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Friday, July 31, 2015
New Opinions: July 30
The Supreme Court posted three new opinions on July 30.
Rule changes, more training and testing, help interpreter program grow
On March 1, 2014, the North Dakota Supreme Court amended Rule of Civil Procedure 43 and Rule of Criminal Procedure 28 to require the court to provide an interpreter when someone with limited English proficiency or a deaf person is involved in a proceeding as a party, witness, or person with a significant legal interest or legal decision-making authority. On August 1, 2015, additional rule amendments intended to supplement the 2014 changes take effect.
  • Interpreter Rule Changes Effective Aug. 1, 2015
  • Drug Court teams meet with senators
    Meeting with Sen. Heitkamp Members of the Drug Court teams from Fargo, Valley City and Jamestown met July 29 with Senator John Hoeven and Senator Heidi Heitkamp in Washington, D.C. The Drug Court team members were in Washington to attend the 21st conference of the National Association of Drug Court Professionals.
    Upper Midwest Drug Court Professionals Conference set for Sept. 30-Oct. 2
    The Upper Midwest Drug Court Conference will be held September 30 - October 2, 2015 at the Cambria Conference Center in West Fargo. The conference provides an opportunity for drug court professionals to gather together for networking, training, and team building.
  • Conference Brochure
  • Expanded conceal-carry areas, earlier booze sales on Sunday among 300-plus laws taking effect Saturday
    Dickinson Press: "North Dakotans will be able to buy a beer at a restaurant an hour earlier on Sundays, carry concealed weapons in more places and legally drive a snowmobile at a younger age when more than 300 new and revised laws take effect Saturday. Of the 534 bills passed by lawmakers earlier this year, 309 hit the books Saturday."
    U.S. Justice: 'Work of freedom is never done'
    Justice Anthony Kennedy Idaho Mountain Express: "Two hundred and twenty-eight years after the U.S. Constitution was drafted, the work of forming a more perfect union, with its hallmarks of freedom, law and protection of rights, remains ongoing, U.S. Supreme Court Justice Anthony Kennedy said Thursday in Sun Valley."
    U.S.: Shrinking number of law graduates boosts employment rate for class of 2014
    ABA Journal: "The employment rate for law graduates increased for the first time since 2007, thanks partly to a smaller number of law grads. The employment rate for the class of 2014 was 86.7 percent, up from 84.5 percent last year, according to a press release by the National Association for Law Placement."
    Mont.: Supreme Court upholds DUI prevention program
    Montana State Seal ABC Fox Montana News: "A new Montana Supreme Court ruling Thursday upholds a state program for repeat DUI offenders that opts for breathalyzer tests over jail time, but was challenged for being unconstitutional. The Supreme Court ruled unanimously in favor of the 24/7 Sobriety Program."
  • Opinion Text: State v. Spady
  • How Minnesota radically changed the way it forgives criminals
    MinnPost: "Gerald Maurice Whitmore was out in Uptown, just before midnight, looking for a couple of good victims. In his early 20s, Whitmore was already a veteran member of the Crips, and the plan for this February evening was to initiate a young female recruit through a practice he called 'put in some dirt, put in some work.'"

    North Dakota
    Big Muddy Bar Association sponsors The Banquet in Bismarck
    Justice Dan Crothers The Big Muddy Bar Association sponsored and served The Banquet in Bismarck on July 23. About 330 people were served at Trinity Lutheran Church and there were about 40 take-out boxes prepared. The Banquet is a community event, hosted by various groups and served each week on Thursday evening. There is no cost to the guests. The left-over food was used to provide meals at shelters for abused adults. Here are the photos.
  • KFYR News: Bismarck Banquet continues to grow
  • Judge Hagerty named life member of Uniform Law Commission
    Judge Gail Hagerty Uniform Law Commission News Release: "North Dakota Uniform Law Commissioner and District Judge Gail Hagerty was elected to life membership in the Uniform Law Commission at the annual meeting in July. Commissioners are eligible for life membership after serving as a commissioner for 20 years."
    62 applicants begin bar exam
    Sixty-two applicants started writing the North Dakota bar examination on Tuesday. This is the lowest number of July examinees since July 2009. Tuesday's exam consisted of multistate performance tests and essays. Sixty-six percent of the applicants are graduates from the University of North Dakota School of Law. North Dakota's exam is comprised of the Uniform Bar Examination (UBE), which allows applicants to apply for admission to the bar in other states that accept the UBE scores. The two-day examination ends Wednesday.
    Chief Justice VandeWalle honored with Carrico Award
    Chief Justice VandeWalle receives Carrico Award Chief Justice Gerald W. VandeWalle was presented the Harry L. Carrico Award for Judicial Innovation on July 28 at the annual meeting of the Conference of Chief Justices and Conference of State Court Administrators in Omaha, Neb. The award honors a state chief justice who has inspired, sponsored, promoted, or led an innovation or accomplishment of national significance in the field of judicial administration.
  • Chief Justice VandeWalle receives national award
  • KFYR-TV: VandeWalle Receives National Award
  • Governor appoints Ehlis, El-Dweek, Sjue to new judgeships
    New Judicial Appointees Governor Jack Dalrymple has appointed three attorneys to fill the newly created judgeships in the Northwest and Southwest Judicial Districts. Williams County Assistant State's Attorney Kirsten Sjue was appointed to NWJD Judgeship No. 6 in Williston while Daniel El-Dweek, supervising attorney in the Williston Public Defender's Office, was appointed to NWJD Judgeship No. 5 in Watford City. Stark County Assistant State's Attorney Rhonda Ehlis was appointed to SWJD Judgeship No. 4, chambered in Dickinson.
  • Governor Dalrymple's News Release
  • Appellate practice tip of the week
    If there is legal authority that actually supports your position, put it in the body of your brief, not in a footnote.
  • Other appellate practice tips
  • Juvenile Policy Board March 27 minutes
    The minutes of the March 27, 2015, meeting of the Juvenile Policy Board have been posted.
    Court seeks comment on professional conduct rule amendments
    The Supreme Court has issued a Notice of Comment on proposed amendments to the North Dakota Rules of Professional Conduct. Comments are due by Aug. 21.
    UND Law Library temporarily closed for transition
    G.F. Herald: "The UND Law Library is closed for the time so books can be moved into the newly renovated Law School building. The bulk of the library has been temporarily housed in Strinden Hall since last summer and is now being relocated to its new home, Law School spokesman Rob Carolin said in an email."
    'Worrisome' increase in drug arrests spurs jump in N.D. crime rate
    N.D. Attorney General Wayne Stenehjem G.F. Herald: "North Dakota law enforcement agencies reported a record 4,000 drug arrests last year, a 'worrisome' increase that contributed to a 4.4 percent jump in the state's per-capita crime rate, Attorney General Wayne Stenehjem said Wednesday in releasing the state's annual crime report."
  • N.D. Crime/Homicide Reports
  • Attorney General's News Release
  • Bismarck Tribune: State crime increases in North Dakota, oil patch

  • Federal
    U.S. appeals court upholds bulk of Obama air pollution rule
    Reuters: "A U.S. appeals court on Tuesday mostly upheld a major federal environmental regulation requiring some states to limit pollution that contributes to unhealthy air in neighboring states. The U.S. Court of appeals for the District of Columbia Circuit rejected several broad challenges to the regulation."
  • Opinion Text: EME Homer City Generation v. EPA

  • Minnesota
    MN Appeals Court rejects challenge to required DUI test
    MPR News: "The Minnesota Court of Appeals is running out of ways to say it: It's not unconstitutional to impose a criminal penalty on someone who refuses to take a breath test when stopped for suspicion of drunk driving. In its latest declaration, the court [July 27] turned aside a challenge from David Bennett, who refused to take a test in 2013 after he rear-ended another car on I-35W in New Brighton."
  • Opinion Text: State v. Bennett
  • Claim of entrapment fails in MN drug appeal
    Minnesota Great Seal KIMT News: "The Minnesota Court of Appeals has denied a claim of entrapment in an Olmsted County drug case. 26-year-old Ricky Marcel Roberson of Bayport was found guilty in February, 2014, on one count of 2nd degree and two counts of 3rd degree sale of drugs."
  • Opinion Text: State v. Roberson

  • South Dakota
    South Dakota court bars Citibank recoup of $30M in taxes
    South Dakota Great Seal Rapid City Journal/AP: "The South Dakota Supreme Court says Citibank won't be able to reclaim $30 million in overpaid bank taxes to the state. The high court said in a ruling released Thursday that the bank didn't request a refund until after the three-year legal window passed."
  • Opinion Text: Citibank v. S.D. Dept. of Revenue

  • Montana

    Other States and Jurisdictions
    U.S.: Some youths find probation more challenging than juvenile detention
    MPR News: "Juvenile justice reformers have tried for years to figure out what works to help rehabilitate youth in trouble, and a recent shift away from locking kids up has been at the forefront of reform efforts. One of the most common alternatives to incarceration is to order kids directly into probation, instead of juvenile hall."
    Tenn. lawyer demands to be called 'Captain Justice'
    USA Today: "When prosecutors in Williamson County tried to ban a defense attorney from referring to them as 'the government' in court, defense attorney Drew Justice had a demand of his own: From now on, call me 'Captain Justice.'"

    Job Announcements
    Job Announcement
    A job announcement for two court reporter positions with the District Court in Bismarck/Mandan has been posted.
    Job Announcement
    A job announcement for a University Ombuds with the University of North Dakota in Grand Forks 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.
    Job Announcement
    A job announcement for a Chief Assistant State's Attorney for McKenzie County in Watford City has been posted.
    Job Announcement
    A job announcement for an Accountant Analyst with the North Dakota Court System in Bismarck has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney I for Stark County in Dickinson has been posted.
    Job Announcement
    A job announcement for an Electronic Court Recorder with the District Court in Dickinson has been posted.
    Job Announcement
    A job announcement for an Attorney III (Supervising Public Defender) for the Public Defender Office in Williston has been posted.
    Job Announcement
    A job announcement for an Administrative Assistant II for the Public Defender Office in Dickinson has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Ward County in Minot has been posted.
    Job Announcement
    A job announcement for a Citizen Access Paralegal with the Supreme Court Law Library in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney II for Burleigh County in Bismarck has been posted.

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