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Thursday, May 28, 2015
Tomorrow at the Court
9:30am Personnel Policy Board - Bismarck
New Opinions: May 27
The Supreme Court posted 23 new opinions on May 27.
UND School of Law to honor Trelfa
Phyllis Trelfa The UND School of Law will be hosting a retirement reception honoring Phyllis Trelfa. She served as an assistant in the Dean's Office for over 20 years supporting students, faculty and staff. The reception will be on Thursday, June 4, from 4-6 p.m. at the North Dakota Museum of Art on the UND Campus. All alumni and friends are invited to attend.
  • UND: Retirement reception honoring Phyllis Trelfa
  • Personnel Policy Board May 29 agenda
    The agenda for the May 29 meeting of the Personnel Policy Board and the board's Feb. 27 and March 26 minutes have been posted.
    US appeals court rejects Arkansas' 12-week abortion ban based on fetal heartbeat
    U.S. Court of Appeals for the Eighth Circuit U.S. News and World Report/AP: "A federal appeals court struck down one of the nation's toughest abortion restrictions on Wednesday, ruling that women would be unconstitutionally burdened by an Arkansas law that bans abortions after the 12th week of pregnancy if a doctor can detect a fetal heartbeat."
  • Opinion Text: Edwards v. Beck
  • Mont.: Supreme Court upholds dismissal of discrimination suit against Bozeman police
    Bozeman Chronicle: "The Montana Supreme Court has upheld a local judge's decision to dismiss a discrimination lawsuit against the Bozeman Police Department. In its 5-0 opinion published Tuesday, the state's high court affirmed Gallatin County District Judge Holly Brown's dismissal of a 2012 lawsuit against Bozeman police. Corey Hansen, a disabled veteran from Billings who was refused a room at a Bozeman hotel, filed the suit."
  • Opinion Text: Hansen v. Bozeman Police Dept.
  • Minn.: Aurora man's child abuse conviction overturned
    Minnesota Great Seal Duluth News Tribune: "The Minnesota Court of Appeals on Tuesday reversed an Aurora man's child abuse conviction, finding that the evidence in the case was insufficient to prove that his infant daughter's injuries were deliberately inflicted."
  • Opinion Text: State v. Kjellberg
  • Nebraska lawmakers abolish the death penalty, narrowly overriding governor's veto
    Washington Post: "Nebraska lawmakers voted to abolish the death penalty Wednesday, overriding a veto from the governor and making that state the 19th in the country to ban capital punishment. The narrow vote in Lincoln on Wednesday made Nebraska the first state in two years to formally abandon the death penalty."

    North Dakota
    NEJD Judge Sturdevant announces retirement
    Judge Michael Sturdevant Northeast Judicial District Judge Michael Sturdevant has announced his retirement effective Sept. 1. In a letter to Governor Jack Dalrymple, Sturdevant wrote that it was his "pleasure and honor to serve in this essential position." Sturdevant was appointed to his judgeship in 2006 by Gov. John Hoeven.
    June Term of Court - Updated
    North Dakota Supreme Court
    Four additional cases have been added to the June term of court. They are the 2:45 cases on June 15, 22, 23, and 29.
    UND's Alleva listed among nation's best law professors
    Prof. Patty Alleva UND Discovery Magazine: "UND Law Professor Patti Alleva is among the nation's best law professors, according to a new Harvard University Press publication called 'What the Best Law Teachers Do.' Alleva, the Rodney and Betty Webb professor of law at UND, is one of just 26 law professors included in the book, which is the result of a four-year study undertaken by prominent legal scholars."
    Appellate practice tip of the week
    Except for brief excerpts showing the judge's reasoning, district court transcripts filed in electronic form may not be included in the appendix.
  • See N.D.R.App.P. 30(a)(2)
  • Other appellate practice tips
  • Board of Law Examiners Directory Survey
    The Board of Law Examiners is conducting a survey about utilization of the printed and online Judges and Lawyers Directory. Lawyers, court personnel, paralegals, administrative assistants, and other directory users are asked to respond to a very brief survey. The survey will be available through June 15 and can be accessed by clicking on the following link:
  • Directory Survey
  • Court adopts amendments to electronic filing rule
    The Supreme Court has adopted amendments to N.D.R.Ct. 3.5 on Electronic Filing in the District Courts. The amendments remove Word documents from the list of approved formats for electronic filing. The amendments take effect June 1.
    Parenting Investigator/Legal Guardian ad Litem 18-hour certification training
    Parenting Investigator/Legal Guardian ad Litem certification training will be offered June 17-19 in Bismarck.This 18-hour orientation will provide interactive projects and group discussions. Sessions will focus on understanding the role of the parenting investigator and guardian ad litem, gathering information, interviewing, applying the best interest factors, writing a parenting investigator report, and testifying in the court room. This course qualifies for the 18-hour orientation training required by Rules 8.6 and 8.7 of the North Dakota Rules of Court.
    North Dakota Attorney General's office seeks attorneys for university system
    G.F. Herald: "The Office of the North Dakota Attorney General is hiring six legal positions to oversee the 11 institutions governed by the State Board of Higher Education. This comes after a statute passed during the recently completed legislative session eliminated the board's authority--and therefore the school's authority as well--to employ legal counsel and instead gave that charge to the attorney general's office."
    Attorney general: Premature to opine on election law
    N.D. Attorney General Wayne Stenehjem Dickinson Press: "The North Dakota Attorney General says it's premature to issue an opinion on whether federal campaign contribution laws apply to state candidates. In a letter to state Democratic legislative leaders, Wayne Stenehjem cited a recent Federal Election Commission complaint filed by Democrats in Grand Forks over foreign campaign contributions to Republican candidates."

    U.S. Supreme Court opinions: May 26
    United States Supreme Court building The United States Supreme Court has issued opinions in a bankruptcy case involving a trust administered by the debtor, a False Claims Act case against a military contractor, and a wireless networking patent infringement case.
  • Wellness Int'l Network Ltd. v. Sharif
  • Kellogg Brown & Root Services, Inc. v. United States
  • Commil USA, LLC v. Cisco Systems, Inc.

  • Minnesota
    At some MN clinics, the doctor and lawyer will see you now
    MPR News: "The state's first medical-legal partnership began more than 20 years ago at Community University Health Care Center in Minneapolis. Whittier, also in Minneapolis, began in 2013. A third partnership opened this spring at a St. Cloud clinic. Hamline University's law school is setting up a similar relationship with a clinic in St. Paul."
    Minn. appeals court: Criminal defamation law is unconstitutional
    Minnesota Great Seal CBS Minnesota News/AP: "The Minnesota Court of Appeals ruled Tuesday that a state law making it illegal to defame someone is unconstitutional because it's too broad. The decision reverses the conviction of Timothy Turner, who was found guilty of criminal defamation after he posted sexually explicit Internet ads in 2013 that appeared to be posted by his ex-girlfriend and her underage daughter."
  • Opinion Text: State v. Turner

  • South Dakota

    Mont.: UM law school name change, tuition freeze approved
    Montana Great Falls Tribune/AP: "The University of Montana School of Law will be renamed within the next month for a Great Falls attorney who donated $10 million, after the state Board of Regents approved the plan on Friday. The board approved the contract between Alexander Blewett III, his wife, Andrea, and the university by a unanimous vote with one abstention during its meeting in Kalispell."
    Court reverses ruling on Montana campaign contribution limits
    Missoulian/AP: "States may cap political donors' campaign contributions only if they can show that those limits are preventing corruption or the appearance of corruption, a federal appeals court ruled Tuesday. The ruling by a three-judge panel from the 9th U.S. Circuit Court of Appeals in a Montana case could make it more difficult for states to defend their restrictions on the amount of money that individual donors give candidates in state elections."
  • Opinion Text: Lair v. Bullock

  • Other States and Jurisdictions
    'Ransomware' software attacks stymie law firms
    ABA Journal: "In the annals of Internet crime, 'ransomware' -- software that freezes up a computer, encrypts all its data and demands a ransom for the system's restoration -- is especially malicious. And attorneys are among the targets."

    Job Announcements
    Job Announcement
    A job announcement for a Contract Attorney with the Commisssion on Legal Counsel for Indigents in Watford City and Williston has been posted.
    Job Announcement
    A job announcement for a Law Clerk with the District Court in Williston 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 six Assistant Attorney General positions with the North Dakota Office of Attorney General in Grand Forks, Fargo and Bismarck has been posted.
    Job Announcement
    A job announcement for an Electronic Court Recorder with the District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Legal Administrative Assistant for the City of Minot has been posted.
    Job Announcement
    A job announcement for an Assistant City Attorney for the City of Minot has been posted.
    Job Announcement
    A job announcement for five law clerks with the North Dakota Supreme Court in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney I with the Stark County State's Attorney's Office in Dickinson has been posted.
    Job Announcement
    A job announcement for an Attorney I with the Regional Child Support Office in Fargo has been posted.
    Job Announcement
    A job announcement for a Legal Assistant I with the McKenzie County State's Attorney Office in Watford City has been posted.

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