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Friday, February 27, 2015
Today at the Court
9:30am Personnel Policy Board - Bismarck
New Opinion: Feb. 25
The Supreme Court posted a new opinion on Feb. 25.
Odyssey system to be down Friday evening
The Odyssey electronic filing system will be out of service from 6:30 p.m. on Friday to approximately 3 a.m. Saturday.
N.D. Attorney General opinion: Feb. 26
N.D. Attorney General Wayne Stenehjem Attorney General Wayne Stenehjem has issued an opinion that the Lindahl Township Board of Supervisors violated the law when it held a regular meeting without posting any notice for the meeting.
Amendments to court rules take effect March 1
Amendments to the Rules of Civil Procedure, Criminal Procedure, Court, and the Administrative Rules will take effect March 1, 2015. Here is a review of the rule changes.
  • Amendments to North Dakota Rules as Adopted
  • Ward County residents approve bigger jail expansion
    Bismarck Tribune: "Ward County residents have overwhelmingly approved doubling the size of a jail expansion project to almost $80 million. Nearly 82 percent of the 3,808 voters in Tuesday's election favored borrowing an additional $37 million to expand the jail and renovate the courthouse. The money to pay off the bonds will come not from property taxes but from an extension of an existing sales tax."
    U.S.: High court leans toward religious protection in hijab case
    United States Supreme Court building MPR News: "At the U.S. Supreme Court, you know that it's going to be a hot argument when the usually straight-faced Justice Samuel Alito begins a question this way: 'Let's say four people show up for a job interview ... this is going to sound like a joke, but it's not.'"
    Minnesota Supreme Court upholds deer hunting conviction
    KSTP News: "The Minnesota Supreme Court has ruled a man who had a loaded weapon while he was concealed in a deer blind was 'pursuing' deer and needed a hunting license. Roger Schmid of Avon was cited in 2011 for hunting without a license, after a Department of Natural Resources officer found him sitting on an all-terrain vehicle in a camouflage deer blind during the hunting season, armed with a loaded shotgun."
  • Opinion Text: State v. Schmid
  • Minn.: Area lawyer appointed US magistrate judge
    U.S. District Court Bemidji Pioneer: "A Bemidji attorney has been appointed a part-time U.S. magistrate judge by the U.S. District Court, according to a press release. Jon T. Huseby took the oath of office on Wednesday inside the U.S. Courthouse in Minneapolis, the release said."
    Montana Supreme Court upholds restitution in kidnapping case
    Missoulian/AP: "The Montana Supreme Court has rejected a Glasgow man's arguments that he should not have to pay restitution for his kidnapping victim's mental health counseling because it is being paid for by state-assisted programs."
  • Opinion Text: State v. Jenkins

  • North Dakota
    February bar examination begins
    Forty-four applicants began sitting for the North Dakota bar exam on Tuesday, Feb. 24. The number of applicants is slightly higher than February 2014, and higher than the six-year average of 38. Of the 44 applicants, less than 7 percent have out of state addresses, and three are already licensed to practice law in another jurisdiction.
    Pattern Jury Instruction Commission March 5-6 agenda
    The agenda for the March 5-6 meeting of the Pattern Jury Instruction Commission and the commission's Oct. 2-3, 2014, minutes have been posted.
    Helen Hamilton Day CLE to be held March 3
    Helen Hamilton Each year, The University of North Dakota Law Women's Caucus hosts Helen Hamilton Day in honor of the first female graduate from UND's School of Law. This year's event is on Tuesday, March 3. The event has been approved for 3 CLE credits in both North Dakota and Minnesota. The event is free and no registration is needed.
  • Helen Hamilton Day Brochure
  • Appellate practice tip of the week
    Don't evade.
  • Other appellate practice tips
  • The Third Branch: This Week on the Hill
    North Dakota Capitol For Feb. 23-27, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted.
  • 64th Legislative Assembly
  • March Term of Court
    North Dakota Supreme Court
    The March term of court has been posted, including issues and briefs.
    Not Licensed to Practice Law
    The State Board of Law Examiners reports that a license to practice law for calendar year 2015 has not been issued to a number of attorneys who were licensed for calendar year 2014. The online list is being updated hourly.
    Court seeks comment on proposed amendments to juvenile rules and policies
    The Supreme Court is seeking comment on proposed amendments to the Rules of Juvenile Procedure, Rule of Evidence 1101, and the Judicial System Policies. Comments are due March 31.
    Personnel Policy Board Feb. 27 agenda
    The agenda for the Feb. 27 meeting of the Personnel Policy Board and the board's Dec. 19, 2014, minutes have been posted.
    Family law mediator applications now being accepted
    Applications are now being accepted for mediators to mediate for the Family Mediation Program in the Northeast Central, South Central, and the North Central Judicial Districts. In order to be considered, applicants must meet the criteria set forth in Rule 8.9; or have a minimum of 40 hours of mediation training and 4 years of experience in family mediation.
  • N.D.R.Ct. 8.9: Rostort of Alternative Dispute Resolution Neutrals
  • Registration open for Adult Guardianship Symposium
    Registration is now open for the Adult Guardianship/Elder Justice Symposium March 11-12 at the Ramkota Hotel in Bismarck. The free symposium is sponsored by the N.D. Court System. It is open to judges, attorneys, guardians, financial advisors, legislators, health care professionals, social workers, law enforcement, and any others who work with the elderly.
    Grand Forks attorney receives civilian award for lifetime of serving military
    John Marshall G.F. Herald: "John Marshall never spent a day in the military. But he's devoted more than 50 years honoring those who serve. 'I don't know what it is. I just can't stop saying thank you to those people who are serving, or those who have served,' he told the Herald recently. 'We don't say thank you enough, especially to those who give us our freedom. They are our freedom.'"

    U.S. Supreme Court opinion: Feb. 24
    The United States Supreme Court has issued an opinion in a case involving a water dispute between the states of Kansas and Nebraska.
  • Kansas v. Nebraska
  • U.S. Supreme Court opinions: Feb. 25
    United States Supreme Court building The United States Supreme Court has issued opinions in a case involving a fisherman who threw back an undersized fish and a case on whether teeth whitening can be regulated as part of "the practice of dentistry."
  • Yates v. United States
  • North Carolina State Bd. of Dental Examiners v. FTC
  • U.S. Supreme Court decides water dispute
    Lincoln Journal Star: "Nebraska officials cheered a U.S. Supreme Court decision Tuesday that closes the book on a longstanding legal dispute with Kansas over water from the Republican River. The high court upheld the recommendations from a judge, referred to as a special master, who found Nebraska should pay Kansas $5.5 million for using more than its share of the river's water."
    U.S.: The 25-year-olds shaping the Supreme Court docket
    CBS News: "The federal government took control of Florida resident Tony Henderson's personal gun collection more than eight years ago. On Tuesday, thanks to a group of law students, the Supreme Court will finally consider whether Henderson deserves some compensation for that property."

    Minn.: Ruling shortens sentence for man who shot at Inver Grove police
    Minnesota Great Seal St. Paul Pioneer Press: "The Minnesota Court of Appeals has reversed the sentence of a West St. Paul man convicted of shooting at two Inver Grove Heights police officers.The 2013 convictions of felony assault, using deadly force against a police officer and illegal gun possession will stand for Justin T. Amick, 42."
  • Opinion Text: State v. Amick
  • Minn.: Court of appeals issues opinion on crash that killed BBE coach
    Minnesota Great Seal West Central Tribune: "The Minnesota Court of Appeals affirmed a conviction Monday of Brian L. Anderson, the driver involved in the October 2012 accident that killed BBE teacher and coach Richard C. Vos. Anderson, 52, of Belgrade, was the driver of the semi truck that struck and killed Vos."
  • Opinion Text: State v. Anderson

  • South Dakota
    Temples of Justice: State's colorful past comes to life in SDPB courthouse documentary
    Huron Plainsman: "Temples of Justice visits 44 courthouses in South Dakota and tells the colorful stories of several. You'll find out how swindlers changed history, where there's a bullet hole in a judge's chambers, and which courthouses helped South Dakotans survive the Great Depression as WPA projects."

    Mont.: Judge Neill to retire after 19 years on bench
    Judge Kenneth Neill Great Falls Tribune: "District Judge Kenneth Neill will say farewell to the bench this summer after 19 years presiding over cases in Cascade County. Neill announced his retirement plans last week at the Cascade County Bar Association meeting. 'I just thought it was time,' he explained, noting that the 50th anniversary of his graduation from law school will coincide with his retirement date."
    Mont.: Court snuffs out ruling for smoke shacks
    Great Falls Tribune: "The Montana Supreme Court issued an opinion Tuesday reversing the Cascade County District Court's decisions that two casino smoking structures were in compliance with the Montana Clean Indoor Air Act and to award attorney fees to casino owners, Douglas and K.C. Palagi."
  • Opinion Text: MC Inc. v. Cascade City-County Board

  • Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a City Prosecutor for the City of Fargo has been posted.
    Job Announcement
    A job announcement for a State's Attorney for Renville County in Mohall has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney with the Ward County State's Attorney's Office in Minot 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 a Court Reporter with the District Court in Valley City has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Fargo has been posted.
    Job Announcement
    A job announcement for an Electronic Court Recorder with the District Court in Williston has been posted.

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