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September 28, 2012
New Opinion: Sept. 28
The Supreme Court posted a new opinion on Sept. 28.
U.S. Supreme Court Oct. 1 arguments
Monday, the United States Supreme Court will hear arguments in an Alien Tort Statute human rights case and an admiralty case involving the definition of "vessel." Kiobel v. Royal Dutch Petroleum Lozman v. City of Riviera Beach
Pattern Jury Instruction Commission Oct. 4-5 agenda
The agenda for the Oct. 4-5 meeting of the Pattern Jury Instruction Commission, and the commission's June 15 minutes, have been posted.
North Dakota tribes receive public safety grants
Bismarck Tribune: "Three North Dakota tribes received public safety grants from the U.S. Department of Justice. The Standing Rock Sioux, Turtle Mountain Band of Chippewa and Sisseton-Wahpeton Oyate tribes were among the 110 American Indian and Alaska Native nations to receive more than $101 million in grants announced Thursday."
S.D. Supreme Court October Term to be held at the University of Sioux Falls
S.D. Unified Judicial System: "Chief Justice David Gilbertson of the South Dakota Supreme Court has announced that the Supreme Court will hold its October 2012 Term of Court at the University of Sioux Falls, in Sioux Falls, South Dakota. The Court will hear oral arguments on October 1, 2, and 3."
S.D.: New system to improve court's convenience
KELO News: "It's something that runs in the background but can make a big impact on those coming in and out of the Minnehaha County courthouse. Over the next week and half, the 2nd circuit will be switching over to a new filing system."
Canada: Top court backs cyber-bullying protection over media rights
Toronto Globe and Mail: "The Supreme Court of Canada has joined the battle to eliminate bullying, clearing the way for a Nova Scotia girl to pursue her Facebook tormentors under a cloak of anonymity." Opinion Text: A.B. v. Bragg Communications
September 27, 2012
New Opinion: Sept. 27
The Supreme Court posted a new opinion on Sept. 27.
Cass County Courthouse addition opening
The Cass County Courthouse West Addition ribbon cutting has been set for Friday, Oct. 5, at 10:30 a.m., in Fargo.
First In Her Class Applicant Admitted In Minnesota Without Examination
Legal Prof: "The Minnesota Supreme Court has admitted without examination an applicant for bar admission who did not meet the educational requirements for admission on motion." Petition of Murray opinion text
U.S.: Highest court to decide on gay marriage
S.F. Chronicle: "By next summer, the U.S. Supreme Court will almost certainly have decided whether gays and lesbians can marry in California and whether same-sex couples legally married in their home states can be denied federal benefits."
September 26, 2012
Oil boom rapidly creating a Sixth Amendment crisis in North Dakota
Sixth Amendment Center: "Though the successful implementation of oil fracking technologies has created a large budget surplus for North Dakota, it has also had the unintended side effect of overwhelming the state's indigent defense system."
West Virginia voting map upheld by U.S. Supreme Court
Bloomberg News: "The U.S. Supreme Court upheld West Virginia's congressional voting boundaries, saying the population among districts can vary to protect incumbents and keep counties and cities intact." Opinion Text: Tennant v. Jefferson County Commission
U.S.: Court grants appeals from 2 people without lawyers
Associated Press: "Well-heeled clients pay tens of thousands of dollars to hit the legal jackpot - Supreme Court review of their appeals. But on Tuesday, the court decided to hear cases filed by two people who couldn't afford or didn't bother to hire an attorney." McClatchy Newspapers: Supreme Court will hear case on North Carolina malpractice settlement
Minn.: Court reverses Art Center ruling
Albert Lea Tribune: "The Minnesota Court of Appeals on Monday reversed an almost $460,000 judgment against the owner of the Albert Lea Art Center building, in what was a five-year court battle between the landlord and the Art Center's board." Opinion Text: Albert Lea Art Center v. Crane
Texas: Appeals court upholds penalties for secret meetings
Houston Chronicle: "In a victory for open government, a federal court on Tuesday ruled against a lawsuit filed by Texas municipal officials who have been fighting for six years to escape criminal penalties for holding public meetings behind closed doors." Opinion Text: Asgeirsson v. Texas Attorney General
September 25, 2012
New Opinions: Sept. 25
The Supreme Court posted 13 new opinions on Sept. 25.
Job Announcement
A job announcement for a public defender with the Commission on Legal Counsel for Indigents in Williston has been posted.
U.S.: High court to consider drunken driving case
Associated Press: "The Supreme Court will decide when law enforcement officers must get a warrant before ordering a blood test on an unwilling drunken-driving suspect."
Minn.: Court upholds jailing of father who owed $130K in family support
St. Paul Pioneer Press: "An appellate court has upheld the jailing of a former Rochester, Minn., man who skipped out on support obligations for his ex-wife and 14-year-old daughter beginning 17 years ago." Opinion Text: McGowan v. McGowan
Minn.: HIV felony conviction overturned
Minneapolis Star Tribune: "Citing a lack of clarity in state law, the Minnesota Court of Appeals on Monday overturned the felony conviction of a man who infected his sexual partner with HIV, even though a jury found he gave fair warning that he had the disease." Opinion Text: State v. Rick
U.S.: Appeals court tosses out landmark Katrina ruling
St. Paul Pioneer Press/AP: "A federal appeals court reversed itself Monday and threw out a judge's landmark ruling that the Army Corps of Engineers was liable for billions of dollars in Hurricane Katrina flood damage that property owners blame on the corps' maintenance of a New Orleans shipping channel." Opinion Text: Katrina Canal Breaches Litigation
September 24, 2012
Faces of the Boom: Public defender feels stretched thin
Fargo Forum: "Bob Martin borrows a quote from author J.R.R. Tolkien to describe his job as a public defender covering cases in the Oil Patch: 'I feel thin, sort of stretched, like butter scraped over too much bread.'"
Judge Bright honored for humanitarian work
Fargo Forum: "Federal Appeals Court Judge Myron Bright has been selected as this year's recipient of Temple Beth El's Robert Feder Humanitarian Award. Bright has been a judge since President Lyndon Johnson appointed him in 1968."
Minn. appeals court: Compressor company not liable for 2004 AMPI fire
Mankato Free Press: "A judge's ruling saying an air compressor service company wasn't financially responsible for a fire that nearly destroyed a New Ulm butter plant in 2004 has been upheld by the Minnesota Court of Appeals." Opinion Text: Associated Milk Producers v. Compressor Services
Minn.: Law grads value job placement rates
Minnesota Daily: "Not long ago, going to law school was a safe bet - both for students who planned on practicing law and those who were less certain of their future career path. But in recent years, a sputtering legal economy has made the choice more difficult."
SD National Guard commissions first female judge advocate
DVIDS: "Karla Marie MacArthur, of Rapid City, swore in as an attorney and then as an officer in the South Dakota Army National Guard, Sept. 21, at the Pennington County Courthouse in Rapid City."
Mont.: Ex-pot provider can't claim entrapment
Helena Independent Record: "A former medical marijuana provider facing federal drug charges will not be allowed to claim that government officials entrapped him by making statements that led him to believe he would not be prosecuted."
Novel courts handle low-level crimes across US
Seattle Post Intelligencer/AP: "In most courtrooms, spontaneous applause could get you thrown out. But in this San Francisco court, it's expected - and strongly encouraged for the defendants."
SBAND Distinguished Service Award Ceremony
Bismarck Attorney David Maring received the State Bar Association of North Dakota's Distinguished Service Award at SBAND's June 2012 conference. His name was formally affixed to the plaque in the N.D. Supreme Court lobby on Sept. 21.
September 21, 2012
Justice, medicine split games
G.F. Herald: "They say that time heals your wounds. It probably took 10 to 20 minutes for the UND law women to recover from their devastating loss to the medical women in last week's Malpractice Bowl at Memorial Stadium. The male medical students kept a stiff upper lip. They were all right with their loss to the law school team after five to 10 minutes."
S.D.: Bridgewater harassment case sent back for new trial
Mitchell Daily Republic: "The South Dakota Supreme Court has sent the case of a Bridgewater man convicted of malicious harassment and first-degree burglary for an incident in 2010 back to the trial court after ruling certain evidence should not have been excluded at trial." Opinion Text: State v. Jucht
Candidates for Montana Supreme Court justice won't accept party endorsements
Missoulian: "While a federal court says political parties can now endorse nonpartisan judicial candidates in Montana, the two candidates for an open state Supreme Court seat said this week they won't accept the endorsements - because a state judicial ethics code forbids it."
Minn.: Judge Alan Pendleton receives outstanding judge award
Minnesota Judicial Branch: "Tenth Judicial District Judge Alan Pendleton has been named the recipient of the 2012 Minnesota District Judges Association Outstanding Judge Award for his commitment to improvement in the judicial system and promotion of judicial efficiency."
Minn.: 'Art of Recovery' gives crime victims an outlet
Austin Daily Herald/AP: "In the U.S., an estimated 18.7 million people age 12 or older experienced violent or property crimes in 2010 -- 18.7 million sons and daughters, neighbors, coworkers and friends."
U.S.: Kagan reflects on first year on Supreme Court
Richmond Times Dispatch: "Elena Kagan said Wednesday that the U.S. Supreme Court's most recent session - her first - in which health care reform narrowly survived was an unusually difficult one." Washington Post/AP: Justice Kagan describes inner workings of Supreme Court
Job Announcement
A job announcement for an Attorney I (Hearing Officer) with the N.D. Department of Transportation has been posted.
September 20, 2012
Burleigh County clerk of court calls herself for jury duty
Bismarck Tribune: "When Deb Simenson got the mail on Aug. 25, she was surprised to see an envelope with the familiar printed blue return address from her office. Turns out, the longtime Burleigh County clerk of court had picked her own name when she printed hundreds of jury duty summons the day before from a randomly generated list."
Minn.: Judge reinstates contempt charges against Somali woman
Minneapolis Star Tribune: "A federal judge in Minneapolis reinstated contempt charges Tuesday against a Somali woman who had refused to stand in respect to the court during her trial last year on charges related to terrorism. Then he dropped the jail time he'd imposed."
Minn.: Benign brain tumor removed from Clay County attorney Melton
WDAY News: "Clay County attorney Brian Melton was released from the Mayo Clinic hospital [Sept. 19] after having surgery to remove a benign brain tumor."
Minn.: High tuition, weak job market keeping law school enrollment down
KAAL News: "Jennah Bordson is in her second year of law school at St. Thomas University. She says, ever since high school she's always had a thing for the law. 'Listening to supreme court hearings, holdings and briefs was fascinating,' Bordson said."
Montana legal group gets $1.2M from insurance settlement
Billings Gazette/AP: "State insurance officials say a Montana legal services charity will receive $1.2 million from a law firm that represented plaintiffs in a class-action lawsuit over insurance fees."
Judge: SD prison tobacco ban substantially burdens Native American inmates' religious rights
Washington Post/AP: "A federal judge ruled Wednesday that the South Dakota prison system's ban on tobacco in religious ceremonies substantially burdens Native American inmates' religious rights."
California's DNA law probed by judges
S.F. Chronicle: "Federal appeals court judges aimed tough questions Wednesday at a state lawyer defending California's voter-approved requirement that police take DNA samples of anyone arrested on suspicion of committing a felony."
October Term of Court
The October term of court has been posted, including issues and briefs.
September 19, 2012
Order issued: Sept. 19
The Supreme Court has issued an order denying the relief requested relative to an excluded initiative measure.
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has declined to address a pro se defendant's ineffective-assistance-of-counsel claim in a North Dakota drug case. United States v. Barker
Mont.: New federal courthouse in Billings gets high marks
Missoulian: "For a few moments Monday evening, Carrie Carpenter got to play judge. The 10-year-old Billings girl sat in the chair usually occupied by Senior U.S. District Judge Jack Shanstrom, talked into the microphone and looked out over the Big Horn Courtroom on the fifth floor of the newly completed $80 million courthouse in downtown Billings."
Minn.: Appeals court upholds Norman's felony convictions
Albert Lea Tribune: "The Minnesota Court of Appeals has sustained convictions of six felony charges against former Albert Lea City Manager Jim Norman and reversed a gross misdemeanor charge." Opinion Text: State v. Norman
Minn.: Online eFile and eServe training for attorneys available starting Oct. 1
Minnesota Judicial Branch: "Any attorney licensed in Minnesota and staff who will be eFiling and eServing court documents at any time in the future in Minnesota district courts may wish to register now for live online training sessions to be offered twice weekly starting Oct. 1, 2012."
Nonresident inmates not increasing much in S.D. prison system
Aberdeen American News: " Depending on the day, about 11 percent of the inmates in the state's prison system this summer were from places other than South Dakota."
Joint Procedure Committee Sept. 27 agenda
The agenda for the Sept. 27 meeting of the Joint Procedure Committee, and the committee's April 26-27 minutes, have been posted.
September 18, 2012
ND man sentenced in pivotal domestic violence case
G.F. Herald/AP: "A North Dakota man whose case has been cited by the federal government as the legal standard for prosecuting domestic violence cases on American Indian reservations was sentenced Monday to more than five years in prison." Opinion Text: United States v. Cavanaugh
Minn. chief justice speaks in Albert Lea
Albert Lea Tribune: "If people want protection from the courts, they must become vocal supporters of the courts, said Minnesota Supreme Court Chief Justice Lorie Gildea. 'Justice is not an option in Minnesota. It is an obligation. It is a first principle,' Gildea said."
Minn.: Appeals court upholds conviction in 1997 gang murder
St. Paul Pioneer Press/AP: "The Minnesota Court of Appeals on Monday affirmed the conviction and 44-year sentence of a man found guilty of ordering the brutal 1997 kidnapping and murder of an Iowa teen who owed money for drugs." Opinion Text: State v. Castillo-Alvarez
Political endorsement OK for Montana judge candidates
Trial Insider: "A federal appeals court declared an end to Montana's 68-year history of nonpartisan judicial elections and clears the way for party endorsement of judges." Opinion Text: Sanders County Republican Committee v. Bullock
U.S.: In prosecutors, debt collectors find a partner
New York Times: "The letters are sent by the thousands to people across the country who have written bad checks, threatening them with jail if they do not pay up. They bear the seal and signature of the local district attorney's office."
New Disciplinary Order Sept. 18
The Supreme Court posted a new disciplinary order on Sept. 18.
Justice Kapsner honored for work in support of Guard
Brig. Gen. Alan Dohrmann, deputy adjutant general of the North Dakota National Guard, honored Justice Carol Kapsner Sept. 18 for her work in support of the Guard's Women's Equality Day.
Judicial Conference Executive Committee Sept. 26 agenda
The agenda for the Sept. 26 meeting of the Judicial Conference Executive Committee, and the committee's June 14 minutes, have been posted.
Job Announcement
A job announcement for an Indigent Defense Contractor with the Commission on Legal Counsel for Indigents in Dickinson has been posted.
September 17, 2012
Harris Kenner 1927-2012
Minot attorney Harris Kenner, 85, died Sunday. He was a 1952 University of North Dakota School of Law graduate. The funeral is 11 a.m. Friday, Sept. 21, at First Lutheran Church in Minot. Harris Kenner Attorney Record Obituary
BSC Constitution Day activities honor Floyd Boutrous
BSC News Release: "Bismarck-Mandan has a long history of celebrating Constitution Day, and on Monday, Sept. 17, Bismarck State College will honor the man who, for many years, championed the local observance." Prairie Public Radio: Floyd Boutrous, Mr. Constitution Bismarck Tribune: 'Mr. Constitution' Floyd Boutrous dies at 93
N.D. Attorney General Opinion: Sept. 17
North Dakota Attorney General Wayne Stenehjem has issued an opinion that the State Treasurer is distributing federal funds received from the mineral leases of flood control lands in North Dakota in accordance with both state and federal law.
Minn.: Three candidates named for Clay court vacancy
Fargo Forum: "The Minnesota Commission on Judicial Selection has announced three candidates for a vacancy in the Seventh Judicial District that was created when District Court Judge Michael Kirk was named to the Minnesota Court of Appeals."
Minn.: State leaders call for action on drugs
Minneapolis Star Tribune: "Alarmed at the rising use of prescription opiates and the purity of heroin available in Minnesota, an array of state commissioners, prosecutors, doctors and judges called Thursday for a statewide drug-abuse strategy that centers on early education and intervention.
Montana Supreme Court vacates order for psychological exam in hit-and-run lawsuit
Missoulian/AP: " The Montana Supreme Court has vacated a lower court order requiring a psychological exam for a woman seeking insurance benefits for a back injury and other injuries she suffered after being struck by a hit-and-run driver in Chicago in 2003." Montana Supreme Court Cases
Wyo.: Judge looks forward to challenge of high court
Billings Gazette/AP: "After 32 years in the criminal justice field, Laramie County District Judge Michael Davis is moving to the state's highest court. He was appointed in August to serve as a Wyoming Supreme Court justice by Gov. Matt Mead."
U.S.: Thomas concedes that 'we the people' didn't include blacks
Washington Post: "It is true, Justice Clarence Thomas acknowledged the other night, that the 'we the people' extolled in the Constitution 225 years ago did not include people who looked like him. But the Declaration of Independence did, he contended, and that was something that a black kid growing up in Savannah, Ga., was told early on."
Supreme Court names clerks for 2013-2014 term
The Supreme Court is pleased to announce that five individuals have been selected to serve a one-year clerkship with the North Dakota Supreme Court for the 2013-2014 term. They are: Margaret Eyre, Christopher LeCates, Aaron Nicholson, Amy Schutt and Paul Stibbe.
68 attorneys admitted to North Dakota bar
As Justice Mary Maring administered the oath, 68 lawyers were admitted to the North Dakota Bar, Monday, September 17, 2012. Speakers included State Board of Law Examiners member Alice Senechal, Lt. Gov. Drew Wrigley, Attorney General Wayne Stenehjem, U.N.D. Law School Assistant Dean Bradley Parrish, and State Bar Association president Judge Gail Hagerty. Admission Ceremony Photos
September 14, 2012
UND law students seek justice in Malpractice Bowl
G.F. Herald: "Ever since classes started at UND, the law school team has been practicing three times a week for the annual Malpractice Bowl. And at 4 p.m. today in Memorial Stadium, the women's and men's teams will go head to head or toe to toe with the teams from the UND School of Medicine and Health Sciences."
ND defense lawyers want to raise threshold for felony theft charge
AP: "A group of North Dakota defense attorneys believe that stealing $500 shouldn't mean a felony charge."
Washington: Man pleads guilty to bigamy in Facebook case
AP: "A Washington man whose wife discovered through Facebook that he had married a second woman has pleaded guilty to attempted bigamy."
US: Another loss for former students who accuse law schools of fraud
National Law Journal: "The fraud class actions targeting law schools around the country haven't received much love from the bench."
September 13, 2012
Witt receives peace officer award
Bismarck Tribune: "Former Bismarck Police Chief Keith Witt told four new officers with his former department that they, like him, chose the right place for a law enforcement career."
Thomas: Americans still arguing over gov't limits
Associated Press: "Supreme Court Justice Clarence Thomas says the same arguments the Founding Fathers fought over during the creation of the United States are still raging today."
Minn.: Supreme Court rejects 'heat-of-passion' appeal
Minneapolis Star Tribune: "The Minnesota Supreme Court upheld the murder conviction of a man who shot his father-in-law, rejecting a claim that the jury should have been given the option to convict him of 'heat-of-passion' manslaughter." Opinion Text: State v. Radke
South Dakota high court upholds bail denial in Sturgis rally assault case
Rapid City Journal/AP: "The South Dakota Supreme Court says a Hells Angels Motorcycle Club member will not remain free on bail while he appeals his assault conviction from a fight at last year's Sturgis Motorcycle Rally." Opinion Text: State v. Caruso
September 12, 2012
Joint Committee on Attorney Standards Sept. 14 agenda
The agenda for the Sept. 14 meeting of the Joint Committee on Attorney Standards, and the committee's June 13 meeting minutes, have been posted.
Mont.: High court reverses injunction on pot law
Helena Independent Record: "There is no fundamental right for patients to use any drug, particularly one like medical marijuana that's illegal under federal law, the Montana Supreme Court ruled Tuesday, in reversing a lower court decision." Montana Supreme Court Cases
S.D.: Lawyer challenges death reporting law
Rapid City Journal/AP: "A defense lawyer for a South Dakota woman charged under the state's new child death reporting law says it's unconstitutional because it violates his client's right against self-incrimination."
Minn.: Veteran Justice Corps Program to begin in Stevens and Pope counties
Alexandria Echo Press: "Stevens County Commissioner Paul Watzke and Pope County Commissioner Gordon Wagner have announced the receipt of a grant to establish a veteran advocate program to work with military veterans in court proceedings."
Judge: US civil trials at risk without budget deal
Associated Press: "Federal civil jury trials in the United States probably would grind to a halt if Congress fails to reach a budget deal and $600 billion in automatic spending cuts kick in next year, a leading federal judge said Tuesday." Judicial Conference News Release
Prison seminary program expands in California
Williston Herald/AP: "Robert Ross' mother died while he was in prison for robbing a bank and he hasn't seen his 12-year-old son since the boy was in diapers."
Bismarck Inn of Court to meet Sept. 20, seeks new members
The Bruce M. Van Sickle American Inn of Court will hold its first meeting of the 2012-2013 year on Sept. 20 at the Bismarck Municipal Country Club with a social at 5:30 p.m. and dinner at 6 p.m. The Inn is open to all area lawyers and judges, and membership applications are now being accepted. Membership Application
Grand Forks Inn of Court holds first meeting of new year
The Randy H. Lee Inn of Court held its first meeting of the new year on Sept. 11 at the Grand Forks Country Club. This year the focus of the Inn will be on development of a mentoring program. The Inn welcomes new members; its next meeting is Oct. 9. Contact for more information
September 11, 2012
ND chief justice: Judicial report 'useful tool'
Williston Herald/AP: "A new report detailing the stress North Dakota's oil boom is putting on the legal system is a 'useful tool' to approach the Legislature for help, Chief Justice Gerald VandeWalle said." SBAND Task Force Report
NWJD welcomes new law clerk Brand
The Northwest Judicial District of North Dakota is pleased to welcome their new law clerk, Scott Patrick Brand, to the district. His two year clerkship began on August 15, 2012.
Minnesota woman loses music downloading appeal
G.F. Herald/AP: "A federal appeals court has reversed a lower court by finding a Minnesota woman who shared songs online owes record companies $222,000 for copyright violations." Opinion Text: Capitol Records v. Thomas-Rasset
Minn. court: Police can keep cars of repeat drunk drivers
Minnesota Public Radio: "The Minnesota Court of Appeals ruled [Sept. 10] that if you drive drunk, the authorities can seize your car and keep it. The court ruled in the case of Matthew Nielsen, who was stopped by Minneapolis police in April 2011." Opinion Text: Nielsen v. 2003 Honda Accord
Job Announcement
A job announcement for a Juvenile Drug Court Coordinator in Grand Forks has been posted.
September 10, 2012
Passing Down Digital Assets
WSJ: "What will happen to your Facebook account after you are gone? Dealing with digital assets after someone dies is becoming a challenge for families and the legal system alike."
New ND oil patch jail paid for but full
G.F. Herald/AP: "Williston's multimillion dollar jail and law enforcement center completed less than five years ago was designed to handle prisoner growth for five decades and take taxpayers a quarter-century to retire the bond."
Report: More lawyers, judges needed in western ND
Bismarck Tribune/AP: "A North Dakota Bar Association report says more judges, lawyers and court personnel are needed to cope with western North Dakota's oil boom." SBAND Task Force Report
UND Indian students end lawsuit effort
Jamestown Sun: "Six American Indian students at the University of North Dakota who sued the university and several state officials over use of the Fighting Sioux nickname and logo have decided not to appeal a U.S. District Court judge's dismissal of the lawsuit."
Judge says Montana must change execution method
Great Falls Tribune/AP: "A judge says Montana must change the way it executes prisoners after ruling that the current method is unconstitutional, giving a victory to death penalty foes that could be short-lived."
Supreme Court's Kagan gives U-M students a look behind the curtain
Detroit News: "The Supreme Court's newest justice said Friday she isn't fazed by the political controversy and protests surrounding high-profile cases such as this summer's decision on the Affordable Care Act. In fact, Elena Kagan says, it doesn't affect any of her colleagues in their decisions."
In Facebook court cases, high tech and free speech collide
McClatchy Newspapers: "'Like' the First Amendment? Then prepare for a fight, as courts and employers figure out whether a simple click on Facebook deserves free-speech protection."
September 7, 2012
Hoeven awards 2012 drug court scholarship to Tate Rivera
Senator John Hoeven, along with Hon. Steve McCullough and the East Central Judicial District Juvenile Drug Court team members, awarded Tate Rivera the 2012 North Dakota Association of Drug Court Professionals scholarship in recognition of his successful graduation from the Fargo Juvenile Drug Court. WDAY News: Young man is awarded a college scholarship in drug court
SBAND posts Justice System Energy Impact Task Force report
The State Bar Association of North Dakota has posted the report of the Justice System Energy Impact Task Force, which gathered and analyzed information on the effect of energy development on the state's justice system.
US attorneys meet with tribal officials
G.F. Herald/AP: "Criminal prosecutions have soared on American Indian reservations in the Dakotas in the past year, though tribal officials told federal prosecutors Thursday that more needs to be done to quell crime." Bismarck Tribune: U.S. attorneys, law enforcement explain successful reservation efforts
U.S.: Judge sides with Guantanamo detainees
McClatchy Newspapers: "Using strong words, a federal judge has rejected the Obama administration's efforts to change the rules under which Guantanamo Bay detainees are represented by lawyers." Opinion Text: Guantanamo Bay Detainee Continued Access to Counsel
Minn.: St. Paul is paying $140,800 to evaluate, revamp crime lab
Minneapolis Star Tribune: "St. Paul is paying outside agencies about $140,000 to evaluate, revamp and train the police crime lab's drug chemistry, latent print and crime scene units in the wake of courtroom testimony that has cast doubt on the lab's credibility." MPR: Crime lab problems could go beyond drug cases
Minn.: West let off the hook on Web malpractice claim
Courthouse News Service: "A law firm cannot sue Thomson West for professional negligence because state law does not recognize such claims against computer consultants, a federal judge ruled."
Evening with the Supreme Court is Oct. 9 at Willmar, Minn., Conference Center
West Central Tribune: "The Minnesota Supreme Court and the Willmar Lakes Area Chamber of Commerce are partnering to host an informal evening Oct. 9 with the Minnesota Supreme Court at the Willmar Conference Center."
Free Oct. 5 probate CLE to offer second session
The registration opportunity has been expanded for a free Continuing Legal Education program in Bismarck dealing with special probate procedures. Within hours of announcing availability of the program, registration had almost filled.
September 6, 2012
Free probate CLE set for Oct. 5 in Bismarck
Registration is open for a free Continuing Legal Education program dealing with basics of North Dakota probate law. Judge David Nelson, Williston, will make a presentation on probate procedures at 1:30 p.m. on Friday, October 5, at the Burleigh County Courthouse.
Attorneys general to meet with tribal officials
Williston Herald/AP: "Fifteen attorneys general who make up the Department of Justice's Native American Issues Subcommittee are slated to meet in Bismarck on Thursday to discuss public safety issues in Indian Country."
U.S.: Justice engages UNLV law students in feisty debate over constitutional law
Las Vegas Sun: "When United States Supreme Court Justice Antonin Scalia opened the floor for questions Wednesday morning after a lecture at UNLV's Boyd School of Law, law student Cathy Kama was prepared."
SD court upholds dismissal of school abuse lawsuit
Rapid City Journal/AP: "The South Dakota Supreme Court ruled Thursday that nearly 20 former students who allege they were sexually abused decades ago at an American Indian boarding school cannot continue their lawsuits against the Catholic Diocese of Sioux Falls and the religious organizations that ran the school." Opinion Text: Bernie v. Blue Cloud Abbey Opinion Text: Bernie v. Catholic Diocese of Sioux Falls
Mont.: Remington liability case documents opened up to public
KPAX News: "A federal district court ruled Tuesday that the public should have access to sealed court documents in a product liability case involving one of the largest rifle manufacturers in the world."
Judge upholds Arizona 'show-your-papers' measure in mixed ruling
Reuters: "A U.S. judge ruled on Wednesday that a controversial Arizona 'show-your-papers' immigration provision that has been upheld by the Supreme Court may go into effect, but in a split ruling blocked another measure making it a crime to harbor illegal immigrants." Associated Press: Police in legal minefield on Ariz. immigration law
September 5, 2012
Federal prosecutors make offer to Spirit Lake Tribe prosecutor
G.F. Herald: "Federal prosecutors have offered to make the Spirit Lake Tribe's prosecutor a special U.S. attorney and to help the tribe develop a strategic plan to protect children from violence."
Appeals court rejects MN corporate disclosure law
Worthington Daily Globe/AP: "A federal appeals court says a Minnesota law requiring disclosure of independent corporate political donations and spending is likely unconstitutional." Opinion Text: MN Citizens Concerned for Life v. Swanson
Minn.: Computer ignorance in child porn case is no excuse
Minnesota Public Radio: "A case from the Minnesota Court of Appeals [Sept. 4] shows how technology is challenging the definitions of particular crimes.The case involves a Plymouth man, who used a file sharing program --LimeWire -- to download hundreds of pornographic movies." Opinion Text: State v. McCauley
Hennepin County judge was suspended, but that's not a get-out-of-jail card for man
St. Paul Pioneer Press: "She was the judge who was but technically wasn't, but the Minnesota Court of Appeals said that, in the end, she was. Or is, for now." Opinion Text: State v. Irby
U.S.: Supreme Court mulls affirmative action, class actions In fall docket
Forbes: "From a lawsuit over Nike's trademarked stitching pattern to the future of affirmative action, the U.S. Supreme Court fall docket is stuffed with cases that will affect businesses."
September 4, 2012
Courthouse work
Jamestown Sun: "The State Historical Society of North Dakota is moving ahead with fixes to the historic Stutsman County Courthouse following an inspection that identified moisture as the building's primary problem."
U.S.: New case at high court aims to blunt class actions
Associated Press: "The Supreme Court will consider an insurance company's plea to move a class-action lawsuit from state court to a more business-friendly federal court."
Minn.: White Earth teaming up with federal prosecutors
Minneapolis Star Tribune: "Murderers, rapists, child abusers and other violent criminals on many of the nation's Indian reservations will soon be facing a more powerful courtroom opponent -- the federal government. Offenders on the White Earth Reservation in northern Minnesota are poised to be first in line."
Bill Gates sends ex-con to law school after Supreme Court win
Bloomberg News: "Shon Hopwood robbed five banks, went to jail, learned law, wrote a petition that made it to the Supreme Court, served his time, got out, got married, had kids and is now in law school at the University of Washington on a scholarship from the Bill and Melinda Gates Foundation."
Ill.: Appeals court revives teacher's free-speech lawsuit
Education Week: "A federal appeals court has revived the First Amendment retaliation lawsuit of an Illinois teacher who contends he was fired after raising public concerns about an alleged student threat against him." Opinion Text: Gschwind v. Heiden
Miss. court: No divorce share of military benefit
Stars and Stripes: "The Mississippi Supreme Court has ruled any military retirement pay that a veteran converts into disability benefits is exempt from alimony." Opinion Text: Mallard v. Burkart
Joint Procedure Committee April 26-27 minutes
The minutes of the April 26-27, 2012, meeting of the Joint Procedure Committee have been posted.
Job Announcement
A job announcement for a Deputy Clerk of District Court I in Grand Forks has been posted.
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