casino employees
    Courthouse News Service: "Tribal immunity does not shield a casino's limo driver for Mohegan Sun Casino from having to pay the couple he rear-ended on a highway, the Supreme Court ruled Tuesday."
    Minn.: Judges, lawyers want to fix bail system to keep poor out of jail
    Minneapolis Star Tribune: "Mary Ellen Heng doesn't think a bank account should dictate how long someone spends in jail. Yet throughout her career, the deputy Minneapolis city attorney has repeatedly seen exactly that: people lingering in Hennepin County jail because they can't afford a $78 bail."
    S.D.: Sturgis-area campground fights for city status in court
    South Dakota Great Seal U.S. News/AP: "The Buffalo Chip Campground of Sturgis Motorcycle Rally fame asked South Dakota's Supreme Court on Tuesday to let it remain a city. The high court heard arguments after a lower court ruled against the Board of Meade County Commissioners and the campground last year."
    Job Announcement
    A job announcement for an Attorney (Non-classified) with the North Dakota Insurance Department in Bismarck has been posted.

    North Dakota
    May Term of Court
    North Dakota Supreme Court
    The May term of court has been posted, including issues and briefs.
    Notice of Judicial Vacancies
    The Judicial Nominating Committee has received letters from Governor Doug Burgum convening the committee to screen applicants and submit a list of nominees to fill two judgeships: one in the Northeast Judicial District and one in the Southeast Judicial District. Applications are due May 1.
    Ward County Bar Association to hold open discussion for attorneys, judges
    The Ward County Bar Association will hold an open discussion on April 28 from noon to 1 p.m. in the Ward County Administration Building, Room 106. The purpose of the discussion is to review current practices, discuss concerns, and explore solutions in hopes of continued improved communication and procedural enhancement between attorneys and the courts.
    Court adopts rule amendments related to victims' rights
    The Supreme Court has adopted amendments to N.D.R.Crim. P. 15, 16 and 32; N.D.R.Juv.P. 4 and 12.1; N.D.R.Ct. 3.4 and N.D.Sup.Ct.Admin.R. 41. The amendments are intended to implement the victims' rights provisions in N.D. Const. Art. I, § 25. They take effect May 1.
    Joint Procedure Committee April 27-28 agenda
    The agenda for the April 27-28 meeting of the Joint Procedure Committee and the committee's Jan. 26-27 minutes have been posted.
    Judgeship retained at Rugby
    The Supreme Court has ordered the judgeship vacated by the retirement of District Judge John C. McClintock, Jr., to be retained at Rugby.
    Judgeship retained at Jamestown
    The Supreme Court has ordered the judgeship being vacated by the retirement of District Judge John E. Greenwood, effective August 1, 2017, to be retained at Jamestown.

    Federal
    U.S. Supreme Court opinion: April 25
    United States Supreme Court building The United States Supreme Court has issued an opinion in a personal injury case involving tribal sovereign immunity.
  • Lewis v. Clarke
  • U.S.: Justices weigh defendants' right to own mental health expert
    Associated Press: "The Supreme Court seemed closely divided Monday about whether an Alabama death row inmate should get a new sentencing hearing because he did not have a mental health expert on his side when he was tried and sentenced to death."

    Minnesota
    Minn. burglary conviction rests on this question: Is a motel room a building?
    Minnesota Great Seal MPR News: "Lionel Lopez broke into a Willmar motel room in November 2015 while its occupant - a co-worker - was taking a shower. Lopez swiped a cellphone and a wallet. Is that burglary?"
  • Opinion Text: State v. Lopez

  • South Dakota

    Montana
    Mont.: Charity con man can be asked to pay restitution, court rules
    Bozeman Daily Chronicle/AP: "A Maryland saxophone player who was convicted of defrauding a Montana charity could be required to pay restitution to victims of similar schemes throughout the country, the 9th U.S. Circuit Court of Appeals has ruled."
  • Opinion Text: United States v. Johnson

  • Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a City Attorney for the City of Dickinson has been posted.
    Job Announcement
    A job announcement for an Indigent Defense Contractor with the Commission on Legal Counsel for Indigents in Dickey and LaMoure Counties has been posted.
    Job Announcement
    A job announcement for an Indigent Defense Juvenile Contractor with the Commission on Legal Counsel for Indigents in Cass County has been posted.
    Job Announcement
    A job announcement for five law clerk positions with the North Dakota Supreme Court in Bismarck has been posted.

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