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Sunday, December 21, 2014
Monday at the Court
1:30pm Johnson v. State
2:45pm Pegg v. Kohn
Waived Eggers v. Eggers
Waived State v. Harns
Waived Interest of M.S.
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.
North Dakota Legal Self Help Center website goes live
The North Dakota Legal Self Help Center provides resources to people who represent themselves in the North Dakota Courts. These resources include legal forms and guidance for self-represented litigants in understanding the court system. The Self Helf Center website is now live and accessible on the web.
States start to crack down on parents 're-homing' their adopted kids
ABA Journal: "[W]ith the rise of foreign adoptions of children and the inability of some parents to handle troubled youths, more and more desperate families are taking that approach with adopted youngsters and re-homing the children with strangers. Often those re-homed children report gruesome tales of physical, sexual or emotional abuse by their new guardians."
South Dakota Supreme Court says gambling promos not taxable
South Dakota Great Seal KSFY News: "Deadwood casinos will no longer have to pay state gambling taxes on promotional programs that give patrons free credits to play slot machines. The South Dakota Supreme Court on Wednesday overturned a lower court's decision that casinos must pay tax on 'free play' as part of their gambling revenues."
  • Opinion Text: First Gold v. S.D. Dept. of Revenue
  • S.D.: State supreme court backs lower court In abuse case
    KELO News: "A man convicted of abuse for driving 112 mph while intoxicated with three children in his vehicle has been unsuccessful in arguing to the South Dakota Supreme Court that the state law governing his offense is unconstitutionally vague."
  • Opinion Text: State v. Myers
  • Minn.: Expungement changes forthcoming with new law
    Minnesota House of Representatives: "Minnesotans who made a past mistake will have an easier time at earning a second chance. Sponsored by Rep. Carly Melin (DFL-Hibbing) and Sen. Bobby Joe Champion (DFL-Mpls), a new law will reform the state's expungement laws in hopes of helping people with a past transgression find jobs and housing. The law is effective Jan. 1, 2015, unless otherwise noted."

    North Dakota
    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
  • 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.
    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
  • 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.

    Federal
    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."

    Minnesota
    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

  • South Dakota
    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."

    Montana

    Other States and Jurisdictions
    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."

    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 Clerk of Court for Foster County in Carrington 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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