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February 28, 2013
New Opinion: Feb. 28
The Supreme Court posted a new opinion on Feb. 28.
Procedural rule changes take effect March 1
The North Dakota Supreme Court's annual amendments to the procedural rules will take effect March 1. The Court has adopted two completely new rules and amended several more.
Report: ND, Minn., juvenile lockup rates drop significantly
Dickinson Press: "Incarceration rates for juveniles dropped significantly in North Dakota between 1997 and 2010, and even more drastically in Minnesota, a Kids Count report released Wednesday by the Annie E. Casey Foundation shows"
2nd Amendment doesn't protect felon, Minnesota Supreme Court says
St. Paul Pioneer Press/AP: "The Minnesota Supreme Court says a man convicted of a drug charge is not entitled to the Second Amendment right to bear arms. The Wednesday, Feb. 27, ruling comes in the case of Andrew Craig, who was found guilty of possessing a firearm while ineligible to have one." Opinion Text: State v. Craig
Mont. Supreme Court: Couple can sell Reserve Street home
Missoulian: "A unanimous opinion rendered Wednesday by the Montana Supreme Court ordered Missoula County to let Rob and Dawn Braach sell their home on Reserve Street. The ruling upheld a district court order last year that awarded the Braachs costs and attorney fees." Montana Supreme Court Cases
U.S.: In voting-rights case, liberal justices pitch to Kennedy
Reuters: "Barely a minute into a U.S. Supreme Court hearing, liberal justices began a strategic barrage of questions that came down to this: Why should a time-honored plank of the 1965 Voting Rights Act be invalidated in a case from Alabama with its history of racial discrimination?"
February 27, 2013
U.S. Supreme Court opinions: Feb. 27
The United States Supreme Court has issued opinions in two securities fraud cases. Amgen Inc. v. Connecticut Retirement Plans and Trust Funds Gabelli v. SEC
Record number of applicants taking February bar exam
A record 52 applicants began taking the February 2013 North Dakota bar exam on Tuesday, Feb. 26. Of the 52 applicants, approximately 36 percent live out of state, and eleven are already licensed to practice law in another jurisdiction.
Court Improvement Project Committee March 8 agenda
The agenda for the March 8 meeting of the Court Improvement Project Committee, and the committee's Dec. 14, 2012, minutes, have been posted.
Judge: 12 ways to lose trials and how to avoid them
ABA Journal: "Every day, lawyers sabotage their own cases at trial for a variety of reasons. Judge Ruben Castillo of the Northern District of Illinois in Chicago shared his 12 surefire ways to lose trials and how to avoid them in a recent Sound Advice podcast, sponsored by the Section of Litigation."
Montana Supreme Court rules man's sexual slur wasn't prohibited
Missoulian: "A sexual slur spoken over the phone is not prohibited speech unless its intent is to threaten or offend, the Montana Supreme Court has ruled." Montana Supreme Court Cases
S.D.: Law school reaches out to students
USD Volante: "It is never too early to begin searching for potential law students and the University of School at Dakota School of Law. The Law School will hold its Discover Law Day Feb. 27 on the campus of USD."
U.S.: Justices wrestle over allowing DNA sampling at time of arrest
New York Times: "About halfway through a Supreme Court argument on Tuesday over whether the police may take DNA samples from people they arrest, Justice Samuel A. Alito Jr. reflected on just how momentous the issue was. 'I think this is perhaps the most important criminal procedure case that this court has heard in decades,' he said."
U.S.: Supreme Court rules out secret surveillance lawsuits
Los Angeles Times: "No one can sue the government over secret surveillance because, since it's secret, no one can prove his or her calls were intercepted, the Supreme Court ruled Tuesday, throwing out a constitutional challenge to the government's monitoring of international calls and emails."
Canada: Supreme Court upholds hate laws in case involving anti-gay proselytizer
Toronto Globe and Mail: "The Supreme Court of Canada has upheld a key pillar of Canada's hate-speech laws and has found that flyers distributed by a Saskatchewan anti-gay activist constituted hate speech."
February 26, 2013
New Opinions: Feb. 26
The Supreme Court posted 14 new opinions on Feb. 26.
Delmore new Standing Rock Chief Judge
Attorney William Delmore was sworn in Tuesday by Tribal Chairman Charles Murphy as the new Chief Judge of the Standing Rock Tribal Court. William J. Delmore lawyer record Chief Judge Job Announcement Standing Rock Sioux Tribe
ND House kills delayed divorce bill
Williston Herald/AP: "North Dakota's House has killed a bill that would have required parents seeking divorce to enroll in an education program. The measure was defeated 48-45 on Monday."
S.D.: New Supreme Court rules effective immediately
The South Dakota Unified Judicial System has published a list of new rules and rule amendments that will take effect immediately.
Minn.: Court overturns jobless benefits ban on personal care attendants
Minnesota Public Radio: "The Minnesota Court of Appeals has overturned a state law barring family personal caregivers from collecting unemployment benefits." Opinion Text: Weir v. ACCRA Care, Inc .
Minn.: Court rejects appeal from Duluth man convicted for assaulting wife, making threats
Duluth News Tribune: "The Minnesota Court of Appeals on Monday rejected the appeal of a Duluth man who pistol-whipped his wife and threatened to kill her and two witnesses to the incident and later threatened the assistant St. Louis County attorney who prosecuted him." Opinion Text: State v. Hayes
Wisconsin is next Wal-Mart battleground
Reuters: "Last week, a group of plaintiffs suing Wal-Mart for alleged discrimination of women across its stores were dealt a blow: A federal judge in Nashville, Tennessee, threw out the plaintiffs' proposed class action."
NJ's highest court to hear 'joking judge' appeal
Associated Press: "A judge in New Jersey is asking the state's highest court to have a sense of humor. Attorneys for Vince A. Sicari plan to argue in front of the New Jersey Supreme Court on Tuesday that the part-time municipal court judge should be allowed to keep his other paying gig as a comedian."
February 25, 2013
U.S. Supreme Court Feb. 27 arguments
Wednesday, the United States Supreme Court will hear arguments in a credit card arbitration case and a case challenging the continued validity of the Voting Rights Act. American Express v. Italian Colors Restaurant Shelby County v. Holder
U.S.: Supreme Court considers South's legacy and progress on voting rights
Washington Post: "At the top of the steps of Alabama's elegant old Capitol, there's a six-pointed bronze star marking the spot where Jefferson Davis was sworn in as president of the Confederacy. At the foot of the steps is a historical marker dedicated to black citizens who in the 1960s dared to register to vote."
Mont.: New Attorney General Tim Fox believes in communication, but forging an independent path
Missoulian: "When a former law partner gave a battered, leather-bound book to Montana's new attorney general, Tim Fox, neither man recognized the name John B. Clayberg on the hand-scrawled inscription from 1891 that was on an inside page."
Minn.: Courts seek more money for salaries
G.F. Herald: "Minnesota judges for years told the public that justice delayed is justice denied, and budget cuts delay justice. Budget struggles eased two years ago and now court officials seek a budget bump to raise judges' and staff members' pay."
Iowa court: Estranged husband can disregard dead wife's burial plan
Des Moines Register: "A deceased former Iowan whose body has been stored at an Anamosa funeral home since June must now be buried in this state against her will, the Iowa Supreme Court has ruled, because a 2008 law intended to resolve post-death disputes created no requirement that a surviving, estranged spouse follow the decedent's wishes." Opinion Text: Matter of Whalen
February 24, 2013
U.S. Supreme Court Feb. 26 arguments
Tuesday, the United States Supreme Court will hear arguments in a case involving collection of DNA samples for a state database and a federal sentencing guidelines case. Maryland v. King Peugh v. United States
February 23, 2013
U.S. Supreme Court Feb. 25 arguments
Monday, the United States Supreme Court will hear arguments in two habeas corpus cases involving the Antiterrorism and Effective Death Penalty Act. Trevino v. Thaler McQuiggin v. Perkins
Williston courts face backlog
KX News: "With a 158% increase in felony cases since 2010, the court system for Williams County is being over run with paper work. And it's not likely to get better soon. Gary Brode went to Williston to find out how the court is coping with the growing case load and what the plans are to fix the problem."
On Indian land, criminals can get away with almost anything
The Atlantic: "On an early morning last June, on the Fort Berthold Indian Reservation in western North Dakota, tribal officer Nathan Sanchez was nearing the end of his shift when he noticed a frantic stirring in the cattails alongside the road."
Montana law enforcement, lawmakers work to prevent child abuse
KTVQ News: "In 2012 Montana Child and Family Services investigated 8,648 reports of child abuse statewide. More than 2,000 of those investigations indicated that abuse did occur."
February 22, 2013
The Third Branch: This Week on the Hill
For Feb. 25-March 1, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted. 63rd Legislative Assembly
Webb to serve as UND Law Distinguished Jurist-in-Residence
UND News Release: "The Honorable Wade L. Webb, District Judge of the East Central Judicial District, will serve as the University of North Dakota School of Law's 2013 Rodney S. Webb Distinguished Jurist-in-Residence from Feb. 27-28." Judge Wade Webb Biography
New home in Fargo for felons leaving jail
KVLY News: "Felons leaving jail will have some extra support as they try to adjust back into the community. 'My Father's House,' a Minnesota faith-based non-profit group has partnered with the Jail Chaplins Ministry to lease a home for three of them in North Fargo."
Minn.: Stearns County Domestic Violence Court receives innovation award
Minnesota Judicial Branch News: "The Stearns County Domestic Violence Court received a Local Government Innovation Award in late January from the Hubert H. Humphrey School of Public Affairs, in partnership with InCommons."
Mont.: Snow-covered license plate leads to DUI conviction
Montana Standard: "Police in Montana can lawfully stop a vehicle if the license plates are covered with snow, according to a Feb. 12 ruling by the Montana Supreme Court. The ruling came on an appeal by a man who was cited in Bozeman for DUI, an obstructed plate and no insurance on Jan. 12, 2011." Montana Supreme Court Cases
February 21, 2013
Bill seeks to stop court cases with no North Dakota ties
Bismarck Tribune: "The Senate Judiciary Committee heard testimony on a bill that deals with the treatment of out-of-state parties in North Dakota civil litigation. House Bill 1042 would change the state's court venue requirements for civil cases." H.B. 1042
Judges learn it's human to have feelings on bench
Associated Press: "A Florida judge's harsh reaction to a disrespectful teenage defendant, captured on court video, was a reminder that judges don't shed their emotions when they don their black robes."
Mont.: UM law student awarded Distinguished Patriot's Medal
Missoulian: "Capt. Andrew Person's mother signed his enlistment papers when he was 17 years old and still a student at Helena High School. His mother was there again on Wednesday when Person, now a University of Montana Law School student, was recognized by a distinguished panel of dignitaries for his service to veterans across Montana."
Minn.: Court denies Duluth's latest appeal request in Fond-du-Luth Casino revenue case
Duluth News Tribune: "The city of Duluth has been denied a request for appeal of a ruling earlier this year in favor of the Fond du Lac Band of Lake Superior Chippewa concerning revenue sharing through the Fond-du-Luth Casino downtown."
U.S.: Supreme Court limits reach of 2010 ruling on deportation warning
New York Times: "In 2010, the Supreme Court ruled that criminal defense lawyers must warn their clients if deportation could be a consequence of a guilty plea. On Wednesday, the court limited the reach of that ruling, saying it did not apply retroactively to people whose convictions had become final by the time the justices announced their 2010 decision, Padilla v. Kentucky."
Supreme Court ponders Virginia's 'discriminatory' records act
Washington Post: "Virginia is virtually alone among the states in blocking those from beyond its borders from using its Freedom of Information Act to get state documents and records. The question before the Supreme Court on Wednesday was: So what?"
Job Announcement
A job announcement for a contract attorney to provide services to the Commission on Legal Counsel for Indigents in the South Central Judicial District has been posted.
February 20, 2013
March Term of Court
The March term of court has been posted, including issues and briefs.
N.D. Law Review to host energy law lecture series in Bismarck
Registration is now open for the upcoming Energy Law Lecture Series hosted by the North Dakota Law Review in Bismarck. The lecture series will take place March 14 and 15, 2013. Topics will include title opinions, contract modification, oil and gas class action certification, interpretation of mineral conveyances, and water protection interests.
U.S. Supreme Court criminal case opinions: Feb. 20
The United States Supreme Court has issued three opinions in criminal cases: a double jeopardy case in which the defendant had obtained a directed verdict of acquittal in the original trial, a murder case in which the defendant sought habeas relief, and a case in which the trial court increased a defendant's sentence so he could participate in prison drug rehabilitation. Evans v. Michigan Johnson v. Williams Henderson v. United States
U.S. Supreme Court civil case opinions: Feb. 20
The United States Supreme Court has released opinions in an immigration and deportation case and a legal malpractice case involving an unsuccessful patent attempt. Chaidez v. United States Gunn v. Minton
Senate bumps funding for legal aid agency
Williston Herald/AP: "North Dakota's oil wealth has bumped the state's population to record levels, resulting in more crime and defendants who can't afford to hire an attorney, officials say."
Debunking silly Montana law legends
KPAX-TV: "It's a felony for a woman to open her husband's mails, or for an unmarried woman to go fishing alone, at least according to the circulating myths of Montana laws. With just a quick online search, you can find dozens of strange laws that claim to once be on the books."
U.S.: Justices take case on overall limit to political donations
New York Times: "The Supreme Court on Tuesday agreed to hear a challenge to federal campaign contribution limits, setting the stage for what may turn out to be the most important federal campaign finance case since the court's 2010 decision in Citizens United, which struck down limits on independent campaign spending by corporations and unions."
U.S.: Supreme Court rules in favor of drug-sniffing dog
USA Today: "Dogs had their day in the Supreme Court on Tuesday. The high court ruled unanimously that a Florida police officer's use of a drug-sniffing dog to search a truck during a routine traffic stop was appropriate."
February 19, 2013
U.S. Supreme Court search and seizure opinons: Feb. 19
The United States Supreme Court has issued opinions in two search and seizure cases: one involving a search by a drug-sniffing dog and the other detention incident to a search warrant. Florida v. Harris Bailey v. United States
U.S. Supreme Court civil opinions: Feb. 19
The United States Supreme Court has issued an opinion in a hospital acquisition case and a Hague Convention child abduction case. FTC v. Phoebe Putney Health System Chafin v. Chafin
People urged to consider court reporting as a career
Duluth News Tribune: "Tracy Bennett enjoys her job as a court reporter because she gets a continuing education in criminal, civil and family law, as well as learning the latest developments in the medical and insurance industries and a variety of other topics."
University of Minnesota professor Don Gillmor, media law expert, dies at 86
St. Paul Pioneer Press: "For years, whenever a case about freedom of the press made headlines, Donald Gillmor's phone would ring around the clock with callers seeking his input and guidance."
In some Minn. law-enforcement agencies, tattoos bar the way for new officers
Duluth News Tribune: "Ryan Stevens has two law-enforcement degrees and is studying for a third as he works full time as a state-employed guard at the Minnesota Correctional Facility in Faribault."
Montana Supreme Court asked to put Barry Beach back behind bars
Ravalli Republic: "Prosecutors asked the Montana Supreme Court on Thursday to reinstate Barry Beach's conviction for the 1979 killing of a 17-year-old girl on the Fort Peck Indian Reservation."
Leeds presented with prestigious ABA Spirit of Excellence Award
Former University of North Dakota Law School Assistant Professor and Director of the Northern Plains Indian Law Center, Stacy Leeds was presented with the American Bar Association Spirit of Excellence Award at the ABA Midyear in Dallas. Leeds is now Dean of the University of Arkansas School of Law.
February 18, 2013
U.S. Supreme Court Feb. 20 arguments
Wednesday, the United States Supreme Court will hear arguments in a Commerce Clause case involving the Virginia Freedom of Information Act and a foreign tax credit case. McBurney v. Young PPL Corporation v. Commissioner of Internal Revenue
February 15, 2013
U.S. Supreme Court Feb. 19 arguments
Tuesday, the United States Supreme Court will hear arguments in a prisoner's rights case brought under the Federal Tort Claims Act and a patent case involving soybean seeds. Millbrook v. United States Bowman v. Monsanto Company
The Third Branch: This Week on the Hill
For Feb. 18-22, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted. 63rd Legislative Assembly
Lawyer transferred to incapacitated status
The Supreme Court has transferred lawyer Lee Richard Finstad to incapacitated status.
Minnesota Clay County studies court to address concerns of vets
Jamestown Sun: "It took Thomas Coleman about six seconds to realize he was about to kill his wife. The Army National Guard specialist was fresh off a plane from a yearlong combat tour in Afghanistan and visiting his wife and their 6-year-old son in January 2009. "
Dworkin's Death Deprives Scalia of His Moral Foil
Bloomberg: "Ronald Dworkin, who has died at age 81, was the leading liberal constitutional theorist of his era. But that is not why his ideas are so important nor is it why history will remember him."
Job Announcement
A job announcement for a law clerk for the Southeast Judicial District in Jamestown has been posted.
February 14, 2013
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the conviction in a North Dakota drug conspiracy and distribution case. U.S. v. Banks opinion
Montana Judge: Prison only option for 14-time DUI offender
Billings Gazette: "Saying that she has never had anyone appear before her with a worse drunken-driving record, a state judge on Wednesday ordered a 55-year-old Billings man to serve 20 years at Montana State Prison."
Minnesota: Free Valentine's Day Wedding Ceremonies by Hennepin County District Court Judges
Minnesota Judicial Branch: "Ten Fourth Judicial District judges will unite 17 couples in matrimony at no charge on Valentine's Day. Honorable William Koch commented, 'As a bench, we wanted to help celebrate the holiday in a unique way and to help people easily remember their anniversaries in the future! This was a fun event for us, and allowed us to give a little back to our military members and first responders, as well as general members of the public.'"
University of South Dakota School of Law open house planned Feb. 27
Sioux City Journal.com: "An open house for high school and college students is planned Feb. 27 at the University of South Dakota School of Law."
Montana: Bill would name state Justice Building after late Montana AG
Missoulian: "The state Justice Building would be named after late Attorney General Joe Mazurek under a proposal by current Attorney General Tim Fox."
N.D. Attorney General Opinion: Feb. 14
North Dakota Attorney General Wayne Stenehjem has issued an opinion that the decision rendered by the 8th Circuit Court of Appeals, in Valley Family Planning v. State of N.D., 661 F2d 99 (8th Cir. 1981) completely invalidated N.D.C.C. Section 14-02.3-02.
Job Announcement
A job announcement for an assistant city attorney for the City of Bismarck has been posted.
February 13, 2013
U.S.: A call for drastic changes in educating new lawyers
New York Times: "Faced with profound and seemingly irreversible shifts, the legal profession is contemplating radical changes to its educational system, including cutting the curriculum, requiring far more on-the-ground training and licensing technicians who are not full lawyers."
Minn.: Training helps workers defuse incidents with mentally ill inmates
Mineesota Public Radio: "In what was to be a routine trip to St. Joseph's Hospital in St. Paul, correctional officer Shane Warnke Jr. suddenly found himself confronted by the kind of danger he was trained to face while overseeing inmates in prison."
Rosenblum: Judge turns to poetic justice
Minneapolis Star Tribune: "Retired judge Franklin Knoll has many talents. He's an accomplished woodworker and, now, a poet. Knoll has taken to writing poems, most of them quite painful, about his years on the bench. His poetry helps him make sense of some of his most challenging and tragic cases."
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.
New Disciplinary Orders: Feb. 13
The Supreme Court posted two new disciplinary orders filed Feb. 12 and 13.
February 12, 2013
Court computer systems to be down Saturday from 8 a.m. to noon
The North Dakota court computer systems will be unavailable on Saturday, Feb. 16, between the hours of 8 a.m. CST and 12 noon to perform maintenance on the systems. This outage applies to every system including the Supreme Court website, electronic file and serve, public search, all case management systems and the court's e-mail system.
ND Senate approves 3 new judges
Williston Herald/AP: "The North Dakota Senate has endorsed the addition of three new judgeships in the state to keep up with increased caseloads caused by record oil development." SB 2075
Bill would require counseling before granting a divorce
G.F. Herald: "A North Dakota couple seeking divorce could have to wait six months and be required to attend a minimum of five marriage counseling sessions if bill debated Monday becomes law."
S.D.: Justice Lori Wilbur presented award
S.D. Unified Judicial System News: "USD Women in Law hosted an event honoring South Dakota Supreme Court Justice Lori Wilbur with its '2012 Attorney of the Year' award on Thursday, Sept. 20 in the law school courtroom."
New Disciplinary Order: Feb. 12
The Supreme Court posted a new disciplinary order on Feb. 12.
Crothers appointed to ABA cybersecurity task force
American Bar Association President Laurel Bellows has appointed Justice Daniel Crothers to the ABA's Cybersecurity Legal Task Force. Crothers is one of approximately 25 members appointed nationwide.
ABA adopts Commission on Ethics 20/20 proposals
The American Bar Associations midyear meeting has concluded with the association adopting several new policies recommended by its Commission on Ethics 20/20. The commission was created in 2009 to perform a thorough review of the ABA Model Rules of Professional Conduct. North Dakota Chief Justice Gerald VandeWalle has been a member of the commission since its inception.
February 11, 2013
UND law school officials hope to hear a 'yes' for expansion funding this year
G.F. Herald: "Eighty-five students comprising the University of North Dakota School of Law's first-year class get cozy each time they squeeze into the Molbert Room for a lecture."
CBS Sunday Morning on drones and North Dakota
In its lead story, CBS Sunday Morning focused on drones with extensive focus on North Dakota, U.N.D., and the Grand Forks and Nelson County sheriffs' offices. Washington Post: Lawmakers propose giving federal judges role in drone strikes, but hurdles await
3 dead in courthouse shooting in Delaware
Seattle Post Intelligencer/AP: "A gunman opened fire Monday morning in a Delaware courthouse lobby just as the building was opening to the public for the day, exchanging shots with police and leaving three people including the shooter dead, authorities said."
Law & Order: Taxpayers foot the bill for crime
Dickinson Press: "Whether or not crime doesn't pay, someone has to pay for crime. Unfortunately it often falls on the taxpayers to foot the bill." Dickinson Press: Hundreds of thousands spent in court costs
U.S.: Farmer's use of genetically modified soybeans grows into Supreme Court case
Washington Post: "Farmer Hugh Bowman hardly looks the part of a revolutionary who stands in the way of promising new biotech discoveries and threatens Monsanto's pursuit of new products it says will 'feed the world.'"
U.S.: No retirement plans for Justice Ginsburg
San Diego Union Tribune: "U.S. Supreme Court Justice Ruth Bader Ginsburg is approaching her 80th birthday, but after almost two decades on the court she indicated Friday she has no plans of slowing down."
Marshal's son returned to region to practice law
G.F. Herald: "Ryan Cheshire, an Otter Tail County prosecutor, was marked early in life by the tensions between law enforcement and the sometimes volatile political views of the people in their communities."
Court adopts amendments to civil rule on service and filing
The N.D. Supreme Court has adopted amendments to N.D.R.Civ.P. 5 on Service and Filing of Pleadings and Other Papers. The amendments deal with electronic filing and service and take effect April 1.
February 8, 2013
N.D. first to use drone for civilian arrests
TIME magazine reports that the first time a Predator drone was involved in arrests of U.S. citizens was in North Dakota in June 2011. It also reports on pending North Dakota legislation.
The Third Branch: This Week on the Hill
For Feb. 11-15, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted. 63rd Legislative Assembly
To go or not to go: Supreme Court at the State of the Union
CNN: "One member of the esteemed group feels like a 'proverbial potted plant,' while another resents sitting there 'looking stupid.' Their chief ponders the pageantry and politics of it all and wonders why they bother to go."
U.S.: Assisted suicide on legal agenda in several states
Williston Herald/AP: "A push for the legalization of physician-assisted suicide is under way in a half-dozen states where proponents say they see strong support for allowing doctors to prescribe mentally competent, dying individuals with the medications needed to end their own lives."
Minn.: Inspection ordinance reaches Supreme Court again
Red Wing Republican Eagle: "The city of Red Wing's rental housing inspection code reached the state's highest court for the second time Tuesday as justices heard arguments on the constitutionality of pieces of the ordinance."
February 7, 2013
U.S.: Report shows judicial vacancies stretching into the thousands of days
Legal Times: "Capitol Hill has been getting most of the heat for the large number of judicial vacancies in the federal courts, but one D.C. advocacy group has issued a new report highlighting delays in the filling the bench before the nominees even reach the Senate."
Minn.: St. Paul crime lab to close drug testing unit
Minn. Public Radio: "The troubled St. Paul police crime lab has decided to permanently close its drug testing unit. The lab suspended drug testing in July after public defenders challenged the reliability of the lab's work in court."
Montana regents: Proof-of-citizenship law doesn't apply to university students
Ravalli Republic/AP: "A new voter-approved Montana law that requires an individual to provide proof of citizenship to receive state services does not apply to the university system, an associate commissioner for higher education said Wednesday."
South Dakota tribes accuse state of violating Indian Welfare Act
National Public Radio: "For years now, council members of the Crow Creek Sioux Tribe in South Dakota have watched as the state's Department of Social Services removed children from the reservation and placed many of them in white foster homes, far from tribal lands."
New York defends its 'Amazon tax' in court
Reuters: "Major online retailers Amazon.com Inc and Overstock.com on Wednesday told a New York state court that they should be allowed to not charge state sales tax."
Wisc.: Court finds in favor of woman denied minimum wage
St. Paul Pioneer Press/AP: "A Wisconsin appeals court has ruled in favor of a former manager of an Italian restaurant who said the company did not pay her the required minimum wage." Opinion Text: Johnson v. Roma II
Job Announcement
A job announcement for a temporary law clerk at the Burleigh County State's Attorney's Office has been posted.
February 6, 2013
US attorney from ND to head Native American group
Bismarck Tribune/AP: "The U.S. attorney from North Dakota has been appointed to lead a Department of Justice group that aims to improve public safety on American Indian reservations."
Criticized ND county prosecutor steps down
Williston Herald/AP: "A part-time county prosecutor in northeastern North Dakota who has been criticized for his handling of criminal cases including one high-profile case has resigned."
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has summarily affirmed a judgment in a North Dakota quiet title action. Bray v. Bank of America
Are South Dakota's drug courts working?
KSFY News: "Finding a solution to the state's growing prison population is part of South Dakota's criminal justice reform bill. Right now -- the bill sits on Governor Dennis Daugaard's desk awaiting his signature."
Wisconsin Supreme Court rejects appeal in GPS planting
St. Paul Pioneer Press/AP: "The Wisconsin Supreme Court has rejected the appeal of a man who argued police violated his constitutional rights by seizing his vehicle and planting a GPS device." Opinion Text: State v. Brereton
February 5, 2013
Senate committee takes up confidentiality in crash reports
Bismarck Tribune: "The North Dakota Department of Transportation recently received requests for crash reports on all crashes in one city for a one-year period and all crashes in the state for a five-year period, safety division director Mark Nelson said."
Chief judge seeks to overhaul New York's bail process
N.Y. Times: "New York's chief judge on Tuesday called for a major overhaul of the bail process for defendants awaiting trial in state courts, saying the current system unfairly detains many people charged with low-level crimes and may fail to protect the public from dangerous defendants."
February 4, 2013
Judicial Branch Education Commission Feb. 8 agenda
The agenda for the Feb. 8 meeting of the Judicial Branch Education Commission and the commission's Oct. 26 minutes have been posted.
Juvenile Policy Board Feb. 8 agenda
The agenda for the Feb. 8 meeting of the Juvenile Policy Board and the board's Jan. 18 minutes have been posted.
Court Technology Committee Feb. 8 agenda
The agenda for the Feb. 8 meeting of the Court Technology Committee and the committee's Dec. 7 minutes have been posted.
Traffic engineers look to overhead cameras on F-M streets, intersections
Fargo Forum: "If you're waiting for a traffic light at a major intersection here and you feel like you're being watched, there's a good chance you are. As Fargo-Moorhead grows, traffic engineers are increasingly looking to overhead cameras--Fargo alone has 41 of them--to provide real-time images of streets and intersections and help fine-tune traffic flows."
Mont.: Crow Indians lawsuit against F.B.I. agent to proceed
N.Y. Times: "Two families from the Crow Indian Reservation in Montana can proceed with a lawsuit against an F.B.I. agent that accuses him of failing to properly investigate crimes against American Indians on and around the reservation, the United States Supreme Court has ruled."
Montana judge denies Kentucky woman's request to dismiss gun assault charge
Missoulian: "A 53-year-old Kentucky woman who police say pulled a gun on a Montana attorney during mediation in a lawsuit has been denied her request to have a felony assault with a weapon charge dismissed."
Dictionary: A way to define an argument
Washington Post: "For nearly 200 years, Fordham law professor James J. Brudney says, Supreme Court justices rarely needed to pick up a dictionary when interpreting the laws that Congress passed. But these days, it is an increasingly common occurrence. And not because the words are getting bigger."
U.S.: Supreme Court to hear fight over taking DNA from arrested people
L.A. Times: "On a cold February night three years ago, police in suburban Arlington, Va., received a frantic call. A young woman said her roommate had been abducted at gunpoint by a short, clean-shaven man who sped away in a silver SUV."
Job Announcement
A job announcement for a legal assistant with the Bismarck Regional Child Support Unit has been posted.
February 1, 2013
The Third Branch: This Week on the Hill
For Feb. 4-8, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted. 63rd Legislative Assembly
New Opinion: Feb. 1
The Supreme Court posted a new opinion on Feb. 1.
ND county wants more money for oil-impacted jail
Williston Herald/AP: "A county on the edge of western North Dakota's booming oil patch is freeing some prisoners because of the lack of jail space, officials said Thursday."
U.S.: Access to court opinions expands
U.S. Courts News Release: "A pilot project giving the public free, text-searchable, online-access to court opinions now is available to all federal appellate, district and bankruptcy courts."
Montana Supreme Court reverses ruling in Hamilton man's case
Ravalli Republic: "The Montana Supreme Court has reversed the ruling of a Hamilton man who allegedly failed to stop at a stop sign in 2010. Stuart Laurence Lozon Jr., 32, appeared in Ravalli County District Court Thursday morning after the high court ruling." Montana Supreme Court Cases
SD Legislature passes criminal justice reform plan
Rapid City Journal/AP: "The South Dakota Legislature gave final approval Thursday to a wide-ranging plan to cut the state's prison costs by treating more nonviolent offenders through intensive probation, parole and other programs outside prison walls."
Minnesota's law schools feel the pain as student applications decline
MinnPost: "Minnesota's law schools -- already under competitive pressure given that there are four -- are feeling the pain. Hamline and the University of St. Thomas School of Law have both seen a drop in applications commensurate with the 15 percent to 20 percent average in the ABAs Great Lakes region." Wall Street Journal: Crop of new law schools opens amid a lawyer glut
Obama nominates Wyoming attorney general for appeals court
Casper Star Tribune: "President Barack Obama on Thursday nominated Wyoming Attorney General Gregory Phillips for the United States Court of Appeals for the Tenth Circuit."
Iowa: Cedar Rapids attorney Jane Kelly nominated to federal appeals court
Cedar Rapids Gazette: "Jane Kelly of the U.S. Public Defenders Office in Cedar Rapids has been nominated by President Obama nominated to the United States Court of Appeals."
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