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October 31, 2012
Supreme justice comes to UND
G.F. Herald: "The North Dakota Supreme Court ventured out of its usual setting Tuesday and instead presided over the Baker Courtroom in the UND School of Law. A packed courtroom greeted the five justices, who arrived at the school to hear oral arguments for two cases."
John A. 'Jack' Dietz 1950-2012
Longtime Fargo attorney and retired judicial referee John A. 'Jack' Dietz, 62, died Oct. 29. He was a University of North Dakota School of Law graduate and was admitted to the bar in 1974. Funeral arrangements are pending. John A Dietz lawyer record
Pattern Jury Instruction Commission October 2012 minutes and drafts
The Pattern Jury Instruction Commission's October 2012 meeting minutes and instruction drafts have been posted. Please note that Criminal instruction K - 6.15, Murder - Class A Felony (Extreme Emotional Disturbance) was incorrect and has been deleted from the instruction manual effective immediately. The Commission is working on a replacement instruction and hopes to have it available in 2013. October 4-5, 2012, Minutes October 2012 Drafts
Judge blocks North Dakota Election Day campaign ban
Bismarck Tribune/AP: "A federal judge says the state of North Dakota can't enforce its law that bans Election Day campaigning. In a decision Wednesday, Judge Daniel Hovland says the ban violates the free-speech rights of candidates and North Dakotans in general."
S.D.: Gov. Daugaard names Susan Sabers as Second Circuit judge
S.D. Unified Judicial Branch: "Gov. Dennis Daugaard announced [Oct. 30] that he will appoint Susan Sabers as a circuit judge in South Dakota's Second Judicial Circuit. Sabers will fill the upcoming vacancy caused by Judge Kathleen Caldwell's retirement, which is effective at the end of the year."
Montana Supreme Court: Stricter permit needed for Rock Creek Mine
Missoulian: "The Rock Creek Mine can't use a general water discharge permit to build its access roads because those roads would threaten a population of bull trout in the Cabinet Mountains Wilderness, according to the Montana Supreme Court." Montana Supreme Court Cases
Minn.: Anoka County Judge Pendleton wins outstanding judge award
Minneapolis Star Tribune: "Alan Pendleton seemed on a meteoric ride to fame and fortune. An All-American diver who graduated magna cum laude from Bemidji State and cum laude from Drake Law School, Pendleton left a prosecutor's job for positions with two of Minnesota's best-known law firms."
U.S.: Justices hear arguments over police dog use
Associated Press: "The Supreme Court on Wednesday considered curbing police use of drug-sniffing dogs as lawyers argued that using a dog's hypersensitive nose outside a home to indicate the possibility of illegal substances inside amounts to an unconstitutional breach of privacy."
October 30, 2012
High court in high school
Fargo Forum: "The North Dakota Supreme Court heard an appeal at West Fargo High School on Monday, and no, it wasn't anything like 'Judge Judy.' No lights. No cameras. No witty insults. No commercial breaks."
Job Announcement
A job announcement for a court reporter with the district court in Minot has been posted.
U.S.: High court weighs surveillance suit
Wall Street Journal: "The Supreme Court began weighing Monday whether to permit a lawsuit that challenges government surveillance of communications between people in the U.S. and abroad, a program that plaintiffs say infringes on the rights of lawyers, journalists and human-rights activists to do their jobs."
U.S. Supreme Court debates copyright 'gray market' case
Bloomberg News: "The U.S. Supreme Court raised questions about the multibillion-dollar trade in goods outside authorized distribution channels, hearing arguments in the case of a graduate student sued for selling foreign-edition textbooks in the U.S. at discount prices."
Justice Sotomayor urges law students to become 'involved' citizens
Legal Times: "In a speech late last week to law students, U.S. Supreme Court Justice Sonia Sotomayor encouraged them to serve their communities, both as attorneys and as citizens."
Appeals court dismisses South Dakota execution challenge
KSFY News/AP: "The 8th U.S. Circuit Court of Appeals has dismissed a challenge of South Dakota's execution protocol, clearing the way for Donald Moeller's execution on Tuesday." KELO News: Executions can take a toll on DOC employees
October 29, 2012
U.S. Supreme Court Oct. 31 arguments
Wednesday, the United States Supreme Court will hear arguments in two Fourth Amendments cases in which searchs were executed after dogs detected drugs. Florida v. Jardines Florida v. Harris
U.S. Supreme Court Nov. 1 arguments
Thursday, the United States Supreme Court will hear arguments in a search and seizure case and in an ineffective assistance of counsel case involving the duty to inform a defendant of deportation consequences. Bailey v. United States Chaidez v. United States
Justice offers wisdom to UW law students
Laramie Boomerang: "U.S. Supreme Court Justice Antonin Scalia, a Thursday speaker at the University of Wyoming, spent about an hour on campus elaborating on his favorite subjects - the law and the U.S. Constitution."
USD professor brings elder law to the airwaves
Sioux City Journal: "For the past 10 years, Professor Michael Myers has been channeling his fighting spirit into his weekly radio program, which focuses on the tough issues facing senior citizens."
Minn.: Graduates, officials celebrate Duluth drug court milestone
Northland's News Center: "A St. Louis County specialty court is celebrating 10 years of helping drug addicts find recovery. 'I've been sober for two and a half years and it's only because of drug court,' Pamela Roalstad, a drug court graduate, told an audience at the St. Louis County Courthouse Friday."
Minn.: Lakefield attorney will lead national association
Worthington Daily Globe: "At its annual meeting [Oct. 19] in Nashville, Tenn., the American Agricultural Law Association (AALA) announced its members have elected Patrick Costello, a Lakefield attorney, as president of the organization for 2014-2015."
Minn.: Appeals court rules license plate check does not constitute an improper search
Grand Rapids Herald Review: "The Minnesota Court of Appeals has ruled that a computerized license plate check does not constitute a search under the Minnesota or United States Constitution." Opinion Text: State v. Setinich
Sandra Day O'Connor broke precedent
S.F. Chronicle: "It's a good thing Sandra Day O'Connor's life story is fact rather than fiction. A novelist would have a hard time selling readers on the seemingly tall tale of an Arizona ranch girl who grew up 35 miles from the nearest small town, couldn't get a job interview out of Stanford Law School because of her gender, and became, in 1981, the first woman justice on the U.S. Supreme Court."
U.S.: No high court action on voting rights law
Associated Press: "Three years ago, the Supreme Court warned there could be constitutional problems with a landmark civil rights law that has opened voting booths to millions of African-Americans. Now, opponents of a key part of the Voting Rights Act are asking the high court to finish off that provision."
October 26, 2012
Wyo.: US Supreme Court Justice Scalia speaks at UW
Casper Star Tribune: "Passing through Laramie after an unsuccessful antelope hunt, U.S. Supreme Court Justice Antonin Scalia stopped at the University of Wyoming on Thursday to make an impassioned and humorous case for sticking to the original meaning of the U.S. Constitution."
Supreme Court at U.N.D. Law School
The Supreme Court will be at the University of North Dakota Law School Tuesday and Wednesday to hear cases, meet with students, and lecture in classes. State v. Dominguez Burgard v. Burgard Taking the Court to the Schools
Supreme Court travels to West Fargo Monday
The Supreme Court travels to West Fargo on Monday to meet with students and to hear arguments in a case. The Court last held a session at West Fargo High School in 2000. State v. Chacano The Supreme Court in West Fargo - The May 4, 2000 photos Taking the Court to the Schools
U.S. Supreme Court Oct. 29 arguments
Monday, the United States Supreme Court will hear arguments in a Foreign Intelligence Surveillance Act case and in a copyright case involving the sale of foreign made books in the U.S. Clapper v. Amnesty International USA Kirtsaeng v. John Wiley and Sons, Inc.
U.S.: Supreme Court to hear arguments over government spying
Reuters: "A debate over how freely the U.S. government can eavesdrop on international communications reaches a climax on Monday in the country's highest court. At issue is a law passed by Congress in 2008 allowing the government to monitor the overseas communications of individuals without obtaining a warrant for each target."
U.S.: Drug-sniffing cases send Supreme Court to the dogs
McClatchy Newspapers: "Franky found drugs in Florida. He's a dog, so he left the constitutional questions to others. But Franky's work in Miami and another drug-sniffing dog's diligence in Liberty County, Fla., will draw the Supreme Court's attention next week."
Wyo.: Judge sides with feds in rejecting wrongful death suit over fatal bear mauling
Billings Gazette: "Citing a Wyoming law that protects landowners who allow outdoor recreation on their land, a federal judge has ruled against a woman who filed a wrongful-death suit that blamed federal researchers after her husband was killed by a grizzly bear that had been tranquilized and released near the East Gate of Yellowstone National Park."
John Paul Stevens's quest for four little words.
Wall Street Journal: "Not content with his long career interpreting the U.S. Constitution, retired Supreme Court Justice John Paul Stevens now wants to go one better: He wants to amend it. Not by much-just a four-word addition to Article VI`s Supremacy Clause. Specifically: 'and other public officials.'"
Kentucky Supreme Court weakens grandparents' rights to see grandchildren
Louisville Courier Journal: "The Kentucky Supreme Court has made it harder for grandparents to win visitation with their grandchildren when the child's parents object. In a 6-1 ruling, the state's high court ruled Thursday that parents who oppose giving a grandparent visitation must be presumed to be acting in the child's best interests." Opinion Text: Walker v. Blair
October 25, 2012
Minn.: Critical online reviews can carry legal risks
ABC News/AP: "A Minnesota doctor took offense when a patient's son posted critical remarks about him on some rate-your-doctor websites, including a comment by a nurse who purportedly called the physician 'a real tool.'"
S.D.: ABC News wants 'pink slime' lawsuit in fed court
KELO News: "Lawyers for ABC News are asking to have a defamation lawsuit against the company filed by a South Dakota beef processing plant transferred from circuit court to federal court."
U.S.: Court upholds ban on handgun sales to people under 21
Reuters: "The United States may ban federally licensed firearms dealers from selling handguns to people under age 21, an appeals court ruled on Thursday, in a defeat for the National Rifle Association." Opinion Text: NRA v. ATF
New Opinion: Oct. 25
The Supreme Court posted a new opinion on Oct. 25.
Job Announcement
A job announcement for a contract attorney with the North Dakota Commission on Legal Counsel for Indigents has been posted.
October 24, 2012
November Term of Court
Three cases have been added November term of court since it was first posted. Hoverson v. Hoverson State v. Baesler Interest of J.N. est of J.N.
Cameras in courts: Panel examines Minnesota experience
St. Paul Pioneer Press: "A panel of judges and journalists will discuss on Wednesday, Oct. 25, the Minnesota experience with cameras in courtrooms during a test period set by the Minnesota Supreme Court. The high court is allowing cameras in civil cases for a test that runs through June 30, 2013."
Court: No block of Montana campaign law ahead of election
Dickinson Press/AP: "The U.S. Supreme Court on Tuesday refused to block a Montana law limiting campaign contributions to candidates for state office, leaving the caps in place at least through the November general election."
Mont.: State Supreme Court won't revisit marijuana ruling
Helena Independent Record: "The Montana Supreme Court has denied a request by medical marijuana advocates to revisit its ruling last month that there is no constitutional right to access the drug."
MT Supreme Court upholds Otter Creek coal lease decision
KPAX News: "The Montana Supreme Court affirmed a 2010 state land board decision to issue leases for state lands located in the Otter Creek drainage and are leased to Ark Land Co., a subsidiary of Arch Coal, Inc." Montana Supreme Court Cases
Federal court rules in favor of monks, sends casket case to Louisiana Supreme Court
New Orleans Times Picayune: "In a sometimes harshly worded ruling, a panel of federal appellate judges Tuesday evening smacked down the Louisiana funeral board's continued attempts to prevent the St. Joseph Abbey monks from selling their hand-crafted caskets." Opinion Text: St. Joseph Abbey v. Castille
Ore: 9th Circuit expands liability in free speech dispute
Trial Insider: "Oregon State University's destruction of a conservative student monthly's news bins violated free speech, equal protection and due process rights as a 'non-neutral viewpoint restriction,' says the 9th U.S. Circuit Court of Appeals." Opinion Text: OSU Student Alliance v. Ray
Job Announcement
A job announcement for a general counsel with the North Dakota Insurance Department in Bismarck has been posted.
Job Announcement
A job announcement for an assistant attorney general with the North Dakota Office of Attorney General in Bismarck has been posted.
October 23, 2012
New Opinions: Oct. 23
The Supreme Court posted 23 new opinions on Oct. 23.
After a divorce or break-up, what happens to the pet?
G.F. Herald: "When couples split, the question of who gets the family's beloved pet can be every bit as difficult to resolve as the matter of child custody."
S.D.: Gov. Daugaard names Greg Stoltenburg as Third Circuit judge
S.D. Unified Judicial Branch: "Gov. Dennis Daugaard announced [Oct. 23] that he will appoint Greg Stoltenburg as a circuit judge in South Dakota's Third Judicial Circuit. Stoltenburg will fill the upcoming vacancy caused by the retirement of Judge David Gienapp."
Minn.: Appeals Court allows home wind turbine in Orono
Minneapolis Star Tribune: "A wind turbine that looks like a gargantuan upside-down egg beater may soon be back in business near Lake Minnetonka. The Minnesota Court of Appeals ruled Monday that the city of Orono was wrong to deny a permit for the turbine, which city resident Jay Nygard had built on his property." Opinion Text: City of Orono v. Nygard
Minn.: Clay County attorney named to 7th district judgeship
St. Cloud Times: "The chief assistant Clay County attorney for the civil division has been named to the bench in the Seventh Judicial District, which extends from Mille Lacs County west to Moorhead." Fargo Forum: Assistant Clay County attorney Lawson appointed to 7th District judgeship
Court blocks Ind. defunding of Planned Parenhood
Associated Press: "A federal appeals court has ruled that Indiana can't cut off funding for Planned Parenthood just because the organization provides abortions." Opinion Text: Planned Parenthood v. Commissioner Bloomberg News: Indiana Planned Parenthood wins ruling on Medicaid funds
October 22, 2012
Alan Page delivers message of success to alma mater
CantonRep.com: "Even during the cold winters in Minnesota, Alan Page still runs. He has been chasing something since he was a kid in Canton. There's a saying that luck is what happens when preparation meets opportunity. Page spent much of his formative years in Stark County preparing."
S.D.: Tribal corruption appeal heard
Mitchell Republic: "The attorney for the former Crow Creek Sioux tribal chairman sentenced to three years in prison for bribery and accepting kickbacks argued Friday that by admitting certain evidence, a judge denied his client a fair trial."
S.D.: Daugaard appoints new First Judicial Circuit judge
Rapid City Journal: "Davison County's state's attorney is the newest judge in South Dakota's First Judicial Circuit. Gov. Dennis Daugaard announced Monday he has appointed Patrick Smith to the bench to replace the retired Judge Sean O'Brien." S.D. Unified Judicial System News Release
Wyo.: Student prompted Justice Scalia appearance at UW
Laramie Boomerang: "It was a July conference in Washington, D.C., when third-year law student Caitlin Wallace accepted the challenge of trying to land a notable figure for a speaking engagement at her school, the University of Wyoming." Laramie Boomerang: UW books Supreme Court Justice visit
Canada: Supreme Court rules employees have right to privacy on work computers
Toronto Globe and Mail: "Workplace computers contain so much personal information nowadays that employees have a legitimate expectation of privacy in using them, the Supreme Court of Canada said in a major ruling Friday." Opinion Text: Regina v. Cole
October 19, 2012
November Term of Court
The November term of court has been posted, including issues and briefs.
Judicial Education Commission Oct. 26 agenda
The agenda for the Oct. 26 meeting of the Judicial Education Commission and the commission's June 1 meeting minutes have been posted.
Minn. Supreme Court agrees to hear former nurse's appeal in aiding suicides case
Washingotn Post/AP: "The Minnesota Supreme Court has agreed to hear the appeal of a former nurse convicted of searching out suicidal people in online chat rooms and encouraging them to commit suicide."
Retired Justice O'Connor to hear 2nd Circuit cases next week
Reuters: " Retired U.S. Supreme Court Justice Sandra Day O'Connor will make a guest appearance next week on the federal appeals court in New York to hear arguments on cases ranging from corporate fraud to insurance and organized crime."
NY court rejects Onondaga Nation's land claim
St. Paul Pioneer Press/AP: "A federal appeals court in Manhattan has rejected claims by Onondaga Nation that it is entitled to land stretching through Syracuse and down the middle of New York state." Opinion Text: Onondaga Nation v. State of NY
October 18, 2012
MSU's Crime and Justice Center receives grant
Minot Daily News: "Minot State University's Rural Crime and Justice Center has received a $300,000 U.S. Department of Justice grant aimed at reducing domestic violence, sexual assault and stalking on campus."
Minn.: Court orders acquitted Wright County man's records sealed
Minneapolis Star Tribune: "The Minnesota Supreme Court ordered that the records from the case of a Wright County man cleared of child abuse charges may be sealed, even though the Department of Human Services and other authorities argue they could be useful in future investigations." Opinion Text: State v. R.H.B.
S.D. Drug and DUI Court Symposium scheduled for Oct. 22-23 in Pierre
S.D. Unified Judicial System: "The South Dakota Unified Judicial System, in conjunction with the National Center for DWI Courts, National Drug Court Institute and the National Association of Drug Court Professionals, is sponsoring a Drug and DUI Court Symposium."
Chief Justice Roberts: Technology among top issues for court
Houston Chronicle: "Reconciling ever-changing science and technology with established Constitutional principles - set down by statutes and rulings long before the modern world was even imagined - will be an ongoing challenge for federal courts, especially his own, U.S. Chief Justice John Roberts said Wednesday during a Rice University discussion." Associated Press: Supreme Court views not 'liberal or conservative'
October 17, 2012
Violent crime rate up 17 percent
The U.S. Department of Justice reports that between 2010 and 2011, the rate of violent crime victimization increased 17 percent in the United States. U.S.D.O.J.: News Release U.S.D.O.J.: Criminal Victimization, 2011
South Dakota's growing & shrinking problem
KELO News: "South Dakota's prison population has grown 500 percent in the last 30 years. That's just one of the issues South Dakota Chief Justice David Gilbertson says is a crucial concern for the state's judicial system. Gilbertson is also concerned that the number of attorneys in rural South Dakota is declining."
Minn.: Trailblazing judge retires after 17 years
Minneapolis Star Tribune: "A visit to Judge Robert Blaeser's chambers quickly reveals the pride in his Ojibwe heritage. A bronze eagle feather rests atop a stack of court papers in the office overlooking downtown Minneapolis, while his tribe's medicine wheel adorns a print of a large blue wolf."
Court leaves in place Montana caps on campaign contributions
Reuters: "A federal appeals court on Tuesday ordered that a Montana law limiting campaign contributions to candidates for state office remain in effect at least through the general election in November." Opinion Text: Lair v. Bullock
After spat, La. to have 1st black chief judge
Associated Press: "The Louisiana Supreme Court resolved a racially tinged power struggle inside its own ranks, ruling Tuesday that Bernette Johnson should be the state's first black chief justice." Opinion Text: In re Office of Chief Justice
October 16, 2012
Court Technology Committee Oct. 19 agenda
The agenda for the Oct. 19 meeting of the Court Technology Committee, and the committee's Aug. 17 minutes, have been posted.
North Dakota Mediation Service has new administrator
WDAY News: "Agriculture Commissioner Doug Goehring has appointed a Dickinson attorney as the new administrator of the North Dakota Mediation Service. Bethany Abrams worked for a Minnesota district judge and as an attorney in Minneapolis before joining a Dickinson law firm."
Newest Minn. Supreme Court justice set to take oath in historic addition to state's high court
Minneapolis Star Tribune: "Minnesota's highest court is formally making a historic transformation. New Supreme Court Justice Wilhelmina Wright was set Tuesday to take her oath and a spot on the seven-member panel. Wright is blazing a path as the first black woman to serve on the court."
Minn.: Law students, profs debate required pro bono work
Minnesota Daily: "Paula Polasky went to law school because she wanted to make a difference. Now in her third year at the University of Minnesota Law School, she's done extensive legal volunteer work, including a weeklong trip to El Paso, Texas during her first year to help research immigration cases."
Supreme Court will decide on Arizona voter ID law
Los Angeles Times: "The Supreme Court will weigh in on the controversy over voter fraud and decide early next year whether Arizona can require residents to show proof of their citizenship before they register to vote."
Retired U.S. justice prods Congress, candidates on gun control
Reuters: "Retired Supreme Court Justice John Paul Stevens prodded Congress on Monday to act and presidential candidates to speak out on gun control at a time when gunmen are carrying out mass killings across the United States." C-SPAN: Retired Justice Stevens addresses gun rights cases
Court to hear arguments in Calif. clean fuels case
Associated Press: "A federal appeals court will hear arguments in a case seeking to stop California's first-in-the-nation mandate requiring petroleum refiners and ethanol producers to make cleaner fuels for millions of cars and trucks in the state."
Utah: Boy conceived after father's death not entitled to Social Security, court rules
Deseret News: "A young boy who was conceived from preserved sperm after his father's death is not entitled to Social Security benefits under Utah law, the Utah Supreme Court ruled Friday." Opinion Text: Burns v. Astrue
Cass County Courthouse Addition: The Oct. 5 photos
On Oct. 5, Cass County celebrated the opening of its new courthouse addition, after more than a decade of planning and construction. Here are the photos. The addition includes new district court facilities, additional courtrooms, and improved spaces for the media and juries.
October 15, 2012
Orlin Hanson 1930-2012
Longtime state legislator Orlin "Bill" Hanson, 82, died Oct. 13, at a Fargo care facility. He represented the Sherwood area in both the House and the Senate. Funeral services are set for Friday, at 11 a.m., at Sherwood.
Darlene Watne 1935-2012
Former State Senator Darlene Watne, 77, died Oct. 12, in a Minot hospital. Funeral services are Friday, at 11 a.m., at First Presbyterian Church, Minot. Thomas Family Funeral Home, Minot, is handling arrangements.
Minn.: Members of state Supreme Court discuss their work with students
West Central Tribune: "A Supreme Court hearing they attended this week resonated with some Willmar Senior High students. 'I learned that things can come back to haunt you,' said David Bielenberg, a 17-year-old senior." Minnesota Judicial Branch News Release
Minn.: Sex offender panel is clear on gravity of its assignment
Minneapolis Star Tribune: "Minnesota has the most sex-offender civil commitments, per capita, in the country, with just over 600 men and at least one woman living in the Minnesota Sex Offenders Program in Moose Lake and St. Peter. Only two have been released."
Wolf shooting in Minnesota leads to questions about hunting law
G.F. Herald: "A wolf shooting in the Huntersville State Forest in Wadena County (Minn.) has stirred up the local population at a time when Minnesota courts were grappling with a legal challenge to the state's inaugural wolf hunting/trapping season."
Supreme Court case could affect universities in South Dakota
KSFY News: "Affirmative action made its way back to the U.S. Supreme Court this week; the outcome could affect universities across South Dakota."
New Disciplinary Order: Oct. 15
The Supreme Court posted a new disciplinary order on Oct. 15.
October 12, 2012
Jim Brokaw 1932-2012
Longtime State Representative James "Jim" Brokaw, 80, rural Forbes, died Oct. 9, 2012, at his home with his wife of 60 years at his side. Mass of Christian burial will be held at 11 a.m. Saturday, Oct. 13, at St. Helena's Catholic Church, Ellendale, with the Rev. John Kizito officiating. Burial will be in Ellendale City Cemetery.
Welte named to state association
Grand Forks Herald: "Peter Welte, Grand Forks County state's attorney, was chosen by the North Dakota State's Attorneys Association to represent the group on the North Dakota Association of Counties. He replaces Richard Riha of Burleigh County." Welte attorney record
Sixth Circuit imposes sanctions on plaintiff's lawyer for "meritless appeal"
National Law Journal: "An Ohio lawyer's 'meritless appeal' warrants sanctions, the U.S. Court of Appeals for the Sixth Circuit has ruled." Seifert v. Graphic Packaging International Inc.Seifert v. Graphic Packaging International Inc. opini
National: Income-Based Repayment: Lifeline for Law Graduates, Certain Loser for Government
Am Law Daily: "'Your education loan debt represents a serious financial commitment which must be repaid. A default on any loan engenders serious consequences, including possible legal action against you by the lender, the government, or both.' (ABA-LSAC Official Guide to ABA Law Schools, 2013 edition (37)"
October 11, 2012
Committee on Tribal and State Court Affairs meeting
The agenda for the Committee on Tribal and State Court Affairs meeting on Oct. 12 has been posted.
South Dakota: Clash over SD voter pamphlets goes to the courts; state senator suing secretary of state
AP: "A state senator is suing to try to force South Dakota Secretary of State Jason Gant to replace election voter guides that were sent out with new ones that will include his opposing view on a ballot measure."
U.S.: Justices Clash on Affirmative Action
Wall Street Journal: "The Supreme Court on Wednesday seemed likely to curb racial preferences in university admissions, after 80 minutes of intense argument revealed deep fissures among justices' views on the pursuit of diversity in higher education."
ND AG: Law not keeping pace with synthetic drugs
AP: "Attorney General Wayne Stenehjem says North Dakota law isn't keeping up with what he calls an 'epidemic' of synthetic drug use." Legislative interim committees
October 10, 2012
South Dakota Judge who closed Deadwood's brothels dies at 94; Brandenburg to be buried in the spring
AP: "A South Dakota state judge who shut down Deadwood's last brothels in 1980 has died."
South Dakota Judge allows Moeller to dismiss federal challenge
AP: "A judge is allowing a South Dakota death row inmate to dismiss his case challenging the constitutionality of South Dakota's execution protocol, clearing the way for his upcoming execution."
9th Circuit: Appeals court reinstates campaign finance limits
AP: "The 9th U.S. Circuit Court of Appeals reinstated Montana's campaign donation limits, telling the federal judge who overturned it to outline his full reasoning so the panel can review the case." Lair v. Bullock stay
N.D. Attorney General Opinion: October 10
North Dakota Attorney General Wayne Stenehjem has issued an opinion that the requirements of the Marketable Record Title Act may be difficult to satisfy with respect to an estate in severed minerals, in part due to the challenge of meeting the Act's possession requirement.
Job Announcement
A job announcement for an Attorney II with the Commission on Legal Counsel for Indigents in Bismarck has been posted.
October 9, 2012
Kansas now among states upholding cap on med-mal damages
National Law Journal: "Kansas has become the latest state to uphold limits on damages in medical malpractice cases. On October 5, the Kansas Supreme Court ruled that the state's $250,000 limit on pain and suffering damages did not violate the Kansas Constitution. "
U.S.: Supreme Court receives outpouring of conflicting views on affirmative action
Washington Post: "Gail Heriot and two other members of the U.S. Commission on Civil Rights would like the Supreme Court to know that new research indicates that race-preferential admissions to America's top universities are hurting those they are supposed to help."
8th Circuit decides Minnesota case
The Americans with Disabilities Act did not require that an officer making a traffic stop call in an American Sign Language interpreter to assist during a traffic stop. Bahl v. City of St. Paul opinion
October 8, 2012
U.S. Supreme Court Oct. 10 arguments
Wednesday, the United States Supreme Court will hear arguments in a college affirmative action case and a felony deportation case. Fisher v. University of Texas Moncrieffe v. Holder
Fla. Supreme Court justices fight back to retain seats
Miami Herald: "Florida's Supreme Court justices have learned the art of brass knuckle politics as a merit retention fight heats up."
National: Major victory and pay raises for U.S. judges
SCOTUSblog:"After battling for years to get a pay raise that they say Congress had once promised them, six federal judges finally won in a specialized federal court on Friday. If the ruling withstands a likely trip to the Supreme Court, those judges and presumably others will get annual cost-of-living increases that have been specifically vetoed by Congress." Beer v. United States opinion
October 7, 2012
U.S. Supreme Court Oct. 9 arguments
Tuesday, the United States Supreme Court will hear arguments in two death penalty habeas corpus cases focusing on the mental competency of the defendants. Ryan v. Gonzales Tibbals v. Carter
October 5, 2012
Judge says Minnesota man with guardian can vote
Star Tribune: "A Hennepin County judge on Thursday ruled that a man under guardianship may vote, saying the Minnesota Constitution's removal of voting rights from people with guardians violates the U.S. Constitution."
National: Nearly 3 dozen states fail to meet conditions of federal law to track sex offenders
AP: "Nearly three dozen states have failed to meet conditions of a 2006 federal law that requires them to join a nationwide program to track sex offenders, including five states that have completely given up on the effort because of persistent doubts about how it works and how much it costs."
U.S.: Scholarship highlight: The Supreme Court's misuse of per curiam opinions
SCOTUSblog: "The per curiam opinion is a misused practice that is at odds with the individualized nature of the American common law system, frustrating efforts to hold individual judges accountable and inhibiting development of the law."
October 4, 2012
New York: Lawsuit over Thomas Jefferson's wine too late, U.S. court finds
Reuters: "A billionaire's lawsuit over wine said to be owned by Thomas Jefferson has died on the vine." Koch v. Christie's International Inc opinion
Stark County state's attorney seeks $50K for help with caseload
Dickinson Press; "Caseloads in the Stark County State's Attorney's Office are becoming more time-consuming as crimes become more violent, said State's Attorney Tom Henning."
Judge strikes down Montana campaign contribution limits
Missoulian: "A federal judge Wednesday struck down Montana's dollar limits on campaign contributions to state candidates, dealing another blow to long-standing state laws that attempt to limit money in politics."
National: Google, publishers settle book-scanning dispute
AP: "Google and U.S. publishers have settled a longstanding dispute over Google's book-scanning project. A lawsuit filed by authors remains, though, leaving the project in question."
October 3, 2012
Judges participate in 'Color of Justice' anniversary event
North Dakota Supreme Court Justice Mary Maring and Northeast Central District Judge Debbie Kleven recently traveled to Bemidji, Minn., to help celebrate the 10th anniversary of the National Association of Women Judges' Color of Justice program. Judge Kleven organized a mock trial held at the event.
Judicial Conference Executive Committee Oct. 4 agenda
The agenda for the Oct. 4 meeting of the Judicial Conference Executive Committee, and the committee's Sept. 26 minutes, have been posted.
S.D.: DUI manslaughter case might set precedent
Sioux Falls Argus Leader: "The South Dakota Supreme Court was asked Tuesday to tighten the definition of manslaughter to exclude some drunken driving deaths."
S.D.: Federal grants aimed at helping tribal law enforcement, fight domestic violence
Rapid City Journal: "Native American tribes in South Dakota have been awarded more than $4.3 million in U.S. Department of Justice grants to enhance law enforcement practices, help fight violence against women and provide tribal youth programs, U.S. Attorney Brendan Johnson announced."
Statesman's heirs wrest historic papers from NC
Associated Press: "Descendants of one of the first U.S. Supreme Court justices won a legal fight Tuesday against the state of North Carolina over ownership of their ancestor's historic papers, which could be worth millions." Opinion Text: Johnson v N.C. Dep't of Cultural Res.
October 2, 2012
S.D.: USF students welcome Supreme Court to campus
KELO News: "The spring session of the South Dakota Supreme Court hearings is always held at the University of South Dakota, but the fall session moves around. Students at the University of Sioux Falls say they couldn't be happier to have some of the biggest cases in the state in their own back yard." Mitchell Daily Republic: SD inmate asks court to overturn death sentence
SD tribe's lawsuit against beer stores dismissed
WGME News/AP: "A federal judge says an American Indian tribe's lawsuit alleging that beer makers and nearby retailers are responsible for chronic alcoholism on a South Dakota reservation belongs in state court."
Montana Women's Prison plans big garden
Billings Gazette: "With a big greenhouse already in place, the Montana Women's Prison is getting ready to start growing a lot of food. Deputy Warden Bob Paul said an engineer who helped design the garden area estimated that the greenhouse and garden will produce enough vegetables to meet all of the prison's needs."
300th inmate freed by DNA plans new life in Minnesota
Minneapolis Star Tribune: "After more than a decade on death row in Louisiana, Damon Thibodeaux will live as an innocent man in Minnesota. A Jefferson Parish judge overturned Thibodeaux's murder conviction Friday and the 38-year-old Louisiana man walked out of prison, becoming the 300th prisoner nationwide freed after DNA evidence showed he was innocent."
U.S.: High court won't hear roadless rule appeal
Helena Independent Record/AP: "Environmental groups hailed the U.S. Supreme Court's rejection of an appeal challenging a federal rule that bars development on 50 million acres of roadless areas in national forests, ending one of the main legal battles that had left the rule in doubt for more than a decade."
Supreme Court ponders U.S. lawsuits over corporate abuses committed abroad
Washington Post: "The Supreme Court justices seemed ready Monday to limit the ability of U.S. courts to hear civil lawsuits alleging corporate complicity in human rights abuses overseas, but there was uncertainty about how tightly to shut the door."
October 1, 2012
Cass County prepares to open courthouse addition
Fargo Forum: "It's been more than a decade of planning, legal battles and construction setbacks, but the west addition to the Cass County Courthouse is nearly ready for business."
Tribal court offers no hope of appeal
Dickinson Press: "Criminal defendants and parties in civil lawsuits under the jurisdiction of Spirit Lake Tribal Court have no access to appeals because the tribe failed to renew a contract for appellate services, according to two former tribal judges."
N.D. can press on with its coal-generation lawsuit
Minneapolis Star Tribune: "North Dakota's lawsuit against Minnesota over the right to sell new coal-generated electricity across state lines has survived its first legal skirmish."
Minn.: Minnesota Supreme Court leaves pay claim stranded on roof
Minnesota Lawyer: "Employees of a company that had a contract with the city of Minneapolis and who allege they were paid less than the contract required have no recourse because they were not intended third-party beneficiaries of the contract, the Minnesota Supreme Court has ruled." Opinion Text: Caldas v. Affordable Granite & Stone Inc.
Court won't get involved in Minn. elections fight
Associated Press: "The Supreme Court won't stop Minnesota from blocking its judicial candidates from endorsing candidates in other elections and soliciting campaign contributions."
U.S. attorney has his eye on Spearfish, Belle Fourche
Rapid City Journal: "Spearfish and Belle Fourche are gateways to urban-style criminals who see the North Dakota oil patch as a wide open frontier for some nasty new drugs and the kind of prostitution slavery that most people find hard to believe."
Human rights in focus at U.S. Supreme Court
Reuters: "The U.S. Supreme Court, back in session today after its summer recess, is expected to take up a closely watched case that could help it decide whether American judges are empowered to hear lawsuits over human rights atrocities abroad."
U.S. Supreme Court Oct. 3 arguments
Wednesday, the United States Supreme Court will hear arguments in a habeas corpus case involving jury trial rights and an Army Corps of Engineers flood management case. Johnson v. Williams Arkansas Game and Fish Commission v. United States
New Opinions: Oct. 1
The Supreme Court posted two new opinions and a disciplinary order on Oct. 1.
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