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Saturday, January 31, 2015
Monday at the Court
9:30am State v. Baxter
10:45am Estate of Grengs
1:30pm Wojahn v. Levi
2:45pm Viscito v. Christianson

4:15pm Judicial Conference Legislative Committee - Bismarck
The Third Branch: This Week on the Hill
North Dakota Capitol For Feb. 2-6, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted.
  • 64th Legislative Assembly
  • Registration open for Adult Guardianship Symposium
    Registration is now open for the Adult Guardianship/Elder Justice Symposium March 11-12 at the Ramkota Hotel in Bismarck. The free symposium is sponsored by the N.D. Court System. It is open to judges, attorneys, guardians, financial advisors, legislators, health care professionals, social workers, law enforcement and any others who work with the elderly.
    New issue of N.D. Law Review online
    North Dakota Law Review The newest edition of the North Dakota Law Review is now available online.
    Mont.: Legislators consider campaign finance clause for judges
    Montana State Seal NBC Montana News/AP: "Montana legislators are considering banning judges from presiding over cases that include people who donated to the judge's election campaign. Rep. Matthew Monforton of Bozeman introduced House Bill 255 in the House Judiciary Committee Thursday."
    Minnesota sex offenders prepare for civil commitment court battle
    KARE 11 News: "A trial begins Feb. 9 in Minnesota federal court that could determine the future of the state's sex offender treatment program. More than 700 civilly committed sex offenders are suing the state in a class action federal lawsuit that alleges, among other things, that it is unfair and unconstitutional to keep them locked up indefinitely."
    Wash.: Prosecutor's PowerPoint closing leads to overturned conviction
    ABA Journal: "The Washington Supreme Court has overturned a conviction for murder and other crimes in the slaying and robbery of an armored car guard because of a prosecutor's PowerPoint presentation during the closing argument."
  • Opinion Text: State v. Walker
  • Utah court strips criminal of right to counsel, and some lawyers object
    New York Times: "For David M. Corbett, a lawyer in Salt Lake City, the breaking point came when his client, a white supremacist convicted of murdering a prison officer, began threatening him, then managed to learn Mr. Corbett's home address and mailed him an envelope of legal papers. Mr. Corbett, rattled, asked to be taken off the case."
  • Opinion Text: State v. Allgier

  • North Dakota
    Court seeks comment on upcoming NECJD vacancy
    The Supreme Court has issued a Notice of Consultation on the upcoming judicial vacancy in the Northeast Central Judicial District that will be created by the retirement of Judge Lawrence Jahnke. Comments are due by Feb. 20.
    Governor gives notice of NECJD judge vacancy
    Governor Jack Dalrymple has sent Chief Justice Gerald VandeWalle a letter providing notice that Judge Lawrence Jahnke's pending retirement will create a judicial vacancy in the Northeast Central Judicial District.The governor's letter triggers the consultation process required under N.D.C.C. 27-05-02.1.
  • Gov. Dalrymple's Letter
  • Not Licensed to Practice Law
    The State Board of Law Examiners reports that a license to practice law for calendar year 2015 has not been issued to a number of attorneys who were licensed for calendar year 2014. The online list is being updated hourly.
    February Term of Court
    North Dakota Supreme Court
    The February term of court has been posted, including issues and briefs.
    Court adopts amendments to procedural rules
    The Supreme Court has adopted amendments to the North Dakota Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Court, and the Supreme Court Administrative Rules. The amendments take effect March 1, 2015.
    New Opinion: Jan. 22
    The Supreme Court posted a new opinion on Jan. 22.
    Appellate practice tip of the week
    Only material actually in the trial court record may be included in the appendix.
  • See N.D.R.App.P 30.
  • Other appellate practice tips
  • Three finalists named as Pembina County searches for state's attorney replacement
    WDAZ News: "Three finalists are among the possible replacements for Pembina County State's Attorney Stephenie Davis, who resigned earlier this month to take a prosecutor job in western North Dakota. A committee will meet Feb. 4 to interview the finalists, according to Pembina County Human Resource Director Tanya Wieler."
    Judge lets North Dakota oil patch overtime lawsuit proceed
    U.S. District Court for N.D. San Antonio Express News/AP: "A lawsuit accusing oil-services company Schlumberger Ltd. of failing to pay overtime wages in North Dakota's oil patch can move forward, a federal judge says. Judge Ralph Erickson's ruling, released Monday, grants conditional class-action status to the suit."
    North Dakota officials, advocates testify in favor of human trafficking legislation
    Fargo Forum: "Those fighting human trafficking in North Dakota brought their efforts to the Capitol on Wednesday. Lawmakers have proposed a package of bills addressing law enforcement to detect trafficking and rescue victims, and resources for women and girls once they are freed."

    Federal
    U.S.: For court of last resort, deadly deadlines loom
    United States Supreme Court building USA Today: "The Supreme Court faces a familiar series of deadlines this week. Deadly deadlines. On Tuesday, it was Warren Lee Hill's execution in Georgia that the justices decided to green-light, despite his claim of intellectual disability."
    U.S.: Supreme Court Justice Sonia Sotomayor talks life lessons
    Justice Sonia Sotomayor Franklin Daily Journal/AP: "U.S. Supreme Court Justice Sonia Sotomayor told Utah students that the key to navigating a world filled with drastically different opinions is being able to understand the unique experiences that shape other people's views."

    Minnesota
    Federal prosecutions in Minnesota took big jump in 2014
    Minneapolis Star Tribune: "The talk around the U.S. Courthouse in Minneapolis has been that more criminal cases are showing up in federal courtrooms since Andy Luger was sworn in as U.S. Attorney for Minnesota in mid-February last year. New data obtained by the Star Tribune appear to bear that out."
    Minn.: Man resentenced to prison in 2012 East Grand Forks rape case
    Fargo Forum: "A man convicted of raping a woman in East Grand Forks in 2012 was resentenced to 12 years in prison Tuesday following a Minnesota Supreme Court ruling that criticized the lower court for letting the man go without prison time two years ago."

    South Dakota

    Montana

    Other States and Jurisdictions
    U.S.: For lawyers, a rocky walk down the gay marriage aisle
    Bloomberg News: "An historic triumph for gay marriage may be within reach this spring on the biggest possible stage, but attorney Dana Nessel's chief frustration at the moment is actually not anti-gay opponents. Rather, she's taking aim at an unlikely target: the biggest, richest civil rights and gay rights organizations, all of which have left her team to beg and scrape for the estimated $1 million they need to litigate at the Supreme Court."
    U.S.: Child abuse and neglect laws aren't being enforced, report finds
    MPR News: "Laws intended to protect children from abuse and neglect are not being properly enforced, and the federal government is to blame. That's according to a study by the Children's Advocacy Institute at the University of San Diego School of Law, which says children are suffering as a result."
    Conn.: Woman can't scrub arrest from the Internet
    Courthouse News Service: "A newspaper that reported on a drug arrest later erased from the legal record is not liable for refusing to update its coverage, the 2nd Circuit ruled Wednesday. Lorraine Martin was arrested along with her two sons in 2010 for possession of marijuana."
  • Opinion Text: Martin v. Hearst Corp.

  • Job Announcements
    Job Announcement
    A job announcement for a Law Clerk with the Federal Court in Fargo has been posted.
    Job Announcement
    A job announcement for Head of Faculty Services at the UND Thormodsgard Law Library in Grand Forks has been posted.
    Job Announcement
    A job announcement for a Citizen Access Coordinator with the Supreme Court Law Library in Bismarck has been posted.
    Job Announcement
    A job announcement for a Contract Attorney with the Commission on Legal Counsel for Indigents in Minot has been posted.
    Job Announcement
    A job announcement for a Juvenile Drug Court Coordinator with the Juvenile Court in Fargo has been posted.
    Job Announcement
    A job announcement for an Attorney (Public Defender) with the Commission on Legal Counsel for Indigents 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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