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Monday, March 30, 2015
Tomorrow at the Court
10:45am State v. Williams
1:30pm State v. Kordonowy
2:45pm Sweeney v. Kirby
Waived Fugere v. Fugere
James Fitzsimmons 1952-2015
Jim Fitzsimmons The executive driector of Legal Services of N.D., James Fitzsimmons, 62, died March 30. He was a 1977 graduate of the Univ. of N.D. Law School. Arrangements are pending.
  • James Patrick Fitzsimmons lawyer record
  • Legal Services of North Dakota website
  • New Opinion: March 30
    The Supreme Court posted a new opinion on March 30.
    Appellate practice tip of the week
    If material considered by the trial court is not in the record, 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
  • The Third Branch: This Week on the Hill
    North Dakota Capitol For March 30-April 3, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted.
  • 64th Legislative Assembly
  • U.S. Supreme Court per curiam opinions: March 30
    The United States Supreme Court has issued per curiam opinions in a search and seizure case involving GPS monitoring of a convicted sex offender and in a habeas corpus case involving "per se" ineffective assistance of counsel.
  • Grady v. North Carolina
  • Woods v. Donald
  • U.S. Supreme Court March 30 arguments
    United States Supreme Court building Monday, the United States Supreme Court will hear arguments in a case on whether indigent prisoners are entitled to government funds to present new claims of mental incompetency in post-conviction proceedings in state court
  • Brumfield v. Cain
  • U.S. Supreme Court March 31 arguments
    Tuesday, the United States Supreme Court will hear arguments in two patent cases, one on whether royalty payments from a patent licensing contract extend beyond the life of the patent and another addressing whether a reasonable, good-faith belief that a patent is invalid is a viable defense to patent infringement.
  • Kimble v. Marvel Enterprises
  • Commil USA, LLC v. Cisco Systems, Inc.
  • U.S. Supreme Court April 1 arguments
    Wednesday, the United States Supreme Court will hear arguments in two bankruptcy cases, one on whether the denial of a proposed reorganization plan entitles the debtor to an immediate appeal and another addressing whether a debtor may recover wages held in trust when converting from a Chapter 13 to Chapter 7 bankruptcy.
  • Bullard v. Blue Hills Bank
  • Harris v. Viegelahn
  • U.S.: Steep costs of inmate phone calls are under scrutiny
    New York Times: "Since the Pennsylvania police arrested Anthony Kofalt last March for walking out of a Walmart with 21 boxes of Crest White Strips he had not paid for, his wife, Heather, has spent $3,000 -- about $60 a week -- on phone calls to the prisons and jails where he has been held."
    S.D.: Acting U.S. attorney has Mobridge, Herreid ties
    Randy Seiler Aberdeen American News: "South Dakota's acting U.S. attorney is hoping to be considered for the job on a full-time basis. Randy Seiler, who originally hails from Mobridge, became acting U.S. attorney earlier this month following the retirement announcement of Brendan Johnson."
    S.D.: The future of juvenile justice
    KELO News: "The most recent national figures show South Dakota holds the second highest juvenile incarceration rate in the nation. Yet the state has some of the lowest number of non-violent offenders staying behind bars. Governor Dennis Daugaard vowed this year to put in a program to change that."
    Job Announcement
    A job announcement for an Assistant Court Administrator with the District Court in Grand Forks/Devils Lake has been posted.

    North Dakota
    Hager, Romanick investitures set for April 10 in Grand Forks
    Judges Donald Hager and Lolita Romanick Northeast Central Judicial District Judges Donald Hager and Lolita Romanick will be formally installed on the bench in an investiture ceremony on April 10 at Noon in Courtroom 303 of the Grand Forks County Courthouse. A reception will follow the ceremony.
  • Judge Donald Hager Biography
  • Judge Lolita Romanick Biography
  • Gov. appoints Hager, Romanick to fill NEC judge vacancies
  • N.D. Courts, Bismarck Public Schools to present youth mental illness event
    The North Dakota Courts and the Bismarck Public Schools will present 'Child/Adolescent Mental Illness: Why You Matter' at 7 p.m. on April 7 at Horizon Middle School. Mental health advocate and author Liza Long will speak at the event.
    April Term of Court
    North Dakota Supreme Court
    The April term of court has been posted, including issues and briefs.
    Minority Justice Implementation Committee 2014 Annual Report
    The Minority Justice Implementation Committee has posted its 2014 Anuual Report. The report contains short descriptions of study areas, recommendations, and the committee's implementation efforts.
    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.
    Court seeks comment on amendments to interpreter rules
    The Supreme Court has issued a Notice of Comment on proposed amendments to Administrative Rule 50, Civil Procedure Rule 43, Criminal Procedure Rule 28, and Trial Court Administrative Policy 522 relating to interpreters. Comments are due April 20.
    Federal Public Defender announces CJA panel attorney training
    The Federal Public Defenders Office will hold the annual Criminal Justice Act panel attorney training in Bismarck on May 11, Minot on May 12, Grand Forks on May 13 and Fargo on May 14. Training sessions will start at 8:30 a.m. each day.

    Is it legal for US military to scan the public's computers for kid porn?
    Ars Tecnica: "A federal appeals court is having second thoughts about its decision frowning on the US Navy for scanning every computer in the state of Washington accessing Gnutella, a large peer-to-peer network. The September decision thwarted a child pornography prosecution that began when a Naval Criminal Investigative Service agent in Georgia discovered the illicit images on a civilian's computer in Washington state."

    Minnesota judges, jurors may see significant compensation boost
    Minneapolis Star Tribune: "In Hennepin and Ramsey counties, jury duty often comes at a price. For nearly a decade, jurors have received $10 a day for parking, bus fare or lunch in exchange for spending long hours in a courtroom."

    South Dakota
    S.D.: In symbolic case, Native American man beats fishing-without-license charge
    Rapid City Journal: "A Native American man scored a legal and symbolic court victory on Thursday in Rapid City with his acquittal on a charge of fishing without a license. James Swan, 53, an enrolled member of the Cheyenne River Sioux Tribe and a Rapid City resident, represented himself in 7th Circuit Magistrate Court at the Pennington County Courthouse."

    Mont.: Supreme Court upholds $150K restitution in securities fraud
    Montana State Seal NBC Montana News/AP: "The Montana Supreme Court has upheld a $150,000 restitution award in a securities fraud case against a Hamilton pastor, but reversed his conviction for fraudulent practices and sent the case back to District Court for a new trial."
  • Opinion Text: State v. Himes
  • Veterans Court now available for veterans charged with federal crimes in Montana
    KXLH News: "Chief U.S. District Court Judge Dana Christensen, Chief Montana District Court Judge Gregory Pinski of Great Falls, and Montana's U.S. Attorney Mike Cotter announced on Thursday that qualifying veterans charged with federal crimes are now eligible to participate in Veterans Court, an alternative to prison."

    Other States and Jurisdictions
    Calif.: 'Obsessively frugal' lawyer leaves $3.3M to Skid Row charities
    ABA Journal: "A former lawyer for the Veterans Administration who invested in stocks and lived a frugal lifestyle has left $3.3 million to Skid Row charities in his will. Delmer Clarence Kallberg was 98 when he died about a year and a half ago, the Los Angeles Times reports."

    Job Announcements
    Job Announcement
    A job announcement for a State's Attorney for Renville County in Mohall has been posted.
    Job Announcement
    A job announcement for a Programmer Analyst I with the Court System Information and Technology Division in Bismarck has been posted.
    Job Announcement
    A job announcement for an Attorney with the North Dakota Insurance Department in Bismarck 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 an Assistant State's Attorney with the Grand Forks County State's Attorney's Office in Grand Forks has been posted.
    Job Announcement
    A job announcement for an Administrative Assistant I with the Juvenile Court in Bottineau has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Rolla has been posted.
    Job Announcement
    A job announcement for five law clerks with the North Dakota Supreme Court in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney with the Williams County State's Attorney's Office in Williston has been posted.

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