| January 8, 2009 |
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State of the Judiciary address audio recording
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The audio recording of Chief Justice Gerald VandeWalle's State of the Judiciary address has been posted.
Text of Address
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Administrative Council meeting cancelled
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The Chief Justice has cancelled Friday's scheduled meeting of the Administrative Council.
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Minn.: Supreme Court limits judicial campaign contributions
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Minnesota Public Radio: "By a vote of 5 to 2, the state Supreme Court has limited how much judicial candidates may accept in campaign contributions."
Order on Revised Minn. Code of Judicial Conduct
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Minn.: 23 graduate from drug court today
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Minneapolis Star Tribune: "Today is graduation day for 23 people who successfully completed a one-year program aimed at reducing recidivism among chemically dependent criminals who are at high risk to re-offend."
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S.D.: 2009 State of the Judiciary Message
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S.D. Unified Judicial System: "Chief Justice David Gilbertson will be giving the State of the Judiciary Message live on Wednesday, January 14, 2008 at 1:30 p.m. in the House Chambers of the South Dakota Legislature."
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U.S.: In civil-contempt cases, jail time can stretch on for years
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Wall Street Journal: "One can spend a long time in jail in the U.S. without ever being charged with a crime. It happened to H. Beatty Chadwick, a former Philadelphia-area lawyer, who has been behind bars for nearly 14 years without being charged."
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| January 7, 2009 |
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Listen to the State of the Judiciary Address
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To watch or just listen to Chief Justice Gerald VandeWalle's State of the Judiciary Address today, starting at 1:15 p.m., click on one of the links below.
Watch the Address (audio-video webcast)
Listen to the Address (audio-only webcast)
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State of the Judiciary Address 2009
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Chief Justice Gerald VandeWalle presented the 2009 State of the Judiciary Address to a joint session of the North Dakota Legislature on Jan. 7. Gov. John Hoeven, Supreme Court Justices, District Judges, and executive branch officers also attended.
Audio recording of address Audio recording of address
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State of the Judiciary address to be webcast live
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Chief Justice Gerald VandeWalle's State of the Judiciary Address will be webcast live today starting at approximately 1:15 p.m. Both video and audio-only webcasts will be available by clicking links on the Supreme Court's home page.
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Court seeks comment on admission rule change
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The Supreme Court is seeking comment on a proposed new rule relating to authorization to practice law for attorneys volunteering with approved legal services organizations. Comments are due Feb. 9.
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Happy Birthday, Drug Court
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The state's first adult drug court will be eight years old this week and there's going to be a party! North Dakota Governor John Hoeven and First Lady Mikey Hoeven will be honored at this year's event.
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Minn.: Justice system visionary wins top honor
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Minneapolis Star Tribune: "In the 26 years that Sue Dosal has been state court administrator, she has literally helped changed history and the landscape of Minnesota's capitol city. Among her accomplishments are helping create the state Court of
Appeals and building a new home for the courts and staff."
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Minn. Court: St. Paul school not liable for sports injury
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Minneapolis Star Tribune: "The St. Paul schools have immunity from a lawsuit filed by a woman who was injured while performing a difficult gymnastic maneuver in a summer community education program when she was 14, the Minnesota Court of Appeals
ruled Tuesday."
Goetz v. I.S.D. No. 625 opinion text
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Gay MN couple loses appeal in discrimination case
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G.F. Herald/AP: "Another setback for a lesbian couple trying to get a family membership at the Rochester Athletic Club.The Minneapolis Court of Appeals has upheld an Olmsted County judge's ruling that the club did not discriminate against the women
when it denied them a family membership."
Monson v. Rochester Athletic Club opinion text
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Candidates for Wisconsin Supreme Court race set
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St. Paul Pioneer Press/AP: "A former public defender who's been a judge for 10 years is the lone election challenger to Chief Justice Shirley Abrahamson, the third longest serving member ever of the state's Supreme Court."
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| January 6, 2009 |
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State of the State Address 2009
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Gov. John Hoeven delivered his State of the State address after he and other state officials took their ceremonial oath of office administered by Chief Justice Gerald VandeWalle.
Gov. News Release: Making the Right Investments to Build Our State
Bismarck Tribune: Hoeven says state strong, but not immune from national woes-State of State Address
Transcript of Address
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Request for Proposal
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A request for proposal for indigent defense services for the City of Fargo has been posted.
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Administrative Council Jan. 9 agenda
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The agenda for the Jan. 9 meeting of the Administrative Council, and the Council's Sept. 10, 2008, minutes, have been posted.
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8th Circuit decides N.D. case
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The United States Court of Appeals for the Eighth Circuit has affirmed a conviction in a North Dakota drug case.
United States v. Molsbarger opinion text
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N.D. Attorney General Opinion: Jan. 5
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North Dakota Attorney General Wayne Stenehjem has issued an opinion that section lines, to be open to public use, do not have to be improved or conducive to travel.
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U.S.: Cash-strapped states cut juvenile justice programs
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G.F. Herald/AP: "State budget cuts are forcing some of the nation's youngest criminals out of counseling programs and group homes and into juvenile prisons in what critics contend is a shortsighted move that will eventually lead to more crime and
higher costs."
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S.D.: Governor interviews Supreme Court finalists
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Aberdeen American News/AP: "Gov. Mike Rounds has been conducting personal interviews with people who have been recommended to fill a soon-to-be vacant state Supreme Court spot."
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S.D.: Thanks for 20 years
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Sioux Falls Argus Leader: "Amid the lawyers, judges, law enforcement personnel and county employees, a special couple wished retiring Minnehaha County State's Attorney Dave Nelson well on Monday."
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U.S.: Key Justice nominees rooted in academia
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USA Today: "President-elect Barack Obama filled two prominent Justice Department posts Monday, choosing the dean of Harvard Law School to be the first female U.S. solicitor general and an outspoken Bush administration critic to lead the sensitive
Office of Legal Counsel."
Law.com: Obama names choices for key DOJ posts
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| January 5, 2009 |
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Appellate practice tip of the week
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"To write clearly and to speak clearly, you first must think clearly."
---Elmer Lower, former president of ABC News.
Other appellate practice tips
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Some useful, obscure places at Capitol
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G.F. Herald: "The North Dakota Capitol is full of obscure public places and services that many visitors might not know about. A nursing mothers' station. Special libraries and hidden lounges. Out-of-the way elevators."
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Wyo.: State wins CBM tax dispute
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Casper Star Tribune: "Two Wyoming Supreme Court rulings this week affirmed the state's view on where to calculate the value of coal-bed methane gas for taxation purposes."
Kennedy Oil v. Dept. of Revenue opinion text
Williams Production RMT Co. v. Dept. of Revenue opinion text
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Robert C. Heinley 1928-2009
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Carrington attorney Robert C. Heinley, 80, died Jan. 2. Services will be held at 1 p.m. on Jan. 5 at the Federated Church in Carrington. Heinley was a longtime member of the Joint Procedure Committee.
Robert C. Heinley Lawyer Record
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Michael L. Halpern 1937-2008
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Longtime Glen Ullin lawyer Mike Halpern, 71, died Dec. 29, at a Beulah care center. At his request, no funeral service will be held. A scholarship fund has been created in his name.
Michael L. Halpern lawyer record
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2008 decline in U.S. executions has states reflecting on capital punishment
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Kansas City Star: "Death penalty proponents and opponents agree on at least one thing. Whether it proves to be a turning point or a footnote in the history of capital punishment in the United States, 2008 was a momentous year."
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U.S.: For the Supreme Court, tradition is on tap at inaugural
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Law.com: "When John Roberts Jr. told the Senate in 2005 that judges should be like umpires, applying the rules of others, he added a touch of judicial modesty: 'Nobody ever went to a ballgame to see the umpire.'"
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Carter Attorney General Griffin B. Bell dies at 90
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Associated Press: "Griffin B. Bell, the shrewd Southern lawyer who grew up with Jimmy Carter and later became U.S. attorney general after Carter was elected president, died Monday. He was 90."
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Job Announcement
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A job announcement for an electronic court recorder has been posted.
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Job Announcement
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A job announcement for an assistant general counsel for the University of North Dakota has been posted.
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| January 2, 2009 |
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The Third Branch: This Week on the Hill
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For Jan. 6-9, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted.
61st Legislative Assembly
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U.S.: The state of courts, and a plea for a raise
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New York Times: "The state of the economy and vigorous prosecution of immigration offenses and sex crimes are shaping the federal courts' dockets, Chief Justice John G. Roberts Jr. wrote on Wednesday in his annual year-end report on the federal
judiciary."
Chief Justice Robert's 2008 Year-End Report
AP: Chief justice: Inflation outpacing pay for judges
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U.S.: New ignition lock laws aim to foil drunk drivers
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Fargo Forum/AP: "Motorists convicted of driving drunk will have to install breath-monitoring gadgets in their cars under new laws taking effect in six states this week."
St. Paul Pioneer Press: Who says breath tests don't lie? She does
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U.S.: Capturing the courtroom word for word
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Wall Street Journal: "Court reporters are employed by federal, state and local courts, as well as private court-reporting agencies, to record verbatim the words spoken during depositions, hearings, trials and other legal proceedings."
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Wyo.: Chief federal prosecutor dies
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Casper Star Tribune: "The supervising federal prosecutor for Wyoming, who lived in Casper, died Monday from injuries suffered last week in a head-on collision in northern Colorado, a spokesman for the U.S. attorney's office said Tuesday."
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Mont.: High court rules against state restitution for game farmers
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Helena Independent Record/AP: "Game-farm owners who lost money because a voter-approved initiative curbed their businesses do not have a constitutional right to state compensation, a narrowly divided Montana Supreme Court ruled Wednesday."
Montana Supreme Court Cases
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Minn.: Hennepin County judge's career taking an unusual turn
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Minneapolis Star Tribune: "It took Hennepin County District Judge Fred Karasov several tries and about three years to win a gubernatorial appointment to the bench, and now he's leaving."
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S.D. high court: Yelling at cops was protected speech
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Sioux Falls Argus Leader/AP: "A man who yelled the 'f' word and other profanities at passing police officers did not commit a crime because he was protected by the constitutional guarantee of free speech, the South Dakota Supreme Court ruled
Wednesday."
State v. Suhn opinion text
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