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November 30, 2012
New Opinion: Nov. 30
The Supreme Court posted a new opinion on Nov. 30.
Scanson retires after more than 30 years with court system
Deputy Supreme Court Clerk Lorraine Scanson retired Nov. 30 after more than 31 years of service to the North Dakota Court System. She worked with the District Court of the Southwest Judicial District from Dec. 1,1981 through July 31, 1986 and with the Supreme Court of North Dakota from to Aug. 1, 1986 through Nov. 30, 2012.
Court adopts amendments to procedural rules
The N.D. Supreme Court has adopted amendments to the Rules of Civil Procedure, Rules of Appellate Procedure, Rules of Criminal Procedure, Rules of Juvenile Procedure, and Rules of Court. The amendments take effect March 1, 2013.
Area judges host The Banquet in Bismarck
On Nov. 29, the justices of the North Dakota Supreme Court, the judges and judicial referees of the South Central Judicial District, the area's municipal judges, a retired district judge and a retired tribal court judge hosted The Banquet at Trinity Lutheran Church for the Bismarck-Mandan community. Here are the photos.
U.S. Supreme Court Dec. 3 arguments
Monday, the United States Supreme Court will hear arguments in a Fair Labor Standards Act case and a Clean Water Act case involving runoff from logging roads. Genesis HealthCare Corp. v. Symczyk Decker v. Northwest Environmental Defense Center
Fedorchak the pick for North Dakota Public Service Commission
Bismarck Tibune/AP: "A top aide to North Dakota U.S. Sen. John Hoeven is being named to the state Public Service Commission. The Associated Press has learned from two state government officials that Julie Fedorchak will succeed Kevin Cramer on the state regulatory board." Governor's News Release: Dalrymple Appoints Fedorchak to Public Service Commission
Federal prisons urged to grant more early releases
Williston Herald/AP: "For humanitarian and economic reasons, the federal Bureau of Prisons should grant more early releases to incapacitated and terminally ill prisoners, two advocacy groups say in a report depicting current policies as sometimes 'cruel as well as senseless.'"
Montana Supreme Court upholds Myran homicide conviction
Missoulian/AP: "The Montana Supreme Court denied a Three Forks man's efforts to have his deliberate homicide conviction overturned because jurors were reminded that under state law being voluntarily intoxicated does not excuse conduct that otherwise would be found to be a crime." Montana Supreme Court Cases
U.S.: Charles V. Bush, first black Supreme Court page, dies at 72
Washington Post: "Charles V. Bush, who became the first African American to serve as a U.S. Supreme Court page in 1954 - the same year the court desegregated public schools - and later was one of the first black graduates of the U.S. Air Force Academy, died Nov. 5 at his home in Lolo, Mont. He was 72."
U.S.: Gay marriage before Supreme Court? Cases weighed
Associated Press: "Three weeks after voters backed same-sex marriage in three states and defeated a ban in a fourth, the justices are meeting Friday to decide whether they should deal sooner rather than later with the claim that the Constitution gives people the right to marry regardless of sexual orientation."
Report: South Dakota breaks child-protection laws
Seattle Post Intelligencer: "South Dakota willfully has violated federal law by removing too many American Indian children from their homes and placing them in foster care with non-Indian families, the state's Indian Child Welfare Act directors said in a report they plan send to Congress."
Oregon Supreme Court ruling described as 'landmark' decision on eyewitness testimony
Portland Oregonian: "About a month before Samuel Lawson was to go on trial for the 2003 murder of a Douglas County man, a detective in the case quietly took a star witness to one of Lawson's hearings to get a look at him." Opinion Text: State v. Lawson
November 29, 2012
SCJD to honor calendar clerk Mayer Friday
Diana Mayer will be honored at a coffee party on Friday, Nov. 30, from 2-4 p.m. at the Burleigh County Courthouse. Mayer is retiring after serving as calendaring clerk for the South Central Judicial District for 34 years. Court personnel and attorneys who have worked with her are invited to attend the event.
8th Circuit panel decides N.D. bankruptcy appeal
The United States Bankrupty Appellate Panel for the Eighth Circuit has affirmed a judgment in a North Dakota bankruptcy case. Kaler v. Bala
U.S. Attorney General honors Huey
U.S. Attorney General Eric Holder has presented the Distinguished Service Award to former N.D. Assistant Attorney General David Huey for his work in obtaining a $25 billion national mortgage settlement. NAAGazette: Attorneys General Staff Receive Top Recognition for Mortgage Settlement Work U.S. Department of Justice News Release David W. Huey lawyer record
SD panel urges reform of criminal justice system
S.F. Chronicle/AP: "South Dakota should make sweeping changes in its criminal justice system to lock up only dangerous offenders while treating more of those convicted of nonviolent crimes outside prison walls, which could save up to $212 million in prison costs in the next decade, a state panel has recommended."
Minn.: Cook County courthouse lifesavers honored
Duluth News Tribune: "Two people who saved the life of Cook County Attorney Tim Scannell in a courthouse shooting last year in Grand Marais were honored Wednesday in Minneapolis."
Minn.: 'Man in Black' bank robbery defendant floods court with filings
St. Paul Pioneer Press: "Some smart people might go their entire lives without ever using the word 'asseverate.' It means 'to assert strongly,' and the defendant accused in the 'Man in Black' string of bank robberies -- who is representing himself in his federal criminal case -- has taken to using it with some regularity in the scores of motions, letters and other communications he's filed on his own behalf from jail while he awaits trial."
Accused shooter appeals civil case to Montana Supreme Court
Bozeman Daily Chronicle: "A woman accused of breaking into her former tenant's home and shooting him twice has appealed a civil case to the Montana Supreme Court that the two have been embroiled in for more than two years."
U.S.: Supreme Court conflicted over fixing mistake
Washington Post: "Apparently not much has gone right for Amarcion D. Henderson, who was a daily pot smoker by age 14, a felon by his early 20s and then picked up on a gun charge, his attorney told the Supreme Court on Wednesday, before he'd even had time to do anything "seriously wrong" with the weapon."
November 28, 2012
New Opinion: Nov. 28
The Supreme Court posted a new opinion on Nov. 28.
Job Announcement
A job announcement for a temporary juvenile drug court coordinator in Devils Lake has been posted.
The best- and worst-run states in America
Yahoo Finance: "How well run are America's 50 states? The answer depends a lot on where you live. Every year, 24/7 Wall St. conducts an extensive survey of all fifty states in America. Based on a review of data on financial health, standard of living and government services by state we determine how well each state is managed. For the first time, North Dakota is the best run. California is the worst run for the second year in a row." Jamestown Sun: North Dakota is best-run state
Counties to seek architect plans for a jail
Bismarck Tribune: "A joint meeting of jail committees from Burleigh and Morton counties favored seeking architect offers Tuesday morning to design a combined jail."
Minn., N.D. differ in justifiable deadly force in self-defense cases
Jamestown Sun: "Minnesota law and court precedent have established an objective standard for when the use of deadly force is justified as self-defense, said Clay County Attorney Brian Melton."
S.D.: Prison, Indian inmates disagree on tobacco use
Sioux Falls Argus Leader: "South Dakota corrections officials and an organization of Native American inmates are far apart on their suggested revisions to a prison policy regulating the use of tobacco in religious ceremonies."
'Do-not-resuscitate' order at issue in Minnesota Supreme Court case
Minneapolis Star Tribune: "A drunken driver's claim that he was not responsible for the death of a 93-year-old woman killed in a 2010 crash because her 'do-not-resuscitate' order kept her from potentially life-saving medical care will be reviewed by the Minnesota Supreme Court."
November 27, 2012
New Opinions: Nov. 27
The Supreme Court posted 15 new opinions on Nov. 27.
1912 saw issues with prisoners, TB
G.F. Herald: "Whether Grand Forks should have a new courthouse was a big issue 100 years ago. So was tuberculosis, which was so prevalent that a new sanatorium was opening at Dunseith, N.D. And the state penitentiary at Bismarck was trying to keep things going with prisoners doing the work."
U.S.: Supreme Court rejects Idaho case on prohibiting the insanity defense
Christian Science Monitor: "The US Supreme Court on Monday declined to take up a case from Idaho testing whether the federal Constitution requires states to provide criminal defendants with a right to claim they are innocent by reason of insanity."
Minn.: Convicted St. Paul priest wins new trial in sex case
St. Paul Pioneer Press: "A St. Paul priest convicted of having sex with a 21-year-old penitent has won a new trial. Christopher Wenthe, formerly of Nativity of Our Lord parish in St. Paul, was convicted in November 2011 of criminal sexual conduct in a case that involved a female parishioner." Opinion Text: State v. Wenthe Minnesota Public Radio: Too much religion in prosecution of priest
November 26, 2012
National Adoption Day 2012 in Grand Forks
National Adoption Day was celebrated at the Grand Forks County District Court on Nov. 17 with the adoption of 10 children by six families. Judges Karen Braaten and Joel Medd presided over the adoption hearings. The event was organized by Adults Adopting Special Kids (AASK) program staff. G.F. Herald: Adopting children takes big hearts, tons of patience
Job Announcement
A job announcement for Chief Judge of the Standing Rock Tribal Court in Fort Yates has been posted.
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the convictions in a North Dakota sexual exploitation case. United States v. Boyle Fargo Forum: Appeals court rules against West Fargo man in child porn case
U.S. Supreme Court per curiam opinion: Nov. 26
The United States Supreme Court has issued a per curiam opinion in a Federal Arbitration Act case involving non-compete agreements. Nitro-Lift Technologies v. Howard
U.S.: Religious university gets hearing on health law exemption
Bloomberg News: "The U.S. Supreme Court gave a Virginia university founded by Jerry Falwell a new chance to argue in a lower court that President Barack Obama's health-care law doesn't give religious objectors a broad enough exemption."
U.S. Supreme Court Nov. 27 arguments
Tuesday, the United States Supreme Court will hear arguments in an employment injury case invovling reimbursement of funds obtained through a lawsuit against a third party. U.S. Airways v. McCutchen
U.S. Supreme Court Nov. 28 arguments
Wednesday, the United States Supreme Court will hear arguments in a sentencing case involving a felon in possession of a firearm. Henderson v. United States
Dakotas tribes settle claims with fed government
G.F. Herald: "Four tribes in the Dakotas that claimed tribal money and trust lands were mismanaged have received more than $100 million through settlements with the federal government."
Date rape drug? Missoula woman says drunken driving was involuntary
Missoulian: "A Missoula woman will get another chance to plead her case that she shouldn't have been charged with driving under the influence because she'd been slipped a date rape drug that caused her impairment." Montana Supreme Court Cases
Minnesota judge seeks to carry gun in court
G.F. Herald/AP: "An Anoka County judge who has voiced concerns about his safety wants to be allowed to carry a gun into the courthouse, a request the sheriff's office has asked him to reconsider."
November 25, 2012
Famous formation named for North Dakota homesteaders
G.F. Herald: "Lorin Bakken recalls it was 2007 when he began seeing his name in the newspaper and on TV frequently as the oil boom started to heat up. Since then, his family name has become synonymous with oil and opportunity."
November 23, 2012
U.S. Supreme Court Nov. 26 arguments
Monday, the United States Supreme Court will hear arguments in a co-worker racial harassment case and a hospital leasing case. Vance v. Ball State University FTC v. Phoebe Putney Health System, Inc.
October LSATs Plunge
WSJ: "The number of law school admission tests administered in October tumbled 16.4% from the previous year, according to the Law School Admission Council." WSJ: More Law Schools Cut Class Sizes
Juvenile Drug Court Advisory Committee.
The Supreme Court has adopted N.D.Admin.R. 56, creating the Juvenile Drug Court Advisory Committee.
November 21, 2012
Court bias commission presents findings
KFYR News: "Justice is supposed to be blind but not everyone agrees that it is in practice. For the past two years, a commission has been looking at bias in North Dakota`s court system and they presented their findings to the state [Nov. 20]." Bismarck Tribune: Courts commission presents report to Wrigley
Minn.: Economy leads to smaller law classes
Minnesota Daily: "Law schools around the Twin Cities and the nation are admitting fewer applicants than in previous years, a trend many say is due to the economy. A study published [Nov. 19] by Kaplan Test Prep found more than half of law schools nationwide admitted fewer applicants this fall."
Wyo.: New district judge Sharpe looks to make a difference
Wyoming Tribune Eagle: "Being a judge is a great chance to make a difference, Steve Sharpe says. He recently was appointed Laramie County's new district court judge by Gov. Matt Mead."
Ex-state lawmaker leads Montana courtroom fracas
Washington Post/AP: "A Montana judge walked out of a court hearing after being heckled by a rowdy crowd, leaving the conservative former state legislator who instigated it all to declare he was in charge of the courtroom and proclaim the case against him dismissed."
December Term of Court
The December term of court has been posted, including issues and briefs.
November 20, 2012
N.D. Attorney General opinion: Nov. 20
North Dakota Attorney General Wayne Stenehjem has issued an opinion that a board of county commissioners may not prohibit or prevent the use of land or buildings for farming or ranching. To the extent a county zoning ordinance prohibits or prevents the use of land or buildings for farming or ranching, the ordinance is not valid or enforceable.
Grapes (and raisins) of wrath: Supreme Court may hear farm program cases
McClatchy Newspapers: "Supreme Court justices on Tuesday will chew over several challenges to farm programs filed by disgruntled California raisin and table grape growers."
Minn.: Lawyer sued over counterfeit $300,000 check in Nigerian-style scam
Minneapolis St. Paul Business Journal: "A Brooklyn Center lawyer sued by TCF Bank for depositing a fake check says he was duped by a scammer he thought was a client. Wayzata-based TCF sued the attorney, Lawrence Marofsky, in federal court in Minnesota this week after he deposited a $298,750 cashier check from Citibank into his solo law practice's trust account."
Court bias commission presents final report to Lt. Gov. Wrigley
The Commission to Study Racial and Ethnic Bias in the Courts presented its final report to North Dakota Lt. Gov. Drew Wrigley on Nov. 20 in Bismarck. The commission's co-chairs, N.D. Supreme Court Justice Carol Kapsner and Northeast Judicial District Judge Donovan Foughty joined other members of the commission in making the presentation to Wrigley. Commission to Study Racial and Ethnic Bias in the Courts Final Report
Pro hac vice fee payment reminder
Attorneys are reminded that, under Rule 3 of the Admission to Practice Rules, if an attorney continues to appear in 2013 in a North Dakota proceeding for which the attorney filed a motion for pro hac vice admission, the attorney is required to pay a fee of $380 by Jan. 1, 2013, payable to the Board of Law Examiners.
Job Announcement
A job announcement for a contract attorney with the Commission on Legal Counsel for Indigents in the South Central Judicial District has been posted.
November 19, 2012
Supreme Court Notebook: Alito takes on critics
Associated Press: "Supreme Court Justice Samuel Alito is defending the court's 2010 decision in the Citizens United case that helped fuel hundreds of millions of dollars of spending by independent groups in the just-concluded campaign season."
S.D.: Smith first Democrat named to circuit bench in 15 years
Mitchell Daily Republic: "Davison County State's Attorney Pat Smith is the first Democrat to be appointed a South Dakota circuit judge by Republican Gov. Dennis Daugaard and the first Democrat to receive such an appointment in 15 years." S.D. Unified Judicial System News Release
Job Announcement
A job announcement for a Juvenile Court Officer III with the Juvenile Court in Devils Lake has been posted.
Job Announcement
A job announcement for Deputy Clerk of District Court I in Jamestown has been posted.
November 16, 2012
Judicial Conference Nov. 19-20 agenda
The agenda for the Nov. 19-20 session of the Judicial Conference and the Conference's June 2012 minutes have been posted. Judicial Conference June 2012 Minutes
Minn.: Less restrictive alternatives considered for sex offenders
KSTP News: "A court-ordered task force is racing to meet an early December deadline for providing recommendations on less restrictive alternatives for Minnesota's hundreds of committed sex offenders, who are currently held in a secure program that has yet to fully graduate a single person in its two-decade existence."
MN Supreme Court justice addresses education integration in Duluth
Northland's News Center: "Former Minnesota Viking and Supreme Court Justice Alan Page joined in on a conversation about the current state of integration in education in Duluth."
Minn.: Appeals court upholds Crow Wing County conviction
Brainerd Dispatch: "A man, convicted of marijuana [possession], challenged his conviction in Crow Wing County contending the court erred by denying his motion to strike a juror he contended wasn't a county resident." Opinion Text: State v. Hutchins
Study concludes SD 24/7 Sobriety Program works
S.F. Chronicle/AP: "South Dakota's sobriety program for drunken drivers has reduced repeat cases of driving under the influence by 12 percent and domestic violence rates by 9 percent, an independent study concluded." S.D. 24/7 Sobriety Program Website Rand Corporation Study
Michigan's affirmative action ban unconstitutional, federal appeals court rules
Detroit News: "A federal appeals court has thrown out Michigan's voter-approved ban on affirmative action in college admissions and public hiring. The court ruled the 2006 amendment to the Michigan Constitution is illegal because it presents an extraordinary burden to opponents, who would have to mount their own long, expensive campaign to protect affirmative action." Opinion Text: Coalition to Defend Affirmative Action v. Regents
November 15, 2012
N.D. courts to install updated e-filing system Nov. 16-18
The North Dakota Court System will be installing an updated version of its electronic filing system from Nov. 16-18. Filings that need to be made during this time frame must be made before 4 p.m. CST on Friday, Nov. 16, when the system will be shut down to start the conversion to the new system.
Iowa: Harkin nominates women for 8th Circuit
Des Moines Register: "U.S. Sen. Tom Harkin, D-Ia., has nominated two Iowa women to replace retiring Judge Michael J. Melloy on the 8th U.S. Circuit Court of Appeals."
Report: Racial inequalities rife in Minn.'s juvenile justice system
Minnesota Public Radio: "'On the Level,' a new report from the Minnesota Department of Public Safety . . . details how the state system is plagued by racial inequalities worse than other Midwestern states or other states of Minnesota's size." Report on Minority Contact in Minnesota's Juvenile Justice System
S.D.: Jan. 1 change to record search fee
S.D. Unified Judicial System: "Pursuant to a legislative change to SDCL 16-2-29.5 that becomes effective January 1, 2013, the charge for certain record searches conducted by the Unified Judicial System will increase from $15 to $20."
Court adopts amendments to pro hac vice admission rule
The North Dakota Supreme Court has adopted amendments to Admission to Practice Rule 3(A) on pro hac vice admission. The amendments take effect Jan. 1, 2013.
November 14, 2012
Belgrade man challenges Montana law prohibiting 'fighting words'
Missoulian/AP: "The Montana Supreme Court could be left sorting out which profane words are OK to hurl at someone as it weighs the case of a man who argues a sexual slur he used against a public employee is constitutionally protected speech."
Minn.: Court rejects sex offender's appeal
St. Cloud Times: "The state Court of Appeals on Tuesday rejected a request from an Alexandria man to throw out a court order committing him indefinitely to the Minnesota Sex Offender Program." Opinion Text: Commitment of Anderson
Minn.: Judge Mark Starr honored for efforts to improve traffic safety
Minnesota Judicial Branch: "Sixth Judicial Distirct Judge Mark Starr was recently honored by Minnesota's Toward Zero Deaths program with its Star Award in recognition of his efforts to improve traffic safety in St. Louis County, where he is chambered."
U.S.: Signs, donkeys and other court-ordered shaming
St. Paul Pioneer Press/AP: "A woman caught on camera driving on a sidewalk to pass a Cleveland school bus was ordered this week to hold a sign at the intersection reading, 'Only an idiot would drive on the sidewalk to avoid a school bus.' It was the latest example of creative, and sometimes controversial, sentences handed out by judges to publicly shame offenders."
Council of State Governments honors Sen. Nething
North Dakota State Senator Dave Nething has been honored with the Council of State Governments Distinguished Service to the States Award. Nething is a retired attorney who served in the state senate from 1966-2012.
November 13, 2012
U.S. Supreme Court opinion: Nov. 13
The United States Supreme Court has issued an opinion in a Fair Credit Reporting Act case. United States v. Bormes
Ward County Bar Association meeting set for Nov. 16
Judge David Nelson will be giving a presentation on probate issues at the next Ward County Bar Association meeting. The meeting will be held at noon on Friday, Nov. 16, at Michael's Restaurant in Minot.
Minnesota judge inspired many lawyers, and now a film
St. Paul Pioneer Press: "Emily Haddad was working as an attorney when she heard a speech that changed her life. The speaker was former Minnesota Supreme Court Justice Rosalie Wahl. The title of her talk was 'On Being a Public Citizen in Dark Times.' It was February 2003."
Minn.: Cameras allowed in Duluth court for first time
Duluth News Tribune: "State District Court Judge Shaun Floerke on Friday made a little media and legal history in Northeastern Minnesota, allowing cameras into a civil court hearing in Duluth."
Minn.: Veterans armed with job protection
Minneapolis Star Tribune: "The most recent addition to Minnesota laws favoring veterans was passed by the Legislature this year and signed by Gov. Mark Dayton. The measure extends the rights of veterans from the public sector to private enterprise. Under the law, private-sector employers are authorized, but not obligated, to grant 'preference' to hiring and promoting veterans."
Lawyers in Sandy's path offer free help to storm victims
Wall Street Journal: "As the lights come back on and building repairs commence, life is gradually returning to normal at many of the big law firms whose offices got slammed by Superstorm Sandy."
Study: US judges' criminal caseloads vary widely
Associated Press: "Federal judges across the nation are shouldering criminal caseloads that vary widely in size, sometimes even among judges in the same courthouse, according to a study released Sunday." TRAC Study on Criminal Caseloads
Calif.: Mojave Desert cross stands again
Riverside Press Enterprise: "After more than a decade of First Amendment court battles, a cross stands again in the Mojave National Preserve, for the first time with the legal blessing of the U.S. Supreme Court."
Court: Starbucks owes more than $14M to Mass. baristas
Boston Globe: "A US Court of Appeals panel in Boston upheld a lower court ruling that found Starbucks owes Massachusetts baristas more than $14 million for violating state laws preventing supervisors from sharing in tips pools." Opinion Text: Matamoros v. Starbucks Corp.
November 9, 2012
Grand Forks family faces double medical adversities
G.F. Herald: "Kelly and Chris Hutton have had plenty of eventfulness this year. The couple, who both work for Grand Forks County, had their first baby on May 19 in a traumatic birth."
States, Standing Rock to work together to track sex offenders
Bismarck Tribune/AP: "The states of South Dakota and North Dakota have reached an agreement to work with the Standing Rock Sioux Tribe to crack down on sex offenders."
Supreme Court upholds SD woman's theft conviction
KELO News: "The South Dakota Supreme Court has upheld a Belle Fourche woman's conviction and sentence for stealing about $224,000 from her employer." Opinion Text: State v. Schmidt
Minn.: Law protecting domestic abuse victims challenged in state Supreme Court
Minnesota Public Radio: "The Minnesota Supreme Court has agreed to consider the constitutionality of a state law designed to protect the victims of domestic abuse."
Montana voters' verdict: Supreme Court was wrong.
Wall Street Journal: "Five months after the Supreme Court threw out Montana's 1912 campaign finance law, the state voted overwhelmingly to throw out the justices' reasoning."
Mont.: Circuit court declares Northern Rockies wolf-hunting case moot
Billings Gazette: "A part of the legal fight over hunting wolves in the Northern Rockies officially disappeared from the record when the 9th U.S. Circuit Court of Appeals declared the case moot this week."
Wyoming Supreme Court reconsiders teen's sentence
Laramie Boomerang: "Lawyers for two Wyoming teenagers serving life sentences in the home invasion slaying of a Sheridan man will get a chance to tell the state Supreme Court next month that the two deserve lesser punishment."
Lawyer photos may be posted
The Supreme Court website is posting photos of lawyers as part of the online Lawyers Directory. More than 2,200 lawyer photos are presently on the website.
UND center launching online human rights symposium Nov. 12
The University of North Dakota Center for Human Rights and Genocide Studies on Monday, Nov. 12, will launch the first in a series of interactive online symposia grappling with significant human rights issues of the day.
Job Announcement
A job announcement for a Deputy Supreme Court Clerk I with the Office of the Clerk of the Supreme Court in Bismarck has been posted.
November 8, 2012
S.D.: Judge to retire after 10 years here
Moody County Enterprise: "David Gienapp has represented the Third Judicial Circuit since 2002 but will be presiding over his final court appearances in the upcoming months." S.D. Unified Judicial System News Release
S.D.: Justice Severson retained by voters
S.D. Unified Judicial System: "Justice Glen A. Severson was retained by the voters during the general election to represent the Second Supreme Court District. Justice Severson received 239,059 approval votes, which represented 80.18% of the votes cast."
Mont.: Appeal of Indian land trust settlement rejected
Williston Herald/AP: "The U.S. Supreme Court won't consider a Colorado woman's challenge of a $3.4 billion settlement between the federal government and Native American land trust beneficiaries."
U.S.: Appeals court rejects torture suit against Rumsfeld
Reuters: "Two American citizens cannot sue former Defense Secretary Donald Rumsfeld over allegations that they were tortured by the U.S. military in Iraq, a federal appeals court ruled on Wednesday." Opinion Text: Vance v. Rumsfeld
Analysis: U.S. battle over ballots averted, but not forever
Reuters: "They sued early and often. Voting-rights advocates, along with the U.S. Department of Justice and some political party officials, tackled potential electoral problems early this election year. Judges blocked stringent voter ID laws, lifted registration restrictions and rejected limits on early voting."
November 7, 2012
Cruff, Greenwood win district judge elections
Assistant Barnes County State's Attorney Brad Cruff defeated longtime District Judge Richard Grosz in Tuesday's election while Dickinson attorney Dann Greenwood defeated Stark County State's Attorney Tom Henning and will succeed retiring Judge Patrick Weir. Supreme Court Justice Dan Crothers and 13 other district judges were elected without opposition. N.D. Secretary of State Election Results
Voters say no to new courthouse for Griggs County
Williston Herald/AP: "Voters in eastern North Dakota's Griggs County have defeated a $2 million bond issue to build a new courthouse. The Grand Forks Herald reports that the measure on Tuesday's ballot got support from only 49 percent of voters when 60 percent approval was required."
Incumbents hold on to Minnesota Supreme Court
G.F. Herald: "No sitting Minnesota Supreme Court Judge has lost his or her position in 66 years and that didn't look to change Tuesday. Incumbents were holding on to substantial leads in the three spots up for election. There are seven Minnesota Supreme Court justices." Minnesota judicial election returns Duluth News Tribune: 3 incumbents re-elected to Minnesota Supreme Court
Iowa Supreme Court justice staying on bench despite anti-retention campaign
Cedar Rapids Gazette: "Iowa Supreme Court Justice David Wiggins thanked Iowans Wednesday for preserving fair and impartial courts." Iowa judicial election returns Des Moines Register: Voters retain Justice David Wiggins
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed a judgment in a North Dakota crop insurance case. Dawson Farms v. Risk Management Agency
3 incumbents re-elected to Minnesota Supreme Court
Duluth News Tribune/AP: "Three incumbents appointed by Gov. Tim Pawlenty won new terms on the Minnesota Supreme Court on Tuesday."
Iowa: Voters retain Justice David Wiggins
Des Moines Register: "Voters retained Justice David Wiggins on the Iowa Supreme Court, following a heated campaign to remove him from the bench."
Calif.: Death penalty repeal dead
S.F. Chronicle: "Proposition 34, an initiative to repeal California's seldom-used but politically potent death penalty law, looked dead with nearly 95 percent of the votes counted Wednesday"
Will law school students have jobs after they graduate?
Washington Post: "Erwin Chemerinsky is a noted constitutional law scholar who has devoted his career to legal education. He is also the founding dean of the law school at the University of California at Irvine. Chemerinsky's new school opened in 2009, amid the financial crisis and a related - and perhaps permanent - sharp constriction in the job market for new lawyers."
Lawyer licenses expire Dec. 31
The State Board of Law Examiners reminds lawyers that 2012 licenses to practice law in North Dakota expire Dec. 31, 2012, regardless of when the 2012 license fee was paid. Lawyers should watch their mail for the 2013 billing and promptly pay the fee. All license fees are due on or before Jan. 1, 2013.
November 6, 2012
Minn.: Dakota County district court to launch electronic filing system
St. Paul Pioneer Press: "Dakota County District Court soon will be the latest to launch an electronic filing system that allows attorneys and others to file and access civil, family and criminal documents at any time from a computer." Minnesota Judicial Branch News Release
S.D.: Mount Marty instructors honored for prison classes
KELO News: "The Yankton Federal Prison Camp has honored two associate English professors at Mount Marty College for classes they teach to inmates at the prison in Yankton.""
Appeals court reviews strict Arizona abortion ban
CBS News: "A three-judge panel of the 9th U.S. Circuit Court of Appeal cast a skeptical eye Monday on the country's most-restrictive abortion law, which prohibits the procedure after 20 weeks of pregnancy unless there's a medical emergency."
Harnden honored for 40 years service as court reporter
Court Reporter Joyce Harnden was honored this week for her 40 years of service in the North Dakota judicial system. Harnden has worked with Judges Clem Kelsch, William Hodny and Donald Jorgensen.
Job Announcement
A job announcement for a Deputy Clerk of District Court I with the North Dakota Court System in Fargo has been posted.
November 5, 2012
U.S. Supreme Court opinion: Nov. 5
The United States Supreme Court has issued a per curiam opinion in an attorney fees case. Lifemine v. Wideman Associated Press: Officers may have to pay fees in lawsuit
U.S. Supreme Court Nov. 7 arguments
Wednesday, the United States Supreme Court will hear arguments in a debt collector harassment case under the Fair Debt Collection Practices Act and a trademark case involving athletic shoes. Marx v. Gen. Revenue Corp. Already, LLC v. Nike, Inc.
South Central Juvenile Drug Court celebrates 10 years
The South Central Juvenile Drug Court opened its doors 10 years ago on Oct. 19, 2002. Current and past team members along with invited guests celebrated with a reception at the Ramkota Hotel, Bismarck, Oct. 4, 2012.
UND symposium to focus on domestic violence and sexual assault
The North Dakota Law Review will host a one-day law symposium focused on domestic violence and sexual assault at 8 a.m., Thursday, Nov. 8, in the Baker Courtroom on the third floor of the University of North Dakota School of Law building.
South Dakota Supreme Court rejects appeal in Gosch case
Rapid City Journal: "The South Dakota Supreme Court [Nov. 1] rejected an appeal by Stephanie Strong of Rapid City over a circuit judge's decision to change the venue of her lawsuit seeking to disqualify Republican state Rep. Brian Gosch."
Minn.: The unpopular but crucial role of representing abusive parents
Minneapolis Star Tribune: "Former Minnesota Supreme Court Justice Helen Meyer believes foster children will fare better if their birth parents have better lawyers. So she has turned the issue into her retirement project since stepping down from the bench in August."
New Opinion: Nov. 5
The Supreme Court posted a new opinion on Nov. 5.
Job Announcement
A job announcement for a contract attorney for the Commission on Legal Counsel for Indigents to provide legal services in Juvenile Court in Grand Forks has been posted.
November 4, 2012
U.S. Supreme Court Nov. 6 arguments
Tuesday, the United States Supreme Court will hear arguments in a double jeopardy case involving a reversed directed verdict and a conspiracy statute of limitations case. Evans v. Michigan Smith v. United States
November 2, 2012
Statehood Day in North Dakota
North Dakota is 123 years old today. The State was admitted to the Union on this date in 1889. The first Justices of the Supreme Court were (l-r) Joseph Bartholomew, Alfred Wallin, and Guy C. H. Corliss. Corliss, at age 31, was the first Chief Justice.
U.S. Supreme Court Nov. 5 arguments
Monday, the United States Supreme Court will hear arguments in two class action cases, one involving the standard for certification and the other involving evidence of damages. Amgen v. Connecticut Retirement Comcast Corp. v. Behrend
The Supreme Court at UND School of Law - The Oct. 30-31 photos
The North Dakota Supreme Court traveled to the University of North Dakota School of Law Oct. 30-31 to hear arguments, judge the moot court finals, teach classes, and visit with students. Here are the photos. Taking the Court to the Schools
Chief Judge in the Cairo Economic Court to lecture at law school
Monday, Cairo Economic Court Chief Justice Hanan Gamal Dahroug will deliver the Amelia & Oscar Fode Memorial Law Lecture at the Univ. of N.D. Law School. Free and open to the public the event is approved for 1 CLE credit. A 3:45 reception will precede the 4:30 lecture.
Minnesota Supreme Court: Three justices face challengers
St. Paul Pioneer: "Three incumbent justices are facing challengers for their Minnesota Supreme Court seats in Tuesday's election."
Branstad could appoint entire Iowa Supreme Court: Your reaction
Cedar Rapids Gazette: "It's still a long-shot proposition, but Iowans may be slowly and incrementally setting up a situation where Gov. Terry Branstad could become the first governor in history to appoint the entire Iowa Supreme Court." Quad-City Times: In retention vote, Wiggins' supporters focus on equality
November 1, 2012
Minnesota Supreme Court ruling on bonds will save state 'millions of dollars'
St. Paul Pioneer Press: "The Minnesota Supreme Court has ruled the state has the constitutional authority to borrow money to refinance the bonds it sold last year using the state's future payments from tobacco companies as a repayment stream." Opinion Text: Schowalter v. State
Minnesota filmmaker sentence appeal rejected
S.F. Chronicle/AP: "A Minnesota filmmaker sentenced to 10 years in prison for her role in the Iowa Film Office scandal was denied an appeal of her sentence Wednesday by the Iowa Court of Appeals." Opinion Text: State v. Runge
Minn.: Congressional inquiry into St. Paul housing case widens
Minnesota Public Radio: "A congressional inquiry into an apparent agreement between St. Paul and the Department of Justice is bringing more Washington officials into the alleged circle of who-knew-what. The city agreed to withdraw a housing case before the U.S. Supreme Court earlier this year."
U.S.: Justice Dept. OK with new review of health law
Associated Press: "The Obama administration told the Supreme Court on Wednesday that it does not object to reopening a Christian college's challenge to President Barack Obama's healthcare overhaul."
Kansas: Judge orders Kan. newspaper to reveal name of commenter
AP: "A northeast Kansas newspaper has been ordered to identify a person who posted a comment on its website about a story on a murder trial for which that commenter was serving as a juror."
The Supreme Court at West Fargo - The 2012 photos
The North Dakota Supreme Court traveled to West Fargo October 29 to hear arguments in State v. Chacano and visit with students. Here are the photos. Taking the Court to the Schools
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