News from the N.D. Supreme Court

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September 30, 2010
Changing crime penalties proving difficult
Fargo Forum/AP: "Since the early 1980s, it's been a felony in North Dakota to steal something worth more than $500, even though the money buys a lot less than it did 30 years ago."
S.D.: Drug Court celebrates 'Drug Court Day'
S.D. Unified Judicial System: "In celebration of Governor M. Michael Rounds and Chief Justice David Gilbertson's joint proclamation declaring September 4th as "Drug Court Day" in South Dakota, the Northern Hills Drug Court announces a very special graduation ceremony." Sioux Falls Argus Leader: Attorney general to speak at drug court
Mont.: Court to hear challenge of corporate spending ban
Helena Independent Record: "A Helena district judge will hear arguments today on a challenge to Montana's nearly century-old, voter-passed ban on direct corporate spending to support or oppose political parties or candidates."
Minn.: For veterans in Hennepin County, a court of their own
St. Paul Pioneer Press: "With so many military veterans in his courtroom, Judge Richard Hopper sometimes feels like the odd man out."
U.S.: Big cases await U.S. Supreme Court's 2010-2011 term
CNN: "Roughly 52 appeals are currently on the high court's schedule, and more cases will be added to its docket. About another two dozen are expected to be added in coming months."
U.S.: No vote yet on Indian trust settlement
Bismarck Tribune/AP: "Supporters of a $3.4 billion government settlement with American Indians will have to keep waiting."
September 29, 2010
New Opinion posted Sept. 29
The Supreme Court posted a new opinion on Sept. 29.
S.D.: Supreme Court sides with judge against state and prairie dogs
Rapid City Journal: "After years of fighting to protect their lands from the devastation of an ever-expanding population of prairie dogs, a group of South Dakota landowners has won a victory, not in the field, but in the courtroom."
U.S.: Supreme Court grants 14 new cases, with Kagan recused in 4
Law.com: "The Supreme Court on Tuesday granted review in 14 new cases to be argued in its new term, adding to the 40 it had granted before it recessed for the summer. The order list is the product of the Court's so-called "long conference" Monday at which, in private, it considered the thousands of petitions that have piled up during the summer recess."
September 28, 2010
Law school in jeopardy
Dakota Student: "Lack of funding for Thormodsgard library may present obstacles for bar approval."
Racial and ethnic bias panel travels to Belcourt
The North Dakota Supreme Court Commission to Study Racial and Ethnic Bias in the Courts will hold public hearings Sept. 28 at Turtle Mountain Community College in Belcourt from 2-5 p.m. in the Auditorium.
Minn.: Veterans get hearing in court of their own
Minneapolis Star Tribune: "On a recent Monday afternoon, a 41-year-old former Navy SEAL convicted of a drug charge appears in front of Judge Richard Hopper. As part of his sentencing, he must participate in a drug program and check in regularly with the court."
Court strikes down MN law on free speech grounds
Fargo Forum/AP: "The Minnesota Court of Appeals has struck down a state law against making false statements that allege police misconduct." Opinion Text: State v. Crawley
S.D.: Supreme Court to consider expanded media coverage
S.D. Unified Judicial System: "The South Dakota Supreme Court will be considering proposed rules to allow expanded media coverage of trial court proceedings in the South Dakota courts."
U.S.: High court will put audio of every argument on web
Associated Press: "The Supreme Court is broadening access to audio recordings of all its arguments, but ending its practice of same-day release of audio in high-profile cases."
U.S.: Supreme Court takes cases on corporations' rights
New York Times: "The Supreme Court added 14 cases to its docket on Tuesday, including three concerning the rights of corporations in unusual settings."
September 27, 2010
New U.S. attorney Timothy Purdon switches sides
Bismarck Tribune/AP: "Timothy Purdon is used to being the leader of the pack. He was always the first player out of the locker room for his high school basketball team. He was at the top of his law school class. He even praises his hunting dog for never giving up." Timothy Q. Purdon lawyer record
Convicted murderer sues ND over pulled tooth
St. Paul Pioneer Press: "A man convicted of killing and dismembering a Wisconsin man has filed a federal lawsuit over his medical treatment at the North Dakota state penitentiary."
U.S.: Free speech tested anew in digital age
Wall Street Journal: "Free speech stands front and center in the Supreme Court term beginning next week, in a pair of cases testing the First Amendment's reach in the digital age." TIME: The Price of Free Speech
U.S.: The Supreme Court: The Quiz
The New Yorker offers this U.S. Supreme Court quiz.
U.S.: Voters moving to oust judges over decisions
New York Times: "After the State Supreme Court here stunned the nation by making this the first state in the heartland to allow same-sex marriage, Iowa braced for its sleepy judicial elections to turn into referendums on gay marriage."
Appellate practice tip of the week
The word "clearly" is no substitute for authority or logic. Other appellate practice tips
September 24, 2010
Public Search feature to be unavailable this weekend
This website's Public Search feature that allows the public to search State trial court records will be unavailable Saturday and part of Sunday because of a hardware upgrade.
43 attorneys admitted to North Dakota bar
As Justice Daniel Crothers administered the oath, 43 lawyers were admitted to the North Dakota Bar, Friday. Speakers included State Board of Law Examiners president Mark Stenehjem, Gov. Hoeven's Legal Counsel Ryan Bernstein, Attorney General Wayne Stenehjem, U.N.D. Law School Assistant Dean Jeanne McLean, and State Bar Association representative James Hill. 2010 Bar Admission Ceremony Photos
N.D. Attorney General Opinions: Sept. 24
North Dakota Attorney General Wayne Stenehjem has issued two open records opinions: that the Grand Forks School Board broke the law when it held a special meeting but did not provide notice of the specific topics to be discussed and that the Nome city council did not violate the law when it gave a "sparse" meeting notice. Open Records Opinion 2010-O-11 Open Records Opinion 2010-O-12
Minn.: Justices order new trial in 2006 Mpls. killing
Minneapolis Star Tribune: "The Minnesota Supreme Court on Thursday ordered a new trial for a man convicted of second-degree murder during a 2006 robbery of a house of prostitution in south Minneapolis." Opinion Text: State v. Morales
Kagan's presence on U.S. top court to be felt by her absence in first term
Bloomberg News: "Elena Kagan may make her mark in her first U.S. Supreme Court term less by her presence than by her absence. Kagan has disqualified herself in 20 of the 38 cases on the court's calendar because she took part in the litigation as U.S. solicitor general."
September 23, 2010
City of Duluth's 'encyclopedia' marks 40 years
Duluth News Tribune: "Bob Asleson doesn't understand the fuss being made of his 40th year on the job as an attorney for the city of Duluth."
Florida court calls ban on gay adoptions unlawful
New York Times: "A 30-year-old Florida law that prohibits adoption by gay men and lesbians is unconstitutional, a state appeals court ruled on Wednesday, and the state's governor said the law would not be enforced pending a decision on whether to appeal." Opinion Text: Matter of Adoption
A justice explains the mysteries and mechanics of the high court
Boston Globe: "Stephen Breyer, who as a Supreme Court justice has an unusually acute appreciation for precedent, will surely agree that this is unprecedented: a review that urges readers to begin a book at the very end before plunging into the body of the text. In the case of Breyer's 'Making Our Democracy Work,' go straight to Appendix B."
Prosecutors' conduct can tip justice scales
USA Today: "The jurors who helped put Nino Lyons in jail for three years had every reason to think that he was a drug trafficker, and, until July, no reason to doubt that justice had been done."
September 22, 2010
8th Circuit issues opinion in N.D. case
The United States Court of Appeals for the Eighth Circuit has dismissed an appeal in a North Dakota drug case. Opinion Text: United States v. Vondal
PACs report handful of donations in Minnesota judicial races
Fargo Forum: "The latest campaign finance reports show a trickle of money by groups giving to Minnesota's judicial candidates."
Feds: Privacy does not exist in `public places'
Wired.com: "The Obama administration has urged a federal appeals court to allow the government, without a court warrant, to affix GPS devices on suspects' vehicles to track their every move." U.S. v. Lawrence Maynard opinon text
Mont.: Judge Gustafson to launch adult drug court
Billings Gazette: "District Judge Ingrid Gustafson is planning to have a new adult drug court up and running in Billings by the first of the year."
Montana Supreme Court upholds sentence in meth case
Missoulian: "The Montana Supreme Court has affirmed the prison sentence of a Corvallis man convicted of possessing methamphetamine with intent to distribute." Link to Opinion: State v. Weisweaver
Wyoming Supreme Court upholds child endangerment conviction
Casper Star Tribune: "A Cheyenne man who was convicted of child endangerment lost his appeal to the Wyoming Supreme Court on Tuesday." Opinion Text: Dougherty v. State
Former U.S. Supreme Court justice says appointed judges better for business
Las Vegas Sun: "Retired U.S. Supreme Court Justice Sandra Day O'Connor said going to a judicial merit selection system is good for business and has enjoyed strong support from the private sector across the country."
Lawyers to access electronic court documents from their offices
As the North Dakota trial courts continue their conversion to an all electronic record, lawyers who use the new case management system (where it is available) to file all their court documents will be given access from their own offices to all public court documents in the state without charge. Courts offer electronic filing registration, training
October Term of Court
The October term of court has been posted, including issues and briefs.
Is there racial, ethnic bias in North Dakota courts?
Devils Lake Journal: "Does racial and ethnic bias exist in North Dakota courts? That's what the North Dakota Supreme Court wants to know." Commission to Study Racial and Ethnic Bias in the Courts
September 21, 2010
Committee names finalists for Southeast District Judge
The Judicial Nominating Committee has selected three lawyers as candidates to fill the Southeast Judicial District Judge vacancy created by the death of Judge James Bekken. The finalists for the judgeship are James D. Hovey, Ann Mahoney, and Travis S. Peterson.
8th Circuit: Search of family's Alcester farm reasonable
Rapid City Journal/AP: "A federal appeals court on Tuesday upheld a lower court's ruling that investigators did not violate the U.S. Constitution during two 2004 searches of a family's Alcester farm." Opinion Text: Lykken v. Brady
Minn.: Klobuchar goes back to court
Minneapolis Star Tribune: "Sen. Amy Klobuchar has been channeling her former career this past week as she takes part in an rare Senate proceeding - an impeachment trial for a federal judge."
U.S.: Judges' disclosures hard to get
Associated Press: "While reviewing reports intended for public examination can be as simple as the click of a computer mouse these days, federal judges refuse to make it easy for the public to see annual reports on their investments, affiliations and paid travel - reports that could signal potential conflicts of interest in pending lawsuits."
9th Circuit strikes down law on providing explicit materials to minors
Law.com: "It shouldn't be illegal to sell a Judy Blume novel to a little girl, the 9th U.S. Circuit Court of Appeals said Monday. A three-judge panel found a pair of Oregon statutes that ban certain people from providing minors with sexually explicit information unconstitutionally broad, reversing a district court judgment." Opinion Text: Powell's Books v. Kroger
New Opinions posted Sept. 21
The Supreme Court posted 11 new opinions on Sept. 21.
September 20, 2010
New Disciplinary Order posted Sept. 20
The Supreme Court posted a new disciplinary order on Sept. 20.
Supreme Court selects law clerks for 2011-2012 term
The Supreme Court has selected James R. Hoy of Fargo, Andrew J. Neumann of Bismarck, Lindsey Scheel of Fergus Falls, Minn., Abby Gratz Siewert of Williston, and Kirsten Tuntland of Mandan to serve one-year clerkships with the court beginning in August 2011.
N.D. Attorney General Opinion: Sept. 20
North Dakota Attorney General Wayne Stenehjem has issued an opinion that the passage of Measure #1 in the upcoming November election would have no effect on the current constitutional allocations of oil extraction tax revenues to the common schools trust fund and the foundation aid stabilization fund. Letter Opinion 2010-L-13 Bismarck Tribune: Legacy Fund would `dislocate' other oil, gas funds
Grand Forks County Bar Association to meet Sept. 22
The Grand Forks County Bar Association meets this Wednesday, Sept. 22, at noon at Aalto's Cafe. The speaker will be former U.S. Attorney Drew Wrigley.
Big Muddy Bar Association to meet Sept. 23
The Big Muddy Bar Association will meet Thursday, Sept. 23, at noon at the Bismarck Elks Club. Candidates for South Central Judicial District Judgeship Number 5 Parrell Grossman and Cynthia Feland will respond to questions from discussion moderator Jim Hill.
Appellate practice tip of the week
Avoid footnotes. Don't put your citations in footnotes. Never put substantive argument in a footnote. Other appellate practice tips
Program new to most of the state means twice daily tests for alcohol
Bismarck Tribune: "Two times a day, Shelly Palaniuk and Matt Chuney drive 20 miles from Beulah to the Mercer County Jail in Stanton to blow into an alcohol breathalyzer."
Mont.: New Butte DUI court for repeat offenders
Billings Gazette: "A new specialty court designed to intervene with repeat drunken driving offenders will begin in Butte on Oct. 1 with the help of a $308,198 federal grant."
Who is Judge Molloy? Montana jurist at center of furor
Billings Gazette: "Dana Christensen remembers teasing his friend Don Molloy when the two were classmates in law school. It would be 10 p.m. and Molloy would still be hard at his studies in the University of Montana's law library." Judge Donald Molloy Official Profile
Missouri tells judges cost of sentences
New York Times: "When judges here sentence convicted criminals, a new and unusual variable is available for them to consider: what a given punishment will cost the State of Missouri."
Minn.: Wersal, others believe judges should be elected
Bemidji Pioneer: "Three candidates for statewide judicial offices who carry the Republican endorsement want to see judges elected, not appointed. Although running diverse campaigns, that's the common thread between the Minnesota Supreme Court candidacies of Greg Wersal and Tim Tingelstad and Minnesota Court of Appeals candidate Dan Griffith."
Constitution does not ban sex bias, Scalia says
S.F. Chronicle: "The U.S. Constitution does not outlaw sex discrimination or discrimination based on sexual orientation, Supreme Court Justice Antonin Scalia told a law school audience in San Francisco on Friday."
The High Court: Breyer on the Constitution
Washington Post: "When President Obama faced openings on the Supreme Court in his first two years in office, a frequent request from liberals was for someone to stand up to Justice Antonin Scalia. Give us someone who'll take him on, they said, and tell him why he's wrong."
September 17, 2010
Joint Procedure Committee Sept. 23-24 agenda
The agenda for the Sept. 23-24 meeting of the Joint Procedure Committee has been posted.
Court hears arguments at the University of Mary
In honor of Constitution Day, the North Dakota Supreme Court traveled to the University of Mary on Sept. 16 to hear arguments in State v. Hager. Here are the photos. Taking the Court to the Schools
North Dakota may pay for lawyers for sex offender hearings
Bismarck Tribune: "North Dakota state government may begin paying for attorneys to represent alleged sexual predators who contest efforts to lock them up for mental health treatment."
U.S.: At 103, a judge has one caveat: No lengthy trials
N.Y. Times: "Judge Wesley E. Brown's mere presence in his courtroom is seen as something of a daily miracle. His diminished frame is nearly lost behind the bench. A tube under his nose feeds him oxygen during hearings. And he warns lawyers preparing for lengthy court battles that he may not live to see the cases to completion, adding the old saying, 'At this age, I'm not even buying green bananas.'"
September 16, 2010
Supreme Court at Univ. of Mary Thursday
The Supreme Court travels to the University of Mary on Thursday morning to hear arguments in a case as a part of Constitution Week. State v. Hager University of Mary
Judiciary Standards Committee Sept. 17 agenda
The agenda for the Sept. 17 meeting of the Judiciary Standards Committee, and the Committee's June 15 minutes, have been posted.
Racial and Ethnic Bias Commission Sept. 17 agenda
The agenda for the Sept. 17 meeting of the Commission to Study Racial and Ethnic Bias in the Courts, and the Commission's July 23 minutes, have been posted.
Minn. public defenders seek to reduce caseloads
Minneapolis Star Tribune: "Public defenders in Minnesota said Wednesday they are stretched too thin, and they have asked the State Judicial Council to help reduce their caseloads by moving nonviolent crimes, such as petty theft and misdemeanor trespassing, out of the courtroom." St. Paul Pioneer Press: More fines and fewer trials? Public defenders ask relief
N.J. case tests whether circulating news about expunged conviction is libel
Law.com: "If a criminal conviction is expunged, did it ever exist? That's what the New Jersey Supreme Court is being asked to decide, and its answer will determine whether one who publicizes a conviction after expungement is committing defamation."
Japan: Concerns grow over post-trial burdens of new court system
Japan Times: "In the year since the nation's first lay judge trial in August 2009, more than 3,000 citizens served as lay judges across the country. While the new criminal justice system appears to be running smoothly, some people have begun to raise concerns about the stress that comes with serving as a lay judge."
Courts offer electronic filing registration, training
Registration and training for electronic filing with the North Dakota Court System is now available. Electronic filing is currently available for all civil, family and probate case types. By Oct. 15, electronic filing will also be available for all criminal, juvenile and restricted case types.
Personnel Policy Board Sept. 20 agenda
The agenda for the Sept. 20 meeting of the Personnel Policy Board has been posted.
September 15, 2010
Bismarck Inn of Court to meet Thursday
The Bruce M. VanSickle Inn of Court will hold its first meeting of the year on Thursday, Sept. 16, at 5:30 p.m. at the Bismarck Municipal Country Club. The meeting will feature a panel discussion on jury selection by local attorneys Jim Hill, Dave Maring and Mike Hoffman.
Minn.: Court upholds cop's decision to pull up a suspect's baggy jeans
Minneapolis Star Tribune: "White Castle, weed and baggy pants. It has all the elements of a comedy, but throw in a concealed handgun, a suspected drug deal and a wardrobe malfunction, and it's a Minnesota Court of Appeals case that even compelled a judge to quote an 'American Idol' audition." Opinion Text: State v. Wiggins St. Paul Pioneer Press: An illegal search? No, a 'wardrobe assist'
Another trial run looms for cameras in federal courts
USA Today: "Some federal trials could be televised under a plan approved Tuesday by the U.S. Judicial Conference. The conference - the policy-making arm of the U.S. judiciary - voted for a pilot project that would allow video recordings of civil trials." Law.com: Judicial Conference sets new experiment with TV access
Calif.: Miranda rights delay wipes out murder verdict
S.F. Chronicle: "A Bay Point man who admitted killing his girlfriend as a teenager in 1998 is entitled to a new trial because police deliberately delayed advising him of his right to remain silent until after he confessed, a federal appeals court has ruled." Opinion Text: Thompson v. Runnel
September 14, 2010
North Dakota Supreme Court visits Edgeley
The North Dakota Supreme Court traveled to Edgeley on Sept. 13 to hear oral arguments and visit students. Here are the photos. Taking the Court to the schools
Minn.: Appeals Court rules for BNSF in fatal Anoka accident
Minneapolis Star Tribune: "Seven years after four young people were killed in a horrific train-car accident in Anoka, and two years after a historic $21.6 million jury verdict, the Minnesota Court of Appeals ruled Tuesday that the case must be retried, because of errors in jury instruction, to determine if the Burlington Northern Santa Fe railroad was liable." Opinion Text: Frazier v. Wright
Minn. Supreme Court announces visit to Rochester area
Minnesota Judicial Branch: "Minnesota residents in the Rochester area are invited to meet the Minnesota Supreme Court and local judges during an informal community dinner on Wednesday, October 6, 2010, in Rochester, Minn. The "Meet Your Court" dinner is one of the events that are part of the Supreme Court's fall visit to the Third Judicial District."
S.D. Study: Drug court needed
Aberdeen American News: "A program that would allow some drug offenders to stay out of prison but under intense local supervision is needed in Brown County, according to a judicial study and the region's top judge."
U.S.: Judicial panel weighs courtroom cameras
USA Today: "As the Supreme Court and the rest of the federal judiciary face congressional criticism for barring cameras from courtrooms, the U.S. Judicial Conference is considering a small step toward testing cameras at some trials."
Appeals Court guts landmark computer-privacy ruling
Wired: "Bowing to the Obama administration, a federal appeals court Monday gutted its own decision that had dramatically narrowed the government's search-and-seizure powers in the digital age." Opinion Text: United States v. Comprehensive Drug Testing, Inc.
Confessing to crime, but innocent
New York Times: "New research shows how people who were apparently uninvolved in a crime could provide a detailed account of what occurred, allowing prosecutors to claim that only the defendant could have committed the crime."
September 13, 2010
Michael B. Unhjem 1953-2010
Lawyer and Uniform Law Commissioner Mike Unhjem, 57, was found dead on Monday. The former State Representative and Blue Cross Blue Shield president was a 1978 U.N.D. Law School graduate. Obituary
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the judgment in a North Dakota case involving a person who pretended he was an attorney. Opinion Text: United States v. Kieffer Fargo Forum/AP: Appeals court upholds phony lawyer's conviction
N.D. Attorney General Opinion: Sept. 13
North Dakota Attorney General Wayne Stenehjem has issued an opinion that state administrative agencies must have statutory authorization from the Legislature to impose civil or criminal penalties or to define the terms or elements of an offense. Letter Opinion 2010-L-12
Peterson, Vukelic now Standing Rock justices
Bradley Peterson and Jim Vukelic were sworn in as justices of the Standing Rock Supreme Court in a ceremony Sept. 8. Peterson will serve as Chief Justice and Vukelic will serve as Associate Justice of the three-person court.
McBeth explains sentencing, prosecutor's role
Wahpeton Daily News: "Ron McBeth has been with the Richland County State's Attorney's office for 27 years, representing the state of North Dakota. His main job, though, is to draw up complaints when an arresting officer doesn't write a citation, usually for misdemeanors."
S.D.: High court to review media access
Sioux Falls Argus Leader: "The South Dakota Supreme Court will take public testimony next month on two proposals that would allow cameras in the state's courtrooms." Aberdeen American News/AP: Hearing set on courtroom cameras issue in SD
Burp v. Breathalyzer: Ky. Supreme Court to decide issue in DUI case
Louisville Courier Journal: "It is considered crass in most cultures, and hardly a subject of polite conversation. But now the Kentucky Supreme Court must answer a profound legal question about the burp - is one enough to invalidate an alcohol breath test?"
Senate opens impeachment trial against judge
Associated Press: "A federal judge from Louisiana is corrupt and unfit to serve on the bench, House members said Monday as they began a rare congressional impeachment trial by laying out their case against the jurist."
Appellate practice tip of the week
Following each sentence stating a fact, include the record reference. See N.D.R.App.P. 28(e). Other appellate practice tips
Job Announcement
A job announcement for a law clerk to Judge Daniel Hovland in Bismarck has been posted.
September 10, 2010
Supreme Court in Edgeley on Monday
The Supreme Court travels to Edgeley on Monday to meet with students and to hear arguments in a case. Taking the Court to the Schools Fehl-Haber v. State Edgeley Public Schools
Judge Lisa Fair McEvers Investiture photos
The Investiture for new East Central District Judge Lisa Fair McEvers was held at the Cass County Courthouse in Fargo.
North Dakota bar exam results
Of the 66 applicants who sat for the two-day N.D. bar exam in July 51 passed, a 77% pass rate, compared to 84% a year ago. For those taking the N.D. exam for the first time, 80% passed, compared to 90% a year ago. Of the 48 first-time examinees who graduated from the U.N.D. Law School, 79% passed, compared to 88% a year ago.
Law versus medicine in Friday's UND Malpractice Bowl
G.F. Herald: "Rob Carolin of the law school staff is betting on the legal students to win the annual Malpractice Bowl games Friday afternoon. Judy DeMers, an associate dean of the med school, says, 'No way.'"
Minn.: Supreme Court voids convictions in '01 murder case
Minneapolis Star Tribune: "Calling the case 'rare and exceptional,' the Minnesota Supreme Court said Thursday that a Ramsey County judge had no authority to convict and sentence 14-year-old Jerry Vang as an adult. Vang was sentenced to life in prison for the 2001 shooting death of another teenager." Opinion Text: Vang v. State
Calif. judge to stop 'don't ask, don't tell' policy
Associated Press: "A federal judge said she will issue an order to halt the military's 'don't ask, don't tell' policy, after she declared the ban on openly gay service members unconstitutional." Opinion Text: Log Cabin Republicans v. United States New York Times: Judge rules that military policy violates rights of gays
Court: Tattoo parlors covered by 1st Amendment
S.F. Chronicle: "To some, they're body art. To others, they're hazards to health, morals and good taste. But to a federal appeals court, tattoos are constitutionally protected free expression, and a city has no more right to ban tattoo parlors than to outlaw bookstores or newsstands." Opinion Text: Anderson v. City of Hermosa Beach
Job Announcement
A job announcement for a Director of Juvenile Court Services for Unit 3 of the North Dakota Court System in Bismarck has been posted.
September 9, 2010
Court adopts amendments to professional conduct rule 7.1
The N.D. Supreme Court has adopted amendments to Rule 7.1 of the North Dakota Rules of Professional Conduct regarding permissible communications about lawyer services. The amendments take effect Oct. 1. Amendments to Rule 7.1
Court adopts amendments to administrative rule 7.2
The N.D. Supreme Court has adopted amendents to Rule 7.2 of the North Dakota Supreme Court Administrative Rules to reflect the current administrative unit structure. The amendments take effect Oct. 1. Amendments to Admin. Rule 7.2
Freethinkers lawsuit against Fargo dismissed
Fargo Forum: "A U.S. District Court judge has dismissed the Red River Freethinkers' lawsuit against Fargo over the Ten Commandments monument that sits outside the Fargo Civic Center."
Minn.: Alan Page talks
St. Paul Pioneer Press: "The whole point of being here for me is to be as good at this job as I can be, to do my best to look at the issues that come before us, the cases, as independently and impartially as I can. And make the best decision that I can." Associate Justice Alan C. Page Official Biography
Friends, family mourn loss of former Wyoming Supreme Court justice
Casper Star Tribune: "A former Wyoming Supreme Court justice who spent more than 2 1/2 decades on the state's highest court died Saturday in Rio Rancho, N.M. Justice Richard V. Thomas sat on the bench from 1974 until his retirement in February 2001, making him one of the longest-tenured justices in the state's history."
Minn.: Juvenile detention alternatives initiative celebrates five years
Minnesota Judicial Branch: "The Hennepin County Juvenile Detention Alternatives Initiative has marked its fifth anniversary by announcing that it has reduced the average daily population of the Hennepin County Juvenile Detention Center from 95 to 44 youth - a total decline of 54 percent since 2005."
Appeals court allows stem cell funding for now
Associated Press: "A federal appeals court on Thursday permitted federal funding of stem cell research to proceed for now, while it considers a judge's ruling that had temporarily shut off the funds."
Wisc.: At new hall, Scalia stresses teaching
Milwaukee Journal Sentinel: "U.S. Supreme Court Justice Antonin Scalia offered frank advice Wednesday to the hundreds of faculty and students who turned out for the dedication of Ray and Kay Eckstein Hall, Marquette University Law School's new $85 million building."
September 8, 2010
3rd Circuit: Probable cause may be needed for cell phone location data
Law.com: "In the first appellate ruling on a cutting-edge privacy issue, the 3rd U.S. Circuit Court of Appeals has declared that cell phone location data may trigger Fourth Amendment concerns and that prosecutors demanding access to such records may be required at times to satisfy a probable cause standard." Opinion Text: In re Application of United States
Va. appeals court upholds tracking suspects with GPS
Washington Examiner: "Police can use a GPS device to track the movements of a suspect's vehicle without first obtaining a warrant, the Virginia Court of Appeals ruled Tuesday." Foltz v. Virginia opinion text
Court dismisses a case asserting torture by C.I.A.
N.Y. Times: "A sharply divided federal appeals court on Wednesday dismissed a lawsuit involving the Central Intelligence Agency's practice of seizing terrorism suspects and transferring them to other countries for imprisonment and interrogation. The ruling handed a major victory to the Obama administration in its effort to advance a sweeping view of executive secrecy power." Mohamed v. Jesppesen Dataplan Law.com: 9th Circuit backs government's state secrets claim in rendition case
Former Justice O'Connor backs Iowa judge selection
Des Moines Register: "Retired U.S. Supreme Court Justice Sandra Day O'Connor will speak in favor of Iowa's merit-based judge-selection system [Sept. 8] during a panel discussion in Des Moines."
Job Announcement
A job announcement for an Assistant State's Attorney in Ward County has been posted.
September 7, 2010
Joint Committee on Attorney Standards Sept. 10 agenda
The agenda for the Sept. 10 meeting of the Joint Committee on Attorney Standards, and the Committee's June 15 minutes, have been posted.
Hearing set on Joint Procedure Committee proposal to amend rules
A hearing has been set for Oct. 20 on the Joint Procedure Committee's proposal to amend the North Dakota Rules of Civil Procedure, Appellate Procedure, Criminal Procedure, the Rules of Court, and the Supreme Court Administrative Rules and Orders. Proposed Rule Amendments
New Opinion posted Sept. 7
The Supreme Court posted a new opinion on Sept. 7.
Legal sector gained 1,000 jobs in August
Law.com: "The Bureau of Labor Statistics' monthly employment report for August was released early Friday and the news was still a bit glum overall -- the U.S. economy lost a total of 54,000 jobs. But the news for lawyers and legal industry employees was a bit brighter."
A well-traveled path from Ivy League to Supreme Court
New York Times: "Justice Clarence Thomas recalled the reaction from 'self-proclaimed smart bloggers' when he looked beyond the Ivy League to hire law clerks from Creighton, George Mason, George Washington and Rutgers for the Supreme Court term that started in 2008." New York Times: Polarization of Supreme Court Is reflected in justices' clerks
September 6, 2010
Appellate practice tip of the week
Refer to the appendix and the transcript by page and line number. Other appellate practice tips
Boxers, Briefs and Books
N.Y. Times: John Grisham: "I wasn't always a lawyer or a novelist, and I've had my share of hard, dead-end jobs. I earned my first steady paycheck watering rose bushes at a nursery for a dollar an hour."
Mont.: Supreme Court race may be very competitive
Billings Gazette: "The contest to fill an open seat on Montana's Supreme Court may be the most competitive statewide race on Montana's election ballot this fall - but don't expect a knock-down, drag-out affair, the candidates say."
Mont.: Ex-justice back as lawyer before Montana high court
Billings Gazette: "Former Montana Supreme Court Justice and current trial attorney Terry Trieweiler seems equally sincere and sarcastic when he said his career can be summed up by a popular country song."
September 5, 2010
Teddy Roosevelt credited North Dakota for gaining office
Fargo Forum: "A throng of 10,000 people turned out in the rain to hear Theodore Roosevelt speak in Fargo's Island Park on a day proclaimed in his honor throughout North Dakota."
N.D. officials aim to restructure foster care
G.F. Herald: "North Dakota is at the forefront of a new trend in the way foster care is administered: Don't put children in foster care."
Alcohol and Substance Abuse Summit to be held in Bismarck
Substance abuse prevention and treatment professionals will gather to explore intervention, treatment and recovery options during the annual Alcohol and Substance Abuse Summit, Sept. 8-9, in Bismarck.
U.S.: Prison Without Walls
The Atlantic: "Incarceration in America is a failure by almost any measure. But what if the prisons could be turned inside out, with convicts released into society under constant electronic surveillance? Radical though it may seem, early experiments suggest that such a science-fiction scenario might cut crime, reduce costs, and even prove more just."
September 4, 2010
Judge rules ND Libertarians can't go on ballot
Williston Herald/AP: "North Dakota law didn't unfairly discriminate against three Libertarian state legislative candidates who did not get enough June primary votes to advance to the November election, a federal judge ruled Friday. U.S. District Judge Ralph Erickson dismissed a lawsuit by the candidates, who had asked Erickson to order Secretary of State Al Jaeger to include them on the November ballot. Jaeger must certify the ballot's final language next week." Libertarian Party v. Jaeger opinion text
September 3, 2010
New Opinion posted Sep. 3
The Supreme Court posted a new opinion on Sep. 3.
N.Y. Governor Vetoes 'Broadly Written' Bill to Penalize Court Records Disclosure
New York Law Journal: "New York Gov. David A. Paterson on Monday vetoed a bill, strenuously opposed by the court system and prosecutors, which would have made the disclosure of sealed court records a crime punishable by up to one year in prison."
U.S.: Law School Deans Are a Popular Choice for University President
New York Law Journal: "New York Gov. David A. Paterson on Monday vetoed a bill, strenuously opposed by the court system and prosecutors, which would have made the disclosure of sealed court records a crime punishable by up to one year in prison."
Federal judge blocks Neb. ban on flag mutilation
AP: "A federal judge overturned Nebraska's ban on flag mutilation Thursday, clearing the way for Kansas church protesters to continue trampling on the U.S. flag when they protest at military funerals."
September 2, 2010
Joint Procedure Committee submits annual petition to amend court rules
The Joint Procedure committee has submitted its annual petition to amend court rules. Amendments to the North Dakota Rules of Civil Procedure, Appellate Procedure, Criminal Procedure, the Rules of Court and the Administrative Rules have been proposed.
ABA adopts new model rules for client trust accounts
ABA News Release: The American Bar Association House of Delegates adopted new rules for record keeping regarding client trust accounts when it met earlier this month, reflecting changes in banking laws and technology, and evolving methods of legal practice.
Mont.: Magistrate recommends dismissing gun lawsuit
Great Falls Tribune/AP: "A group of states seeking freedom from federal gun laws were dealt a blow Wednesday when a federal magistrate recommended dismissal of a lawsuit launched by gun rights advocates who argue Congress has overstepped its bounds with gun control."
Association names winners of Sioux Award
G.F. Herald: "The UND Alumni Association has chosen the winners of this year's Sioux Award, given to alumni for their achievement, service and loyalty to the university. [They include attorney] Henry C. "Bud" Wessman, a former UND faculty member who created the physical therapy department." Henry C. Wessman Lawyer Record
S.D. governor and chief justice praise drug court
Sioux Falls Argus Leader/AP: "Gov. Mike Rounds and state Supreme Court Chief Justice David Gilbertson say South Dakota's drug court program has helped people with drug problems overcome their addictions so they can continue working in the community." S.D. Unified Judicial System News Release
Wisc.: UW-Madison must fund prayer activities, court says
Milwaukee Journal Sentinel/AP: "A federal appeals court has upheld a lower court's ruling that the University of Wisconsin-Madison must pay for student activities involving prayer, worship and proselytizing." Opinion Text: Badger Catholic v. Walsh
September 1, 2010
Court system team competes in softball tourney
The 2010 Protective Services Softball Tournament was held Aug. 28 at the Mandan Softball Complex. Eleven teams, including the 'Blind Justice' squad from the state court system, competed in the double elimination tournament.
Minn. Court of Appeals dismisses fraud lawsuit against New Ulm Diocese
St. Paul Pioneer Press: "Four women who alleged that a now-dead priest sexually abused them as children had their lawsuit thrown out by the state Court of Appeals on Tuesday." Opinion Text: Doe v. Diocese of New Ulm
State support courted in high court video game case
Law.com: "A campaign is under way to win the hearts and minds of state attorneys general in the run-up to a major Supreme Court case testing the constitutionality of limits on the sale of violent video games."
Job Announcement
A job announcement for a Deputy Clerk of District Court I in Grand Forks has been posted.
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