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Thursday, August 27, 2015
Tomorrow at the Court
9:30am Personnel Policy Board - Bismarck
10:00 am Court Services Administration Committee - Bismarck
Judgeship retained at Bottineau
The Supreme Court has retained at Bottineau the judgeship being vacated by the retirement of Judge Michael Sturdevant. The position will be filled by appointment.
Trial court tip
To avoid e-filing errors due to your payment account, make sure to update your credit card information (expiration date, address, etc.) under payment accounts located within the Firm Admin or My Account section of File & Serve.
New Opinions: Aug. 25
The Supreme Court posted 16 new opinions on Aug. 25.
8th Circuit decides N.D. case
U.S. Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit has affirmed a conviction and sentence in a North Dakota child abuse case.
  • United States v. Thunderhawk
  • U.S.: From the bench, a new look at punishment
    New York Times: "Jessica Otero's request to the judge, made in neat handwriting, was simple: She wanted a second chance. Ten years after being convicted of driving an illegal immigrant across the border, her felony record meant she could not get work in the medical field. 'I have learned from my past mistakes and am headed down a positive path,' Ms. Otero wrote."
    MN Supreme Court upholds photo ID requirement in state's courts
    Minnesota Great Seal MPR News: "If spectators are required to show a photo ID to attend a trial in Minnesota courts, does it violate a defendant's right to a public trial? [On Aug. 26], the Minnesota Supreme Court ruled it doesn't while warning judges to be careful with the practice."
  • Opinion Text: Hennepin County v. Taylor
  • Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Bismarck has been posted.

    North Dakota
    New judges at work across state
    New ND Judges Five new district judges have been appointed in North Dakota since the beginning of July and four of them are now at work on the bench. Judge John Grinsteiner, Judge Daniel El-Dweek, Judge Kirsten Sjue and Judge John Thelen have started work and Rhonda Ehlis plans to begin work on Sept. 1.
    Appellate practice tip of the week
    If the transcript contains errors, a motion to correct the record should be made to the trial court.
  • See N.D.R.App.P. 10.(h)
  • Other appellate practice tips
  • Personnel Policy Board August 28 agenda
    The agenda for the Aug 28 meeting of the Personnel Policy Board and the board's May 29 and July 2 minutes have been posted.
    Court Services Administration Committee Aug. 28 agenda
    The agenda for the Aug. 28 meeting of the Court Services Administration Committee and the committee's Aug. 14 minutes have been posted.
    September Term of Court
    Norrh Dakota Supreme Court
    The September term of court (which will actually start Aug. 31) has been posted, including issues and briefs.
  • August cases
  • September cases
  • Pattern Jury Instruction Commission June 17 minutes
    The minutes of the June 17 meeting of the Pattern Jury Instruction Commission have been posted.
    Upper Midwest Drug Court Professionals Conference set for Sept. 30-Oct. 2
    The Upper Midwest Drug Court Conference will be held September 30 - October 2 at the Cambria Conference Center in West Fargo. The conference provides an opportunity for drug court professionals to gather together for networking, training, and team building.
  • Conference Brochure
  • Revised Child Support Guidelines
    Child support guidelines logo Revised Child Support Guidelines are effective Sept. 1. Here are the revised guidelines as adopted, and the revised guidelines in "legislative format" showing additions and deletions:
  • Revised Child Support Guidelines as adopted
  • Revised Child Support Guidelines in legislative format
  • Child Support website
  • ND governor decides not to seek re-election
    Gov. Jack Dalrymple KXMB-TV: "North Dakota Governor, Jack Dalrymple, announced this morning he will not run for governor in 2016. Dalrymple says he and his wife plan to spend more time with family, including their five grandchildren."
    New LSS program aims to help minority kids in juvenile court
    Fargo Forum: "A Cass County judge is ordering juvenile court officials to share minority kids' court records with workers at Lutheran Social Services in a move that aims to get more minority children to show up for court dates and meet other legal requirements."

    Federal
    U.S.: Pilot program aims to close trust gap between government, tribes
    U.S. Dept. of Justice seal MPR News: "The Justice Department is trying to make it easier for Native American tribes to gain access to national crime databases. Federal authorities say the program could prevent criminals from buying guns and help keep battered women and foster children safe."
    Federal ban on sports betting upheld by appeals panel
    ABC Fox Montana News/AP: "The federal ban on sports betting in all but four states was upheld Tuesday, dealing a blow to New Jersey's latest effort to expand gambling options to help its struggling casinos and racetracks. But the 2-1 ruling by a panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia left the door open for New Jersey to further appeal the matter to the full court."
  • Opinion Text: NCAA v. Governor of New Jersey

  • Minnesota
    U.S.: Appeals court revisits misuse of Minnesota driver's license database
    Duluth News Tribune: "A federal appeals court revived three lawsuits filed by Minnesotans whose private driver's license data was accessed hundreds of times by law-enforcement agencies. The volume and pattern of some data checks was unusual and likely impermissible, the 8th U.S. Circuit Court of Appeals said last week in overturning the dismissal of some federal lawsuits."
  • Opinion Text: McDonough v. Anoka County
  • Convictions upheld for Minnesota women in Somali terror case
    U.S. Court of Appeals for the Eighth Circuit MPR News/AP: "A federal appeals court upheld the convictions and sentences Tuesday for two Minnesota women found guilty of conspiring to funnel money to a terror group in Somalia despite claiming they were collecting funds for the poor."
  • Opinion Text: United States v. Ali
  • Minn.: Drug court housing project begins anew
    St. Peter Herald: "Nicollet County officials continue efforts to develop a housing project designed for drug court participants and families, with renewed hopes of a spring 2016 financing package for state consideration."

    South Dakota
    South Dakota: Battle over large egg-laying operation going before judge
    Aberdeen News: "A dispute over a large egg-laying operation planned near Parker in southeastern South Dakota goes before a judge in Turner County this week."

    Montana

    Other States and Jurisdictions
    National: What students post online can get them suspended
    Bloomberg View: "When I was a student in a private religious school, I looked with envy on the First Amendment rights of public school children, who couldn't, I imagined, be disciplined for what they said off campus. Now a divided U.S. Court of Appeals for the 5th Circuit has held that I was wrong."
  • Bell v. Itawamba County School Board opinion

  • Job Announcements
    Job Announcement
    A job announcement for a Temporary Staff Attorney for the North Dakota Court System in Bismarck has been posted.
    Job Announcement
    A job announcement for a Law Clerk with the U.S. District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a University Ombuds with the University of North Dakota in Grand Forks has been posted.
    Job Announcement
    A job announcement for an Electronic Court Recorder with the District Court in Dickinson has been posted.
    Job Announcement
    A job announcement for an Attorney III (Supervising Public Defender) for the Public Defender Office in Williston has been posted.
    Job Announcement
    A job announcement for an Administrative Assistant II for the Public Defender Office in Dickinson 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 Clerk of District Court I with the District Court in Watford City has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Williston has been posted.
    Job Announcement
    A job announcement for a Judicial Referee with the District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Calendar Control Clerk with the District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney II for Burleigh County in Bismarck has been posted.
    Job Announcement
    A job announcement for an Appellate Contractor with the Commission on Legal Counsel for Indigents has been posted.
    Job Announcement
    A job announcement for a Temporary Hearing Officer (Attorney I) with the N.D. Department of Transportation in western North Dakota has been reposted.

    Supreme Court - Judicial Wing, First Floor - State Capitol - Bismarck, ND 58505-0530
    701-328-2221 - Fax 701-328-4480 - TTY 800-366-6888 - http://www.ndcourts.gov/
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