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Saturday, June 25, 2016
Monday at the Court
9:30am Sandahl v. City Council of the City of Larimore
1:30pm Schmidt v. City of Minot
2:45pm Monster Heavy Haulers, LLC v. Goliath Energy Services, LLC
2:45pm Rossco Crane and Rigging, Inc. v. Goliath Energy Services, LLC
Waived Interest of E.P.
Waived Interest of J.F.
Waived Interest of D.H.
U.S. Supreme Court issues opinion in N.D. cases
United States Supreme Court building The United States Supreme Court has issued its opinion in consolidated cases from North Dakota and Minnesota: "The Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving but not warrantless blood tests."
  • Birchfield v. North Dakota opinion text
  • U.S. Supreme Court hearing N.D. cases on April 20
  • Personnel Policy Board July 1 agenda
    The agenda for the July 1 meeting of the Personnel Policy Board and the board's April 8 minutes have been posted.
    The U.S. Supreme Court leaves tribal authority intact
    The Atlantic: "American Indian tribal courts will retain the authority to hear suits from tribal members against non-tribal businesses, after a 4-4 split in the Supreme Court. Dollar General v. Mississippi Band of Choctaw Indians leaves intact a decision from the Fifth Circuit of Appeals that upholds the jurisdiction of a Choctaw tribal court to hear a suit against the retailer Dollar General."
    U.S.: Small words, big consequences for possibly thousands of federal prisoners
    Justice Antonin Scalia Washington Post: "Hundreds if not thousands of federal prisoners are likely to have their sentences shortened - and in some cases get immediate release - due to one of the final opinions written by Justice Antonin Scalia."
  • Opinion Text: Johnson v. United States
  • Researchers suggest ways to reduce jail, prison spending in Montana
    Billings Gazette: "Montana could reduce its spending on jails and prisons if detention facilities and treatment programs focused their services on those most likely to re-offend while others could be supervised by an increased number of probation and parole officers, researchers said."
    Minn.: Dayton vows to appeal court's ruling against coal power law
    MPR News: "Minnesota Gov. Mark Dayton is taking the fight over the state's law restricting new power generation from coal to a higher court. A three-judge panel of the 8th U.S. Circuit Court of Appeals affirmed a lower court's decision last week that barred Minnesota from enforcing key sections of the Next Generation Energy Act."
    Anonymous Legion claims attack on Minnesota courts website
    Minneapolis Star Tribune: "The international activist hacker group Anonymous Legion is claiming responsibility for an attack on the Minnesota Judicial Branch's website that rendered it unusable for most of Wednesday."

    North Dakota
    Curtis Hofstad 1946-2016
    Curtis Hofstad Rep. Curtis Hofstad, 70, Devils Lake, died Saturday, June 18. He has served in the State House of Representatives since 2006. Services will be at 3 p.m. Wednesday at Lake Region State College's Robert Fawcett Auditorium.
  • Funeral Home
  • Representative Curt Hofstad legislative biography
  • Devils Lake Journal: Rep. Curtis Hofstad of Devils Lake died Saturday
  • Appellate practice tip of the week
    Know your record.
  • Other appellate practice tips
  • Parents offered chance to catch up on child support
    Bismarck Tribune: "This month, parents who are behind on child support have the chance to catch up. The Child Support Division of the Department of Human Services will grant amnesty and return suspended driver's licenses to anyone who sets up a payment plan."
    New Opinions: June 10
    The Supreme Court posted two new opinions on June 10.
    Court seeks comment on proposed changes related to defendant's presence
    The Supreme Court has issued a Notice of Comment on proposed amendments to N.D.R.Crim.P. 10 (Arraignment), 43 (Defendant's Presence) and Form 10 (Misdemeanor Petition to Enter Plea of Guilty). The Court is also seeking comment on proposed new N.D.R.Crim.P. 18 (Petition to Waive Preliminary Hearing and Arraignment in Felony Case). Comments are due July 8.
    Court seeks comment on NECJD judge vacancy
    The Supreme Court has issued a Notice of Consultation seeking comment on the judicial vacancy in the Northeast Central Judicial District that will be created by Judge Debbie Kleven's resignation. Comments are due June 27.
    Court adopts amendments to professional conduct rules
    The Supreme Court has adopted amendments to N.D.R. Prof. Conduct 1.7, 1.15 and 1.18. The amendments relate to replacing the term "potential client" with "prospective client" in these rules. The amendments take effect July 1.
    Court seeks comment on proposed new rule, rule amendments
    The Supreme Court has issued three notices of comment seeking input on a proposed new admission to practice rule on military spouse lawyer certification and proposed amendments to N.D.R. Prof. Conduct 5.5 and Admission to Practice R. 3 on practice by foreign lawyers and N.D.R. Lawyer Discipl. 3.2 on service. Comments are due July 5.
  • Notice of Comment for Admission to Practice Rule 7.1
  • Amended Notice of Comment for Rules on Practice by Foreign Lawyers
  • Notice of Comment for Lawyer Discipline Rule 3.2

  • Federal
    U.S. Supreme Court upholds affirmative action plan
    United States Supreme Court building The U.S. Supreme Court has upheld the Univ. of Texas's use of race as a factor in choosing its entering classes.
  • Fisher v. University of Texas opinion text
  • U.S. Supreme Court blocks immigration plan
    Pres. Obama's immigration plan has been blocked by an evenly divided U.S. Supreme Court. The Court also affirmed by deadlock a Fifth Circuit opinion upholding tribal court tort-claim jurisdiction over non-members.
  • United States v. Texas per curiam opinion
  • Dollar General Stores v. Mississippi Band of Choctaw Indians opinion test
  • U.S. Supreme Court criminal opinion: June 23
    The U.S. Supreme Court has issued an opinion in an Armed Career Criminal Act case.
  • Mathis v. U.S. opinion text
  • U.S.: Judge strikes down Obama rule on fracking on public lands
    WSJ: "A federal judge in Wyoming made permanent a temporary block of an Interior Department rule setting stricter standards for hydraulic fracturing on public lands, a blow to President Barack Obama's environmental agenda in the sunset of his administration."
  • Wyoming v. Dept. of the Interior opinion
  • U.S.: Cornerstone of justice: Miranda Rights celebrates 50 years
    Wahpeton Daily News: "This week marks the 50th anniversary of Miranda vs. Arizona, a landmark Supreme Court case that established the famous words that must be read before criminal interrogations. These so-called "Miranda Rights," including the phrase "you have the right to remain silent" and the right to an attorney, have become standard procedure in arrest and prosecution."
  • Miranda v. Arizona opinion text
  • U.S.: Thank Justice Kennedy as web retailers, states spar over sales tax "Two states--Alabama and South Dakota--are leading fights to overturn a U.S. Supreme Court decision that blocks states from requiring the collection of sales tax from online retailers that are not physically located in the state."
    U.S. Supreme Court to consider president's power to appoint high-level officials in acting capacity
    ABA Journal: "The U.S. Supreme Court has agreed to consider the president's power to appoint government officials on an "acting" basis when the president has nominated the same person to permanently fill the position."
    U.S. District Court amends electronic filing and service policy
    U.S. District Court The United States District Court for the District of North Dakota has amended its Administrative Policy Governing Electronic Filing and Service. The changes take effect July 1.

    Minnesota: Appeals court backs MN man who sawed garage in half
    Fargo Forum: "The Minnesota Court of Appeals has backed a rural Nashwauk man who sawed his neighbor's garage in half in a property boundary dispute."
    Minn. court: Anti-'sexting' law violates free speech
    MPR: "The Minnesota Court of Appeals has found a key provision of a law designed to prevent using the internet to contact children about sex unconstitutional."
  • State v. Muccio opinion

  • South Dakota
    South Dakota: Program aims to ease legal service gap for low-income clients
    Argus Leader: "A Sioux Falls lawyer wants to mobilize her peers to help close a gap that exists for lower-income South Dakotans in need of legal services."


    Other States and Jurisdictions
    24 jurisdictions adopt the Uniform Bar Examination
    With the addition of Connecticut and West Virginia, 24 jurisdictions have adopted the Uniform Bar Examination (UBE) offering law school graduates portable scores to be used when applying for bar admissions. N.D. was the second state to adopt the UBE.

    Job Announcements
    Job Announcement
    A job announcement for five law clerk positions with the North Dakota Supreme Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Law Clerk for the District Court in Williston has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Morton County in Mandan has been posted.
    Job Announcement
    A job announcement for an Attorney II (Public Defender) with the Commission on Legal Counsel for Indigents in Williston has been posted.
    Job Announcement
    A job announcement for an Assistant Attorney General for the AG's Criminal and Regulatory Division in Bismarck has been posted.
    Job Announcement
    A job announcement for State's Attorney for McHenry County in Towner has been posted.
    Job Announcement
    A job announcement for three members to serve on the Three Affiliated Tribes Ethics & Rules Committee in New Town has been posted.

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