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Monday, February 8, 2016
Appellate practice tip of the week
Do not ignore correspondence from the Supreme Court Clerk's Office requesting case information or directing specific action.
  • Other appellate practice tips
  • SCJD to hold free courtroom basics CLE
    Gavel The South Central Judicial District will offer a free continuing legal education program in February geared to attorneys practicing criminal law. The program is titled "Courtroom Criminal Basics" and two-hour sessions will be held beginning at 5 p.m. on (Tuesdays) February 2 and 9. The program will be presented at the Burleigh County Courthouse, and no registration is required.
    Pattern Jury Instruction Commission Oct. 1-2 minutes
    The minutes for the Oct. 1-2 meeting of the Pattern Jury Instruction Commission and the commission's October 2015 drafts have been posted.
  • Oct. 1-2 Minutes
  • October 2015 Drafts
  • Man camp unit finds new life housing inmates at N.D. transitional facility
    Bismarck Tribune: "A 185-foot-long housing unit that once provided temporary space for workers in North Dakota's oil patch is getting a fresh start as living quarters for minimum-security inmates at a transitional facility south of Bismarck. Inmates on work release were scheduled to start moving into the modular unit this week at the Missouri River Correctional Center."
    S.D.: Aurora Co. not accountable for fatal crash, Supreme Court says
    South Dakota Great Seal Mitchell Daily Republic: "Aurora County was not responsible for repairing a sign that was blamed for a crash leading to a Mount Vernon man's death in 2010, the South Dakota Supreme Court has ruled. On Sept. 30, 2010, Travis Naser, 45, died in a one-vehicle crash at the dead-end intersection of 268th Street in Aurora County and 392nd Avenue in Douglas County."
  • Opinion Text: Foster-Naser v. Aurora County
  • Decades of new laws caused Minnesota's prison population spike
    Minneapolis Star Tribune: "Getting tough on crime at the Legislature has come at great cost to Minnesota's corrections system. Over the past 25 years, the state's incarceration rate has soared by 150 percent, and Minnesota's prisons are bloated beyond capacity and burdened by runaway costs."

    North Dakota
    Court system, McKenzie County work together to improve court security
    Carolyn Probst, the court administrator for Unit 4, along with Northwest Judicial District Judges Robin Schmidt and Daniel El Dweek recently led the newly constituted McKenzie County Security Committee through a discussion and review of the draft Courthouse Security Handbook.
    Harold John Bergquist 1934-2016
    Harold John Bergquist Attorney and educator Harold John Bergquist died in Lakota on Jan. 30. After a long career in education in North Dakota and Minnesota, he practiced law in Larimore and Lakota. Services will be held Feb. 9 at Lakota Lutheran Church
  • Harold John Bergquist lawyer record
  • February Term of Court
    North Dakota Supreme Court
    The February term of court has been posted, including issues and briefs.
    New Opinion: Jan. 26
    The Supreme Court posted a new opinion on Jan. 26.
    Attorneys revisit court unification
    Big Muddy Bar Association South Central Judicial District Law Clerks Katie Johnson and Jared Wall discussed trial court unification at the January meeting of the Big Muddy Bar Association. Legislation implementing the consolidation took effect 20 years ago, and the two along with former Supreme Court Law Clerk Andrew Askew are authors of an article looking back at the process of consolidation. The article is pending publication in the North Dakota Law Review.
    Court adopts amendments to lawyer conduct rules
    The Supreme Court has adopted changes to the N.D. Rules of Professional Conduct. The amendments reflect principles set out in the ABA's Ethics 20/20 Report, which focused on the impact of globalization and technological change on legal practice. The amendments take effect March 1, 2016.
    Court adopts order on review of guardianships
    The Supreme Court has adopted Administrative Order 22, which establishes a process for the regular review of guardianships. The order takes effect March 1.
    Family law mediator applications now being accepted in SEJD
    Applications are now being accepted for mediators to mediate for the Family Mediation Program in the Southeast Judicial District. The deadline for application is Feb. 10.
    Family law mediator applications now being accepted in NEJD
    Applications are now being accepted for mediators to mediate for the Family Mediation Program in the Northeast Judicial District. The deadline for application is Feb. 17.
    Myers to serve as U.S. attorney in North Dakota
    Christopher Myers G.F. Herald: "Christopher Myers is set to be the U.S. attorney for North Dakota. Myers, whose appointment was approved Saturday by U.S. District Court Chief Judge Ralph Erickson, will serve as U.S. attorney until President Barack Obama nominates a replacement and the U.S. Senate confirms the nominee."
  • Christopher Myers Lawyer Record

  • Federal
    Registration open for 8th Circuit judicial conference
    U.S. Court of Appeals for the Eighth Circuit The 8th Circuit judicial conference will be held May 3-5 in Rogers, Ark. The conference is open to all judges and members of the bar and will present a CLE program featuring speakers and panelists examining a broad range of civil, criminal, and bankruptcy topics.

    Minnesota
    Minn.: State completes transition to centralized court payment center
    Brainerd Dispatch: "The Minnesota Judicial Branch has completed a multi-year project to centralize the processing of citations and traffic tickets, from case initiation through case disposition, for all 87 counties in Minnesota."
    Minn.: Bad lawyer defense doesn't hold
    Minnesota Great Seal Mankato Free Press: "The assault conviction of a Mankato man who punched a man who asked him to quiet down has been upheld by the Minnesota Court of Appeals. Daniel Luis Ruiz-Oliva argued his attorney in the 2012 case failed to present his self-defense claim, didn't instruct the jury about it and misstated the legal standard for the crime he was charged with."
  • Opinion Text: State v. Ruiz-Oliva

  • South Dakota
    S.D.: Supreme Court says blood draw in Fischer case was constitutional
    Mitchell Daily Republic: "The South Dakota Supreme Court has ruled that a blood draw aiding in the conviction of a man who killed two U.S. Fish and Wildlife workers was constitutional. Ronald Fischer Jr., who was sentenced to 30 years in prison for two counts of vehicular homicide, appealed a circuit court decision."
  • Opinion Text: State v. Fischer

  • Montana
    Ostby, first female federal judge in Montana, announces resignation
    Carolyn Ostby KTVQ News: "Carolyn Ostby, the state's first female federal judge and the longest serving magistrate in the state, has announced her resignation. According to a press release issued Tuesday by the United States District Court District of Montana, Ostby informed Chief U.S. District Court Judge Dana Christensen of her resignation by letter on Tuesday."

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for an Alternative Municipal Judge with the City of Grand Forks has been posted.
    Job Announcement
    A job announcement for a Contract Attorney with the Commission on Legal Counsel for Indigents primarily in Stutsman County has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney II (with underfill) for Burleigh County in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant Tribal Public Defender with the Standing Rock Sioux Tribe in Fort Yates has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Grand Forks has been posted.
    Job Announcement
    A job announcement for a Deputy Director for the North Dakota League of Cities in Bismarck has been posted.
    Job Announcement
    A job announcement for a Temporary Hearing Officer (Attorney I) with the N.D. Department of Transportation in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant Attorney General with the AG's Natural Resources & Indian Affairs Division in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Ward County in Minot has been posted.

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