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Friday, October 9, 2015
Today at the Court
Judicial Writing Seminar - Bismarck
Ehlis investiture to be held Oct. 9
Judge Rhonda Ehlis The formal investiture ceremony for Southwest Judicial District Judge Rhonda Ehlis will be held Friday, Oct. 9, at 3 p.m. MDT in the Stark County Courthouse. Gov. Jack Dalrymple appointed Judge Ehlis to a new judgeship in the SWJD on July 27.
  • Judge Ehlis Investiture Invitation
  • Judge Ehlis Biography
  • Court names law clerks for 2016-2017
    The Supreme Court has named law clerks for a one-year term starting August 1, 2016: Brent Boeddeker, Fargo, Brandt Doerr, Minot, Peter Hvidston, Fargo, Mindy Lawrence, Park Rapids, Minn., and Eric Lundberg, Grand Forks.
    Which practice areas are going to be the most lucrative in the future?
    ABA Journal: "With an ever-changing legal landscape -- and many unemployed and underemployed lawyers -- it's more important than ever to understand how to craft your career. The market for legal jobs may be getting better, but it's still not great."
    U.S.: Ninth Circuit chucks bid to recuse entire court
    Courthouse News Service: "Two Montana federal judges named as defendants in a pro se complaint claiming a vast government conspiracy do not have to recuse themselves from the case, the Ninth Circuit ruled Wednesday. Ron Glick, who was convicted in 2005 in Montana state court for sexually assaulting his girlfriend's 13-year-old daughter, filed a host of civil suits after his 2009 release."
  • Opinion Text: Glick v. Edwards
  • U.S.: Appeals court rules for heirs of Santa Claus song composer
    Associated Press: "You'd better watch out: 'Santa Claus Is Comin' to Town' is comin' back into the hands of the heirs of a songwriter who composed it. Rejecting a lower-court ruling, the 2nd U.S. Circuit Court of Appeals in Manhattan on Thursday ruled for a daughter and grandchildren of John Frederick Coots."
  • Opinion Text: Baldwin v. EMI

  • North Dakota
    Judge Lawrence Leclerc 1934-2015
    Judge Lawrence Leclerc Retired East Central Judicial District Judge Lawrence Leclerc, 80, died Oct. 4. He served as a district judge from 1979-2004. His funeral will be held Friday, Oct. 9, at 1 p.m. in Nativity Catholic Church in Fargo.
  • Judge Leclerc Biography
  • Fargo Forum: Fargo native Judge Lawrence Leclerc dies at 80
  • UND to formally dedicate law school building addition
    UND School of Law UND News Release: "University of North Dakota President Robert Kelley and UND School of Law Dean Kathryn Rand will host a formal dedication and ribbon cutting ceremony on Friday, Oct. 9, at 4 p.m. to celebrate the completion of the Law School building addition and renovation. The ceremony will be held outside the new north-facing entrance of the law school."
    Investiture of Judge Kirsten Sjue: The Oct. 2 photos
    Judge Sjue Judge Kirsten Sjue was formally installed as a judge of the Northwest Judicial District in an investiture ceremony on Oct. 2 at the Williams County Courthouse. She was appointed by Gov. Jack Dalrymple to a new judgeship with chambers in Williston on July 27. Here are the photos.
  • Judge Sjue Biography
  • El-Dweek becomes county's second judge
    Judge El-Dweek McKenzie County Farmer: "History was made on Wednesday, Sept. 30, 2015, when Daniel El-Dweek officially became the second district judge to serve in North Dakota's Northwest Judicial District, with his court chambered in the McKenzie County Courthouse."
    New Opinion: Sept. 21
    The Supreme Court posted a new opinion on Sept. 21.
    Appellate practice tip of the week
    At the end of your brief, state clearly and concisely what specific action you are seeking from the appellate court. For example, if you are the appealing party, it's not enough to ask the court to say the trial court was wrong, you must say what you are asking the appellate court to do about it.
  • See N.D.R.App.P. 28.
  • Other appellate practice tips
  • Trial court tip
    Before you go into the courtroom, check the case file in Odyssey to make sure all your documents have been filed.
  • Other Trial Court Tips
  • Eye on Energy: McKenzie County Courthouse Renovation
    McKenzie County Courthouse KXNews: "Northwest District Court has gained two new judges, each taking an oath of office last week. In McKenzie County, using the growing number of court cases as a guide, county commissioners made space for a second judge during a recent renovation, before a second judge was approved for the area."
    8th Circuit decides N.D. case
    U.S. Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit has summarily affirmed the dismissal of a North Dakota civil claim made by a self-represented litigant.
  • Orlick v. Grand Forks Housing Authority

  • Federal
    U.S.: Familiar, divisive social issues on Supreme Court agenda
    Associated Press: "The Supreme Court's new term began Monday with no cross words between the justices, although a steady stream of divisive social issues awaits them in the coming months. In their first public meeting since a number of high-profile decisions in June displayed passionate, sometimes barbed disagreement, the justices were deferential to each other."
  • ABC Fox Montana News/AP: Changes to justices' opinions will be highlighted
  • U.S.: Supreme Court hears new death penalty arguments
    United States Supreme Court building CNN: "The Supreme Court heard arguments concerning the death penalty on Wednesday, for the first time since the issue bitterly divided the justices last term. The justices grappled with sentencing requirements and jury instructions in consolidated cases from Kansas."
    U.S.: Justice Department set to free 6,000 prisoners, largest one-time release
    U.S. Dept. of Justice seal Washington Post: "The Justice Department is set to release about 6,000 inmates early from prison - the largest one-time release of federal prisoners - in an effort to reduce overcrowding and provide relief to drug offenders who received harsh sentences over the past three decades, according to U.S. officials."
    U.S. Supreme Court to lawyers: Hold your own place in line
    NPR News: "One of the more unattractive aspects of Washington life is the growth industry called line sitting. That is, rich lobbyists, lawyers and contractors pay someone to hold a place in line so the payer can get a much-in-demand seat at a Supreme Court argument or a congressional hearing. Now the U.S. Supreme Court has quietly struck one small blow for equality on that front."
    U.S. Supreme Court lets Jim Thorpe's body stay in Pennsylvania, but controversy continues
    Tulsa World: "The court battle lasted five years, ending Monday when the U.S. Supreme Court refused to hear an appeal. But the larger effort to have Jim Thorpe's body brought back to Oklahoma started almost as soon as it was taken away in 1953, and that fight isn't necessarily over yet."

    MN Supreme Court: Payday loan limits constitutional
    MPR News: "The Minnesota Supreme Court [Oct. 7] upheld the state's payday lending law that curbed high-interest, short-term loans to mostly low-income people who can't stretch a paycheck. The decision comes as some lawmakers and advocacy organizations try to restrict payday lending even further."
  • Opinion Text: Swanson v. Integrity Advance
  • Minn.: Appeals court reverses Rochester man's conviction
    Minnesota Great Seal Rochester Post Bulletin: "A Rochester man has had his case sent back to a local court after the Minnesota Court of Appeals reversed his conviction. The ruling was released Monday. A local jury found John Edward Hall Jr. guilty in April 2014 of domestic assault and terroristic threats after hearing evidence that he'd assaulted and threatened a woman on two consecutive days."
  • Opinion Text: State v. Hall

  • South Dakota
    South Dakota Supreme Court holds October session at USD School of Law
    KDLT News: "The five justices of the South Dakota Supreme Court are holding their October session at the University of South Dakota School of Law courtroom in this week. It is the first time Justice Janine Kern, of Rapid City, is on the bench in Vermillion as a member of the court with fellow Justices Steven Zinter, Glen Severson, Lori Wilbur as well as Chief Justice David Gilbertson."
  • KELO News: Deer crash to be decided by South Dakota Supreme Court
  • S.D.: Supreme Court hears officer records case
    South Dakota Great Seal KELO News: "A case before the South Dakota Supreme Court could have implications for all law enforcement officers in South Dakota. Emily Lou Smith was arrested last year by Minnehaha County sheriff's deputy Adam Zishka. Smith faces a long list of charges, including three counts of simple assault against a law enforcement officer."
  • KELO News: Tribal jurisdiction arguments at SD Supreme Court
  • SD Supreme Court hears arguments on Fall River County's planned contaminated-soil farm
    Rapid City Journal: "A justice of the South Dakota Supreme Court seemed incredulous when he found out that Fall River County had never counted the votes in a 2014 election that was supposed to decide the fate of a soil farm near Edgemont."
  • KELO News: Failure to yield case heard by Supreme Court

  • Montana

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for two law clerk positions with the District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Senior Assistant State's Attorney for Burleigh County in Bismarck has been posted.
    Job Announcement
    A job announcement for an Associate Chief Judge with the Standing Rock Tribal Court in Fort Yates has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Fargo has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Ward County in Minot has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Bismarck/Mandan has been posted.
    Job Announcement
    A job announcement for an Electronic Court Recorder with the District Court in Dickinson has been posted.
    Job Announcement
    A job announcement for two Attorney I positions with Legal Services of North Dakota has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Morton County in Mandan has been posted.

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