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Sunday, August 28, 2016
New Opinion: Aug. 25
The Supreme Court posted a new opinion on Aug. 25.
NWJD Judge Nelson to retire
Judge David Nelson Judge David Nelson, Williston, has announced his resignation effective December 31. He is the presiding judge in the Northwest Judicial District. He was elected district judge in 1994 and re-elected in 1996, 2002, 2008 and 2014.
  • Judge Nelson Biography
  • Notice of Judicial Vacancy
    The Judicial Nominating Committee has received a letter from Governor Jack Dalrymple convening the committee to screen applicants and submit a list of nominees to fill the judicial position open as a result of the retirement of Judge Debbie Kleven. Deadline for applications is 5 p.m. on Sept. 7.
    Court sets hearing, seeks comment on proposed procedural rule amendments
    The Supreme Court has issued a Notice of Hearing and Comment on proposed changes to the Rules of Civil Procedure, Criminal Procedure, Juvenile Procedure, Appellate Procedure, Court, and the administrative rules. Comments are due and the hearing is set for Oct. 12.
    Court approves amendments to admission to practice, professional conduct rules
    The Supreme Court has approved amendments to the Admission to Practice Rules and the Rules of Professional Conduct that are intended to enhance the admission to practice process. The amendments take effect Oct. 1.
    N.D. Attorney General opinion: Aug. 26
    N.D. Attorney General Wayne Stenehjem Attorney General Wayne Stenehjem has issued an opinion that, although personal notice does not necessarily have to be provided in exactly the manner requested, a governing body still has an obligation to provide personal notice containing relevant information from the agenda to those who requested it.
    'No good news,' Stenehjem says as ND serious crime up 10 percent in 2015
    G.F. Herald: "Last year's economic slowdown in North Dakota didn't put a damper on criminal activity, as the state posted its largest increase in the per-capita crime rate in at least five years and the most homicide deaths in more than two decades, figures released Thursday show."
    U.S.: How the Burger Court shaped today's conversations on race and crime
    United States Supreme Court building MPR News: "St. Paul native Warren Burger served as Chief Justice of the United States from 1969 -- when he was appointed by Richard Nixon -- until 1986. The 17 years he led the Supreme Court are often written off as a transitional period."
    U.S. court: Michigan sex offender rules cannot be retroactive
    Associated Press: "Significant changes to Michigan's sex offender registry law cannot be applied retroactively to potentially thousands of sex offenders because the revisions unconstitutionally stiffen the punishment of offenders after their convictions, a federal appeals court ruled Thursday."
  • Opinion Text John Does 1-5 v. Snyder
  • MN Supreme Court: Drugs can be part of DWI blood test
    Minnesota Great Seal MPR News: "In May 2014, Debra Fawcett was involved in a two-vehicle crash at Minnesota Highway 65 and 109th Avenue in Blaine when she allegedly ran a red light. A police officer smelled alcohol on her breath and she acknowledged having 'two or three' beers earlier."
  • Opinion Text: State v. Fawcett
  • La.: 2012 Supreme Court ruling may spur takings lawsuits
    Greenwire: "A Supreme Court ruling in a 2012 fight over a flooded Arkansas wildlife refuge could boost the chances of Baton Rouge-area officials hoping for federal compensation for last week's catastrophic deluge in parishes and towns near Louisiana's capital."

    North Dakota
    Judicial Ethics Advisory Committee issues formal opinion
    The Judicial Ethics Advisory Committee has issued formal opinion 2016-3 on whether a judicial candidate may use a written advertisement setting forth the comparative attorney records of the candidate and his opponent.
    Court adopts amendments to court recordings rules
    The North Dakota Supreme Court has adopted amendments to N.D. Sup. Ct. Admin. R. 40 and 41 related to access to audio recordings of district court proceedings. The amendments take effect Oct. 1.
    Court adopts amendments to rules on defendant's presence
    The North Dakota Supreme Court has adopted amendments to N.D.R.Crim.P. 10 and 43 relating to the defendant's presence at the preliminary hearing and arraignment. The Court also made changes to the criminal procedure forms. The amendments take effect Oct. 1.
    Appellate practice tip of the week
    Make sure you are appealing something appealable. Not every order or ruling that may be reviewed on appeal is itself appealable.
  • Other appellate practice tips
  • September Term of Court
    North Dakota Supreme Court
    The September term of court has been posted, including issues and briefs.
    Court seeks comment on proposed amendments to lawyer discipline rules
    The Supreme Court has issued a Notice of Comment seeking feedback on proposed changes to the Rules for Lawyer Discipline. Among the proposals are amendments to Rule 2.4 to create one statewide inquiry committee and to Rule 6.3 to clarify what work a lawyer can do while suspended from the practice of law. Comments are due Sept. 2.
    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 dismissed an appeal and denied a petition for writ of mandamus in a Minot records privacy dispute.
  • Auer v. Trans Union, LLC

  • Federal
    U.S. court: Out-of-state license plates don't justify search
    Associated Press: "Law enforcement officials in Kansas cannot stop and search motorists just for having out-of-state license plates from states that have legalized marijuana, a federal appeals court ruled Tuesday."
  • Opinion Text: Vasquez v. Lewis

  • Minnesota
    MN Supreme Court: St. Paul 'assessments' are really taxes
    Minnesota Great Seal MPR News: "The Minnesota Supreme Court on Wednesday delivered a blow to a key municipal finance mechanism in St. Paul for the last decade. The court ruled that so-called 'right-of-way assessments' instituted more than a decade ago by the city should legally be considered taxes, not fees."
  • Opinion Text: First Baptist Church v. City of St. Paul

  • South Dakota

    Federal prisoners in Montana private prison staying put
    NBC Montana News/AP: "Though the Department of Justice has announced it will no longer house federal inmates in private prisons, federal prisoners in Montana are staying in their privately-owned beds."

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a Law Clerk with the U.S. District Court in Bismarck has been posted.
    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 Contract Attorney for the Commission on Legal Counsel for Indigents in Stutsman County has been posted.

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