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Wednesday, May 22, 2013
Today at the Court
Judicial Institute - Grand Forks
June Term of Court
North Dakota Supreme Court
The June term of court has been posted, including issues and briefs.
New Opinion: May 20
The Supreme Court posted a new opinion on May 20.
Third judge is on the way
Williston Herald: "It's official -- a third district judge will soon be chambered in Williston. The North Dakota Supreme Court issued a ruling last week to put the new judge in Williston due to the rapid increase in cases in Williams County."
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 the denial of a suppression motion in a North Dakota firearms case.
  • United States v. Winarske
  • Dru Sjodin case: Hearing scheduled in appeal
    Minnesota Public Radio/AP: "Federal prosecutors want the notes of mental health professionals who examined a man convicted of killing of a University of North Dakota student more than nine years ago."
    Minn.: Outgoing Justice Anderson is glad Legislature, not courts, made call on marriage
    Paul Anderson Minnesota Public Radio: "Outgoing state Supreme Court Justice Paul Anderson said Monday that he's happy the Legislature, and not the courts, decided the same-sex marriage issue in Minnesota."
    Court: Minnesota's Human Rights Act prevents firing spouse
    Minnesota Public Radio: "The Minnesota Court of Appeals [May 20] ruled a Mower County social services company violated the state's Human Rights Act, when it fired a woman because her husband joined an advisory board of another company with whom the Austin-based nonprofit competes for federal funds."
  • Opinion Text: Wapiti Meadows v. Community Technologies
  • Mont.: Pay law firm the disputed $94, plus $5K more, top state court tells couple
    ABA Journal: "Sued by a Montana law firm over an unpaid legal bill, Daniel and Valery O'Connell anted up some $3,000 to satisfy the 2010 judgment but disputed $93.99 of the total."
  • Montana Supreme Court Cases
  • S.D.: AG releases results of sobriety program
    KELO News: "Nearly 120 people have taken nearly 125,000 sobriety tests using an ignition interlock device as part of South Dakota's 24/7 Sobriety Program. Attorney General Marty Jackley released the testing results of the ignition interlock device on Monday."
  • SD Attorney General News Release
  • Interim dean takes permanent role at USD Law School
    Sioux Falls Argus Leader: "Thomas Earl Geu has been named dean of the School of Law at the University of South Dakota. Geu was appointed interim dean at the school in 2011. He came to USD in 1989 as a professor of law."
    California robbery case leads Supreme Court to reconsider police search laws
    McClatchy Newspapers: "A tattooed inmate in one of California's most remote prisons will now get his moment in the Supreme Court sun, along with a shot at clarifying the rules governing certain law enforcement searches."
    U.S.: For the word on the street, courts call up an online witness
    New York Times: "The wheels of justice move slowly sometimes, but not, apparently, as slowly as Webster's New World Dictionary. Slang has always been a challenge for the courts in cases that involve vulgar or insulting language."

    North Dakota
    Court seeks comment on proposed judicial emergency rule
    The Supreme Court is seeking comment on proposed N.D. Sup. Ct. Admin. R. 57 on judicial emergencies. Comments are due June 3.
  • Proposed N.D. Sup. Ct. Admin. R. 57
  • Announcement of Judicial Vacancies
    The Judicial Nominating Committee has received a letter from Governor Jack Dalrymple convening the Committee to screen applicants and submit a list of nominees to fill three new judicial positions. Applications must be received in the State Bar Association of North Dakota office by 5 p.m. on Thursday, May 23, 2013.
    Family law mediator applications being accepted in SCJD
    Applications are now being accepted for mediators for the Family Mediation Program in the South Central Judicial District. Interested applicants should submit credentials indicating they meet the qualification requirements to the Family Law Mediation Program Administrator by May 22, 2013.
    Parenting investigator & legal guardian ad litem training set for June 19-21
    An 18-hour Parenting Investigator & Legal Guardian ad litem Certification Training session will take place in Bismarck June 19-21. Registrations are due by June 4.
  • Parenting Investigator & Legal Guardian ad litem Certification Training Brochure

  • Federal
    U.S. Supreme Court civil opinions: May 20
    United States Supreme Court building The United States Supreme Court has issued opinions in a vaccination injury attorney fees case, a foreign tax credit case, and a cell phone tower permitting case.
  • Sebelius v. Cloer
  • PPL Corp. v. IRS
  • City of Arlington v. FCC
  • U.S.: Supreme Court will rule on prayer at government meetings
    Detroit Free Press: "The Supreme Court agreed [May 20] to consider whether prayers can be offered at government meetings -- a practice that's been common in Congress and throughout the states for more than two centuries."
    U.S. Supreme Court criminal opinion: May 20
    The United States Supreme Court has issued an opinion addressing the question of whether an accused can raise a diminished capacity defense in a retrial held after a state abolishes that defense.
  • Metrish v. Lancaster
  • U.S. District Court e-filing system to be down May 31
    The electronic filing system at the U.S. District Court will be unavailable to accept filings on Friday May 31 at 12 noon. A software upgrade will be installed at that time.

    Minnesota
    Minn. law forbids would-be employers to ask about criminal history
    Afro Briefs: "Advocacy groups are praising a new Minnesota law that prohibits employers from asking job applicants about criminal backgrounds in the initial stages of the hiring process."
  • Duluth News Tribune: Bill would restrict access to juvenile records for lesser crimes

  • South Dakota
    S.D.: State's attorneys association honors 2 prosecutors
    KELO News: "The South Dakota State's Attorneys Association has named Lawrence County State's Attorney John Fitzgerald as prosecutor of the year. At its recent annual meeting in Deadwood, the association also gave Mellette County State's Attorney Mick Strain a lifetime achievement award."

    Montana

    Other States and Jurisdictions

    Jobs
    Job Announcement
    A job announcement for an Attorney III with the Commission on Legal Counsel for Indigents in Bismarck has been posted.
    Job Announcement
    A job announcement for a full-time and a part-time Secretary I for the District Court Administrative Office in Grand Forks has been posted.
    Job Announcement
    A job announcement for a contract attorney with the N.D. Commission on Legal Counsel for Indigents in Watford City has been posted.
    Job Announcement
    A job announcement for an Attorney III with the Commission on Legal Counsel for Indigents in Williston has been posted.
    Job Announcement
    A job announcement for law clerks with the North Dakota Supreme Court in Bismarck during the 2014-2015 term has been posted.
    Job Announcement
    A job announcement for a Juvenile Court Officer I with the North Dakota Court System in Fargo has been posted.
    Job Announcement
    A job announcement for a Juvenile Court Officer I with the North Dakota Court System in Bismarck has been posted.
    Job Announcement
    A job announcement for a court reporter for the District Court in Fargo has been posted.

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