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Thursday, May 26, 2016
Tomorrow at the Court
9:30am Hieb v. State
10:45am Interest of D.W.
Waived State v. Hirschkorn
Waived State v. Phelps
Waived Beeter v. State
June Term of Court
North Dakota Supreme Court
The June term of court has been posted, including issues and briefs.
Court seeks comment on NECJD judge vacancy
The Supreme Court has issued a Notice of Consultation seeking comment on the judicial vacancy in the Northeast Central Judicial District that will be created by Judge Debbie Kleven's resignation. Comments are due June 27.
Judge Maurice Hunke 1939-2016
Judge Maurice Hunke Retired District Judge Maurice Hunke, 77, died May 21. A UND School of Law graduate, he was admitted to the bar in 1963. He was appointed district judge in 1981 and left office in 2000. Private family services will be held.
  • Judge Maurice Hunke Biography
  • US appeals court revisits Texas voter ID law
    ABC Fox Montana News/AP: "Whether a strict Texas voter ID law should be struck down, upheld, or, perhaps, adjusted is now up to 15 federal appeals court judges. The full 5th Circuit Court of Appeals heard arguments Tuesday about the law, which requires voters to present one of seven specific forms of photo ID to cast a ballot."
    Talking Book Library brings Montana Constitution to life
    Helena Independent Record: "On May 26, 1864, the Territory of Montana was established. Now, 152 years later the state's constitution is available for people with physical and visual impairments, announced Secretary of State Linda McCulloch on Monday."
    Minn.: Court of Appeals affirms ruling in 2014 stabbing case
    Minnesota Great Seal Daily Globe: "A guilty verdict of assault and possession of an explosive device by a prohibited person has been affirmed by the Minnesota Court of Appeals in the case of a Jeffers man. A Cottonwood County jury found Scott Jeffrey Hanson guilty in January 2015, with the verdict based on evidence that Hanson stabbed a neighbor and threatened a law enforcement officer."
  • Opinion Text: State v. Hanson
  • Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Jamestown has been posted.

    North Dakota
    Judge Debbie Kleven to resign
    Judge Debbie Kleven Northeast Central Judicial District Judge Debbie Kleven announced she is resigning effective Aug. 8 in a letter to Gov. Jack Dalrymple. With Kleven's resignation, Judge Jon Jensen becomes the most senior judge in the district with less than 2½ years service.
  • Judge Kleven's Resignation Letter
  • Judge Kleven Biography
  • Mary Elizabeth Longie-Goodell 1971-2016
    Mary Elizabeth Longie-Goodell Attorney Mary Elizabeth Longie-Goodell died May 17. She was a 1997 UND School of Law graduate who practiced law in North Dakota, Minnesota and Colorado. Her funeral will be held Tuesday, May 24, at 1 p.m. at Gilbertson Funeral Home in Devils Lake.
  • Mary Elizabeth Longie-Goodell Attorney Record
  • Cpt. Carlan Kraft, Bismarck
    Carlan Kraft Bismarck Tribune: "An Army helicopter dropped Carlan Kraft into a clearing in the Vietnamese jungle with $100,000 in his backpack in June 1970. He told the pilot to come back in 30 minutes. Kraft and one other officer waited for a local woman who had said she could deliver American, Thai and Vietnamese prisoners of war."
  • Carlan Kraft Attorney Record
  • Appellate practice tip of the week
    Answer the question when it is asked.
  • Other appellate practice tips
  • Court seeks comment on changes to rules on admission to practice
    The Supreme Court has issued a Notice of Comment seeking feedback on proposed amendments to the Admission to Practice Rules and the Rules of Professional Conduct. Comments are due June 20.
    Court seeking comment on rule changes related to limited scope representation
    The Supreme Court has issued a Notice of Comment regarding proposed rule changes related to limited scope representation. Amendments are proposed for N.D.R.Civ.P. 11, N.D.R.Ct. 11.2 and N.D.R. Prof. Conduct 1.2. Comments are due June 13.
    Bismarck small claims court information session set for June 14
    Judicial Referee Pam Nesvig will present a one-hour program to provide information to parties who plan to participate in a small claims court proceeding. The program will be held at 4:00 p.m. on Tuesday, June 14, 2016, at the Burleigh County Courthouse. No registration is required.
    New Opinion: April 21
    The Supreme Court posted a new opinion on April 21.
    Court approves amendments to judicial improvement program rule
    The Supreme Court has approved amendments to N.D. Sup. Ct. Admin. Rule 48, which governs a program to promote the self-improvement of judicial officers. The amendments are aimed at improving surveys conducted under the rule. They take effect June 1.
    Federal Public Defender office offers CJA training
    The Federal Public Defender's Office will be conducting Criminal Justice Act training in Bismarck, Fargo and Grand Forks May 24-26. The CJA governs appointment of defense attorneys in federal criminal cases.
    Courts fail to track demographics
    Bismarck Tribune: "As North Dakota grows and diversifies, its courts are not capturing demographic information about the people who go through them. Courts collect little information on the race and gender of criminal defendants, analysis from the Council of State Government's review of the state's criminal justice system shows, even though previous study of the system shows perceived racial disparities in sentencing."

    U.S. Supreme Court opinions: May 23
    United States Supreme Court building The United States Supreme Court has released opinions in a federal government employment discrimination case, a congressional redistricting case from Virginia, and a death penalty case involving race based peremptory challenges.
  • Green v. Brennan
  • Wittman v. Personhuballah
  • Foster v. Chatman
  • U.S.: Breyer says Supreme Court not diminished with only 8 members
    Justice Stephen Breyer Associated Press: " Justice Stephen Breyer said Monday that the Supreme Court has not been diminished by having only eight members since the death of Justice Antonin Scalia in February. Breyer suggested in response to questions at an awards ceremony at the Library of Congress that Scalia would have made a difference in only four or five cases out of more than 70 the court will decide this term."
    U.S.: Appeals court reverses fraud finding against Bank of America
    Associated Press: "Bank of America Corp. was not liable for fraud and subject to a penalty of over $1.2 billion for its actions before the economy collapsed in 2008 despite a jury's finding to the contrary, a federal appeals court ruled Monday."
  • Opinion Text: United States v. Countrywide Home Loans Inc.

  • Minnesota
    University of Minnesota offers working option for third-year law students
    Minneapolis Star Tribune: "Christina Squiers has one more year of law school to go. But she won't be spending much time in class next year, and already has a job guaranteed after she graduates. Squiers, 23, is one of the lucky few chosen for an innovative experiment at the University of Minnesota that will largely replace the third year of law school with hands-on experience."
  • University of Minnesota News Release
  • Minn.: Court of Appeals upholds immunity in Waseca traffic fatality
    Mankato Free Press: "The state Court of Appeals has upheld a Waseca judge's ruling that a traffic engineer used proper discretion in his decision to make changes to a Waseca intersection where a local football coach died in a wreck in 2012."
  • Opinion Text: Statz v. State

  • South Dakota
    SD Supreme Court overrules cash award in trust fund case
    Mitchell Daily Republic: "South Dakota's high court ruled that a circuit court erred in awarding money to guardians of a trust fund, held by family members in Tripp County. The South Dakota Supreme Court ordered a circuit court to hold further proceedings regarding a trust fund dispute."
  • Opinion Text: Guardianship of Novotny

  • Montana

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for State's Attorney for McHenry County in Towner has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney II for Burleigh County in Bismarck has been posted.
    Job Announcement
    A job announcement for an Attorney II (Public Defender) with the Commission on Legal Counsel for Indigents in Bismarck has been posted.
    Job Announcement
    A job announcement for five law clerk positions with the North Dakota Supreme Court in Bismarck has been posted.

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