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Saturday, February 28, 2015
Monday at the Court
10:45am Interest of Johnson
1:30pm City of Williston v. Werkmeister
2:45pm State v. Taylor
Waived Otto v. State

10:00am Guardianship Standards Workgroup - Bismarck
4:15pm Judicial Conference Legislative Committee - Bismarck
The Third Branch: This Week on the Hill
North Dakota Capitol For March 2-5, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted.
  • 64th Legislative Assembly
  • Amendments to court rules take effect March 1
    Amendments to the Rules of Civil Procedure, Criminal Procedure, Court, and the Administrative Rules will take effect March 1, 2015. Here is a review of the rule changes.
  • Amendments to North Dakota Rules as Adopted
  • N.D. Attorney General opinion: Feb. 26
    N.D. Attorney General Wayne Stenehjem Attorney General Wayne Stenehjem has issued an opinion that the Lindahl Township Board of Supervisors violated the law when it held a regular meeting without posting any notice for the meeting.
    U.S. Supreme Court March 2 arguments
    United States Supreme Court building Monday, the United States Supreme Court will hear arguments in a case on whether Arizona's use of a commission to adopt congressional districts permissible under the Constitution and a case on whether teachers who are obligated to report suspected child abuse are agents of law enforcement.
  • Arizona State Legislature v. Arizona Independent Redistricting Commission
  • Ohio v. Clark
  • U.S. Supreme Court case from Cleveland could set child abuse reporting precedent
    Cleveland.com: "Whip marks that a preschool teacher spotted on a 3-year-old's face in 2010 triggered a criminal case in Cuyahoga County that has made its way to the U.S. Supreme Court -- litigation that could set precedents for how prosecutors can use child-abuse reports filed by teachers."
    U.S.: Supreme Court justice discusses 'real' Constitution
    Justice Antonin Scalia Fort Smith Times Record: "Addressing a crowd of more than 2,500 in Fort Smith Thursday, U.S. Supreme Court Justice Antonin Scalia attempted to explain his commitment to the 'real Constitution.' 'The Constitution means what it meant when our forefathers adopted it,' he said. 'Of all the things ever written, why should it morph? I don't know how to not take it literally. It means what it means.'"
    Got a robe? Minnesota Supreme Court applicants sought
    St. Paul Pioneer Press: "Applications are being accepted to fill a vacancy on the Minnesota Supreme Court bench due to the impending retirement of Justice Alan Page, according to an announcement Friday from Gov. Mark Dayton."
  • Gov. Dayton News Release
  • Heir can sue herself for causing accident that killed her husband, Utah appeals court says
    ABA Journal: "A woman who allegedly caused a car accident that killed her husband can sue herself in her capacity as heir and representative of the estate, a Utah appeals court has ruled. The plain language of the state's wrongful death and survival action statutes allows Barbara Bagley to sue, the Utah Court of Appeals ruled."
  • Opinion Text: Bagley v. Bagley
  • Job Announcement
    A job announcement for a temporary attorney (public defender) with the Commission on Legal Counsel for Indigents in Williston has been posted.

    North Dakota
    New Opinion: Feb. 25
    The Supreme Court posted a new opinion on Feb. 25.
    February bar examination begins
    Forty-four applicants began sitting for the North Dakota bar exam on Tuesday, Feb. 24. The number of applicants is slightly higher than February 2014, and higher than the six-year average of 38. Of the 44 applicants, less than 7 percent have out of state addresses, and three are already licensed to practice law in another jurisdiction.
    Helen Hamilton Day CLE to be held March 3
    Helen Hamilton Each year, The University of North Dakota Law Women's Caucus hosts Helen Hamilton Day in honor of the first female graduate from UND's School of Law. This year's event is on Tuesday, March 3. The event has been approved for 3 CLE credits in both North Dakota and Minnesota. The event is free and no registration is needed.
  • Helen Hamilton Day Brochure
  • Pattern Jury Instruction Commission March 5-6 agenda
    The agenda for the March 5-6 meeting of the Pattern Jury Instruction Commission and the commission's Oct. 2-3, 2014, minutes have been posted.
    Appellate practice tip of the week
    Don't evade.
  • Other appellate practice tips
  • March Term of Court
    North Dakota Supreme Court
    The March term of court has been posted, including issues and briefs.
    Not Licensed to Practice Law
    The State Board of Law Examiners reports that a license to practice law for calendar year 2015 has not been issued to a number of attorneys who were licensed for calendar year 2014. The online list is being updated hourly.
    Court seeks comment on proposed amendments to juvenile rules and policies
    The Supreme Court is seeking comment on proposed amendments to the Rules of Juvenile Procedure, Rule of Evidence 1101, and the Judicial System Policies. Comments are due March 31.
    Family law mediator applications now being accepted
    Applications are now being accepted for mediators to mediate for the Family Mediation Program in the Northeast Central, South Central, and the North Central Judicial Districts. In order to be considered, applicants must meet the criteria set forth in Rule 8.9; or have a minimum of 40 hours of mediation training and 4 years of experience in family mediation.
  • N.D.R.Ct. 8.9: Rostort of Alternative Dispute Resolution Neutrals
  • Registration open for Adult Guardianship Symposium
    Registration is now open for the Adult Guardianship/Elder Justice Symposium March 11-12 at the Ramkota Hotel in Bismarck. The free symposium is sponsored by the N.D. Court System. It is open to judges, attorneys, guardians, financial advisors, legislators, health care professionals, social workers, law enforcement, and any others who work with the elderly.
    Ward County residents approve bigger jail expansion
    Bismarck Tribune: "Ward County residents have overwhelmingly approved doubling the size of a jail expansion project to almost $80 million. Nearly 82 percent of the 3,808 voters in Tuesday's election favored borrowing an additional $37 million to expand the jail and renovate the courthouse. The money to pay off the bonds will come not from property taxes but from an extension of an existing sales tax."

    Federal
    U.S. Supreme Court opinions: Feb. 25
    United States Supreme Court building The United States Supreme Court has issued opinions in a case involving a fisherman who threw back an undersized fish and a case on whether teeth whitening can be regulated as part of "the practice of dentistry."
  • Yates v. United States
  • North Carolina State Bd. of Dental Examiners v. FTC
  • U.S. Supreme Court decides water dispute
    Lincoln Journal Star: "Nebraska officials cheered a U.S. Supreme Court decision Tuesday that closes the book on a longstanding legal dispute with Kansas over water from the Republican River. The high court upheld the recommendations from a judge, referred to as a special master, who found Nebraska should pay Kansas $5.5 million for using more than its share of the river's water."
    U.S.: The 25-year-olds shaping the Supreme Court docket
    CBS News: "The federal government took control of Florida resident Tony Henderson's personal gun collection more than eight years ago. On Tuesday, thanks to a group of law students, the Supreme Court will finally consider whether Henderson deserves some compensation for that property."
    U.S.: High court leans toward religious protection in hijab case
    MPR News: "At the U.S. Supreme Court, you know that it's going to be a hot argument when the usually straight-faced Justice Samuel Alito begins a question this way: 'Let's say four people show up for a job interview ... this is going to sound like a joke, but it's not.'"

    Minnesota
    Minn.: Court of appeals issues opinion on crash that killed BBE coach
    Minnesota Great Seal West Central Tribune: "The Minnesota Court of Appeals affirmed a conviction Monday of Brian L. Anderson, the driver involved in the October 2012 accident that killed BBE teacher and coach Richard C. Vos. Anderson, 52, of Belgrade, was the driver of the semi truck that struck and killed Vos."
  • Opinion Text: State v. Anderson
  • Minn.: Area lawyer appointed US magistrate judge
    U.S. District Court Bemidji Pioneer: "A Bemidji attorney has been appointed a part-time U.S. magistrate judge by the U.S. District Court, according to a press release. Jon T. Huseby took the oath of office on Wednesday inside the U.S. Courthouse in Minneapolis, the release said."
    Minnesota Supreme Court upholds deer hunting conviction
    KSTP News: "The Minnesota Supreme Court has ruled a man who had a loaded weapon while he was concealed in a deer blind was 'pursuing' deer and needed a hunting license. Roger Schmid of Avon was cited in 2011 for hunting without a license, after a Department of Natural Resources officer found him sitting on an all-terrain vehicle in a camouflage deer blind during the hunting season, armed with a loaded shotgun."
  • Opinion Text: State v. Schmid

  • South Dakota

    Montana
    Mont.: Court snuffs out ruling for smoke shacks
    Great Falls Tribune: "The Montana Supreme Court issued an opinion Tuesday reversing the Cascade County District Court's decisions that two casino smoking structures were in compliance with the Montana Clean Indoor Air Act and to award attorney fees to casino owners, Douglas and K.C. Palagi."
  • Opinion Text: MC Inc. v. Cascade City-County Board
  • Montana Supreme Court upholds restitution in kidnapping case
    Missoulian/AP: "The Montana Supreme Court has rejected a Glasgow man's arguments that he should not have to pay restitution for his kidnapping victim's mental health counseling because it is being paid for by state-assisted programs."
  • Opinion Text: State v. Jenkins

  • Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a City Prosecutor for the City of Fargo has been posted.
    Job Announcement
    A job announcement for a State's Attorney for Renville County in Mohall has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney with the Ward County State's Attorney's Office in Minot has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Valley City has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Fargo has been posted.
    Job Announcement
    A job announcement for an Electronic Court Recorder with the District Court in Williston has been posted.

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