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Wednesday, July 1, 2015
Personnel Policy Board July 2 agenda
The agenda for the July 2 meeting of the Personnel Policy Board has been posted.
Law of the land: Batch of new N.D. laws take effect today
G.F. Herald: "More than 100 pieces of legislation approved by North Dakota lawmakers earlier this year will take effect today, including a change that will send a greater share of oil production tax revenue back to local governments and some more obscure mandates, such as background checks for massage therapists."
Apple conspired to fix e-book prices -- U.S. appeals court
Reuters: "A divided federal appeals court on Tuesday upheld a judge's ruling that Apple Inc had conspired with five publishers to increase e-book prices, in a win for the U.S. Justice Department. By a 2-1 vote, the 2nd U.S. Circuit Court of Appeals agreed that the conspiracy violated federal antitrust law."
  • Opinion Text: United States v. Apple, Inc.
  • Minn.: Defendants make life-changing choices through local drug court program
    West Central Tribune: "Local judges and officials are celebrating the first anniversary of the local drug court program and preparing to graduate the first offender from the program later this year. Established July 1, 2014, the Eighth Judicial District Drug Court is a specialized court program targeting nonviolent offenders suffering from addiction to alcohol or other drugs."

    North Dakota
    Meet the South Central judge applicants
    SCJD Applicants Seven lawyers have applied to become the South Central Judicial District's newest judge. The Supreme Court created the new SCJD Judgeship No. 9 to be chambered in Mandan after the legislature approved four new judgeships for North Dakota in its 2015 session. The applicants were asked to provide brief information on their background, education, and legal careers.
    Meet the Northwest judge applicants
    NWJD Applicants Four lawyers have applied to become the Northwest Judicial District's newest judges. The Supreme Court created new NWJD Judgeship No. 5 to be chambered in Watford City and Judgeship No. 6 to be chambered in Williston after the legislature approved four new judgeships for North Dakota in its 2015 session. The applicants were asked to provide brief information on their background, education, and legal careers.
    Meet the Southwest judge applicants
    SWJD Applicants Five lawyers have applied to become the Southwest Judicial District's newest judge. The Supreme Court created the new SWJD Judgeship No. 4 to be chambered in Dickinson after the legislature approved four new judgeships for North Dakota in its 2015 session. They were asked to provide brief information on their background, education, and legal careers.
    Traditional district court clerk practice falls to technological advances
    Beginning July 1, the iconic file stamp on district court documents will go the way of raised court seals and sealing wax. The advancement of technology has reached the point where it is no longer necessary to hand stamp a document to show when it was received or processed by a clerk of court.
    Appellate practice tip of the week
    Be respectful, but also be self-respectful.
  • Other appellate practice tips
  • New Disciplinary Order June 16
    The Supreme Court posted a new disciplinary order on June 16.
    New Opinion: June 18
    The Supreme Court posted a new opinion on June 18.
    Judge rules N.D. gay marriage ban 'unconstitutional and invalid' after Supreme Court decision
    Judge Ralph Erickson Dickinson Press: "A federal judge declared Monday that North Dakota's ban on same-sex marriage is "unconstitutional and invalid," following the U.S. Supreme Court's 5-4 decision Friday striking down similar bans in other states."
    8th Circuit issues opinions in two N.D. cases
    U.S. Court of Appeals for the Eighth Circuit The United States Court of Appeals has affirmed the sentence in a North Dakota drug case and affirmed a summary judgment of dismissal in a North Dakota employment case.
  • United States v. Anderson
  • Little v. Rummel

  • Federal
    Update: U.S. Supreme Court declines N.D. case
    United States Supreme Court building The U.S Supreme Court has declined to hear a N.D. Supreme Court case, Nguyen v. North Dakota, which involved a drug-dog sniffing in an apartment building hallway. The court last agreed to review a North Dakota case in 1991.
    U.S. Supreme Court opinions: June 29
    The United States Supreme Court has issued opinions in a lethal injection procedure case, a case on Arizona's electoral redistricting commission, and a Clean Air Act case on powerplant emissions.
  • Glossip v. Gross
  • Arizona Legislature v. Arizona Redistricting Commission
  • Michigan v. EPA
  • U.S.: Why Supreme Court sided with white supremacist
    Christian Science Monitor: "The US Supreme Court on Friday voted 6 to 3 to throw out part of a federal criminal sentencing law for being too broad. The federal Armed Career Criminal Act imposes a minimum 15-year sentence when a defendant is convicted of possessing a firearm and has already been convicted of at least three qualifying crimes, including violent felonies, burglary, and arson."
  • Opinion Text: Johnson v. United States
  • U.S.: Supreme Court will hear new challenge to affirmative action
    USA Today: "The Supreme Court handed opponents of affirmative action policies a potential victory Monday by agreeing to hear another challenge to the University of Texas' use of racial preferences in admissions. The one-line order represents a new chapter in a seven-year dispute initiated when Abigail Fisher, a white applicant, was denied admission to the state university's flagship campus in Austin."

    Minnesota
    Minn. ruling: Cop can be sued for stolen squad car's role in fatal crash
    Minnesota Great Seal CBS Minnesota News: "A Crookston, Minnesota, police officer whose stolen squad car was involved in a fatal crash in 2011 is now facing a civil lawsuit. The Minnesota Court of Appeals upheld a lower court's decision that officer Don Rasicot is not immune to a lawsuit, because he left his squad car unlocked and unattended, with the engine running, 'in violation of city ordinance and police department policy.'"
  • Opinion Text: Briggs v. Rasicot
  • Minn.: District court's decision on Level 3 offender affirmed by state
    Brainerd Dispatch: "A Level 3 predatory offender living near the vicinity of Wise Road and Gregory Way in rural Brainerd lost an appeal regarding the conditional release portion of his sentence. Christopher Eugene Wheeler, 41, challenged in the Minnesota State Court of Appeals to correct his district court sentence."
  • Opinion Text: Wheeler v. State

  • South Dakota

    Montana

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Bismarck/Mandan has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I position with the District Court in Rolla 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 five law clerks with the North Dakota Supreme Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Disciplinary Counsel with the Office of Disciplinary Counsel in Bismarck has been posted.
    Job Announcement
    A job announcement for a Temporary Deputy Clerk of District Court I with the District Court in Dickinson has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Watford City has been posted.
    Job Announcement
    A job announcement for a Contract Attorney with the Commisssion on Legal Counsel for Indigents in Stutsman County has been posted.
    Job Announcement
    A job announcement for an Electronic Court Recorder with the District Court in Williston has been posted.
    Job Announcement
    A job announcement for an Electronic Court Recorder with the District Court in Watford City has been posted.

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