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August 31, 2012
DOJ awards Dakotas tribes $1 million in grants
Williston Herald/AP: "The Department of Justice has awarded more than $1 million to four Native American tribes in the Dakotas to enhance sex offender registration and notification programs."
S.D.: Jury award struck down by court
Sioux Falls Argus Leader: "The South Dakota Supreme Court has ruled that a Springfield man who might have been impaired by alcohol when his motorcycle was struck by a turning tractor in 2009 is not entitled to a half-million-dollar jury award." Opinion Text: Walter v. Fuks
S.D. discrimination cases vary widely year to year
Aberdeen American News: "The state Human Rights Commission met briefly Thursday for the first time in a year and once again lacked an unreconciled case for the members to decide."
Mont.: Justices won't hear oral arguments in Beach case
Great Falls Tribune: "A panel of seven justices will decide whether Barry Beach will get a new trial without hearing oral arguments in the case."
Teaching justice 8,000 miles from home
Orange County Register: "U.S. District Court Judge David O. Carter squeezed into an economy seat for a 12-hour flight to Munich, where he paced through the terminal during a five-hour layover before boarding a four-hour flight that got him into the Republic of Georgia just before dawn."
August 30, 2012
New Opinions: Aug. 30
The Supreme Court posted nine new opinions on Aug. 30.
North Dakota bar exam results
Of the 95 applicants who sat for the two-day N.D. bar exam in July, 75 passed, a 79% pass rate, compared to 81% a year ago. For those taking the N.D. exam for the first time, 80% passed, compared to 82% a year ago. Of the first-time examinees who graduated from the U.N.D. Law School, 75% passed, compared to 79% a year ago.
Mont.: Supreme Court rules Whitefish man won't have to pay for police car repairs
Missoulian: "A Whitefish man won't have to pay for more than $7,000 in repairs to a city police car that rear-ended another patrol car while pursuing Ralph Jentile into his own driveway, the Montana Supreme Court ruled this week." Montana Supreme Court Cases
Minn.: Appeals court backs student religious club
Education Week: "A federal appeals court has ruled that the Minneapolis school district likely engaged in impermissible viewpoint discrimination when it barred a religious club for elementary students from an after-school program open to other community groups." Opinion Text: Child Evangelism Fellowship v. Minneapolis Special School Dist. #1
Ariz.: Court OKs placement of Navajo boy with non-Indians
Williston Herald/AP: "A Navajo child can remain with his non-American Indian caretakers, despite a federal law that gives preference to placement with tribal members, the state Court of Appeals has ruled." Opinion Text: Navajo Nation v. Ariz. Dept. Econ. Sec.
Federal court blocks Texas voter ID law
Reuters: "A federal court on Thursday barred Texas from implementing a controversial law requiring voters to show photographic identification before casting ballots, saying the measure would likely curtail the ability of minorities to vote." Opinion Text: Texas v. Holder
August 29, 2012
New Disciplinary Order: Aug. 29
The Supreme Court posted a new disciplinary order on Aug. 29.
Administrative Council Aug. 31 agenda
The agenda for the Aug. 31 meeting of the Administrative Council, and the Council's July 20 minutes, have been posted.
Pattern Jury Instruction Commission June 15 minutes
The minutes of the June 15 meeting of the Pattern Jury Instruction Commission have been posted.
Minn.: Required stiffer sentence for crimes in prison does not apply to private facilities
West Central Tribune: "The courts are not mandated to issue a consecutive sentence to prisoners who commit crimes while confined to a private correctional facility, the Minnesota Court of Appeals ruled Monday in a case involving the Prairie Correctional Facility in Appleton." Opinion Text: Johnson v. State
S.D.: Long appointed as presiding judge of the Second Judicial Circuit
Unified Judicial System News Release: "Chief Justice David Gilbertson announced today the appointment of the Honorable Larry Long as Presiding Judge for the Second Judicial Circuit. Judge Long will take office upon the retirement of the Honorable Kathleen Caldwell in early January."
Former Montana Attorney General Joe Mazurek dies at 64
Billings Gazette: "Former Montana Attorney General Joe Mazurek, known by friends and adversaries alike as a dedicated public servant who could find common ground where others couldn't, died Tuesday in Helena from complications of Alzheimer's disease. He was 64."
Texas redistricting plan denied preclearance; Abbott will appeal
Austin American Statesman: "A federal court panel rejected three Texas redistricting maps Tuesday, finding the new U.S. House and Texas Senate districts were drawn with the intent to discriminate against minority voters and noting evidence 'strongly suggests' that the Texas House map improperly targeted Hispanic, black or Asian voters." Opinion Text: Texas v. United States
Wisconsin juror, 20, left trial for Cancun vacation, fined $300
St. Paul Pioneer Press: "The 20-year-old juror who traded deliberations in a felony shooting case for a Cancun vacation was back in court Tuesday, Aug. 28, to try to explain herself and learn her fate."
August 28, 2012
Job Announcement
A job announcement for a Calendar Control Clerk with the District Court in Bismarck has been posted.
Dalrymple appoints Maggie Anderson interim director of ND Department of Human Services
News Release: "Gov. Jack Dalrymple [Aug. 23] appointed Maggie Anderson the interim executive director of the North Dakota Department of Human Services. Anderson has directed the department's Medical Services Division since 2005."
Seizures, forfeitures bolster law enforcement budgets on both sides of Red River
Fargo Forum: "Sometimes crime does pay, just not for criminals. In the basement of the Clay County Courthouse, a flat-screen TV seized from a drug house hangs on the wall in the conference room of the county attorney's office."
Mont.: Helena drug treatment court receives $343K grant
Missoulian/AP: "A federal grant is allowing the drug treatment court in Lewis and Clark County to expand. District Judge Jim Reynolds says the First Judicial District received $343,000 in new funding to fully implement its treatment court."
Mont.: 24/7 Sobriety Program hits milestone
KBZK News: "The 24-7 Sobriety Program, aimed at reducing repeat drunk-driving offenses, reached a milestone recently.The program requires repeat DUI offenders to take a breath test twice a day to ensure they're not drinking."
Minnesota Court of Appeals: Couple's loss of parental rights upheld
St. Paul Pioneer Press: "Two Austin-area parents failed to win back the rights to their children -- one of whom was chained to his crib to prevent him from 'stealing' food." Opinion Text: Welfare of Children of C.L.M. and B.D.M.
Okla.: Tulsa's Veterans Court program gets national attention
Tulsa World: "Court officials from as far away as South Dakota were in Tulsa on Monday to learn about Tulsa's Veterans Treatment Court Program and to use it as an example to start their own programs."
Minn.: High court gives Republicans pair of amendment wins
G.F. Herald: "Minnesotans' Nov. 6 ballots will show two proposed constitutional amendments with the titles the Republican-controlled Legislature wanted." Opinion Text: League of Women Voters v. Ritchie Opinion Text: Limmer v. Ritchie St. Paul Pioneer Press: Minnesota Supreme Court rejects challenge to Voter ID
August 27, 2012
Court Improvement Project Committee Sept. 5 agenda
The agenda for the Sept. 5 meeting of the Court Improvement Project Committee, and the Committee's June 13 minutes, have been posted.
Warden's house historic furniture on the auction block
Bismarck Tribune: "The grandfather clock in the back of North Dakota State Surplus Property Division building seems out of place, along with a piano, some secretaries' desks and other pieces of antique furniture."
Rising prison population bedevils South Dakota officials
Aberdeen American News: "South Dakota's high prison population has garnered considerable discussion lately, but the problem's not new, said David Gilbertson, chief justice of the state Supreme Court."
U.S. court: Age discrimination unproven in Boeing sale
Seattle P.I.: "A federal appeals court has ruled that former employees failed to demonstrate a pattern of age discrimination by The Boeing Co. and Spirit AeroSystems." Opinion Text: Apsley v. Boeing Co.
August 24, 2012
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has vacated the sentence in a North Dakota crack cocaine case. United States v. Raysor
U.S.: Court strikes down graphic warnings for cigarettes
Reuters: "A U.S. appeals court on Friday struck down a law that requires tobacco companies to use graphic health warnings, such as of a man exhaling smoke through a hole in his throat." Opinion Text: R.J. Reynolds Tobacco Co. v. FDA
U.S.: Gov't can fund embryonic stem cell research
ABC News/AP: "A federal appeals court on Friday refused to order the Obama administration to stop funding embryonic stem cell research, despite complaints the work relies on destroyed human embryos." Opinion Text: Sherley v. Sebelius
August 23, 2012
District court electronic filing system to be down Friday evening
The electronic file and serve system for the district courts will be undergoing maintenance and will not be available from 9 p.m. CDT to 10:30 p.m. CDT on Friday, Aug. 24.
Federal public defender training set for Oct. 10
The Federal Public Defender's Office will be providing a training program on Oct. 10 in Bismarck and Fargo. The session will cover practical topics such as getting and using an investigator, developing sentence mitigation arguments, and an update on recent developments in criminal law.
Scalia: Despite contentious cases, justices on good terms
The Hill: "In a rare extended interview Wednesday Justice Antonin Scalia said that despite recent contentious decisions, the Supreme Court remained a collegial place to work. Scalia said when he writes tough opinions criticizing his fellow justices, he fully expects them to respond in full."
S.D.: Open government task force has first meeting
Mitchell Daily Republic: "Gov. Dennis Daugaard said Wednesday that South Dakota government should be as open as possible so people can find out what the state and local governments are doing."
S.D.: Juvenile justice focus of conference next month
KELO News: "Attorneys, judges, social workers and mental health professionals will gather in Sioux Falls and Rapid City next month to talk about the juvenile justice system." Unified Judicial System News Release
Minn.: Innovative model for ex-offenders
MinnPost: "As a teenager growing up in suburban Chicago, Patrick admittedly hung out with the wrong crowd, got into trouble frequently and began selling cocaine. He cycled through local jails at least 20 times, though he was never apprehended for the sale of drugs."
Mont.: New $80M federal courthouse quietly opens for business
Billings Gazette: "The long-awaited new $80 million federal courthouse in downtown Billings quietly opened for business this week. All three federal judges in the Billings division held routine hearings Wednesday in two of the three new courtrooms as construction workers continued with finishing touches throughout the five-story building."
U.S.: Federal courts cracking down on social media use by jurors
Legal Times: "The federal judiciary released new model jury instructions this week aimed at deterring jurors from using social media while they're hearing a case." Federal Model Jury Instructions
August 22, 2012
Bakken boom creating constitutional crisis for North Dakota courts
AmLaw Daily: "Early every Monday, Robert Martin climbs into his Ford Focus and makes the 127-mile drive from Minot, North Dakota, to the city of Williston on the state's western edge. A public defender with North Dakota's Commission on Legal Counsel for Indigents, Martin spends the next three days in the Williston courthouse representing defendants."
S.D.: Mark Salter appointed as Second Circuit Judge
Rapid City Journal: "The spokesman for the U.S. Attorney's Office in South Dakota has been named a circuit judge. Gov. Dennis Daugaard announced Tuesday that Mark Salter of Sioux Falls will be the new judge in South Dakota's Second Judicial Circuit." S.D. Unified Judicial System News Release
Minnesota Supreme Court: Ruling allowing BWCA cell tower allowed to stand
St. Paul Pioneer Press/AP: "A 450-foot cellphone tower with flashing lights that would be seen from parts of the Boundary Water Canoe Area Wilderness will be allowed to go forward, after the Supreme Court denied a request to hear the case."
New Opinion: Aug. 22
The Supreme Court posted a new opinion on Aug. 22.
Court adopts amendments to rule on safekeeping property
The North Dakota Supreme Court has adopted amendments to Rule of Professional Conduct 1.15 on safekeeping property and professional liability insurance disclosure. The amendments take effect Oct. 1.
August 21, 2012
New Opinion: Aug. 21
The Supreme Court posted a new opinion on Aug. 21.
Judicial Planning Committee Aug. 24 agenda
The agenda for the Aug. 24 meeting of the Judicial Planning Committee, and the Committee's May 4 minutes, have been posted.
U.S.: Federal appeals court strikes down Obama air rule
Washington Post: "The U.S. Court of Appeals for the District of Columbia Circuit overturned one of the Obama administration's hallmark air quality rules Tuesday, ruling that the Environmental Protection Agency had overstepped its authority in curbing pollution from Midwest power plants too sharply." Opinion Text: EME Homer City Generation v. EPA
Dayton judicial nomination makes Minnesota Supreme Court history
St. Paul Pioneer Press: "Gov. Mark Dayton has appointed Minnesota Court of Appeals Judge Wilhelmina Wright to the state Supreme Court. Wright, 48, of St. Paul will be the first African-American woman to serve on the state's highest court." G.F. Herald: Redistricting chief becomes Supreme Court justice Minnesota Judicial Branch News Release
New Minnesota database will help police, victims of abuse
Minneapolis Star Tribune: "A new computer database will put up-to-the-moment information about protective orders in the hands of police across Minnesota, a change officials hope will better protect domestic violence victims."
Mont.: Veteran lauded for persevering in special Missoula court
Missoulian: "A DUI court proceeding of a very different flavor took place Monday afternoon in the Missoula County Courthouse."
Court: Ala. schools can't check student immigration status
Greenfield Reporter/AP: "Part of Alabama's immigration law that ordered public schools to check the citizenship status of new students was ruled unconstitutional Monday by a federal appeals court that also said police in that state and Georgia can demand papers from criminal suspects they have detained." Opinion Text: Hispanic Interest Coalition v. Governor of Alabama
August 20, 2012
New Opinions: Aug. 20
The Supreme Court posted three new opinions on Aug. 20.
Administrative Council July 20 meeting minutes
The minutes of the July 20 meeting of the Administrative Council have been posted.
Minn.: Appeals court overturns $60,000 award against blogger
G.F. Herald/AP: "An appeals court has overturned a $60,000 award against a Minneapolis blogger whose post led to a man's firing. The case against John Hoff, known as 'Johnny Northside,' had drawn attention for its free speech implications." Opinion Text: Moore v. Hoff
U.S.: Judicial pay fight may reach high court again
National Law Journal: "On Sept. 7, in a rare en banc hearing by the U.S. Court of Appeals for the Federal Circuit, six current and former federal judges will argue that Congress unconstitutionally withheld judges' pay adjustments and the Federal Circuit was wrong when it ruled otherwise over a decade ago."
Indians filing Cobell appeals with US Supreme Court
Indian Country Today: "In perhaps the biggest news to rock Indian country since the $3.4 billion Cobell settlement was announced between the Obama administration and the lead Indian plaintiffs in December 2009, Sisseton-Wahpeton Oyate citizen Kimberly Craven has decided to file an appeal of the deal with the U.S. Supreme Court."
Ex-UND goalie decides on law school instead of pro hockey career
Dickinson Press: "For Brad Eidsness, the professional hockey offers were rolling in. He heard from teams in the East Coast Hockey League, the Central Hockey League and in Europe."
Mont.: Law school grads looking harder and farther for jobs after school
Great Falls Tribune: "Great Falls native Jim Zadick experienced the worst and the best of job seeking as a law school student and recent graduate. Two years ago, during his second year of law school at Virginia-based College of William and Mary, Zadick sent out dozens of applications for summer employment in Washington D.C."
Minn.: Tribal, district courts work together in special Northland courts
Northland's News Center: "Two special courts in the Northland are the only of their kind in the country. The Leech Lake Band of Ojibwe pairs with the Cass and Itasca County court systems to bring both cultures into the court room."
Calif.: State says it can't reduce inmate total
S.F. Chronicle: "California officials, under U.S. Supreme Court orders to lower the population of its crowded prisons by 33,000 to bring a shoddy health care system up to constitutional standards, say they can't comply and shouldn't have to."
August 17, 2012
Boss of North Dakota's largest agency retiring
Bismarck Tribune: " The director of North Dakota's largest state agency has decided to call it a career. Carol Olson, executive director of the North Dakota Department of Human Services, is stepping down [Aug. 17] after serving more than 15 years." Pairie Public: Olson retiring from ND Human Services
Minn.: Federal judge throws out lawsuit challenging same-day voter registration process
St. Paul Pioneer Press: "Federal judge Donovan Frank has thrown out a lawsuit that sought to force state officials to check the eligibility of voters who register on Election Day before their ballots are counted."
U.S.: EPA defeats challenge to higher ethanol levels in fuel
Bloomberg News: "A challenge to an Environmental Protection Agency rule allowing higher concentrations of corn- based ethanol in gasoline was thrown out by a U.S. Appeals Court ruling that the groups pressing the case had no right to sue." Opinion Text: Grocery Manufacturers Assoc. v. EPA
Analysis: Ruling could compromise U.S. administrative judges' autonomy
Reuters: "A federal appeals court ruled in July that the Copyright Royalty Board, a panel of administrative judges who set the rate broadcasters pay for copyright licenses, was unconstitutional because of the way its panelists are appointed and the job protections they are given." Opinion Text: Intercollegiate Broadcasting v. CRB
U.S.: Ruling on juvenile killers reopens wounds for victims' families
Los Angeles Times: "Jose Vasquez remembers the night police officers came to his house and said his sister Tayde was dead. He remembers too the mornings escorting his mother to the trial in Long Beach, and their relief when the young killer was given life in prison with no parole."
August 16, 2012
Court Services Administration Committee Aug. 17 agenda
The agenda for the Aug. 17 meeting of the Court Services Administration Committee has been posted.
Joint Alternative Dispute Resolution Committee June 25 minutes
The minutes of the June 25 meeting of the Joint Alternative Dispute Resolution Committee, and previous minutes of the Committee dating back to 2006, have been posted.
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the denial of a writ of habeas corpus in a North Dakota sex offender registration case. Meador v. Branson
Minn.: Judge orders task force to examine state's sex offender program
Minneapolis Star Tribune: "A federal magistrate has ordered the creation of a task force to come up with less restrictive ways for Minnesota to handle convicted sex offenders."
District Judge Kirk swears into Minnesota Court of Appeals
WDAY News: "At Concordia College [Aug. 15] state and local dignitaries along with Kirk's family, co-workers and friends gathered for his investiture to the Minnesota Court of Appeals. He was appointed by Governor Dayton in June. He has been a district court judge since 1989, serving Moorhead and the lakes area."
S.D.: Court upholds Eric Robert's death sentence in prison guard killing
Rapid City Journal/AP: "The South Dakota Supreme Court has upheld the death sentence for an inmate who killed a state prison guard during a failed escape attempt. Fifty-year-old Eric Robert pleaded guilty to killing Ron Johnson in April 2011 and asked to be executed for the crime." Opinion Text: State v. Robert
Canada: Deschamps leaving top court after 10 'intense' years
CBC News: "The federal government should ensure there are at least four women on the Supreme Court of Canada's bench, according to retiring Justice Marie Deschamps, but she doesn't think appointees have to be bilingual on day one of the job."
New Opinions: Aug. 16
The Supreme Court posted nine new opinions on Aug. 16.
U.S.: Judicial Conference seeks comment on proposed federal rule changes
The Judicial Conference of the United States Advisory Committees on Appellate, Bankruptcy, Criminal, and Evidence Rules have proposed amendments to their respective rules and forms, and requested that the proposals be circulated to the bench, bar, and public for comment. The comment period ends Feb. 15, 2013.
August 15, 2012
Expansion of treatment court sought for outstate Minn. veterans
Minnesota Public Radio: "Two years after Hennepin County launched a Veterans Treatment Court, more than 100 veterans have avoided jail time and gotten the help they needed. The Minneapolis court has become a model -- and now, advocates say something like it is needed outside the metro area to help veterans there."
Minn.: Serving a community while serving a sentence
Alexandria Echo Press: "The Institution Community Work Crew (ICWC) program is a two-pronged enterprise: It benefits communities while helping inmates transition back into normal life. Since being founded in 1998, ICWC has provided more than 400 inmates with the opportunity to work in communities for low wages."
Fred Arnason 1927-2012
Longtime Grand Forks lawyer Albert Frederick "Fred" Arnason, 84, recognized at this year's State Bar Convention as a 60-year member, died August 15. Services will be Monday at 11 a.m. at Holy Family Catholic Church in Grand Forks. Amundson Funeral Home is handling arrangements. Amundson Funeral Home KVLY News: Fire claims life of G.F. attorney G.F. Herald: Fire takes life of former Grand Forks prosecutor
August 14, 2012
Court Technology Committee Aug. 17 agenda
The agenda for the Aug. 17 meeting of the Court Technology Committee, and the Committee's June 8 minutes, have been posted.
Minn.: In sparsely-populated districts, TV hearings save money
Minnesota Public Radio: "Judge Gerald Seibel sits on the bench in his Stevens County courtroom holding in his hand, not a gavel, but a remote control. He's trying to make a camera 45 miles away zoom out so he can see on his TV all three people at a table in a courtroom in Ortonville."
U.S.: Dozens of 'innocent' prisoners could be freed
USA Today: "Dozens of federal prisoners who are locked up even though prosecutors concede they are 'legally innocent' could soon be released under new orders from the U.S. Justice Department."
Tenn.: Court upholds tracking of pay-as-you-go cell phone
St. Paul Pioneer Press/AP: "A federal appeals court has upheld a conviction of a multistate drug runner based on information on his interstate travel that authorities tracked from his non-contract cell phone." Opinion Text: United States v. Skinner
August 13, 2012
Miller receives bar admissions award
Penny Miller, Clerk of the N.D. Supreme Court and Secretary-Treasurer of the N.D. State Board of Law Examiners, was recognized as the Outstanding Bar Admissions Administrator at the recent annual meeting of the National Conference of Bar Examiners and Council of Bar Admissions Administrators in Burlington, Vermont.
Iowa: Campaign launched to oust high court justice
Quad-City Times: "Conservative activist Bob Vander Plaats announced the launch of an effort Saturday to defeat Iowa Supreme Court Justice David Wiggins in the Nov. 6 judicial retention vote similar to the way voters sent a trio of justices packing two years ago for their role in a 2009 decision that paved the way for same-sex marriage in Iowa."
Wisc.: Supreme Court asked to weigh in on surrogacy dispute
Milwaukee Sentenial: "The state Supreme Court has been asked to decide whether a surrogate mother who changed her mind about giving up the child to the couple she contracted with should be able to share custody and placement."
Minnesota high court says schools must report spending
St. Cloud Times/AP: "The Minnesota Supreme Court ruled Friday that school districts must register and report campaign spending related to ballot questions. The ruling stems from a 2010 complaint against the St. Louis County School District." Opinion Text: Abrahamson v. St. Louis County School Dist.
Minn.: Unique court lets tribal and state judges fight addiction together
Minnesota Public Radio: "Fred Isham sits near a blazing fire just outside Cass Lake on the Leech Lake Indian Reservation. The 37-year-old tribal member helped build the fire to heat carefully selected stones that will be used in a nearby sweat lodge."
Montana Supreme Court removes tax rebate referendum, allows corporate personhood
Missoulian: "In separate rulings Friday, the Montana Supreme Court upheld a lower court ruling to strike a tax rebate referendum from the November ballot, but rejected an attempt to remove a campaign finance initiative." Montana Supreme Court Cases
Public faces barriers in accessing Canadian courts, chief justice says
Toronto Globe and Mail: " The chief justice of Canada's Supreme Court says the legal system risks a loss of public faith unless barriers to public access to the courts, especially for civil matters, are lowered."
Court sets hearing on Joint Procedure Committee petition to amend court rules
The Supreme Court has set a hearing on the Joint Procedure Committee's petition to amend the N.D. Rules of Civil Procedure, Appellate Procedure, Criminal Procedure, Juvenile Procedure and the Rules of Court. The hearing will be Oct. 15.
Disciplinary Board sets 2013 formal hearing dates
The Disciplinary Board has selected dates when hearing panels will meet in 2013 to hear formal disciplinary proceedings. The Board has set two hearing dates each month to expedite matters pending in the disciplinary system.
August 10, 2012
Justice Scalia Writes How-to Read Guide for Interpreting the Law
PBS Newshour: "U.S. Supreme Court Justice Antonin Scalia says the key factor for a judge's ruling is finding where the balance resides in a case. Margaret Warner interviews Justice Scalia about his new book, 'Reading Law: The Interpretation of Legal Texts,' and asks about his opinions on the Second Amendment and the Affordable Care Act." C-Span: Q&A with Justice Antonin Scalia
Jane Roberts, Chief Justice John Roberts' Spouse, Breaks The Mold Of Supreme Court Wives
Huffington Post: "In a city where access equals power, spouses can wield outsized influence. Earlier this year, President Barack Obama cited conversations with his wife, Michelle, as part of the reason he finally affirmed his support for same-sex marriage, describing the watershed change in his public position as 'something that we've talked about over the years.'"
Minnesota: Police cameras quietly capture license plates, collect data
Star Tribune: "Police in Minnesota and across the country are increasingly using small car-mounted cameras to scan thousands of license plates and pinpoint--in real time--stolen vehicles, suspended drivers and criminals."
August 9, 2012
Minnesota: Email addresses of citizens not private
AP: "Minnesota cities and municipalities that receive requests for citizen email addresses are legally required to release them."
Montana Lawyer Robert M. Carlson is New Chair of the American Bar Association House of Delegates
ABA: " Robert M. Carlson of Butte, Mont., a shareholder in the law firm Corette Pohlman and Kebe, today became chair of the American Bar Association House of Delegates at the organization's Annual Meeting in Chicago."
South Dakota: Sobriety court better option than prison
Aberdeen News: "People convicted of most felony impaired driving charges in Brown County now have an alternative to prison."
September Term of Court
The September term of court has been posted, including issues and briefs.
August 8, 2012
8th Circuit Judge receives award
Bemidji Pioneer: "Myron H. Bright, U.S. circuit judge on the U.S. Court of Appeals for the 8th Circuit, will receive the American Inns of Court Professionalism Award in a ceremony here Thursday."
North Dakota Association of Criminal Defense Lawyers elects officers
The North Dakota Association of Criminal Defense Lawyers (NDACDL) Board announces the election of officers at the Annual meeting held on June 21, 2012. North Dakota Association of Criminal Defense Lawyers website
Minnesota: Supreme Court vacates $1 million award for U coach's rescinded job offer
Star Tribune: "The Minnesota Supreme Court has overturned a $1 million jury award to would-be University of Minnesota assistant basketball coach Jimmy Williams over a rescinded job offer, ruling that Williams was not entitled to protections from 'negligent misrepresentation.'" Williams v. Smith opinion
9th Circuit Torpedoes Verdict in Wiretapping Case Brought by Islamic Charity
The Recorder: "After seven years of litigation spanning two appeals, an inadvertently disclosed top-secret document and a shredded banana peel, a case accusing the federal government of illegal wiretapping appears finally to be dead." al-Haramain Islamic Foundation v. Obama opinion
S.D.: Sobriety court better option than prison
Aberdeen American News: "People convicted of most felony impaired driving charges in Brown County now have an alternative to prison. Four people are enrolled in the county's sobriety court program, which started about a month ago, said Mike Brumbaugh, chief court service officer for the 5th Judicial Circuit based in Aberdeen."
Jury Duty Pranks and Scams
The North Dakota Court System is warning the public about a prank being played on local residents. The prank involves a phone call, email or text message indicating that the person has failed to report for jury duty and they could be fined $500 or sentenced to serve a 30-day prison sentence for failing to appear.
Bar foundation accepting grant applications for legal programs
Bismarck Tribune: "The North Dakota Bar Foundation's Interest on Lawyer Trust Accounts Committee is accepting grant applications for legal improvement programs."
August 7, 2012
Judge throws out lawsuit over Fighting Sioux name
Jamestown Sun: "A federal judge says it appears the political fight over the University of North Dakota's Fighting Sioux nickname is over and has thrown out a lawsuit by six American Indian students at UND."
United States: Posner: Sharing links isn't copyright infringement
Thomson Reuters: "In an important new copyright opinion in Flava Works v. myVidster.com, Judge Richard Posner of the 7th Circuit Court of Appeals implies some squeamishness about Flava Works' products." FLAVA Works v. myVidster.com opinion
Tough choices for law schools amid jobs crisis
AP: "A few months after finishing college, Angela Achen sat in a hospital waiting room and took stock of her assets: A degree in art history, a knack for women's studies and almost no marketable job skills."
Minnesota: Fine print within photo ID proposal could loom large
Star Tribune: "The idea of a photo ID requirement for voters sounds simple and does well in polling, but the fine print of Minnesota's proposed constitutional amendment suggests that the impact on the state's election system could be complex and significant."
SD wife fights for half of convict-husband's pension; government wants it for restitution
Aberdeen News: "The wife of a South Dakota man who stole $5.6 million from 3M Corp. wants to stop the government from using her half of his pension and retirement benefits to pay his restitution."
August 6, 2012
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the denial of a petition for writ of habeas corpus in a North Dakopta prisoner case. Steen v. Schmalenberger opinion text
Are Proposed Changes to ABA Ethics Rules Too Little, Too Late?
Law Technology News: "Without much fanfare, the American Bar Association's Commission on Ethics 20/20 has proposed significant, far-reaching rule and comment changes to its Model Rules of Professional Conduct focusing on the digital practice of law. These much-needed proposed changes finally recognize that the practice of law has undergone a digital transition and that technology affects attorneys and clients in litigation, business, and personal endeavors on a daily basis."
Facial recognition software used by DOT
Bismarck Tribune: "If you have had your North Dakota driver's license renewed lately, or will in the near future, your new photo will show you without eyeglasses if you wear them."
Minnesota: Gov. Dayton considers 4 for his first appointment to MN Supreme Court
AP: "Gov. Mark Dayton is considering a former U.S. attorney and three judges for his first appointment to the Minnesota Supreme Court."
Minnesota: 'Wellness court' changes lives of DWI offenders
Pioneer Press: "Bath salts, designer drugs, prescription drug abuse, the return of heroin -- all bad, no doubt, and all the subject of recent headlines on rising illicit drug trends. But nothing touches alcohol abuse. The most legal of controlled substances is still the most destructive."
August 3, 2012
N.D. Attorney General Opinion: August 3
N.D. Attorney General Wayne Stenehjem has issued an opinion that the NDSU Research and Technology Park charged the requester a fee for the time spent locating the records and reviewing them for confidential information, and an additional amount for the time it spent preparing the records for redaction. The additional amount charged is not authorized by law and must be returned to the requester.
Minnesota Supreme Court: Pesticide drift is not trespassing
AP: "The Minnesota Supreme Court ruled Wednesday, Aug. 1, that chemicals drifting from one farm to another do not constitute trespassing under state law, a decision that could make it harder for organic farmers to seek relief if crops are damaged by pesticide drift." Johnson v Paynesville Farmers Union opinion
South Dakota: Judge orders that Sturgis bar sign be uncovered
Jamestown Sun: "A federal judge in California has ordered that black plastic be removed from the 'Easyriders' sign on a bar and restaurant in Sturgis, meaning it will be displayed during next week's annual Sturgis Motorcycle Rally."
Wyoming: Judge won't see Wyoming mauling site due to bear risk
Missoulian (AP): "The judge in a lawsuit filed by the widow of a man killed by a grizzly bear has decided not to view the mauling site near Yellowstone National Park in person on the advice of the U.S. Marshals Service, which has deemed the area too risky because of recent bear activity."
California: Illegal immigrant can't be lawyer
San Franciso Chronicle: "Illegal immigrants are ineligible to practice law in California, President Obama's Justice Department told the state's high court in a rebuff to a man who was brought to the United States as a toddler and worked his way through college and law school."
August 2, 2012
Odyssey and District Court E-filing systems to be down Friday evening
The Odyssey and District Court E-filing systems will be down Friday, Aug. 3, from 7:00 p.m. to 11:00 p.m. Central Daylight Time for maintenance.
N.D. Attorney General Opinion: August 2
N.D. Attorney General Wayne Stenehjem has issued an opinion that under most circumstances, a delay of a month in providing copies of requested records would be unreasonable. In this instance, however, there were circumstances unique to a rural township and the delay was not unreasonable.
South Central Judicial District welcomes law clerks
The South Central Judicial District is pleased to welcome two law clerks who began one-year clerkships with the district on August 1st.
Public defenders have crushing caseload
Williston Herald: "The public defenders office in Williston has been fighting a real constitutional problem over the last year, according to North Dakota Commission on Legal Counsel for Indigents Director Robin Huseby."
8th Circuit decides N.D. cases
The United States Court of Appeals for the Eighth Circuit has affirmed the convictions in a North Dakota drug case. U.S. v. Lee opinion text
Job Announcement
A job announcement for a Ward County Assistant State's Attorney in Minot has been posted.
Job Announcement
A job announcement for a Deputy Clerk of District Court I in Williston has been posted.
August 1, 2012
New law clerks join Supreme Court
The N.D. Supreme Court has welcomed five new law clerks who will serve during the 2012-2013 court term. They are (l-r) Lindsay Harris, Joel Engel, Seth Thompson, Nathan Martindale, and Jonathan Voigt.
ND lawmakers backing some guardianship changes
Fargo Forum/AP: "North Dakota lawmakers say they support strengthening the rights of people who are candidates to be put under a guardian's supervision." Interim Human Services Committee Interim Information: 2011-2012
Minn.: Washington County offers deals in cases tainted by crime lab
Minneapolis Star Tribune: "Prosecutors in Washington County said Monday that they are offering favorable deals to offenders in roughly 160 drug cases that might be tainted because of shoddy work at the St. Paul police crime lab."
Task force formed on South Dakota open records, meetings
Rapitd City Journal/AP: "South Dakota Gov. Dennis Daugaard and Attorney General Marty Jackley have formed a task force to study the state's open records and open meetings laws." S.D. Governor's News Release
Iowa: Court says school doesn't have to disclose discipline
DesMoines Register: "A sharply split Iowa Supreme Court on Friday agreed with a lower court that the Atlantic school district does not have to disclose the discipline imposed on two school employees involved in strip-searching students." American Civil Liberties Union v. Atlantic Community School opinion text
New Opinion: Aug. 1
The Supreme Court posted a new opinion on Aug. 1.
Minn. seeks applicants for district judge in Moorhead
The Minn. Judicial Selection Commission is seeking applicants to fill a district judgeship in Moorhead. Applications are due by Aug. 20 for vacancy created by the appointment of Judge Michael Kirk to the state Court of Appeals. News Release: Commission on Judicial Selection Announces Vacancy in Seventh Judicial District Application Procedures for District Court Judge
Job Announcement
A job announcement for a contract attorney with the N.D. Commission on Legal Counsel for Indigents for Foster, Wells, and Sheridan Counties has been posted.
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