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Monday, April 27, 2015
Judgeship retained at Grand Forks
The Supreme Court has retained at Grand Forks the judgeship previously held by Judge Lawrence Jahnke, who retired March 1.
Appellate practice tip of the week
"The best arguments are those that tell us how you believe we can do justice and maintain the integrity of the law at the same time." - former Justice Robert Vogel
  • Other appellate practice tips
  • U.S. Supreme Court April 27 arguments
    United States Supreme Court building Monday, the United States Supreme Court will hear arguments in a case on whether a pretrial detainee making an excessive force claim needs to show that a state actor applied force recklessly and acted with reckless disregard for the detainee's rights.
  • Kingsley v. Hendrickson
  • U.S. Supreme Court April 28 arguments
    Tuesday, the United States Supreme Court will hear arguments in consolidated cases regarding state restrictions on gay marriage.
  • Tanco v. Haslam
  • U.S. Supreme Court April 29 arguments
    Wednesday, the United States Supreme Court will hear arguments in a case on whether a circuit court may review a Board of Immigration Appeals' rejection of a petitioner's request to equitably toll a deadline and a case involving execution protocols when lethal injection is used.
  • Mata v. Holder
  • Glossip v. Gross
  • Getting to the root: Grand Forks judge talks treatment with adult offenders
    Judge Don Hager G.F. Herald: "Every week or so, Grand Forks District Judge Don Hager meets with adult offenders, not to hand down penalties, but to talk about treatment. 'It's me as a judge trying to get them to open up a little bit and ... tell me how they've been doing,' Hager said."
    Mont.: Supreme Court orders re-sentencing in incest case
    Montana State Seal NBC Montana News: "The Montana Supreme Court has ordered a western Montana man who was convicted of incest, rape and sexual assault to be re-sentenced, agreeing that the judge failed to give him credit for time served between his arrest and sentencing."
  • Order Text: Guill v. Kirkegard
  • S.D.: Putting 24/7 to the test
    KELO News: "If it's a clean blow - you can go. That's the entire premise of South Dakota's popular 24/7 program. It's a program that requires offenders who face drunk driving charges to stop by the sheriff's office twice a day to take a breathalyzer test. If they blow triple zeros; they can stay out of jail."
    Judge's ruling nears, but no legislative movement on Minnesota sex offender program
    G.F. Herald: "The final countdown has begun for a Minnesota sex offender treatment program. After three years of legal motions, court orders and stern warnings from a federal judge, the Minnesota Legislature finally will find out whether the state-operated program to treat its most dangerous sex offenders passes constitutional muster."
    MN Supreme Court reverses Fraga conviction, remands back for new trial
    Minnesota Great Seal KWOA News: "The Minnesota Supreme Court has reversed the Josue Fraga conviction and remanded the case back to Nobles County District Court for a new trial based on juror bias, according to documents released [April 22]."
  • Opinion Text State v. Fraga
  • Job Announcement
    A job announcement for a City Attorney with the City of Dickinson has been posted.

    North Dakota
    New Opinions: April 22
    The Supreme Court posted four new opinions on April 22.
    May Term of Court
    North Dakota Supreme Court
    The May term of court has been posted, including issues and briefs.
    Free Law Day CLE to be held May 1 in Grand Forks
    The Greater Grand Forks County Bar Association and Grand Forks Court Administration are sponsoring a free Law Day CLE. The CLE will be held from 2-4 p.m. on May 1 in Courtroom 202 of the Grand Forks County Courthouse. The CLE has been approved for 2.0 N.D. CLE Credits.
    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.
    Court approves juvenile rule amendments
    The Supreme Court has approved rule amendments related to practice and procedure in the juvenile courts. The amendments affect the N.D. Rules of Juvenile Procedure, Rule of Evidence 1101, and the Unified Judicial System Policies. The amendments take effect May 1.
    Court seeks comment on proposed child support rule
    The Supreme Court has issued a notice of comment on proposed new N.D. Rule of Court 8.14. The new rule relates to termination of child support orders. Comments are due May 1.
    Federal district court grants state's motion to join challenge
    The Federal District Court for the District of Wyoming has now issued an order permitting North Dakota to intervene as a party, joining the State of Wyoming, in a challenge to the US Bureau of Land Management's (BLM) authority to impose federal regulations on hydraulic fracturing practices.
    8th Circuit issues opinion in N.D. case
    The United States Court of Appeals for the Eighth Circuit has released an opinion in a North Dakota case. The court affirmed the denial of disability benefits and supplemental security income.
  • Fowler v. Colvin

  • Federal
    9th Circuit: After court adjourns, 9th Circuit judge's movie nights are a hit
    LA Times: "It's movie night at the courthouse. U.S. 9th Circuit Court of Appeals Judge Alex Kozinski, his identification and security tags hanging from his neck, greets dozens of people who have shown up early for a guided tour of the court's headquarters, an ornate columned building on the edge of San Francisco's seamy Tenderloin."
    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.

    Minnesota

    South Dakota
    South Dakota: USD law school trying to clear stench
    Argus Leader: "An odor that smells like rotting onions has been a problem this school year in the University of South Dakota's School of Law building."
    South Dakota: Judge delays execution of South Dakota inmate
    Argus Leader: "A South Dakota death row inmate's execution has been delayed pending resolution of his latest appeal. Circuit Court Judge Douglas Hoffman signed a stay of execution late Thursday afternoon for Rodney Berget."

    Montana

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a Contract Attorney with the Commission on Legal Counsel for Indigents in the Northeast Judicial District has been posted.
    Job Announcement
    A job announcement for an Administrative Assistant I position with the District Court Administrative Office in Fargo 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 a Contract Attorney with the Commission on Legal Counsel for Indigents in the Northwest Judicial District has been posted.
    Job Announcement
    A job announcement for an Attorney III with the North Dakota Department of Transportation in Bismarck has been posted.
    Job Announcement
    A job announcement for a Legal Secretary with the Burleigh County State's Attorney's Office in Bismarck has been posted.
    Job Announcement
    A job announcement for a Judicial Assistant with the North Dakota Supreme Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court III with the District Court in 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 two Case Administrator I positions with the United States District Court in Bismarck and Fargo has been posted.

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