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Sunday, September 21, 2014
Monday at the Court
10:00am Guardianship Standards Workgroup - Bismarck

Top News
October Term of Court
North Dakota Supreme Court
The October term of court has been posted, including issues and briefs.
Judge Tufte starts work today, investiture set for Oct. 31
Jerod Tufte New Southeast District Judge Jerod Tufte begins work Sept. 19. His formal investiture ceremony will be held at 1:30 p.m. on Oct. 31 in the Barnes County Courthouse in Valley City. Tufte was appointed July 11 to fill the vacancy created by Judge John Paulson's retirement.
  • Judge Tufte Biography
  • New Disciplinary Order: Sept. 18
    The Supreme Court posted a new disciplinary order on Sept. 18.
    N.D. 125: Mugwumps
    North Dakota 125th Anniversary logo Prairie Public: "On [Sept. 18,] 1889, with only thirteen days remaining before the election to approve the state Constitution and choose North Dakota's first state officials and legislators, the political parties were working at a frenzied pace. Local, county and district conventions were combined to promote the candidates chosen at the state conventions and to expedite the selection of local legislative candidates."
    Jail money leaves Grand Forks County short
    G.F. Herald: "The Grand Forks County Correctional Center is seeing a drop in income and officials are watching the issue closely. Federal agencies contract with the center and pay to house their inmates in the facility, but due to stricter DUI laws and a variety of other reasons, the center is filling up with more county inmates than ever before."
    U.S.: Opposition grows to removal of public case files
    Trial Insider: "The federal courts began removing thousands of electronic court files from public scrutiny August 11 through an 'upgrade' in its electronic file management system. The American Association of Law Libraries, journalists and public access groups are currently mounting efforts to oppose the change and seeking ways to have records restored."
    Minn.: Former convicts continue advocating for voting rights
    Minnesota Daily: "Robert Stewart hasn't been able to vote since 2006, a right he lost because there's a felony on his record. But for the past several years, the third-year sociology graduate student has been fighting to regain his voting rights. 'It's encouraged me to be involved,' he said, 'because I have no other way to be involved in the political process, other than through advocacy.'"
    Montana US attorney tapped to advise Attorney General
    U.S. Dept. of Justice seal KPAX News: "Attorney General Eric Holder has selected Mike Cotter, Montana's United States Attorney, to serve on the Attorney General's Advisory Committee (AGAC). The Committee consists of 20 of the 93 United States Attorneys selected by the Attorney General to represent the interests of their judicial district."

    North Dakota
    Mildred Johnson 1918-2014
    Mildred Johnson Mildred L. Johnson, the first woman appointed to the North Dakota Board of Higher Education, died Sept. 12. She was 96. A UND School of Law graduate, she was admitted to the North Dakota bar in 1939. Funeral services are at 10:30 a.m. Saturday, Sept. 20, at the Bethel Lutheran Church in Wahpeton.
  • Mildred Johnson Attorney Record
  • G.F. Herald: Mildred Johnson, first woman to serve on ND higher ed board, dies at age 96
  • Joint Procedure Committee Sept. 25-26 agenda
    The agenda for the Sept. 25-26 meeting of the Joint Procedure Committee and the committee's April 24-25 minutes have been posted.
    Governor appoints Storbakken as legal counsel
    Bonnie Storbakken Bismarck attorney Bonnie Storbakken started work as legal counsel to Governor Jack Dalrymple on Sept. 2. Storbakken previously served as commissioner of the Department of Labor and Human Rights, a job she held since May 2013.
    Pattern Jury Instruction Commission Oct. 2-3 agenda
    The agenda for the Oct. 2-3 meeting of the Pattern Jury Instruction Commission and the commission's June 11 minutes have been posted.
    Historic Stutsman County Courthouse opens to public
    Old Stutsman County Courtroom On Sept. 13, for the first time in 30 years, the 1883 Stutsman County Courthouse was opened to the public. It is is the oldest original courthouse in the state, and preliminary meetings to discuss the division of Dakota Territory into two states were held in 1885 in its courtroom.
    Appellate practice tip of the week
    You serve your client by maintaining your own credibility.
  • Other appellate practice tips
  • Court sets hearing on petition to amend procedural rules, seeks comment
    The North Dakota Supreme Court has issued a Notice of Hearing and Comment on the Joint Procedure's Committee's annual Petition to Amend Court Rules. The committee proposes amendment of N.D.R.Civ.P. 3 and 26; N.D.R.Crim.P. 43; N.D.R.Ct. 10.1 and 11.2; and N.D. Sup. Ct. Admin. R 13, 41, and 52. Comments are due Oct. 30.
    Judge Hill begins work, investiture set for Sept. 25
    Judge James Hill New South Central District Judge James Hill began work Sept. 9. His formal investiture ceremony will be held at 4 p.m. on Thursday, Sept. 25, in the Burleigh County Courthouse. Hill was appointed Aug. 5 to fill the vacancy created by Judge Donald L. Jorgensen's retirement.
  • Judge James Hill Biography
  • 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.
    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.
    Court seeks comment on Northeast Central judgeship vacancy
    The North Dakota Supreme Court has issued a Notice of Consultation in the Matter of the Vacancy in Judgeship No. 1, with Chambers in Grand Forks, North Dakota, Northeast Central Judicial District. Comments relating to the vacancy are due Oct. 10.
    Court adopts amendments to policy on transcript fees
    The North Dakota Supreme Court has adopted amendments to Unified Judicial System Policy 206 on Fees and Expenses for Preparation of Transcripts. The amendments increase the per page and copy fee for transcripts. The amended policy takes effect Oct. 1.

    Federal
    U.S. District Court modifies electronic filing software
    U.S. District Court for N.D. The United States District Court for the District of North Dakota has modified the software for its Electronic Case Files system. The software improvement makes it easier to file sealed documents electronically.
    U.S.: BP lawyers use old-school trick; Judge not amused
    MPR News: "Back in school, did you ever fudge the spacing on a report to meet the teacher's page-length requirement? Lawyers representing oil company BP tried something similar in a recent court filing connected to the company's 2010 drilling rig accident and oil spill in the Gulf of Mexico. U.S. District Court Judge Carl Barbier was not amused."

    Minnesota
    MN court: Guardians can order removal of life support
    Minnesota Great Seal MPR News: "A divided Minnesota Supreme Court has ruled that a professional guardian can order the removal of life-support for patients without court review. The court ruled in the case of Jeffers Tschumy, a 53-year-old man with no family who suffered from diabetes, effect of a stroke and partial paralysis from a spinal infection."
  • Opinion Text: In re Tschumy
  • Courthouse News Service: Guardians' life-support authority upheld in MN
  • Minneapolis-St. Paul site of anti-terror program
    Andy Luger ABC News: "The cities of Minneapolis and St. Paul will participate in a Department of Justice pilot program designed to engage at-risk communities and stop extremists from recruiting Americans to join terror organizations overseas, U.S. Attorney Andy Luger said Tuesday."
    New handbook aims at providing legal information to Minnesota's homeless youth
    Inside Counsel: "Three groups are aiming to assist homeless youth in the state of Minnesota -- at least as far as enabling them to understand their legal rights goes. Ecolab, the law firms of Baker & McKenzie, and Southern Minnesota Regional Legal Services have released the Homeless Youth Handbook - Minnesota. The guide aims to help homeless youth and those who support the children."

    South Dakota

    Montana

    Other States and Jurisdictions
    Texas court: Photography law is unconstitutional
    San Antonio Express News: "Ruling that the statute was too broad and 'unconstitutional on its face,' the Texas Court of Criminal Appeals on Wednesday struck down a portion of the state's improper photography law based on a San Antonio case."
  • Opinion Text: Ex Parte Thompson

  • Job Announcements
    Job Announcement
    A job announcement for an Assistant State's Attorney for McKenzie County in Watford City has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Dickinson has been posted.
    Job Announcement
    A job announcement for an Assistant Attorney General with the N.D. Office of Attorney General in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant Tribal Attorney with the Standing Rock Sioux Tribe in Fort Yates has been posted.
    Job Announcement
    A job announcement for a Term Law Clerk with the U.S. District Court in Bismarck has been posted.

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