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Saturday, July 2, 2016
Monday at the Court
Independence Day - Holiday

New Opinions: June 30
The Supreme Court posted 25 new opinions on June 30.
Court adopts amendments on limited scope representation
The Supreme Court has adopted amendments to N.D.R.Civ.P. 11 on signing of pleadings, motions and other papers; N.D.R.Ct. 11.2 on withdrawal of attorneys; and N.D.R. Prof. Conduct 1.2 on scope of representation. The amendments are intended to facilitate increased use of limited scope representation and take effect August 1.
U.S.: Major cases set for the next Supreme Court term
United States Supreme Court building Constitution Daily: "The Supreme Court picks, one case at a time, the issues it will decide and leaves it to scholars, journalists and other observers to see trends. No one on the outside can explain, with any confidence, why some disputes get the Justices' attention and others simply get bypassed."
As Obama term winds down, Solicitor General Don Verrilli makes his exit
Don Verrilli SCOTUSblog: "With the close of the Supreme Court's Term, Don Verrilli has concluded his tenure as Solicitor General. Verrilli has served as the government's top lawyer at the Court since 2011, arguing a number of landmark cases there."
50 years later, Freedom of Information Act still chipping away at government's secretive culture
ABA Journal: "On Independence Day 50 years ago, President Lyndon Baines Johnson reluctantly signed into law the Freedom of Information Act. President Johnson thought it was terrible legislation and considered a veto after it was passed by Congress."
U.S.: Appeals court nixes $7.25B credit card swipe fee settlement
Associated Press: "A $7.25 billion settlement between merchants and Visa Inc. and MasterCard Inc. over credit card transaction fees was rejected Thursday by a federal appeals court, a ruling praised by a retail trade association as a victory for consumers."
  • Opinion Text: In re Card Fee Litigation
  • Job Announcement
    A job announcement for an Assistant State's Attorney for Stutsman County in Jamestown has been posted.
    Job Announcement
    A job announcement for a temporary Attorney (Public Defender) with the Commission on Legal Counsel for Indigents in Minot has been posted.

    North Dakota
    U.S. Supreme Court remands cases to the N.D. Supreme Court
    United States Supreme Court building The U.S. Supreme Court has vacated judgments and remanded several cases to the N.D. Supreme Court in light of the recent opinion in Birchfield v. North Dakota.
  • Opinion Text: Birchfield v. North Dakota
  • U.S. Supreme Court June 28, 2016 Order List
  • Court seeks comment on changes to court recording access rules
    The Supreme Court has issued a Notice of Comment on proposed amendments to two Administrative Rules: Rule 41 on access to court records and Rule 40 on access to court audio recordings. Comments are due July 20.
    Court adopts amendments to administrative rules
    The Supreme Court has adopted amendments to two Administrative Rules: Rule 6.1 on administrative units and Rule 46 on the duties and appointment of the district court clerk. The amendments clarify oversight of work performed by county-employed clerks of court and take effect August 1.
    Appellate practice tip of the week
    The Table of Contents should include the text of each issue, not just "Issue I," "Issue II," etc. Use normal capitalization in the table of contents.
  • Other appellate practice tips
  • Rural Justice in North Dakota
    The Mitchell Hamline Law Review has published "Rural Justice in North Dakota," an article detailing steps being taken to increase the number of lawyers practicing in rural areas of the state. The article is by UND School of Law Dean Kathyrn Rand, SBAND President Joseph Wetch, Judge Gail Hagerty and SBAND Executive Director Tony Weiler.
    Court seeks comment on proposed changes related to defendant's presence
    The Supreme Court has issued a Notice of Comment on proposed amendments to N.D.R.Crim.P. 10 (Arraignment), 43 (Defendant's Presence) and Form 10 (Misdemeanor Petition to Enter Plea of Guilty). The Court is also seeking comment on proposed new N.D.R.Crim.P. 18 (Petition to Waive Preliminary Hearing and Arraignment in Felony Case). Comments are due July 8.
    Court seeks comment on proposed new rule, rule amendments
    The Supreme Court has issued three notices of comment seeking input on a proposed new admission to practice rule on military spouse lawyer certification and proposed amendments to N.D.R. Prof. Conduct 5.5 and Admission to Practice R. 3 on practice by foreign lawyers and N.D.R. Lawyer Discipl. 3.2 on service. Comments are due July 5.
  • Notice of Comment for Admission to Practice Rule 7.1
  • Amended Notice of Comment for Rules on Practice by Foreign Lawyers
  • Notice of Comment for Lawyer Discipline Rule 3.2
  • N.D. Attorney General opinion: June 29
    N.D. Attorney General Wayne Stenehjem Attorney General Wayne Stenehjem has issued an opinion that the City of Williston violated the law when a quorum of the commission was involved in a series of ad hoc meetings with industry leaders to discuss the status of crew camps.

    Federal
    U.S.: Without Scalia, roles change for Supreme Court justices
    Wall Street Journal: "The Supreme Court's extended period with only eight justices began to offer a glimpse of the roles the court's remaining members could play in the future. Justice Samuel Alito is perhaps the member of the court who most raised his profile in the months since Antonin Scalia's death."

    Minnesota
    Inside Minnesota's sex offender facility, where no one has ever been released
    PBS News: "The PBS NewsHour was recently granted rare access to Minnesota's Sex Offender Program in the rural town of Moose Lake, MN. It is one of two state-run facilities that house more than 700 sex offenders. They're all being held under what's known as a 'civil commitment law.'"
    Minn.: Conviction stands in St. Paul sex-trafficking of vulnerable women
    Minnesota Great Seal St. Paul Pioneer Press: "The Minnesota Supreme Court has affirmed a conviction against a Brooklyn Park man who received the longest prison sentence in state history for his involvement in a sex-trafficking operation. The court issued its opinion Wednesday in the 2013 conviction of Antonio Dion Washington-Davis by Ramsey County District Court."
  • Opinion Text: State v. Washington-Davis
  • Minn.: Juror pay to double starting next week
    MPR News: "Pay and mileage reimbursement for jurors in the state are scheduled to double starting next week. Jurors called on or after July 5 will now be paid $20 for each day of jury duty. They'll also receive 54 cents per mile for the trip to the courthouse and back."

    South Dakota

    Montana
    Mont.: Court rejects drunken horse ride case
    Montana State Seal Great Falls Tribune/AP: "Police officers did not illegally arrest a woman for drunken driving hours after they let her go for riding a horse while intoxicated on a Billings street, the Montana Supreme Court said in dismissing the woman's case."
  • Opinion Text: State v. Ellis-Peterson

  • Other States and Jurisdictions
    Iowa Supreme Court upholds ban on voting rights for felons
    Associated Press: "Convicted felons in Iowa may be automatically stripped of their voting rights for life unless those rights are restored by the governor, a divided Iowa Supreme Court ruled Thursday. The 4-3 decision permanently disenfranchises thousands of former offenders and upholds Iowa's status as one of the most restrictive states for voting by felons."
  • Opinion Text: Griffin v. Pate

  • Job Announcements
    Job Announcement
    A job announcement for five law clerk positions with the North Dakota Supreme Court in Bismarck has been posted.
    Job Announcement
    A job announcement for three members to serve on the Three Affiliated Tribes Ethics & Rules Committee in New Town has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Morton County in Mandan has been posted.
    Job Announcement
    A job announcement for an Attorney II (Public Defender) with the Commission on Legal Counsel for Indigents in Williston has been posted.
    Job Announcement
    A job announcement for a Case Administrator I with the U.S. District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant Attorney General for the AG's Criminal and Regulatory Division in Bismarck has been posted.

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