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Friday, March 27, 2015
Monday at the Court
9:30am Estate of Nelson
10:45am State v. Blackcloud

4:15pm Judicial Conference Legislative Committee - Bismarck
The Third Branch: This Week on the Hill
North Dakota Capitol For March 30-April 3, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted.
  • 64th Legislative Assembly
  • U.S. Supreme Court March 30 arguments
    United States Supreme Court building Monday, the United States Supreme Court will hear arguments in a case on whether indigent prisoners are entitled to government funds to present new claims of mental incompetency in post-conviction proceedings in state court
  • Brumfield v. Cain
  • Minnesota judges, jurors may see significant compensation boost
    Minneapolis Star Tribune: "In Hennepin and Ramsey counties, jury duty often comes at a price. For nearly a decade, jurors have received $10 a day for parking, bus fare or lunch in exchange for spending long hours in a courtroom."
    Is it legal for US military to scan the public's computers for kid porn?
    Ars Tecnica: "A federal appeals court is having second thoughts about its decision frowning on the US Navy for scanning every computer in the state of Washington accessing Gnutella, a large peer-to-peer network. The September decision thwarted a child pornography prosecution that began when a Naval Criminal Investigative Service agent in Georgia discovered the illicit images on a civilian's computer in Washington state."
    S.D.: In symbolic case, Native American man beats fishing-without-license charge
    Rapid City Journal: "A Native American man scored a legal and symbolic court victory on Thursday in Rapid City with his acquittal on a charge of fishing without a license. James Swan, 53, an enrolled member of the Cheyenne River Sioux Tribe and a Rapid City resident, represented himself in 7th Circuit Magistrate Court at the Pennington County Courthouse."
    Mont.: Supreme Court upholds $150K restitution in securities fraud
    Montana State Seal NBC Montana News/AP: "The Montana Supreme Court has upheld a $150,000 restitution award in a securities fraud case against a Hamilton pastor, but reversed his conviction for fraudulent practices and sent the case back to District Court for a new trial."
  • Opinion Text: State v. Himes
  • Veterans Court now available for veterans charged with federal crimes in Montana
    KXLH News: "Chief U.S. District Court Judge Dana Christensen, Chief Montana District Court Judge Gregory Pinski of Great Falls, and Montana's U.S. Attorney Mike Cotter announced on Thursday that qualifying veterans charged with federal crimes are now eligible to participate in Veterans Court, an alternative to prison."
    Calif.: 'Obsessively frugal' lawyer leaves $3.3M to Skid Row charities
    ABA Journal: "A former lawyer for the Veterans Administration who invested in stocks and lived a frugal lifestyle has left $3.3 million to Skid Row charities in his will. Delmer Clarence Kallberg was 98 when he died about a year and a half ago, the Los Angeles Times reports."
    Job Announcement
    A job announcement for a Programmer Analyst I with the Court System Information and Technology Division in Bismarck has been posted.
    Job Announcement
    A job announcement for an Attorney with the North Dakota Insurance Department in Bismarck has been posted.

    North Dakota
    New Opinions: March 24
    The Supreme Court posted 23 new opinions on March 24.
    Hager, Romanick investitures set for April 10 in Grand Forks
    Judges Donald Hager and Lolita Romanick Northeast Central Judicial District Judges Donald Hager and Lolita Romanick will be formally installed on the bench in an investiture ceremony on April 10 at Noon in Courtroom 303 of the Grand Forks County Courthouse. A reception will follow the ceremony.
  • Judge Donald Hager Biography
  • Judge Lolita Romanick Biography
  • Gov. appoints Hager, Romanick to fill NEC judge vacancies
  • Appellate practice tip of the week
    If material considered by the trial court is not in the record, a motion to correct the record should be made to the trial court.
  • See N.D.R.App.P. 10(h).
  • Other appellate practice tips
  • N.D. Courts, Bismarck Public Schools to present youth mental illness event
    The North Dakota Courts and the Bismarck Public Schools will present 'Child/Adolescent Mental Illness: Why You Matter' at 7 p.m. on April 7 at Horizon Middle School. Mental health advocate and author Liza Long will speak at the event.
    The Third Branch: This Week on the Hill
    North Dakota Capitol For March 23-27, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted.
  • 64th Legislative Assembly
  • April Term of Court
    North Dakota Supreme Court
    The April term of court has been posted, including issues and briefs.
    Minority Justice Implementation Committee 2014 Annual Report
    The Minority Justice Implementation Committee has posted its 2014 Anuual Report. The report contains short descriptions of study areas, recommendations, and the committee's implementation efforts.
    Joint Committee on Attorney Standards March 27 agenda
    The agenda for the March 27 meeting of the Joint Committee on Attorney Standards and the committee's Jan. 23 minutes have been posted.
    Juvenile Policy Board March 27 agenda
    The agenda for the March 27 meeting of the Juvenile Policy Board and the board's Dec. 21, 2014, minutes have been posted.
    Court seeks comment on proposed amendments to juvenile rules and policies
    The Supreme Court is seeking comment on proposed amendments to the Rules of Juvenile Procedure, Rule of Evidence 1101, and the Judicial System Policies. Comments are due March 31.
    Court seeks comment on amendments to interpreter rules
    The Supreme Court has issued a Notice of Comment on proposed amendments to Administrative Rule 50, Civil Procedure Rule 43, Criminal Procedure Rule 28, and Trial Court Administrative Policy 522 relating to interpreters. Comments are due April 20.
    Federal Public Defender announces CJA panel attorney training
    The Federal Public Defenders Office will hold the annual Criminal Justice Act panel attorney training in Bismarck on May 11, Minot on May 12, Grand Forks on May 13 and Fargo on May 14. Training sessions will start at 8:30 a.m. each day.

    Federal
    U.S.: Two Supreme Court justices say criminal-justice system isn't working
    Justice Anthony Kennedy Wall Street Journal: "Two Supreme Court justices told a House subcommittee Monday that the American criminal-justice system is too harsh, locks up too many people for too long and does so at an ultimate cost to public safety. 'This idea of total incarceration just isn't working,' Justice Anthony Kennedy said, speaking at a House Appropriations Committee hearing."
    U.S. Supreme Court opinions: March 24
    The United States Supreme Court has issued opinions in a securities case involving statements made in connection with a public stock offering and a trademark case raising issue preclusion questions.
  • Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund
  • B&B Hardware, Inc. v. Hargis Industries, Inc.
  • U.S. Supreme Court opinions: March 25
    United States Supreme Court building The United States Supreme Court has issued opinions in a discrimination case involving accomodations for a pregnant worker and in a redistricting case from Alabama in which race-based gerrymandering was alleged.
  • Young v. United Parcel Service, Inc.
  • Alabama Legislative Black Caucus v. Alabama
  • U.S.: Obama, opponents take air pollution fight to high court
    USA Today: " Clean air regulations that could save thousands of lives each year but cost billions of dollars to implement will be considered by the Supreme Court on Wednesday in a case that portends future legal battles over climate change."
    Investor suits limited by top U.S. court in Omnicare case
    Bloomberg Business: "The U.S. Supreme Court laid down new rules for lawsuits that accuse companies of being deceptive when they sell stock to the public, giving a partial victory to the nursing-home pharmacy Omnicare Inc. The unanimous ruling centered on opinions expressed in the documents companies must file with regulators."
    Major trials prompt calls for cameras in federal courtrooms
    Associated Press: "High-profile cases playing out in federal court are prosecuted on behalf of the American public, but the public has been largely barred from watching them. In Boston, reporters have mobbed the trial of Boston Marathon bomber Dzhokhar Tsarnaev but can't take photos or videos inside the courtroom."
    U.S.: Justices ask if clear air rules are 'appropriate'
    USA Today: "The Supreme Court spent 90 minutes Wednesday debating the meaning of the word 'appropriate.' What it decides could determine whether a clean air regulation 25 years in the making goes into effect next month or back to the drawing board. The case involves potentially major health and environmental benefits from the reduction of mercury and other airborne toxins - as well as potentially huge costs for power plants and, ultimately, consumers."
    U.S.: Supreme Court rules in favor of protecting pregnant women in UPS case
    Christian Science Monitor: "The US Supreme Court on Wednesday made it substantially easier for a pregnant worker to litigate and win a pregnancy discrimination lawsuit against her employer if workplace policies impose a significant burden."
    U.S.: Supreme Court rules against Alabama in redistricting case
    New York Times: "The Supreme Court on Wednesday sided with black and Democratic lawmakers in Alabama who said the State Legislature had relied too heavily on race in its 2012 state redistricting by maintaining high concentrations of black voters in some districts.The vote was 5 to 4, with Justice Anthony M. Kennedy joining the court's four more liberal members to form a majority."
  • USA Today: Court's lone black justice rails against 'racial quotas'

  • Minnesota
    Minn.: Housing, supportive services improve drug court participant success
    Le Center Leader: "Rick Goodemann knows affordable housing. His agency, Southwest Minnesota Housing Partnership, is considered the go-to place for communities in need of life cycle housing. St. Peter's City Council has tapped into the partnership several times in developing affordable home ownership and rental options."
    Minnesota's first execution still a tantalizing tale
    St. Paul Pioneer Press: "On the morning of March 23, 1860, a convicted murderer mounted a scaffold in downtown St. Paul, said a few last prayers as the noose was fastened, and stepped onto the drop. When the sheriff released the platform, the sad, spectacular story of Ann Bilansky passed into Minnesota history."
    U.S. Supreme Court won't review decision that struck down Minnesota campaign law
    Minneapolis Star Tribune: "The U.S. Supreme Court has denied a request to review a lower-court decision that struck down a 101-year-old Minnesota law that made it a crime to make false political statements about a ballot question."

    South Dakota
    S.D.: Federal appeals court says wrongful death lawsuit can proceed
    U.S. Court of Appeals for the Eighth Circuit Rapid City Journal: "A federal appellate court has ruled that the Pennington County deputy who shot and killed Christopher Capps in May of 2010 is not immune from a wrongful-death lawsuit. Deputy David Olson sought to have the case dismissed, claiming he was a public employee and thus immune from prosecution."
  • Opinion Text: Capps v. Olson

  • Montana
    Mont.: Supreme Court orders changes to substitution of justice rule
    Montana State Seal State Bar of Montana: "The Montana Supreme Court issued an order Tuesday to implement new rules on substitution of district judges to address what the Montana Judges Association has characterized as 'obvious abuse of the rule.'"
  • Montana Supreme Court Order
  • MT Dept. of Justice launches email notification system for offender registry
    KTVH News: "The Montana Department of Justice announced Wednesday a new service that allows the public to be automatically notified by email whenever a sexual or violent offender moves into a zip code of interest to subscribers."

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a State's Attorney for Renville County in Mohall has been posted.
    Job Announcement
    A job announcement for a temporary attorney (public defender) with the Commission on Legal Counsel for Indigents in Williston has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney with the Ward County State's Attorney's Office in Minot has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney with the Grand Forks County State's Attorney's Office in Grand Forks has been posted.
    Job Announcement
    A job announcement for a Field Placement/Rural Justice Coordinator with the University of North Dakota School of Law in Grand Forks has been posted.
    Job Announcement
    A job announcement for an Administrative Assistant I with the Juvenile Court in Bottineau has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Rolla 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 with the Williams County State's Attorney's Office in Williston has been posted.

    Supreme Court - Judicial Wing, First Floor - State Capitol - Bismarck, ND 58505-0530
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