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Wednesday, February 10, 2016
Tomorrow at the Court
10:45am State v. Costa
1:30pm Degnan v. Degnan
2:45pm Matter of K.J.C.
Waived Interest of G.L.D.
Court adopts amendments to rule on designation of judgeships
The Supreme Court has adopted amendments to N.D. Sup. Ct. Admin. R. 7 on the designation of judgeships and chambers to reflect the addition of new judgeships and the appointment of new judges across the state.
U.S.: Supreme Court blocks Obama's carbon emissions plan
United States Supreme Court building G.F. Herald/Reuters: "The U.S. Supreme Court on Tuesday delivered a major blow to President Barack Obama by blocking federal regulations to curb carbon dioxide emissions from power plants, the centerpiece of his administration's strategy to combat climate changes."
U.S.: American Bar Association wants cameras inside Supreme Court
Wall Street Journal: "A new voice has joined the ranks of those pushing the Supreme Court to allow cameras into its courtroom: the American legal establishment. A new resolution adopted by the American Bar Association urges the nation's highest court to 'record and make available video recordings of its oral arguments.'"

North Dakota
Court system, McKenzie County work together to improve court security
Carolyn Probst, the court administrator for Unit 4, along with Northwest Judicial District Judges Robin Schmidt and Daniel El Dweek, recently led the newly constituted McKenzie County Security Committee through a discussion and review of the draft Courthouse Security Handbook.
February Term of Court
North Dakota Supreme Court
The February term of court has been posted, including issues and briefs.
New Opinion: Jan. 26
The Supreme Court posted a new opinion on Jan. 26.
Appellate practice tip of the week
Do not ignore correspondence from the Supreme Court Clerk's Office requesting case information or directing specific action.
  • Other appellate practice tips
  • Pattern Jury Instruction Commission Oct. 1-2 minutes
    The minutes for the Oct. 1-2 meeting of the Pattern Jury Instruction Commission and the commission's October 2015 drafts have been posted.
  • Oct. 1-2 Minutes
  • October 2015 Drafts
  • Court adopts amendments to lawyer conduct rules
    The Supreme Court has adopted changes to the N.D. Rules of Professional Conduct. The amendments reflect principles set out in the ABA's Ethics 20/20 Report, which focused on the impact of globalization and technological change on legal practice. The amendments take effect March 1, 2016.
    Court adopts order on review of guardianships
    The Supreme Court has adopted Administrative Order 22, which establishes a process for the regular review of guardianships. The order takes effect March 1.
    Family law mediator applications now being accepted in SEJD
    Applications are now being accepted for mediators to mediate for the Family Mediation Program in the Southeast Judicial District. The deadline for application is Feb. 10.
    Family law mediator applications now being accepted in NEJD
    Applications are now being accepted for mediators to mediate for the Family Mediation Program in the Northeast Judicial District. The deadline for application is Feb. 17.
    Man camp unit finds new life housing inmates at N.D. transitional facility
    Bismarck Tribune: "A 185-foot-long housing unit that once provided temporary space for workers in North Dakota's oil patch is getting a fresh start as living quarters for minimum-security inmates at a transitional facility south of Bismarck. Inmates on work release were scheduled to start moving into the modular unit this week at the Missouri River Correctional Center."

    Federal
    Registration open for 8th Circuit judicial conference
    U.S. Court of Appeals for the Eighth Circuit The 8th Circuit judicial conference will be held May 3-5 in Rogers, Ark. The conference is open to all judges and members of the bar and will present a CLE program featuring speakers and panelists examining a broad range of civil, criminal, and bankruptcy topics.

    Minnesota
    Decades of new laws caused Minnesota's prison population spike
    Minneapolis Star Tribune: "Getting tough on crime at the Legislature has come at great cost to Minnesota's corrections system. Over the past 25 years, the state's incarceration rate has soared by 150 percent, and Minnesota's prisons are bloated beyond capacity and burdened by runaway costs."
    Minn.: Court of appeals affirms a Rochester rape conviction
    Minnesota Great Seal KIMT News: "The Minnesota Court of Appeals says an Olmsted County rape conviction will stand. 47-year-old Reynaldo Morales of St. Cloud was found guilty in September, 2014 of 1st degree criminal sexual conduct. He was sentenced to 20 years in prison, followed by a lifetime of conditional release and ordered to register as a predatory offender."
  • Opinion Text: State v. Morales

  • South Dakota
    S.D.: Aurora Co. not accountable for fatal crash, Supreme Court says
    South Dakota Great Seal Mitchell Daily Republic: "Aurora County was not responsible for repairing a sign that was blamed for a crash leading to a Mount Vernon man's death in 2010, the South Dakota Supreme Court has ruled. On Sept. 30, 2010, Travis Naser, 45, died in a one-vehicle crash at the dead-end intersection of 268th Street in Aurora County and 392nd Avenue in Douglas County."
  • Opinion Text: Foster-Naser v. Aurora County

  • Montana
    Montana's longtime U.S. Bankruptcy Court judge is retiring
    Franklin Daily Journal/AP: "Montana's longtime U.S. Bankruptcy Court Judge Ralph Kirscher is retiring. It was announced this weekend that Kirscher will retire effective Jan. 31, 2017. The 64-year-old Kirscher has been Montana's only full-time bankruptcy judge for the last 16 years."

    Other States and Jurisdictions
    Burke: Technology advancing in Wyoming's courts, more sought
    Chief Justice James Burke Bristol Herald Courier/AP: "Wyoming Chief Justice James Burke says technological improvements continue in the state's courts but still have a ways to go under budget constraints. Burke gave his annual state of the judiciary address to Wyoming lawmakers on Monday's opening day of the legislative session."

    Job Announcements
    Job Announcement
    A job announcement for a Contract Attorney with the Commission on Legal Counsel for Indigents primarily in Stutsman County has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney II (with underfill) for Burleigh County in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant Tribal Public Defender with the Standing Rock Sioux Tribe in Fort Yates has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Grand Forks has been posted.
    Job Announcement
    A job announcement for a Deputy Director for the North Dakota League of Cities in Bismarck has been posted.
    Job Announcement
    A job announcement for a Temporary Hearing Officer (Attorney I) with the N.D. Department of Transportation in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant Attorney General with the AG's Natural Resources & Indian Affairs Division in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Ward County in Minot has been posted.

    Supreme Court - Judicial Wing, First Floor - State Capitol - Bismarck, ND 58505-0530
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