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January 31, 2013
Judicial Conference Executive Committee Feb. 7 agenda
The agenda for the Feb. 7 meeting of the Judicial Conference Executive Committee, and the committee's Nov. 20 and Dec. 6 minutes, have been posted.
Pain or prison time? Mont. legislator wants to give inmates the choice
Missoulian: "A Montana lawmaker says convicts should be allowed to get out of prison time if they instead agree to the infliction of physical pain an idea that so far is receiving a cool reception."
Wisconsin couple wanted birth control, got vitamins, can't collect
St. Paul Pioneer Press/AP: "A clinic that mistakenly gave vitamins instead of birth-control pills to a Wisconsin woman doesn't have to pay to raise the child she conceived but can be sued for other financial damages, a state appeals court ruled Wednesday." Opinion Text: Nell v. Froedtert & Community Health
U.S.: Law schools applications fall as costs rise and jobs are cut
New York Times: "Law school applications are headed for a 30-year low, reflecting increased concern over soaring tuition, crushing student debt and diminishing prospects of lucrative employment upon graduation."
January 30, 2013
Personnel Policy Board Feb. 8 agenda
The agenda for the Feb. 8 meeting of the Personnel Policy Board, and the board's June 22 minutes, have been posted.
Minn. Supreme Court: Website comments about Duluth doctor not defamatory
Duluth News Tribune: "Critical comments a patient's son made about a Duluth neurologist are not cause for a lawsuit, the Minnesota Supreme Court ruled." Opinion Text: McKee v. Laurion Associated Press: Minn. high court says online post legally protected
S.D. senator seeks to repeal law allowing people to sue someone for stealing spouse
Minneapolis Star Tribune/AP: "A South Dakota state senator had hoped a sensational trial that aired details of a prosecutor's romance would help him in his decade-long quest to get rid of a state law that allows people to seek financial damages from someone for stealing a spouse."
Job Announcement
A job announcement for the Head of Bench and Bar Services at Thormodsgard Law Library in Grand Forks has been posted.
January 29, 2013
New Opinion: Jan. 29
The Supreme Court posted a new opinion on Jan. 29.
North Dakota struggles to cope with its oil-boom prosperity
Minneapolis Star Tribune: "His tan overalls splattered with oil field mud, 41-year-old trucker Scott Brevig sat next to his semitrailer truck inside a rented machine shop and cracked open a Full Throttle energy drink. It was 9:45 p.m." New York Times: An oil boom takes a toll on health care
Supreme Court Justice Scalia offers perspective on the law at SMU lecture
Dallas Morning News: "U.S. Supreme Court Justice Antonin Scalia says a key part of interpreting the law properly is reaching decisions even when they contradict one's beliefs. 'The judge who always likes the results he reaches is a bad judge,' he told an audience Monday evening at Southern Methodist University."
After landmark Supreme Court win, drug defendant represents himself at retrial
Legal Times: "Antoine Jones has been in federal custody since late 2005, when the authorities picked him up on charges that he participated in a large-scale cocaine distribution ring in the Washington metropolitan area."
Minnesota Senate committee backs jury bias ban
G.F. Herald/AP: "A Minnesota Senate committee has passed a bill to prohibit lawyers from dismissing potential jurors based solely on their sexual orientation or marital status."
Feds seek help capturing disbarred Iowa attorney
Quad City Times/AP: "Disbarred Iowa lawyer Dennis Bjorklund is infamous for running from regulators, employees and clients, but he now faces his biggest challenge yet: eluding the FBI."
January 28, 2013
New Opinions: Jan. 28
The Supreme Court posted 2 new opinions on Jan. 28.
McLean County Courthouse Open House: The photos
McLean County held an open house at its new courthouse on Jan. 25. Here are the photos.
Court seeks comment on proposed changes to Admission to Practice Rules
The North Dakota Supreme Court has issued a Notice of Comment on proposed amendments to the North Dakota Admission to Practice Rules. Comments are due Feb. 25.
Job Announcement
A job announcement for a court reporter with the district court in Valley City has been posted.
State's attorney hires new assistant
Valley City Times: "Attorney Carl Martineck is the new Barnes County Assistant State's Attorney, replacing Brad Cruff, who left the state's attorney's office after being elected Judge of Southeast District Court Eight in Wahpeton."
Montana GOP senator wants to change justice qualifications
Flathead Beacon/AP: "A Republican state senator launched a long-shot bid Thursday for a constitutional amendment that would require prior judicial experience for Montana Supreme Court justices."
S.D.: Legal legislation has links to Mitchell
Mitchell Republic: "Legislation that would allow prosecutors to appeal when a circuit judge throws out a jury's guilty verdict has some roots in a Mitchell case."
S.D.: Northern Hills Drug Court graduation
S.D. Unified Judicial Branch: "The Fourth and Seventh Circuit Courts will celebrate their 15th Northern Hills Drug Court graduation on Feb. 5, 2013 at 2 p.m. at the Pennington County Courthouse, Rapid City, South Dakota. The celebration will be held in Courtroom #1."
Wyo.: Laramie woman training for life in ring, courtroom
Laramie Boomerang: "She's soft spoken and cerebral, in her final semester at the University of Wyoming's College of Law. When she's not in class, she's studying for the bar exam in July or working as a legal intern with a Cheyenne law firm."
January 25, 2013
The Third Branch: This Week on the Hill
For Jan. 28-Feb. 1, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted. 63rd Legislative Assembly
Court: Obama appointments are unconstitutional
AP: "In an embarrassing setback for President Barack Obama, a federal appeals court panel ruled Friday that he violated the Constitution in making certain recess appointments and moved to curtail a chief executive's ability in the future to circumvent the Senate in such scenarios." Opinion text: Noel Canning v. NLRB Washington Times: Obama recess appointments unconstitutional, court Bloomberg: Obama NLRB Recess Appointments Unlawful, Court Says
January 24, 2013
Chester Reiten 1923-2013
Longtime state legislator and Minot business and community leader Chester Reiten, 89, died Tuesday. He founded the Norsk Hostfest and was a member of the Theodore Roosevelt Rough Rider Hall of Fame and the Scandinavian American Hall of Fame. Minot Daily News: Reiten built legacy in Minot
Bill: Move low-risk inmates to ND penitentiary
Williston Herald/AP: "Lawmakers will consider a bill on Thursday advocating that the Missouri River Correctional Center property in Bismarck be used for a public park." Bismarck Tribune: Hearing on Missouri River Correctional Center set for Thursday H.B. 1312
South Dakota Supreme Court upholds refinery permit
KSFY News: "The South Dakota Supreme Court has upheld the approval of an air quality permit that would allow a Texas company to begin construction on a proposed $10 billion oil refinery." Opinion Text: Application of Hyperion Energy Center
Minn.: Racial bias easing in justice system
Red Wing Republican Eagle: "The general tone of a community discussion Monday night revealed that racial disparities do exist in Minnesota's criminal justice system, but the issue is continuously improving."
New push to put Blackmun bust in Minnesota Capitol
G.F. Herald/AP: "Democratic lawmakers on Thursday proposed commissioning a bust of former U.S. Supreme Court Justice Harry Blackmun for display in the state Capitol, reviving a previously unsuccessful effort to honor the Minnesota native who played a prominent role in the Roe v. Wade decision."
February Term of Court
The February term of court has been posted, including issues and briefs.
January 23, 2013
N.D. Attorney General Opinion: Jan. 23
North Dakota Attorney General Wayne Stenehjem has issued an opinion that the personal information contained in a motor vehicle accident report is not protected information and is subject to disclosure by the Department of Transportation.
Law enforcement struggling to keep up with crime in Oil Patch
G.F. Herald: "Organized crime involving everything from scrap metal theft to drugs and prostitution is proliferating in North Dakota's booming Oil Patch, top prosecutors said Tuesday."
Minnesota has second lowest incarceration rate in the US
Shakopee Patch: "Minnesota has the second lowest incarceration rate in the country, according to state correctional officials, and they say that's because only the most high-risk offenders spend time behind bars." Minnesota Department of Corrections Performance Report
U.S.: Marijuana still a drug with no accepted medical use, court says
L.A. Times: "Marijuana will continue to be considered a highly dangerous drug under federal law with no accepted medical uses, after a U.S. appeals court Tuesday refused to order a change in the government's 40-year-old drug classification schedule." Opinion Text: Americans for Safe Access v. DEA
New Opinions: Jan. 23
The Supreme Court posted 13 new opinions on Jan. 23.
Joint Procedure Committee Jan. 31-Feb. 1 agenda
The agenda for the Jan. 31-Feb. 1 meeting of the Joint Procedure Committee and the committee's Sept. 27, 2012, minutes have been posted.
January 22, 2013
U.S. Supreme Court opinion: Jan. 22
The United States Supreme Court has issued an opinion in a Medicare reimbursement case. Sebelius v. Auburn Regional Medical Center
District court judges lobby for more help
Detroit Lakes Online: "North Dakota's judicial district court judges have been trying to handle an unprecedented number of court cases over the past two years and are pleading their own case to lawmakers for help."
Fighting Sioux nickname appeal to be heard Feb. 14
G.F. Herald: "A hearing has been set for Feb. 14 in St. Paul on Fighting Sioux nickname supporters appeal of a judges dismissal of their lawsuit against the NCAA."
Advocates hope for repeal of Montana anti-gay law
Billings Gazette/AP: "Gay rights advocates said Monday that they hope the Legislature will finally repeal an obsolete state law that criminalized gay sex in Montana before it was struck down by the courts in the 1990s."
Minn. court: Drunk driving laws not applicable to Segway
Minnesota Public Radio: "In a state where 1 of every 7 people has a drunk driving conviction, a Minnesota Court of Appeals decision [Jan. 22] provides some important guidance -- a Segway is not a motor vehicle." Opinion Text: State v. Greenman
Presiding judges chosen for 2013-2016 term
Presiding judge elections for the February 2013-February 2016 term are now complete. Three new presiding judges were elected: Judge John Greenwood in the Southeast Judicial District, Judge Laurie Fontaine in the Northeast Judicial District, and Judge Lawrence Jahnke in the Northeast Central Judicial District.
Parenting investigator, legal guardian ad litem training set for March 7
Philip Stahl, a psychologist in private practice from Maricopa County, Ariz., will present a six-hour training session on Critical Issues in Parent Responsibility Litigation on March 7 at the Holiday Inn, Fargo. Registration is due by Feb. 22, 2013.
January 21, 2013
Judges in western North Dakota say they're swamped with case work
Great Plains News: "A Williston district judge is telling North Dakota lawmakers that new judges are badly needed in western North Dakota. Judge David Nelson says criminal defendants are staying in jail too long because they can't make bail while they're awaiting trial. And the increase in case filings means it takes longer to schedule their trials."
US high court taking American Indian adoption case
Bismarck Tribune/AP: "The U.S. Supreme Court could reshape longstanding federal law on the adoption of Native American children, depending on how the justices rule in the case of a South Carolina family fighting for custody of their adopted daughter."
US high court taking American Indian adoption case
Bismarck Tribune/AP: "The U.S. Supreme Court could reshape longstanding federal law on the adoption of Native American children, depending on how the justices rule in the case of a South Carolina family fighting for custody of their adopted daughter."
January 18, 2013
McLean County to hold courthouse open house
McLean County will hold an open house at its new courthouse on Friday, Jan. 25, from 1-4 p.m. There will be a short program at 2:30 p.m. during the event. The county will be honoring past commissioners Ron Krebsbach and Julie Hudson-Schenfisch.
The Third Branch: This Week on the Hill
For Jan. 21-25, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted. 63rd Legislative Assembly
Bill-tracking service prompts quick action on measure for protection
Dickinson Press: "A new bill-tracking service designed to make North Dakota's legislative process more transparent has prompted emergency action to shield users from public record requests aimed at finding out which bills users are tracking and what they're saying about them."
Supreme Court conundrum: How far does a soybean seed patent go?
Reuters: "Vernon Hugh Bowman is the rare Indiana soybean farmer destined for immortality as a U.S. Supreme Court caption. Bowman had the temerity to attempt to outwit Monsanto, the giant agriculture company."
January 17, 2013
Law school requests $12 million for renovation
Dakota Student: "Between the Memorial Union and the Chester Fritz Library lies a building that often goes unnoticed by students at UND. However, for the students and faculty of the UND School of Law, that building housing the Thormodsgard Law Library and the law school is the central hub for their educations."
Ward County Bar Association to meet today; seeks members
The Ward County Bar Association will meet today, Jan. 17, at noon in the International Inn in Minot. The speaker will be Professor Bradley Myers, Associate Dean for Academic Affairs and Research and Randy H. Lee Professor of Law at the University of North Dakota. Ward County Bar Association Membership Form
Roberts roils Obama as Hughes stymied Roosevelt in Supreme times
Bloomberg News: "When Barack Obama takes the oath of office next week, he will look into the eyes of a man who has shaped the 44th presidents legacy like no one else. Chief Justice John Roberts, in turn, will swear in a president who played a central role in the U.S. Supreme Court's defining moments over the past four years."
Judge blocks portions of Montana medical marijuana law
NBC Montana News: "A judge decided to block portions of the stricter medical marijuana laws outlined in Senate Bill 423 on Wednesday -- portions that providers say would have put them out of business and leave patients without access."
Minn.: Judge dismisses Moorhead drug ordinance challenge
WCCO News/AP: "A federal judge has dismissed a lawsuit challenging a Moorhead ordinance outlawing drug paraphernalia. Chief U.S. District Judge Michael Davis found the ordinance is constitutional Friday."
Iowa Supreme Court worked through transition
Cedar Valley Courier: "State Court Administrator David Boyd said Wednesday he believes the Iowa Supreme Court has weathered a perfect storm of anti-judicial sentiment that brewed in 2010 following a controversial same-sex marriage decision and disruptive state budget cuts."
Wisc.: Judge orders Northland man to not father any more children
Duluth News Tribune: "A judge in Wisconsin has ordered a Hayward man to not have any more children as part of his sentence for failing to pay child support."
January 16, 2013
Minn.: Ramsey County aims to help veterans caught in court system
St. Paul Pioneer Press: "The Ramsey County attorney's office announced a new initiative Tuesday, Jan. 15, to deal with veterans who get in trouble with the law. The goal: Identify veterans as they enter the court system and figure out what services might help them, said County Attorney John Choi."
Obama nominates Minnesota attorney for ATF director
St. Paul Pioneer Press/AP: "President Barack Obama intends to nominate B. Todd Jones as his choice to be the next leader of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Jones is the U.S. Attorney for Minnesota."
Tribal justice reform slow-going In Indian Country
National Public Radio/AP: "[H]ope was high in 2010 when President Barack Obama signed the Tribal Law and Order Act, an overhaul intended to give tribal leaders more authority to combat crime on their reservations."
U.S.: Floating home is not vessel, Supreme Court says
Washington Post: "Not everything that floats is a boat, the Supreme Court ruled Tuesday, even if it is docked at a marina. Case in point: Fane Lozmans approximately 60-by-12-foot floating two-story home, which featured French doors and a staircase but no motor or rudder." Tampa Bay Times: U.S. Supreme Court sides with Florida man who said his boat was a home
Dish freed from U.S. rules on cable set-top boxes
Bloomberg News: "Dish Network Corp. won a federal appeals court ruling that frees pay-television providers from U.S. regulations blocking the use of some techniques to prevent illicit copying of programs." Opinion Text: Echo Star Satellite v. FCC
January 15, 2013
Warren Johnson 1940-2013
Longtime Grand Forks County Assistant State's Attorney Warren Johnson died Jan. 13. After a career in the military, Johnson attended the Univ. of N.D. School of Law and was admitted to the bar in 1985. His funeral will be Friday, Jan. 18, at St. Mary's Catholic Church in Grand Forks, with visitation from 1:30-2:30 p.m., followed by the memorial mass at 2:30 p.m. Warren Johnson Attorney Record
U.S.Supreme Court opinion: Jan. 15
The United States Supreme Court has issued an opinion in a maritime law case involving a floating home. Lozman v. Riviera Beach
Minn. court: Duluth man's self-shooting not 'reckless'
Duluth News Tribune: "The Duluth man who was convicted of two crimes after shooting himself in the stomach and claiming someone else shot him has had one of those convictions overturned." Opinion Text: State v. Cloutier
Minnesota looks to toughen laws for pugnacious bill collectors
Minneapolis Star Tribune: "Minnesota is stepping up efforts to combat overly aggressive debt collectors, with new rules that aim to prevent firms from going after money a person doesn't actually owe."
January 14, 2013
U.S. Supreme Court Jan. 15 arguments
Tuesday, the United States Supreme Court will hear arguments in a military medical malpractice case and a Takings Clause case involving a governmental refusal to issue a land use permit. Levin v. United States Koontz v. St. Johns River Water Mgmt.
U.S. Supreme Court Jan. 16 arguments
Wednesday, the United States Supreme Court will hear arguments in a cell tower permitting case and a patent law legal malpractice case. City of Arlington v. Federal Communications Commission Gunn v. Minton
Minn.: Judge's ruling favors Fond du Lac Band over City of Duluth
Duluth News Tribune: "The Eighth Circuit Court of Appeals has overturned a lower court's ruling requiring the Fond du Lac Band of Lake Superior Chippewa to make an estimated $14 million in casino revenue back payments to the City of Duluth." Opinion Text: City of Duluth v. Fond Du Lac Band of Chippewa
Appeals court ruling on commercial sex trafficking law lauded by S.D. prosecutors
Aberdeen American News/AP: "A recent federal appeals court decision has cleared the way for prosecutors to seek lengthy prison terms for people who try to pay for sex with minors." Opinion Text: United States v. Jungers
U.S.: Sotomayor opens up about childhood, marriage in 'Beloved World'
National Public Radio: "Over the course of time, Supreme Court justices have written 225 books. Few reveal much about the justices themselves, but Justice Sonia Sotomayor's autobiography, 'My Beloved World,' is a searingly candid memoir about her life growing up in the tenements of the Bronx, going to Princeton and Yale Law School, becoming a prosecutor and a private corporate lawyer and, at age 38, becoming a federal judge." USA Today: Sotomayor makes surprising revelations in book
Can police use your silence against you? Supreme Court to decide
Christian Science Monitor: "The US Supreme Court agreed Friday to decide whether prosecutors can use an individual's refusal to answer police questions as evidence of guilt at a subsequent trial if the silence came prior to being taken into police custody."
January 11, 2013
Ramsey County courthouse closing early due to weather
The Ramsey County courthouse in Devils Lake will be closing at 2 p.m. today.
U.S. Supreme Court Jan. 14 arguments
Monday, the United States Supreme Court will hear arguments in a firearms sentencing enhancement case and a Sixth Amendment denial of speedy trial case. Alleyne v. United States Boyer v. Louisiana
Juvenile Policy Board Jan. 18 agenda
The agenda for the Jan. 18 meeting of the Juvenile Policy Board, and the board's Aug. 31, 2012, minutes, have been posted.
The Third Branch: This Week on the Hill
For Jan. 14-18, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted. 63rd Legislative Assembly
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the denial of a post-conviction relief petition in a North Dakota sexual abuse case. Charboneau v. United States
Is man's best friend priceless? Texas court to decide
St. Paul Pioneer Press/AP: "They say all dogs go to heaven. But if they get there before their time, should someone pay up? The Texas Supreme Court began mulling Thursday, Jan. 10, whether grieving dog owners should be able to sue for the 'emotional value' of man's best friend."
S.D.: Unified Judicial System Showcase in Capitol Rotunda
S.D. Unified Judicial System: "On Tuesday, January 15, 2013, from 9 a.m. to 3 p.m., the Unified Judicial System will be hosting a showcase event in the Capitol Rotunda highlighting several areas of interest within the court system."
Minn.: Public guest Wi-Fi network to be available in Judicial Branch facilities
Minnesota Judicial Branch: "The Judicial Branch has begun implementing a public guest Wi-Fi network in courthouses and other branch facilities. Initially, the service may have limited accessibility because most courthouses have few "hotspots." Additional hotspots will be installed over the next six months, with the goal of full access in all Judicial Branch facilities, including the Minnesota Judicial Center, by the end of June 2013."
Calif.: 9th Circuit revives Medtronic pain pump suit
Reuters: " A man who says he was paralyzed by a Medtronic Inc pain pump can pursue a state-law claim against the company, a federal appeals court ruled on Thursday." Opinion Text: Stengel v. Medtronic Inc.
January 10, 2013
Not Licensed to Practice Law
The State Board of Law Examiners reports that a license to practice law for calendar year 2013 has not been issued to a number of attorneys who were licensed for calendar year 2012. The online list is being updated hourly.
Jeffrey L. Sheets 1963-2013
Minot lawyer Jeffrey L. Sheets, 49, died Jan. 2. He was a graduate of the University of North Dakota School of Law and was admitted to the bar in 1992. His funeral will be held on Saturday, Jan. 12, at 10 a.m. at Our Redeemers Lutheran Church in Minot. Jeffrey Lee Sheets lawyer record
N.D. Attorney General Opinions: Jan. 10
North Dakota Attorney General Wayne Stenehjem has issued opinions that the Lidgerwood Rural District Ambulance Service Board failed to comply with the requirements of the open meetings laws with regard to a special meeting and that the Fargo City Commission complied with the law because it did not take any final action on an issue discussed in an executive session. Open Records Opinion 2013-O-01 Open Records Opinion 2013-O-02
U.S. District Court for N.D. announces new public website
The United States District Court for the District of North Dakota has released a new public website. A live court calendar, enhanced attorney and filing information, and a case locator data base are just a few of the many improvements. Here is the link.
Stokes retires as State's Attorney
Wahpeton Daily News: "Richland County States Attorney Warren Stokes resigned from his position at the meeting. In his letter of resignation, Stokes said, 'I would like to thank the commissioners and all of the Richland County employees for their help. It has been an honor to serve the citizens of Richland County.'"
Courthouse improvements made; more in the works
Jamestown Sun: "The dank, dark and dirty basement of the historic Stutsman County Courthouse has been transformed by the removal and mitigation of its mold, asbestos and lead paint."
Court moves rules on receivers, writs to new chapter in Rules of Court
The North Dakota Supreme Court has transferred its rule on receivers to N.D.R.Ct. 5.1 and its rule on extraordinary writs to N.D.R.Ct. 5.2. It has also retitled Chapter VIII of the Rules of Court "Family Law and Alternative Dispute Resolution." The changes take effect March 1, 2013.
U.S. Supreme Court opinions: Jan. 9
The United States Supreme Court has released opinions in a trademark case and a criminal conspiracy statute of limitations case. Already, LLC v. Nike, Inc. Smith v. United States
S.D. Chief Justice presents State of Judiciary message
South Dakota Chief Justice David Gilbertson presented the State of the Judiciary address on Jan. 9. Here is the text of his remarks. Sioux Falls Argus Leader: South Dakota chief justice backs reform plan
S.D.: Supreme Court searches for photos of capitol building law library
S.D. Unified Judicial System: "When a back panel on an old metal bookcase came loose on the balcony of the Supreme Court Law Library in the Capitol Building it revealed faded paint colors and a covered stenciling pattern that is original to the Law Library and Capitol Building."
Wyo.: Chief justice identifies possible budget cuts
Laramie Boomerang: "Wyoming's court system is doing its part to cut costs, including a proposal to close several courts and an expanded use of video conferencing, state Supreme Court Chief Justice Marilyn Kite said." Wyoming State of the Judiciary
Job Announcement
A job announcement for two assistant attorneys general with the North Dakota Office of Attorney General in Bismarck has been posted.
January 9, 2013
Chief Justice VandeWalle presents State of Judiciary address
Chief Justice Gerald VandeWalle presented the State of the Judiciary address to a joint session of the North Dakota legislature on Wednesday, Jan. 9. Here is the text of his remarks. Video Link to State of Judiciary address G.F. Herald: Chief Justice VandeWalle bemoans 'conveyor-belt' legal process State of the Judiciary Address Photos
U.S.: Supreme Court seems reluctant to extend time limits for SEC actions
Washington Post: "The Supreme Court seemed reluctant Tuesday to grant the Securities and Exchange Commission greater leeway in seeking penalties against companies that commit fraud." McClatchy Newspapers: Supreme Court weighs case of disabled child and medical malpractice award
Drunk driving: Can blood-alcohol test be forced?
Christian Science Monitor: "The US Supreme Court takes up a case on Wednesday that examines whether police must obtain a warrant from a neutral judge before forcibly extracting blood from a suspected drunk driver." Associated Press: Court wary of warrantless blood tests in DUI cases
Daugaard set to reform South Dakota criminal justice system
KSFY News: "Governor Dennis Daugaard's outlined portions of his Criminal Justice Reform plan during his State of the State address Tuesday. The plan includes alternative drug courts, the HOPE program to help prevent repeat offenses and increased supervision of non-violent offenders within the community instead of inside prison walls."
Judge upholds Montana's free-roaming bison plan
Bismarck Tribune/AP: "Montana's decision to let migrating bison roam freely across 70,000 acres outside Yellowstone National Park was upheld by a court ruling Monday that dismissed a pair of lawsuits challenging the policy."
McKinnon sworn in to Montana Supreme Court
KRTV News: "For the first time ever, three women are seated on Montana Supreme Court. Justice Laurie McKinnon accepted her oath of office on Monday and will join Justices Beth Baker and Patricia Cotter."
January 8, 2013
Joint Procedure Committee September 2012 minutes
The minutes of the September 27, 2012, meeting of the Joint Procedure Committee have been posted.
Big Muddy Bar Association sets 2013 meeting dates
The Big Muddy Bar Association will be again hosting luncheons and CLE opportunities this year for attorneys and law clerks in the South Central Judicial District. The first meeting will be Thursday, Jan. 24, at noon at the Elks Club located on South Washington Street in Bismarck.
Dalrymple's State of State address: 'Fund priorities responsibly'
G.F. Herald: "As the state flourishes with strong revenues, job creation and overall economic growth, Gov. Jack Dalrymple said [Tuesday] afternoon that North Dakota still has many challenges, and he plans to tackle those challenges."
U.S. Supreme Court opinion: Jan. 8
The United States Supreme Court has issued an opinion in a storm water runoff case. Los Angeles County Flood Control Dist. v. Natural Resources Defense Council, Inc. Los Angeles Times: Supreme Court throws out L.A. County storm water lawsuit
Indian trust settlement brings high volume of calls
Minot Daily News: "The Office of the Special Trust for American Indians offices in North Dakota and across the country have been inundated with phone calls and walk-ins since a court approved the first payments from the $3.4 billion Indian trust settlement."
U.S.: Court considers limits on class-action suits
Washington Post: "The Supreme Court on Monday considered what limitations could be placed on class-action lawsuits, an increasingly active battleground for consumer advocates and corporate interests."
South Dakota Attorney General lays out 2013 Legislative proposals
KSFY News: "South Dakota's Attorney General has released legislation he is proposing at the 2013 State Legislative Session. Attorney General Marty Jackley has submitted proposals considering juvenile sentencing, death penalty procedures, jury verdicts, sex offenses at juvenile detention centers and insurance fraud."
Fish story lands in NC's high court, $1M on line
Williston Herald/AP: "About four hours after the fishing charter boat Citation left dock on the Outer Banks to compete in one of the country's richest deep-sea fishing tournaments, crewmembers were in the fight of their lives. Something huge was hooked, but it was invisible to human sight as it dove for the ocean bottom about 27 miles off the North Carolina coast."
January 7, 2013
U.S. Supreme Court Jan. 8 arguments
Tuesday, the United States Supreme Court will hear arguments in a securities fraud case and in a Medicaid reimbursement case involving a malpractice settlement. Gabelli v. SEC Delia v. E.M.A.
U.S. Supreme Court Jan. 9 arguments
Wednesday, the United States Supreme Court will hear arguments in a search and seizure case involving a warrantless blood test and in a driver information privacy case. Missouri v. McNeely Maracich v. Spears
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed a conviction and sentence in a North Dakota sexual abuse case. United States v. Brown
Minnesota: Supreme Court Justice Anderson will retire in May
St. Paul Pioneer Press: "After more than two decades as an appellate judge, Associate Justice Paul Anderson of the Minnesota Supreme Court will retire at the end of May when he reaches the mandatory retirement age of 70." Minnesota Judicial Branch News Release
Why Minnesota has a sexually dangerous person law
Minnesota Public Radio: "The Minnesota Court of Appeals [Jan. 7] provided a graphic account of why Minnesota locks up people after they've served their prison time under the theory that they might offend again." Opinion Text: Matter of Crosby
S.D.: Chief Justice Gilbertson to deliver State of the Judiciary message
S.D. Unified Judicial System: "The Chief Justice of the South Dakota Supreme Court will deliver his annual State of the Judiciary Message to a joint session of the Legislature on January 9, 2013, beginning at 1:30 p.m."
U.S.: High court rejects Medicare challenge
Williston Herald/AP: "The Supreme Court has turned away a challenge from former House Majority Leader Dick Armey and other Social Security recipients who say they have the right to reject Medicare in favor of continuing health coverage from private insurers." St. Paul Pioneer Press/AP: Supreme Court won't stop embryonic stem cell research
Board seeks directory updates from lawyers, judges
The 2013 Directory of Lawyers and Judges is being compiled by the State Board of Law Examiners. Attorneys should review their listing and send any changes no later than Jan. 31. The information provided will be included in the 2013 directory.
The Third Branch: This Week on the Hill
For Jan. 7-11, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted. 63rd Legislative Assembly
Judge Cruff takes seat on Southeast Judicial District bench
On Jan. 4, Judge Bradley Cruff was formally invested on the Southeast Judicial District Bench. Chief Justice Gerald VandeWalle gave the new judge the oath. Here are the photos.
Bismarck-Mandan Drug/DUI Court celebrates 12th birthday
Bismarck Tribune: "After the speeches ended at the Bismarck-Mandan Drug/DUI Court's 12th birthday party, Judge Bruce Romanick got down to business, checking in with the program's 25 current participants." Drug/DUI Court 12th birthday celebration photos
January 4, 2013
U.S. Supreme Court Jan. 7 arguments
Monday, the United States Supreme Court will hear arguments in a Class Action Fairness Act case and in a "three strikes" sentencing case. Standard Fire Insurance Co. v. Knowles Descamps v. United States
Judge Greenwood handed the gavel
Dickinson Press: "Following his victory in November's election, Greenwood was sworn in by Chief Justice Gerald W. VandeWalle of the North Dakota Supreme Court and was presented his judge's robe by his son, Jay Greenwood, and a gavel with his name inscribed by ND State Bar Association President Gail Hagerty." Judge Greenwood Investiture: The Jan. 3, 2013 photos
Dickinson Police Dept. wants officers to stay: Half the force from Minnesota
Dickinson Press: "The Dickinson Police Department is hoping a change in the way officers are paid will attract more married personnel and help the single ones put down roots."
Dayton looks to next Minnesota Supreme Court pick
G.F. Herald/AP: "Gov. Mark Dayton is starting the process of filling an upcoming vacancy on the Minnesota Supreme Court that will be created when Justice Paul H. Anderson retires at the end of May."
Obama renominates 33 to federal courts
Legal Times: "President Barack Obama renominated 33 individuals for federal judgeships [Jan. 3], chastising Congress for failing to act on the nominations before they expired at the end of 2012." White House News Release
Wisconsin: Court says parents can't sue over Indian nickname
St. Paul Pioneer Press/AP: "Students' parents lacked the legal standing to try to stop the state from forcing the Mukwonago Area School District to dump its Indians nickname and logo, a state appeals court ruled Thursday in a decision that could affect similar efforts elsewhere." Opinion Text: Schoolcraft v. DPI
Md.: Incarcerated veterans train dogs for other vets
Williston Herald/AP: "Hazard Wilson's new cellmate is a hairy bundle of energy whose playful zeal can't be contained by steel doors: a five-month-old golden retriever. Yardley is one of three canines assigned since September to inmates at a maximum-security prison in western Maryland for training as service dogs for disabled military veterans."
NY court: Flipping finger at cops not worth arrest
Associated Press: "A Vietnam veteran and retired airline pilot arrested after giving the finger to a police officer can sue police for malicious prosecution, a federal appeals court ruled Thursday as it reversed a lower-court judge who found the actions of officers reasonable." Opinion Text: Swartz v. Insogna First Amendment Center: 2nd Circuit reinstates lawsuit in middle-finger arrest
Tex.: Inmate ordered retried in '80 'waiting ever since'
Associated Press: "Jerry Hartfield was still a young man when an uncle visited him in prison to tell him that his murder conviction had been overturned and he would get a new trial."
Job Announcement
A job announcement for a contract attorney for the Commission on Legal Counsel for Indigents in the South Central Judicial District has been posted.
January 3, 2013
South Dakota Supreme Court reverses death sentence for guard killing
Sioux Falls Argus Leader: "The South Dakota Supreme Court has reversed the death sentence of an inmate who pleaded guilty to killing a senior corrections officer. The high court decided that a judge improperly considered statements Rodney Berget made to a psychiatrist." Opinion Text: State v. Berget
Judge: US can keep secrets on targeted killings
Associated Press: "A federal judge has ruled that President Barack Obama's administration doesn't have to publicly disclose its legal justification for the drone attacks and other methods it has used to kill terrorism suspects overseas." Opinion Text: New York Times v. United States
Kansas wants sperm donor pay child support
Williston Herald/AP: " The state of Kansas is trying to force a man who donated sperm to a lesbian couple to pay child support, arguing that the agreement he and the women signed releasing him from all parental duties was invalid because they didn't go through a doctor."
Mass.: Antiquated state laws stir modern-day worry
Boston Globe: "If you are performing 'The Star-Spangled Banner' at a public event, think twice before using it as dance music or as part of a medley. Deviation from the script can mean a $100 fine."
January 2, 2013
Judge Cruff Investiture Friday - Corrected
The Investiture for newly elected District Judge Brad Cruff is Friday, Jan. 4, at 2 p.m. at the Richland County Courthouse in Wahpeton.
Judge Greenwood Investiture Thursday
The Investiture for newly elected District Judge Dann Greenwood is Thursday, Jan. 3, at 3 p.m. M.S.T. at the Stark County Courthouse in Dickinson.
Montana Supreme Court: Hutterites must pay workers' compensation
Helena Independent Record/AP: "A divided Montana Supreme Court says forcing a Hutterite religious colony to pay workers' compensation insurance for jobs outside the commune is not an unconstitutional intrusion into religion." Montana Supreme Court Cases
Minn.: Questions arise about license plate data
G.F. Herald: "Academics and entrepreneurs nationwide have received copies of a massive database that the Minneapolis police department uses to track the location of cars. Where some see business or research opportunities, the city sees a public safety risk."
Chief Justice Roberts says federal courts will rein in spending
Los Angeles Times: "While Congress and President Obama fight over taxes and spending, Chief Justice John G. Roberts Jr. said the third branch of government was doing its part by holding down spending for the federal courts." 2012 Year-End Report on the Federal Judiciary
Calif.: Bumper-car rider loses court ruling
S.F. Chronicle: "Amusement-park rides such as bumper cars pose an inherent risk - in fact, that's part of their attraction - so Santa Clara's Great America can't be sued by a rider who broke her wrist in one of the ride's many collisions, the California Supreme Court ruled Monday." Opinion Text: Nalwa v. Cedar Fair
Job Announcement
A job announcement for an Electronic Court Recorder for the District Court in Valley City has been posted.
January 1, 2013
Cruff, Greenwood take office as district judges
Bradley Cruff and Dann Greenwood take office as district judges on Jan. 1. Greenwood's formal investiture ceremony is set for Jan. 3 at 3 p.m. M.T. at the Stark County Courthouse in Dickinson, while Cruff's will be held Jan 4. at 2 p.m.at the Richland County Courthouse in Wahpeton.
New district court electronic filing rule takes effect Jan. 15
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
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