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Wednesday, July 23, 2014
Tomorrow at the Court
Children's Justice Symposium - Bismarck

Top News
Joint county committee backs jail construction agreement
Bismarck Tribune: "Burleigh and Morton county officials Wednesday favored the terms of a construction agreement needed for the two entities to build a $70 million jail together. It is one of three contracts the separate commissions must approve for the 475-inmate facility to be completed at Yegen Road and Apple Creek Road."
U.S.: Prosecutors are reading emails from inmates to lawyers
New York Times: "Jailhouse conversations have been many a defendant's downfall through incriminating words spoken to inmates or visitors, or in phone calls to friends or relatives. Inmates' calls to or from lawyers, however, are generally exempt from such monitoring. But across the country, federal prosecutors have begun reading prisoners' emails to lawyers."
U.S.: Latest Obamacare legal knot won't be easy to untangle
Reuters: "U.S. judges have their work cut out for them untangling a legal knot created on Tuesday when two federal appeals courts released conflicting rulings hours apart going to the heart of the role the federal government will play in Obamacare."
Minn.: Court of Appeals affirms county's decision on Deer Lake Bible camp
Minnesota Great Seal Grand Rapids Herald Review: "An opinion filed Monday, July 21, by the Minnesota Court of Appeals has affirmed Itasca County's decision that an Environmental Impact Statement (EIS) is not needed for the development of a Bible camp and retreat on Deer Lake."
  • Opinion Text: Matter of Environmental Impact Statement
  • Mont.: VanDyke back on ballot for Supreme Court
    Montana Standard: "In a 4-3 decision on Tuesday, the Montana Supreme Court overturned a lower-court ruling and put Lawrence VanDyke back on the November ballot as a candidate for Supreme Court justice. As a result, VanDyke will face Justice Mike Wheat in the general election."
  • Opinion Text: Cross v. VanDyke
  • Wyo.: Federal judge won't reduce bison protester's fine
    Casper Star Tribune: "A judge has refused to reduce a fine against a man who chained himself to a concrete-filled drum to protest the slaughter of bison from Yellowstone National Park earlier this year. Twenty-year-old Comfrey Jacobs was arrested in March after blocking the road to the Stephens Creek corrals."
    Job Announcement
    A job announcement for a United States Magistrate Judge with the U.S. District Court in Fargo has been posted.

    North Dakota
    Judge Stacy Louser Investiture: The July 18, 2014, photos
    Judge Stacy Louser Judge Stacy Louser was formally installed on the North Central Judicial District bench at an investiture ceremony July 18 in the Ward County Courthouse in Minot. Here are the photos.
    New Opinions: July 17
    The Supreme Court posted 16 new opinions on July 17.
    Oct. 1 amendments to appellate rules will change appeal process
    Effective October 1, 2014, a notice of appeal in North Dakota must be filed with the Clerk of the Supreme Court rather than the district court clerk.This change is the most prominent of an assortment of amendments to the N.D. Rules of Appellate Procedure that will take effect in October. Another significant change is the integration of electronic filing procedures into the rules.
    Court approves amendments to rule on standards for bar admission
    The Supreme Court has approved amendments to Admission to Practice Rule 2 on standards for admission. The amendments relate to the SBAND Lawyer Assistance Program and take effect October 1.
    New Disciplinary Order: July 2
    The Supreme Court posted a new disciplinary order on July 2.
    Court approves amendments to appellate rules
    The North Dakota Supreme Court has approved amendments to the Rules of Appellate Procedure. The amendments integrate electronic filing into the rules and require filing of the notice of appeal with the Clerk of the Supreme Court. The amendments take effect October 1.
    Appellate practice tip of the week
    Number the paragraphs in briefs.
  • Other appellate practice tips
  • Parenting coordinator training set for Sept. 23-24 in Bismarck
    The North Dakota Supreme Court will be hosting parenting coordinator training for anyone interested in becoming a parenting coordinator on Sept. 23-24 in Bismarck. See the linked brochure for more information and a registration form. Registration deadline is Sept. 8.
    John Wall 1943-2014
    Rep. John Wall State Representative John Wall, 70, Wahpeton, died July 18, at his lake home. A member of the N.D. Legislature for a decade, he was currently Vice Chairman of the House Agriculture Committee. Services will be on Thursday at 11 a.m., at St. John's Catholic Church, Wahpeton.
  • Gov. Dalrymple Statement on the Death of Rep. John Wall
  • Hill Named Chair of ABA Commission on IOLTA
    James Hill Bismarck Attorney James S. Hill has been named by American Bar Association President-elect William C. Hubbard as the Chair of the ABA Commission on Interest on Lawyer Trust Accounts for a one year-year term commencing with the adjournment of the 2014 Annual Meeting.
    Western North Dakota law enforcement welcome additional state help
    Bismarck Tribune: "Law enforcement officials in western North Dakota say their workloads continue upward trends due to regional growth and they will continue to need whatever additional state help made available. Officials with agencies out in the state's oil patch say they've only begun reviewing the annual Uniform Crime Report issued last week by Attorney General Wayne Stenehjem's office."
    Parenting initiative will appear on November ballot
    Jamestown Sun: "North Dakota voters will decide in November on a ballot measure that would create a law providing for equal parenting rights and decision-making responsibility in child custody cases, Secretary of State Al Jaeger said Monday."

    8th Circuit judicial conference set for Aug. 6-8 in Omaha
    U.S. Court of Appeals for the Eighth Circuit The judges of the Eighth Circuit invite you to join them at the Hilton Omaha for the Eighth Circuit Judicial Conference Aug. 6-8. The deadline for hotel registration is Friday, July 11. On-line conference registration will close on Friday, July 25.
    U.S.: Courts issue conflicting rulings on health care law
    New York Times: "Two federal appeals court panels issued conflicting rulings Tuesday on whether the government could subsidize health insurance premiums for people in three dozen states that use the federal insurance exchange. The decisions are the latest in a series of legal challenges to central components of President Obama's health care law."
  • Opinion Text: Halbig v. Burwell
  • Opinion Text: King v. Burwell

  • Minnesota
    Minn.: Classes done, law school grads work at finding a job
    St. Cloud Times: "When the state lifted a hiring freeze and allowed Rex Tucker to hire staff in the public defender offices he oversees, the applications rolled in. The positions that used to attract primarily recent law school grads and lawyers who had practiced for a year or so were drawing more and better qualified applicants."

    South Dakota
    400 S.D. inmates could see early release next year
    Sioux Falls Argus Leader: "An independent agency that sets policies for the federal courts system has concluded that nonviolent drug offenders are serving too much time behind bars.The U.S. Sentencing Commission unanimously voted Friday to reduce the sentences for approximately 46,000 federal inmates nationally, including an estimated 300 to 400 in South Dakota who could see early release as soon as next year."
    S.D. high court: No new rape trial for Rapid City man
    South Dakota Great Seal Yankton Daily Press and Dakotan: "The South Dakota Supreme Court says a Rapid City man sentenced to life in prison for raping a child is not entitled to a new trial. John Rolfe was convicted in 2011 on three counts of first-degree rape and 12 counts of possession of child pornography."
  • Opinion Text: State v. Rolfe

  • Montana
    Montana court sends wind farm clash to California
    Montana State Seal S.F. Chronicle/AP: "A dispute over a Montana wind farm's potential to harm nearby nesting eagles and other birds should be heard in California, the Montana Supreme Court said Friday, in an opinion that deals a legal setback to the project's developers."
  • Opinion Text: San Diego Gas v. 9th Judicial District
  • Montana Supreme Court rejects former deputy coroner's claim that PTSD led to drug abuse
    KRTV News: "The Montana Supreme Court has rejected an appeal by Jeff Fauque, a former deputy coroner with the Glacier County Sheriff's Office who claimed the trauma of his position led to prescription drug abuse and ultimately the loss of his job."
  • Opinion Text: Fauque v. MPER Board
  • Montana Supreme Court upholds drug program confidentiality
    Montana State Seal Great Falls Tribune/AP: "Authorities can't use confidential information obtained through a drug treatment court program to bring new criminal charges, the Montana Supreme Court ruled."
  • Opinion Text: State v. Plouffe

  • Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for assistant state's attorney for Ward County in Minot has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Jamestown has been posted.
    Job Announcement
    A job announcement for Chief Judge of the Standing Rock Sioux Tribal Court in Fort Yates has been posted.
    Job Announcement
    A job announcement for a contract attorney with the North Dakota Commission on Legal Counsel for Indigents in Minot has been posted.

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