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December 31, 2012
Gerald VandeWalle marks 20 years as Chief Justice Tuesday
On Tuesday, January 1, Gerald W. VandeWalle marks twenty years as North Dakota's chief justice. A justice since 1978, he had been elected in November 1992 to succeed retiring Ralph Erickstad as chief justice. Chief Justice Gerald VandeWalle judicial biography
Jail's `prayer warrior' leaves lasting legacy
Fargo Forum: "The Rev. Curt Frankhauser hadn't yet agreed to be the Cass County Sheriff's Office's volunteer chaplain when a deputy asked him to do his first death notification in 1979."
S.D.: Former small-town lawyer, Korean War veteran turned state Supreme Court justice dies
Rapid City Journal: "Frank E. Henderson, a South Dakota Supreme Court justice and a two-time state senator, died Friday at the age of 84."
Montana Supreme Court OKs lawsuit over fluctuating Flathead Lake levels
Missoulian/AP: "The Montana Supreme Court has ruled that litigation concerning the Kerr Dam on Flathead Lake and possible damage to lakeshore property resulting from fluctuating lake levels can proceed as a class-action lawsuit." Montana Supreme Court Cases
Laws approved by Montana voters take effect with new year
Billings Gazette/AP: "New laws going into place with the new year will require Montanans seeking state services to prove they are U.S. citizens, and require minors under 16 to receive parental permission for an abortion."
New Minnesota laws for 2013: Warranties, ads among changes
St. Cloud Times: "Extended warranties on certain electronic devices must be sold separately, not as part of a package deal, under a Minnesota law that takes effect Tuesday. It's one of many new laws that kick in as the new year arrives."
December 28, 2012
Justice Dale Sandstrom marks 20 years on Supreme Court Monday
Justice Dale V. Sandstrom marks 20 years on the North Dakota Supreme Court, Monday, Dec. 31. He is the eighth longest-serving justice in state history. Justice Dale Sandstrom judicial biography
Montana court rules for mom in playground accident
Helena Independent Record: "A Miles City mother is entitled to make her case that the city should be liable for a head injury her daughter sustained in falling off a playground slide, the Montana Supreme Court ruled." Montana Supreme Court Cases
S.D.: Police offer 'virtual ridealongs' via Twitter
G.F. Herald/AP: "Riding side by side as a police officer answers a call for help or investigates a brutal crime during a ridealong gives citizens an up close look at the gritty and sometimes dangerous situations officers can experience on the job."
Former Supreme Court Justice Stevens showcases legal knowledge, quick wit in Naples appearance
Naples News: "John Paul Stevens still worries about the effects of Bush v. Gore. He remains unnerved by capital punishment. And to this day, he still looks back on decades-old cases, some wistfully, some with regret."
U.S.: Appeals court revives workplace cybertheft lawsuit
Reuters: "In a decision that could make it easier for businesses to police cybertheft in the workplace, a U.S. appeals court revived a chemical company's lawsuit accusing a former Toronto-area employee of using her home computer to steal trade secrets from its Connecticut server." Opinion Text: MacDermid, Inc. v. Deiter
December 27, 2012
150 years later, Lincoln's Emancipation still sparks debate
USA Today: "Growing up in Alabama after World War II, the boy who would become the civil rights hero John Lewis spent New Year's with his sharecropper family at services in a small cinderblock Baptist church outside town."
U.S.: Besieged Atty. Gen. Eric Holder will leave a mixed legacy
Los Angeles Times: " Eric H. Holder Jr. was sworn in as attorney general four years ago with probably more on-the-job training, credentials and expertise than any of the 81 others who have run the Justice Department."
U.S.: New laws address gays, children, immigration
Jamestown Sun/AP: "Measures on gay rights and child safety are among the top state laws taking effect at the start of 2013, along with attempts to prevent identity theft and perennial efforts to restrict abortion and illegal immigration."
Report: Pine Ridge's jail overcrowded
Dickinson Press/AP: "The Oglala Sioux Tribal Offenders Facility in Pine Ridge operated at 432 percent of its rated capacity in June 2011, making it the most overcrowded American Indian correctional facility in the country."
Indictment dismissed in 1998 killing in NW Minnesota
G.F. Herald/AP: "The Minnesota Court of Appeals has thrown out the indictment against one of two brothers accused of killing their sister in 1998 at their home near Bagley in northwestern Minnesota." Opinion Text: State v. Martin
Happy Birthday, Drug/DUI Court
The state's first adult drug/DUI court will be twelve years old on Jan. 5, 2013 - and there's going to be a party! The celebration of the achievements of the first 12 years will be held Friday, Jan. 4, at 8:30 a.m. at the Burleigh County Courthouse.
December 26, 2012
Court rules environmental groups not party to energy regulation lawsuit
Minnesota Public Radio: "A Minnesota court has ruled that local and national environmental groups cannot participate as defendants in a lawsuit filed last year by North Dakota." Minneapolis Star Tribune: Judge keeps environmental groups out of N.D.-Minn. coal battle
Today marks anniversary of Dakota War hangings
G.F. Herald/AP: "They were Dakota warriors. They met their fates with courage 150 years ago. The 38 condemned men, their hands bound behind them, rushed to the gallows that had been specially built for them on the edge of the Minnesota River in Mankato, Minn." St. Paul Pioneer Press: 150th anniversary of mass execution leaves unhealed wounds Reuters: Dakota Indians mark hangings of 1862 with trek on horseback
SD court settles Howard case
Mitchell Daily Republic: "The South Dakota Supreme Court ruled [Dec. 19] that an insurance company does not have to pay a former co-owner of a restaurant and bowling alley in Howard after the other co-owner intentionally burned down the business." Opinion Text: Fedderson v. Columbia Insurance Group
Minn. accidental child shootings: Parents prosecuted rarely
Minnesota Public Radio: "Authorities are considering what charges, if any, to bring against a Minneapolis father who they say left a loaded handgun within reach of his children. Police say [a] toddler was killed when his 4-year-old brother was playing with the gun."
Minnesota Supreme Court to hear appeal on contractor data
St. Paul Pioneer Press/AP: "A dispute over access to records kept by a private contractor doing public work is headed to the Minnesota Supreme Court. The high court intends to review a Minnesota Court of Appeals decision that ruled a small-town newspaper could get access to contractor data related to a major school construction project."
Mont.: Judge closes 18-year career on bench
Daily Inter Lake: "Flathead District Court is losing an 18-year veteran and its first female judge at the end of the year when Judge Kitty Curtis steps away from the bench. Curtis made history in November 1994 when she defeated two-term District Judge Michael Keedy to become the first woman judge in Flathead District Court."
The Constitution in 2013: Gains or losses on rights?
Constitution Daily: "The Supreme Court - the place in America where the Constitution most often gets new meaning - moves into 2013 after a momentous year of reexamining the core constitutional structure of the U.S. government. As the New Year unfolds, the court switches its center of attention from constitutional architecture to constitutional rights."
December 24, 2012
Donlin accepts police chief post
Bismarck Tribune: "In less than an hour Dan Donlin, 49, was offered and accepted the position of Bismarck Police Chief Friday afternoon. He takes command Jan. 19 after interim Police Chief Fred Wooten retires."
Christmas behind bars: Staff at prison, jail bring it in where possible
Jamestown Sun: "Incarceration can be a particularly difficult punishment at Christmas, but those who keep watch make efforts to bring prisoners a bit of cheer regardless." St. Paul Pioneer Press: Season can be a painful reminder of what inmates miss
Blood Simple: DWI test is latest in a series of SCOTUS 4th Amendment cases
ABA Journal: "Tyler G. McNeely had been convicted of drunk driving twice before. Whether that influenced his thinking in the early morning hours of Oct. 3, 2010, isn't clear. But when McNeely was pulled over in Cape Girardeau, Mo., on suspicion of driving while intoxicated, he refused to consent to a breath test."
Iowa court: Bosses can fire 'irresistible' workers
St. Paul Pioneer Press/AP: "A dentist acted legally when he fired an assistant that he found attractive simply because he and his wife viewed the woman as a threat to their marriage, the all-male Iowa Supreme Court ruled Friday." Opinion Text: Nelson v. Knight
Montana Supreme Court says police can break laws during investigations
Missoulian: "The Montana Supreme Court says an undercover law enforcement officer can break some laws in the course of an investigation. The justices reversed a lower court's ruling and said an officer did not engage in outrageous government conduct by using a fake drivers' license to fraudulently obtain a medical marijuana card." Montana Supreme Court Cases
S.D.: Appeal dropped to state's abortion wait time
Sioux Falls Argus Leader: "Planned Parenthood of Minnesota, North Dakota and South Dakota has asked a federal judge to drop its challenge to South Dakota's 72-hour abortion waiting period."
Wisc.: Elmbrook Church graduation case could go to Supreme Court
Milwaukee Journal: "The First Amendment dispute over Brookfield public high school graduations inside Elmbrook Church could be headed to the U.S. Supreme Court."
New Opinion: Dec. 24
The Supreme Court posted a new opinion on Dec. 24.
December 21, 2012
8th Circuit issues opinion in N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed a dismissal in a North Dakota Fair Debt Collection Practices Act case. Kangas v. Kieffer
S.D.: Groups show film, host panel to push for drug law reform
Sioux Falls Argus Leader: "Two groups hoping to influence upcoming discussions of criminal justice reform in South Dakota said Thursday night that they think more must be done to keep nonviolent drug offenders out of the state's prisons." S.D. Criminal Justice Initiative Final Report KELO News: Groups use movie to push prison issue
Mont.: Feds take secretive conservative group's documents
Missoulian: "State officials said Thursday that a federal grand jury has subpoenaed disputed documents involving a secretive conservative group that critics argue has been illegally coordinating with candidates."
U.S.: Judge dismisses suit challenging Senate filibuster
Associated Press: "A judge on Friday dismissed a lawsuit challenging the constitutionality of Senate rules that establish a 60-vote threshold for defeating filibusters." Opinion Text: Comman Cause v. Biden
Job Announcement
A job announcement for Executive Director of the State Bar Association of North Dakota has been posted.
December 20, 2012
Rep. Koppelman named Judiciary Committee Chairman
West Fargo Pioneer: "Rep. Kim Koppelman of West Fargo has been appointed Chairman of the Judiciary Committee in the North Dakota House of Representatives."
Jailed without conviction: Behind bars for lack of money
Christian Science Monitor: "About 10 million people are jailed each year for crimes large and small. Most - two-thirds of the 750,000 in jail on any given day - stay long periods without conviction at great cost to the public and to themselves because they can't afford bail." COSCA Policy Paper on Pretrial Release
Minn.: More than 6,300 forfeitures in 2011
Minneapolis Star Tribune: "Law enforcement agencies across Minnesota seized cars, cash and other property 6,338 times in 2011, State Auditor Rebecca Otto said Wednesday in releasing her agency's annual report on forfeitures."
Smith appointed to fill at-large seat on Minnesota Court of Appeals
Minnesota Judicial Branch: "Governor Mark Dayton announced the appointment of the Honorable John P. Smith as judge of an at-large seat on the Minnesota Court of Appeals. Judge Smith will be replacing The Honorable Wilhelmina M. Wright, who was appointed earlier this year to the Minnesota Supreme Court." Brainerd Dispatch: Dayton names Cass County's Judge Smith to appeals court
Court enacts new rule on electronic filing in district court
The North Dakota Supreme Court has enacted N.D.R.Ct. 3.5 on electronic filing in district court. The new rule takes effect Jan. 15, 2013. The rule replaces Administrative Order 16, which formerly governed electronic filing in district court. N.D.R.Ct. 3.5 Electronic Filing in the District Courts
December 19, 2012
N.D. Attorney General opinion: Dec. 19
North Dakota Attorney General Wayne Stenehjem has issued an opinion that amounts paid as penalties received by the Industrial Commission must be paid to the state Treasurer and credited to the general fund.
DUI bill would require jail time for 1st offense
Williston Herald/AP: "Standing next to an enlarged image of an 18-month-old girl who was killed by a drunken driver, supporters of a proposal to toughen North Dakota's DUI laws said Tuesday the time has come to pass a bill." Fargo Forum: Tougher North Dakota DUI law a tough sell?
Minn.: Former Roseau County sheriff of 28 years dies
G.F. Herald: "Paul Knochenmus is remembered for his role in a 1978 international man hunt, helping to build the first snowmobile and for introducing a system of law county-based enforcement contracts used by cities without police."
U.S.: Former Supreme Court nominee Robert Bork dies
USA Today: "Robert Bork, whose unsuccessful Supreme Court nomination made him a hero to conservatives and a touchstone in the culture wars over abortion and civil rights, died Wednesday. He was 85."
January Term of Court
The January term of court has been posted, including issues and briefs.
Job Announcement
A job announcement for an Assistant State's Attorney for Richland County, N.D., has been posted.
December 18, 2012
North Dakota follows federal law on gun sales
Bismarck Tribune: "For those in North Dakota who want to purchase a firearm, the process is fairly straightforward if they are eligible to own one. North Dakota follows federal guidelines and the state doesn't have specific laws related to gun purchases."
Montana Supreme Court rejects equal benefits for gay couples
Missoulian: "The Montana Supreme Court on Monday rejected an 'overly broad' request that gay couples be guaranteed the same benefits as married couples, but left the door open for advocates to modify their case and try again." Montana Supreme Court Cases
Court: Mont. can pursue ex-billionaire bankruptcy
ABC News/AP: "Montana's bid to force ultra-luxury resort founder Tim Blixseth into bankruptcy and make him come up with up $57 million in purported back taxes has been resurrected by an appeals court ruling in the case."
Minnesota relative caregivers must earn the same, appeals court rules
St. Paul Pioneer Press: "An amendment to state law that would have reduced the pay of personal care assistants who are related to their clients violates the Minnesota Constitution, the state court of appeals ruled Monday, Dec. 17." Opinion Text: Healthstar Home Health v. Jesson
Too big to jail? Execs avoid laundering charges
Williston Herald/AP: "When the Justice Department announced its record $1.9 billion settlement against British bank HSBC last week, prosecutors called it a powerful blow to a dysfunctional institution accused of laundering money for Iran, Libya and Mexico's murderous drug cartels."
New Opinions: Dec. 18
The Supreme Court posted 12 new opinions on Dec. 18.
December 17, 2012
U.S.: Supreme Court battle looms over right to carry a firearm
Jamestown Sun/AP: "The next big issue in the national debate over guns - whether people have a right to be armed in public - is moving closer to Supreme Court review."
S.D.: Smith sworn in as judge
Mitchell Daily Republic: "In all likelihood, it was the first and last time Pat Smith will proclaim 'let's eat cake' in a courtroom. Smith, who served as Davison County state's attorney for the last 14 years, was sworn in as the newest judge in South Dakota's First Judicial Circuit in a ceremony Friday at the Davison County Courthouse in Mitchell."
S.D.: Law enforcement won't change how it confronts marijuana possession
Rapid City Journal: "Two men moving from Washington state to Ohio were traveling through South Dakota with legally purchased medical marijuana when a Highway Patrol officer nabbed them and charged them with possession."
Minnesota appeals court backs wild rice standard
Duluth News Tribune: "The Minnesota Court of Appeals has affirmed a lower-court ruling that upholds the state's limit on sulfate in wild rice waters. In a 14-page decision released [Dec. 17], the appellate court said it lacked jurisdiction in the case but that it still affirmed a state district court decision in May to dismiss the case." Opinion Text: Minn. Chamber of Commerce v. MPCA
December 14, 2012
David Nething, UND Law Class of '63, to receive honorary degree
UND News Release: "UND will hold commencement ceremonies Friday, Dec. 14, at the Chester Fritz Auditorium, and will award honorary degrees to two alumni -- a retired state legislator and a longtime state historian -- as part of the events." David Nething Attorney Record
Federal judges sue to win promised pay increases
Williston Herald/AP: "With the nation teetering on an economic 'fiscal cliff,' federal judges may soon force Congress to dedicate possibly millions of dollars to what some of those same judges must consider a worthy cause: their own salaries."
Treasury spells out rules on taxing of tribes
Williston Herald/AP: " Taxes cannot be levied on honoraria to a shaman or spiritual leader for religious services, but could be assessed on per-capita payments from gambling revenues to tribal members, under a proposal for taxing Native Americans by the Internal Revenue Service."
U.S.: Kagan talks diversity and (dis)agreement on the Supreme Court
Politico: "Justice Elena Kagan opened up about life on the Supreme Court on Thursday night during a wide-ranging, humor-filled interview, discussing what it's like to write a dissent (with which she has had 'a little bit of practice now), diversity on the court, public opinion and what she anticipates will be the next important issues the court will take on."
Arizona Supreme Court OKs proposal to allow 3Ls to take bar exam
ABA Journal: "Arizona will allow third-year law students to take the bar exam in February under a three-year experimental program approved on Monday by the Arizona Supreme Court." Arizona Supreme Court Order
December 13, 2012
No vote on Fighting Sioux nickname in 2014
G.F. Herald: "Supporters of UND's old Fighting Sioux nickname did not submit petitions to force another statewide vote on the issue by Wednesday's deadline, Secretary of State Al Jaeger said [Dec. 13]."
Hammer named NDSU assistant general counsel
G.F. Herald/AP: " The North Dakota State University Office of the General Counsel has named Matthew Hammer as the new assistant general counsel." Matthew Hammer Attorney Record
U.S.: Election over, administration unleashes new rules
Associated Press: "While the 'fiscal cliff' of looming tax increases and spending cuts dominates political conversation in Washington, some Republicans and business groups see signs of a 'regulatory cliff' that they say could be just as damaging to the economy."
Mont. Supreme Court sides with Heron B&B owners in nasty dispute with neighbors
Missoulian: "A District Court jury in Sanders County was right when it awarded the couple who owned a Heron bed-and-breakfast $50,000 for emotional distress stemming from a highly contentious dispute with their neighbors, the Montana Supreme Court has ruled." Montana Supreme Court Cases
S.D.: Reflections on the Beef Checkoff Litigation
Red Room: "Over the years, the federal government and state governments have passed laws authorizing producers of various agricultural commodities to assess and collect mandatory fees in order to pay for the generic advertising of their products."
Ohio: Military unit opens up at BCI
Belmont County Times Leader: "The Belmont Correctional Institute officially opened its new military unit Monday. The program offers veteran inmates an environment of support and encouragement where veterans will help other veterans to deal with issues they uniquely face in their rehabilitation."
December 12, 2012
Mont.: Helena judge dismisses most of American Tradition Partnership lawsuit
Missoulian: "A state judge has dismissed the heart of a lawsuit by a conservative political group fighting state efforts to regulate it, after the group refused to disclose further financial records to the court."
Wyo. Supreme Court hears life sentence arguments
Laramie Boomerang/AP: "The lawyer for a man convicted of sexual abuse of a minor told the Wyoming Supreme Court on Tuesday that it was improper for the trial judge to allow the jury to hear testimony from the man's previous sexual assault victim."
LePage honored by Minnesota County Attorneys Association
Brainerd Dispatch: "Assistant Crow Wing County Attorney Janine LePage was presented with the Minnesota County Attorneys Association Professional Achievement Award at the Minnesota County Attorneys Association annual meeting last week."
Ariz.: In a first, the Bill of Rights is set in stone
National Law Journal: "By trade, Chris Bliss is a stand-up comic and juggler - not a lawyer. In spite of that, or maybe because of it, Bliss is on the verge of a unique accomplishment that will warm the hearts of lawyers. Almost single-handedly, he has willed into existence what may be the first-ever monument to the Bill of Rights in the nation." Bill of Rights Monument Website
Calif. high court pulled Into Target liability case
Courthouse News Service: " The California Supreme Court should provide guidance on demands that all retailers there need defibrillators for customer emergencies, the 9th Circuit said Tuesday." Certification Order
December 11, 2012
U.S.: Sotomayor book offers personal look
Laramie Boomerang/AP: "Supreme Court Justice Sonia Sotomayor says in her upcoming memoir that her lifelong battle against diabetes and the fear that she might die early played a big part in her decision not to have children."
U.S.: Court system braces for layoffs as clock on fiscal crisis ticks
Fox News: "The federal court system is bracing for the possibility of thousands of layoffs or furloughs next month, marking the latest branch of government to plan for the worst in case Congress and the White House fail to avert the looming fiscal crisis."
6 questions with Joey Jayne, Montana's first native woman Justice Court judge
Indian Country Today: "Northwestern Montana's Lake County Justice of the Peace-elect Joey Jayne, Navajo, was elected after which she calls a lot of perseverance in this year's 2012 election cycle. She's the first Native woman Justice Court Judge in Montana's history."
Study shows 24/7 Sobriety Program in SD works
Rapid City Journal: "Attorney General Marty Jackley says a new report is further evidence that South Dakota's 24/7 Sobriety Program is working. The program was started in 2005, giving people convicted of alcohol-related crimes a chance to stay out of jail as long as they stay sober."
Court strikes down Illinois concealed carry law
St. Paul Pioneer Press/AP: "In a big victory for gun rights advocates, a federal appeals court on Tuesday struck down a ban on carrying concealed weapons in Illinois-the only remaining state where carrying concealed weapons is entirely illegal." Opinion Text: Moore v. Madigan
December 10, 2012
U.S. Supreme Court opinion: Dec. 10
The United States Supreme Court has issued an opinion in a Civil Service Reform Act case involving an employment discrimination claim. Kloeckner v. Solis
Fargo judge receives humanitarian achievement award
Fargo Forum: " In honor of a good friend, a national advocate for human rights in law traveled here and spoke Saturday. Stephen Bright, the president and senior counsel for the Southern Center for Human Rights was here to support Judge Myron Bright, 93, as he received a humanitarian achievement award from Temple Beth El in Fargo."
Feds will pay Indians for mismanaging accounts
Jamestown Sun: "A long-awaited major settlement with the federal government means that checks for $1,000 will arrive soon at homes across Indian Country, including more than 15,000 going to members of the Turtle Mountain Band of Chippewa Indians: a nice Christmas present for some, a significant windfall for others."
Study: Montana judges burdened by heavy workload
Helena Independent Record: "An annual study again shows Montana judges are overburdened by a workload that sees them handling as many as 85 matters a day and more." Billinga Gazette: Study shows judges have heavy workloads in Montana district courts
Mont.: Shortage on federal bench looms as appointees take senior status
Great Falls Tribune: "Montana soon will have two vacancies on the federal bench, and it could be a while before they are filled. Two of Montana's three 'Article III' federal judges, who are appointed by the president, confirmed by the U.S. Senate, and serve lifetime appointments, are stepping down in the coming months to take 'senior status.'"
S.D.: Chief Justice to deliver commencement address
USD News Release: "Chief Justice David E. Gilbertson will be the keynote speaker for the University of South Dakota's 37th Winter Commencement at 10 a.m. on Saturday, Dec. 15. More than 560 candidates will receive degrees during the ceremony at the DakotaDome on the USD campus."
Minnesota felons' DNA samples slip through the cracks
Minneapolis Star Tribune: "When prosecutors learned that Minnesota authorities weren't always getting DNA from convicted felons, Ramsey County Attorney John Choi asked the chief of his criminal division, Richard Dusterhoft, to double-check their files. At first skeptical, Dusterhoft grew alarmed when he discovered that dozens of felons were slipping through the cracks each year."
December 7, 2012
U.S.: Supreme Court will hear gay marriage cases
Associated Press: "The Supreme Court will take up California's ban on same-sex marriage, a case that could give the justices the chance to rule on whether gay Americans have the same constitutional right to marry as heterosexuals."
Purdon says White House invite shows ND progress
Williston Herald/AP: "The U.S. attorney for North Dakota says his participation in a White House conference with hundreds of American Indian tribal leaders shows the progress his office has made in trying to lower crime on the state's reservations."
Mont.: Court denies attorney fees in campaign finance case
Billings Gazette: "American Tradition Partnership and other parties can't recover nearly $140,000 in attorney fees from the state after successfully suing to strike down the 1912 Corrupt Practices Act, the Montana Supreme Court has ruled." Montana Supreme Court Cases
Minn.: New centralized support center offers assistance to efilers
Minnesota Judicial Branch: "Attorneys, legal administrators, and government agencies seeking to eFile case documents in district courts or serve parties electronically can now get help over the phone or via eMail through the new, centralized MN eFile Support Center."
December 6, 2012
Mont.: Supreme Court backs county in zoning case over Helena gravel mine expansion
Billings Gazette: "The Montana Supreme Court has agreed with a lower court order upholding a 2008 move by Lewis and Clark County that prohibited expanded mining by Helena Sand & Gravel in a newly created zoning district." Montana Supreme Court Cases
Minn.: St. Paul crime lab fixes estimated at $1M
Minnesota Public Radio: "The city is considering spending more than $1 million to fix its troubled crime lab. But questions remain about what the lab's future will look like."
U.S.: Justices divided over international child custody dispute
CNN: "The Supreme Court displayed some discomfort on Wednesday as it tried to resolve a testy international custody fight. Deep divisions were apparent from the bench, as the justices tried to sort out competing allegations raised by the parents and proper legal remedies."
Job Announcement
A job announcement for an Assistant State's Attorney for Stutsman County has been posted.
December 5, 2012
Governor's budget address
In his budget address, Wednesday, Gov. Jack Dalrymple proposed "$12 million for a complete renovation of the UND School of Law;" increased funding for law enforcement and public safety, including "requests from the Attorney General's Office and the Judicial Branch to fund more positions that will strengthen the Bureau of Criminal Investigation and our district courts;" and "an additional $1 million to enhance guardianship services that help ensure the protection and dignity of North Dakota's growing senior population and our most vulnerable citizens." 2013-2015 Budget Address
Sen. Hoeven names Bernstein Washington chief of staff
U.S. Senator John Hoeven has named Ryan Bernstein as his Washington chief of staff. Bernstein has been serving as deputy chief of staff and legal counsel since Hoeven moved from the governor's office to the senate. Ryan Bernstein lawyer record
Fargo native, Stanford Law School dean profiled
Fargo native and new Stanford Law School dean, Mary Elizabeth `Liz' Magill, is profiled in the current issue of the Stanford Lawyer. She is the daughter of retired Eighth Circuit Court of Appeals Judge Frank Magill. Stanford Lawyer: Meet Liz Magill: Catching Up with Stanford Law School's New Dean Stanford News: Mary Elizabeth Magill named dean of Stanford Law School
Judicial Conference Executive Committee Dec. 6 agenda
The agenda for the Dec. 6 meeting of the Judicial Conference Executive Committee has been posted.
Judicial Planning Committee Dec. 7 agenda
The agenda for the Dec. 7 meeting of the Judicial Planning Committee, and the committee's Aug. 24 minutes, have been posted.
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed a U.S. District Court of North Dakota decision denying a drug possession defendant's request to withdraw her guilty plea. United States v. Gamboa
Minnesota sex offender task force's recommendations put pressure on Legislature
St. Paul Pioneer Press: "A recommendation from a recently formed sex offender task force should force legislators to start doing some serious work with the Minnesota Sex Offender Program, according to a lawmaker from one of two cities where offenders are now treated in costly facilities."
December 4, 2012
Personnel Policy Board Dec. 14 agenda
The agenda for the Dec. 14 meeting of the Personnel Policy Board and the board's June 22 minutes have been posted.
U.S. Supreme Court opinion: Dec. 4
The United States Supreme Court has issued an opinion in a Takings Clause case involving temporary flooding of a timber growing area. Arkansas Game and Fish Comm'n v. United States St. Paul Pioneer Press/AP: High court says government can be liable for flood
N.D. Attorney General opinion: Dec. 4
North Dakota Attorney General Wayne Stenehjem has issued an opinion that records attached to an outstanding claim filed with the Risk Management Division of OMB are exempt from disclosure and may be released only if authorized by the Risk Management Division.
Hamm elected president-elect of national group
Williston Herald/AP: "North Dakota Insurance Commissioner Adam Hamm has been elected president-elect of the National Association of Insurance Commissioners." N.D. Insurance Department
Recommendations advance for treating sex offenders in Minnesota
G.F. Herald/AP: "A special panel tasked with looking at alternatives to Minnesota's costly, high-security program for dangerous sex offenders recommended state legislators consider less restrictive regional treatment facilities."
NY court OKs $1M school racial harassment award
Associated Press: "One of the biggest awards ever issued for racial harassment in high school - $1 million - was upheld Monday by a federal appeals panel that said it was fair for a jury to conclude a school district should have done more to stop demeaning, threatening and violent conduct directed at a student." Opinion Text: Zeno v. Pine Plains Central School Dist.
New Disciplinary Order: Dec. 3
The Supreme Court posted a new disciplinary order on Dec. 3.
Administrator sets 2013 judgment interest rate
The North Dakota State Court Administrator has set the judgment interest rate for 2013 at 6.50 percent. The adminstrator is required by law to annually determine the judgment interest rate prior to Dec. 20. The rate will be applied to all judgments entered in 2013.
Court approves amendments to prosecutor responsibility rule
The North Dakota Supreme Court has approved amendments to Rule of Professional Conduct 3.8 regarding the special responsibilities of a prosecutor. The amendments take effect March 1, 2013.
December 3, 2012
U.S. Supreme Court Dec. 5 arguments
Wednesday, the United States Supreme Court will hear arguments in an international parental child abduction case. Chafin v. Chafin
Court Technology Committee Dec. 7 agenda
The agenda for the Dec. 7 meeting of the Court Technology Committee, and the committee's Oct. 19 minutes, have been posted.
New Legislature website launches
Jamestown Sun/AP: " In his former job as director of the North Dakota Taxpayers Association, Dustin Gawrylow kept tabs on more than 60 bills during the last Legislature, a job he said was made laborious by the Legislature's 'completely antiquated' website." Legislative Branch Website
Minnesota attorney general wants deeper background checks on guardians
St. Paul Pioneer Press: "After hundreds of allegations of guardian abuse, neglect and theft across the nation, Minnesota Attorney General Lori Swanson wants a more rigorous background check process for all guardians and conservators in Minnesota."
Dayton names Minnesota tax court judges for open spots
St. Paul Pioneer Press/AP: "Gov. Mark Dayton has named two attorneys to fill vacant seats on Minnesota's tax court, which considers tax cases. Dayton's office said Friday, Nov. 30, that he picked Bradford Delapena and Joanne Turner to fill seats previously been held by Judges Sheryl Ramstad and Kathleen Sanberg."
Obama to appoint 2 federal judges in Montana in 2013
Missoulian: "The move to senior status of two of Montana's three federal district judges virtually ensures that the Obama administration will get to appoint their replacements, probably next year."
Mont.: Supreme Court upholds long prison sentence for Billings sex offender
Missoulian: "The Montana Supreme Court has upheld the lengthy prison sentence imposed on a Billings man who sexually assaulted an 11-year-old boy. Chief Justice Mike McGrath said in a recent opinion that Jimmy Jay Gauna failed to show that his public defender provided ineffective assistance when Gauna was sentenced in September 2011 to 100 years in prison, with 50 years suspended."
December 2, 2012
U.S. Supreme Court Dec. 4 arguments
Tuesday, the United States Supreme Court will hear arguments in Clean Water Act case involving stormwater runoff pollution and a Medicare reimbursement claim case. Los Angeles Cnty. Flood Control Dist. v. Natural Res. Def. Council, Inc. Sebelius v. Auburn Regional Medical Center
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