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| Friday, May
24, 2013 |
| Monday at the Court
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New Disciplinary Order: May 23
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The Supreme Court posted a new disciplinary order on May 23.
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June Term of Court
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The June term of court has been posted, including issues and briefs.
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Pembina County Courthouse closed due to flooding threat
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The Pembina County Courthouse will be closed for an indefinite period due to prospective flooding.
Jamestown Sun: Cavalier scatters; Renwick Dam holds steady
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U.S.: Senate confirms Obama nominee to key appeals court
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Associated Press: "After five years of trying, President Barack Obama has placed his first nominee on a key appeals court in Washington. The Senate voted unanimously on Thursday to confirm Sri Srinivasan to the U.S. Court of Appeals for the District
of Columbia Circuit."
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Job Announcement
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A job announcement for an appellate contractor with the N.D. Commission on Legal Counsel for Indigents has been posted.
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Job Announcement
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A job announcement for a Senior Assistant State's Attorney in the Burleigh County State's Attorney's Office in Bismarck has been posted.
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Lawsuit on Montana's executions delayed
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Edmonton Journal: "Normally, the lawyer for a Canadian on death row in Montana would not be happy in limbo. But Ron Waterman, lead counsel for the American Civil Liberties Union, is gaining confidence that his lawsuit challenging the way the state
carries out its executions could end up with a positive ending for Ronald Smith."
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S.D.: Prison, Pardons, Paroles
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KELO News: "It was not David Unruh first time in front of the South Dakota Board of Pardons and Paroles on May 16. According to Board member Jack Hieb, the 52-year-old man was arrested more than ten years ago for burglary. Later on, he was paroled,
but arrested again for sexually abusing a 13-year-old girl."
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Minn.: Two Harbors sexual harassment case splits state Supreme Court
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Duluth News Tribune: "The Minnesota Supreme Court has sent a case back to the trial court to determine whether a Two Harbors businessman sexually harassed three women employees, but two of the justices issued strong dissents and said they believe the
women already proved their case."
Opinion Text: Rasmussen v. Two Harbors Fish Company
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ABA issues formal ethics opinion on money laundering and terrorist financing
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The American Bar Association has issued Formal Opinion 463 on client due diligence, money laundering, and terrorist financing. The opinion provides guidance on how lawyers can avoid aiding illegal activities by implementing risk-based control
measures.
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U.S.: Birth control coverage up for federal appeal
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Williston Herald/AP: "In the most prominent challenge of its kind, Hobby Lobby Stores Inc. is asking a federal appeals court Thursday for an exemption from part of the federal health care law that requires it to offer employees health coverage that
includes access to the morning-after pill."
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North Dakota
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Hagerty earns trial skills certificate from National Judicial College
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Judge Gail Hagerty has been awarded the Certificate of Judicial Development General Jurisdiction Trial Skills by the National Judicial College at the University of Nevada Reno.
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Northwest Judicial District receives two new judgeships
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Minot Daily News: "The North Dakota Legislature approved funding for two new judgeships for the six-county Northwest Judicial District. The judges, who have not yet been selected, are expected to be chambered by Sept. 1, raising the total number of
district judges to nine."
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Parents of slain UND student in Rodriguez murder case: 'Justice will be served'
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Dickinson Press: "It's been 10 years ago this month since a Minnesota prison released Alfonso Rodriguez Jr. to his Crookston home, where he lived prior to kidnapping and killing University of North Dakota student Dru Sjodin six months later."
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Third judge is on the way
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Williston Herald: "It's official -- a third district judge will soon be chambered in Williston. The North Dakota Supreme Court issued a ruling last week to put the new judge in Williston due to the rapid increase in cases in Williams County."
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Dru Sjodin case: Hearing scheduled in appeal
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Minnesota Public Radio/AP: "Federal prosecutors want the notes of mental health professionals who examined a man convicted of killing of a University of North Dakota student more than nine years ago."
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Court seeks comment on proposed judicial emergency rule
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The Supreme Court is seeking comment on proposed N.D. Sup. Ct. Admin. R. 57 on judicial emergencies. Comments are due June 3.
Proposed N.D. Sup. Ct. Admin. R. 57
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Parenting investigator & legal guardian ad litem training set for June 19-21
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An 18-hour Parenting Investigator & Legal Guardian ad litem Certification Training session will take place in Bismarck June 19-21. Registrations are due by June 4.
Parenting Investigator & Legal Guardian ad litem Certification Training Brochure
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Federal
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California robbery case leads Supreme Court to reconsider police search laws
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McClatchy Newspapers: "A tattooed inmate in one of California's most remote prisons will now get his moment in the Supreme Court sun, along with a shot at clarifying the rules governing certain law enforcement searches."
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8th Circuit decides N.D. case
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The United States Court of Appeals for the Eighth Circuit has affirmed the denial of a suppression motion in a North Dakota firearms case.
United States v. Winarske
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Supreme Court Notebook: Sotomayor at Yale
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Associated Press: "Justice Sonia Sotomayor was the author of a unanimous decision delivered at the Supreme Court on Monday, but Sotomayor was hundreds of miles from Washington when the court convened."
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U.S. District Court e-filing system to be down May 31
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The electronic filing system at the U.S. District Court will be unavailable to accept filings on Friday May 31 at 12 noon. A software upgrade will be installed at that time.
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Minnesota
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Minn.: Outgoing Justice Anderson is glad Legislature, not courts, made call on marriage
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Minnesota Public Radio: "Outgoing state Supreme Court Justice Paul Anderson said Monday that he's happy the Legislature, and not the courts, decided the same-sex marriage issue in Minnesota."
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Court: Minnesota's Human Rights Act prevents firing spouse
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Minnesota Public Radio: "The Minnesota Court of Appeals [May 20] ruled a Mower County social services company violated the state's Human Rights Act, when it fired a woman because her husband joined an advisory board of another company with whom the
Austin-based nonprofit competes for federal funds."
Opinion Text: Wapiti Meadows v. Community Technologies
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S.D.: AG releases results of sobriety program
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KELO News: "Nearly 120 people have taken nearly 125,000 sobriety tests using an ignition interlock device as part of South Dakota's 24/7 Sobriety Program. Attorney General Marty Jackley released the testing results of the ignition interlock device on
Monday."
SD Attorney General News Release
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Interim dean takes permanent role at USD Law School
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Sioux Falls Argus Leader: "Thomas Earl Geu has been named dean of the School of Law at the University of South Dakota. Geu was appointed interim dean at the school in 2011. He came to USD in 1989 as a professor of law."
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Fed official to attend SD summit on tribal welfare
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KXAN News/AP: "President Barack Obama's top official on tribal issues was expected to attend a summit this week in South Dakota aimed at sorting out allegations that the state regularly violates federal law by removing American Indian children from
their homes and placing them in foster care with non-Indian families."
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Mont.: Pay law firm the disputed $94, plus $5K more, top state court tells couple
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ABA Journal: "Sued by a Montana law firm over an unpaid legal bill, Daniel and Valery O'Connell anted up some $3,000 to satisfy the 2010 judgment but disputed $93.99 of the total."
Montana Supreme Court Cases
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Mont.: Appeals court won't block Yellowstone bison hazing using helicopter
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Montana Standard/AP: "A federal appeals court denied a request to block the use of a helicopter to haze wild bison as officials in southwestern Montana wrapped up the annual drive of the animals back into Yellowstone National Park."
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Other States and Jurisdictions
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U.S.: For the word on the street, courts call up an online witness
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New York Times: "The wheels of justice move slowly sometimes, but not, apparently, as slowly as Webster's New World Dictionary. Slang has always been a challenge for the courts in cases that involve vulgar or insulting language."
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Court rejects Arizona abortion law
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S.F. Chronicle: "A federal appeals court that included an ardent opponent of abortion struck down Arizona's ban on abortions after 20 weeks of pregnancy Tuesday, citing 40 years of Supreme Court precedents that allow a woman to terminate her
pregnancy if the fetus is not yet viable."
Opinion Text: Isaacson v. Horne
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Jobs
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Job Announcement
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A job announcement for an Attorney III with the Commission on Legal Counsel for Indigents in Bismarck has been posted.
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Job Announcement
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A job announcement for a full-time and a part-time Secretary I for the District Court Administrative Office in Grand Forks has been posted.
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Job Announcement
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A job announcement for a contract attorney with the N.D. Commission on Legal Counsel for Indigents in Watford City has been posted.
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Job Announcement
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A job announcement for an Attorney III with the Commission on Legal Counsel for Indigents in Williston has been posted.
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Job Announcement
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A job announcement for law clerks with the North Dakota Supreme Court in Bismarck during the 2014-2015 term has been posted.
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Job Announcement
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A job announcement for a Juvenile Court Officer I with the North Dakota Court System in Fargo has been posted.
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Job Announcement
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A job announcement for a Juvenile Court Officer I with the North Dakota Court System in Bismarck has been posted.
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Job Announcement
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A job announcement for a court reporter for the District Court in Fargo has been posted.
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