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Wednesday, July 27, 2016
Today at the Court
ND Children's Justice Symposium - Bismarck
New Opinion: July 26
The Supreme Court posted a new opinion on July 26.
N.D. Attorney General open meetings opinions: July 26
N.D. Attorney General Wayne Stenehjem Attorney General Wayne Stenehjem has issued opinions that: the Sargent County Social Service Board had legal authority to close a portion of its meeting to discuss confidential case information; the Griggs County Commission did not follow the proper procedures when it held an executive session; and the McKenzie County Ambulance Service Board is a public entity subject to the open meeting requirements.
  • A.G. Opinion 2016-O-12
  • A.G. Opinion 2016-O-13
  • A.G. Opinion 2016-O-14
  • N.D. Attorney General letter opinion: July 26
    Attorney General Wayne Stenehjem has issued an opinion that the Circle of Friends Humane Society can require members to vote by signed ballot when electing the Board of Directors because the requirement in the open meetings law for a recorded roll call vote applies to the governing body, not to a vote of the members of a nonprofit corporation.
    ND Incarceration Issues Committee refocusing rehabilitation efforts
    KFYR News: "The Council of State Governments says if you spend less on keeping people locked up, you can use that money to prevent future crimes and keep the public safer. That's called justice reinvestment. The Incarceration Issues Committee is trying to find a way to make it work in a way that makes sense for North Dakota."
    McCumber from Wahpeton longest serving ND senator
    Porter J. McCumber Fargo Forum: "The longest-serving U.S. senator from North Dakota during the first 70-years of statehood was a conservative attorney from Wahpeton. Porter J. McCumber opposed American involvement in foreign wars and favored tariffs on foreign goods. He fought for increased benefits for military veterans, but opposed extending voting privileges to women."
    U.S.: Justices show how disclosing revisions offers (confers?) benefits
    United States Supreme Court building New York Times: "Supreme Court opinions are not set in stone. Justices keep editing them after they are issued, correcting factual errors and even misstatements of law. For decades, those changes were made largely out of sight. But in October, on the first day of the term, the court announced that it would start disclosing after-the-fact changes to its decisions."
    Mont.: High court won't combine lake erosion cases
    Daily Inter Lake: "The Montana Supreme Court on Monday denied a request for a single jury to hear related cases on Flathead Lake shoreline erosion. The court ruled against a former Kerr Dam operator that wanted a single jury to determine if it is liable for shoreline erosion caused by water-level fluctuations on Flathead Lake."
  • Order Text: PPL, Inc. v. 11th Judicial District Court
  • Man says drugs weren't his; MN Court of Appeals disagrees
    KIMT News: "An Olmsted County man who said the drugs weren't his has lost his appeal. 50-year-old Michael Bruce Rostie was arrested in April, 2014, and charged with 1st degree sale of methamphetamine, 2nd degree possession of meth and storing meth in the presence of a child."
  • Opinion Text: State v. Rostie
  • Job Announcement
    A job announcement for an Assistant State's Attorney for Williams County in Williston has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Morton County in Mandan has been posted.

    North Dakota
    September Term of Court
    North Dakota Supreme Court
    The September term of court has been posted, including issues and briefs.
    Children's Justice Symposium set
    Jamestown Sun: "Professionals who work with children and families are invited to attend the North Dakota Children's Justice Symposium Tuesday through Thursday at the Best Western Ramkota Hotel in Bismarck.The symposium features workshops on topics including strategies and resources for serving children and families more effectively and enhancing collaboration and child welfare leadership."
    Appellate practice tip of the week
    If you disagree with the other party's statement of facts, point out the disagreements in your statement of facts. Don't just say you will point them out in the argument section of your brief.
  • Other appellate practice tips
  • Big Muddy Bar hosts The Banquet in Bismarck
    The Banquet serving line The Big Muddy Bar Association hosted the Banquet at Trinity Lutheran Church in Bismarck July 21. The Banquet is a community event, hosted by various groups and served each week on Thursday evening. There is no cost to the guests, many of whom attend because they are lonely or appreciate the gift of a meal. Here are the photos.
    Joint Procedure Committee May 12-13 minutes
    The minutes of the Joint Procedure Committee's May 12-13 meeting have been posted.
    Court adopts amendments to administrative rules
    The Supreme Court has adopted amendments to two Administrative Rules: Rule 6.1 on administrative units and Rule 46 on the duties and appointment of the district court clerk. The amendments clarify oversight of work performed by county-employed clerks of court and take effect August 1.
    Court adopts amendments on limited scope representation
    The Supreme Court has adopted amendments to N.D.R.Civ.P. 11 on signing of pleadings, motions and other papers; N.D.R.Ct. 11.2 on withdrawal of attorneys; and N.D.R. Prof. Conduct 1.2 on scope of representation. The amendments are intended to facilitate increased use of limited scope representation and take effect August 1.
    North Dakota School-Justice Symposium to be held in Bismarck on Aug. 9
    The North Dakota Supreme Court, Bismarck Public Schools and the North Dakota Juvenile Justice State Advisory Group are sponsoring a symposium for schools, courts, law enforcement and other community partners on keeping kids in school on Aug. 9 at Legacy High School in Bismarck.
    Despite similar work, North Dakota's public defenders paid thousands less than prosecutors
    Bismarck Tribune: " In the courtroom, public defenders and prosecutors are equals. But in North Dakota, that spirit of parity doesn't extend to their paychecks, according to a salary survey by the state commission that oversees public defenders. The survey revealed that supervising attorneys in public defender offices earn an average of $32,000 less than state's attorneys and nearly $12,000 less than senior assistant state's attorneys."
    Known for humor and tax expertise, longtime legislative attorney Walstad retiring
    John Walstad Dickinson Press: "As he counted down the days to retirement, John Walstad summed up his 35 years of drafting bills for North Dakota lawmakers with the dry wit that endeared him to so many in the Capitol. 'I do what I understand they want, as best I can,' he said, 'and then I hand it to them and say, 'OK, it's your problem now.'"



    South Dakota
    S.D.: Court agrees insurance company doesn't owe shooting victim
    Rapid City Journal: "The South Dakota Supreme Court has agreed insurance benefits weren't owed to a young man who had been shot in the head with a handgun by another student. The incident occurred while they were in the shooter's pickup truck in the Britton-Hecla High School parking lot three years ago."
  • Opinion Text: Heitman v. American Family Ins. Co.

  • Montana

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for an Attorney II (Public Defender) with the Commission on Legal Counsel for Indigents in Williston has been posted.

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