| November 20, 2009 |
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Adam Gefreh (1918-2009)
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Adam Gefreh, former district judge and legislator, died November 18 in Littleton, Co.
Judge Adam Gefreh Biography
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Unanimous 7th Circuit finds mezuzah removal worth a lawsuit
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National law Journal/Law.com: "The U.S. Court of Appeals for the 7th Circuit has ruled that a Jewish family whose mezuzah was repeatedly removed from their door frame by their condominium association can proceed with a lawsuit claiming discrimination
and seeking damages."
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Online Applications for Judicial Clerkships Jump by 66%
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ABA Journal: "Online applications for federal clerkships jumped by 66 percent this year, spurred by an increase in applicants and the number of clerkships for which they applied."
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| November 19, 2009 |
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December Term of Court
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The December term of court has been posted, including issues and briefs.
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Feb. 2010 Bar Exam Deadlines
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The Feb. 2010 Bar Examination will be given on Feb. 23 and 24, 2010. Applications are due on Dec. 1, 2009. Applications postmarked after that date will be assessed a late fee. No applications will be accepted after Dec. 15, 2009.
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New Opinion posted Nov. 19
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The Supreme Court posted a new opinion on Nov. 19.
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Montana: Bozeman housing ordinance might be discriminatory
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Great Falls Tribune: "The states Human Rights Bureau says it has found reasonable cause to believe that a Bozeman housing ordinance is discriminatory.
The ordinance prohibits more than four unrelated people from living together unless they meet certain criteria. Bozemans assistant planning director Chris Saunders says the rule has been in effect for more than 30 years and is meant to limit the
intensity of use at a property"
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U.S.: Some Courts Raise Bar on Reading Employee Email
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Wall Street Journal: "Big Brother is watching. That is the message corporations routinely send their employees about using email.
But recent cases have shown that employees sometimes have more privacy rights than they might expect when it comes to the corporate email server. Legal experts say that courts in some instances are showing more consideration for employees who feel
their employer has violated their privacy electronically."
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New Site Highlights Top Federal Appeals Court Rulings
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National Law Journal/Law.com: "With news media organizations cutting back on their coverage of courts and other institutions, a new effort was launched today to help the press and public identify important federal appeals court rulings and cases.
The American Bar Association's Standing Committee on Federal Judicial Improvements has created a new site that will flag and summarize some of the most interesting or newsworthy recent decisions and pending cases before federal appeals courts."
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ABA Shake-Up Ousts Executive Director, Other Top Staff
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National Law Journal/Law.com: "The resignation this week of Henry "Hank" White Jr., the American Bar Association's executive director, follows other recent staff departures amid a reorganization set in motion by the ABA's new president, Carolyn Lamm.
"
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| November 18, 2009 |
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Korean judges visit Cass County district court
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Judges Moon-Ho-Cha, Won-ho Lee, Min Park and Sung-won Kim and deputy clerks of court Seon-ok Kim and Tae-young Ku visited the Cass County district court Monday and Tuesday.
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Court seeks comment on upcoming judicial vacancy
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The North Dakota Supreme Court is seeking comments regarding the vacancy that will be created by the upcoming retirement of Judge Robert O. Wefald. Comments on whether the judgeship is necessary in the South Central District or whether the judgeship
may be transferred are due December 21.
Notice of Consultation
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Judicial Conference minutes and agenda posted.
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The Judicial Conference minutes of the June 11th meeting and the agenda for the November 23-24th meeting have been posted.
June minutes
November agenda
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U.S.: Kennedy Frustrated Over School-Press Flap
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Wall Street Journal: "Supreme Court Justice Anthony Kennedy said he was frustrated by criticism of his response to a school newspaper's coverage and called it a misunderstanding that spiraled out of control."
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U.S.: Data on Arrest Records Aren't Always by the Book
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Wall Street Journal: "More than 40 years ago, President Lyndon B. Johnson's crime commission reported that half of American men would be arrested at some point in their lives. Today, crime data remain consistent with that figure -- and are bedeviled
by many similar flaws."
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| November 17, 2009 |
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New Opinions posted Nov. 17
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The Supreme Court posted 13 new opinions on Nov. 17.
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Administrative Tour and Open House at the Burleigh County Courthouse - Wednesday
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Attorneys will find answers to questions about how the South Central Judicial District is administered at an Administrative Tour and Open House at the Burleigh County Courthouse on Wednesday, Nov. 18, from 1:30 - 3 p.m. One hour of CLE credit has
been approved. There is no charge for the event and no registration is required.
South Central Judicial District
Burleigh County Courthouse
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Minnesota: Lawyer loses appeal in Minnesota terror case
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Star Tribune: "A federal appeals court has ordered a civil rights lawyer convicted in a terrorism case that originated in Minnesota to begin serving her prison sentence."
Second Circuit opinion
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In 'Reverse FOIA' Move, Defense Contractors Want to Stop Release of Documents
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National Law Journal/law.com: "Lawyers in Washington for two major defense contractors are fighting the government's planned release of documents under the Freedom of Information Act, saying that the information is confidential and that disclosure
should be stopped. On Monday, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in the case. "
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| November 16, 2009 |
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Montana Supreme Court tosses DUI conviction of woman fleeing bar fight
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Missoulian/AP: "The Montana Supreme Court has reversed the drunken driving conviction of a woman who says she was only driving in order to run from a dangerous bar fight.
The Montana Supreme Court cited a statute that lets people break the law if they are in danger, and agreed a lower court should have let the drunken driver make the argument in front of a jury."
Montana v. Leprowse opinion
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U.S. Supreme Court opinion Nov. 16
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The Court issued a per curiam opinion in a criminal ineffective assistance of counsel case.
Wong v. Belmontes
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Supreme Court will not hear complaint that "Redskins" is offensive
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AP: "The Supreme Court won't hear an appeal from a group of Native Americans who think the name of the NFL's Washington Redskins football team is offensive.
The high court today turned away an appeal from Suzan Shown Harjo. That ends the latest round in the 17-year court battle between the Redskins and a group of American Indians who want them to change their name."
Supreme Court Nov. 16 Order List
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Minnesota: Pawlenty's power to cut state budget lands in court
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AP: "Budget cuts made by Gov. Tim Pawlenty without legislative approval landed in court Monday as a judge weighed whether to temporarily restore money to a food program for the poor amid a challenge to the governor's authority."
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Kathy Hogan Picked As New Fargo ND House Member
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KFYR TV: "A former social services director has been picked for a Democratic seat in the North Dakota House.
Kathy Hogan will represent District 21 in central Fargo. She succeeds Jasper Schneider in the Legislature. He resigned to take an appointment as state director for the U.S. Agriculture Department`s Rural Development agency."
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Appellate practice tip of the week
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Lawyers should keep their e-mail addresses up to date with the State Board of Law Examiners for the most expeditious contact from the Supreme Court. The Supreme Court Clerk's Office is now sending out notices of oral argument, filing, deadlines,
orders, and other correspondence by e-mail rather than U.S. Mail. For a lawyer without an e-mail address, a paper copy of the e-mail will be mailed to the lawyer's street or post office box address.
Other appellate practice tips
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South Dakota Notice of Judicial Vacancy
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The retirement of the Hon. Merton B. Tice, Jr., has created a vacancy in the Circuit Court Judge position in the Seventh Circuit. The Judicial Qualifications Commission is now taking applications for this position.
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| November 15, 2009 |
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The Judges, Referees host The Banquet
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On Nov. 12, judges and referees hosted The Banquet, a weekly meal for people in the community, held at Bismarck's Trinity Lutheran Church. The judges were assisted by court staff, law clerks, family members, juvenile drug court participants, and
Trinity volunteers.
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| November 13, 2009 |
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NOTICE: Supreme Court website will be down on Saturday morning
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The Supreme Court website will be unavailable Saturday morning (Nov. 14) beginning at 4 a.m. to permit upgrades. The site is expected to be back online by Noon.
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N.D. Attorney General issues open meetings opinion: Nov. 13
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Attorney General Wayne Stenehjem has issued an opinion that the Tioga Airport Authority violated the law when it held an executive session during a meeting because it did not follow procedural requirements and because it did not have legal authority
to close the meeting.
A.G. Opinion 2009-O-20
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Court Technology Committee October 16 minutes
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Minutes of the October 16th Court Technology Committee meeting have been posted.
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Pattern Jury Instruction Commission October 1-2 minutes and drafts
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Minutes and draft instructions of the October 1-2 Pattern Jury Instruction Commission meeting have been posted.
Minutes
Draft Instructions
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NAWS lawsuit, construction move forward
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Minot Daily News: "The U.S. Justice Department and North Dakota will file briefs in federal court today in the ongoing lawsuit over the Northwest Area Water Supply project."
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South Dakota: Judge rules smoking ban can go to vote
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Capital Journal: "Citizens have the right to refer South Dakota's expanded smoking ban to a statewide vote, Circuit Judge Kathleen Trandahl ruled Thursday. Now its up to her judgment whether sufficient signatures are valid on the petitions to put the
referendum on the Nov. 2, 2010 ballot."
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W.Va. Supreme Court opts for e-mail privacy
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AP: "The state Supreme Court has ruled that public officials and public employees can keep their personal e-mails private."
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| November 12, 2009 |
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Third Circuit upholds dismissal against Obama
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The dismissal of a lawsuit challenging Barack Obama's eligibility to the presidency on the ground that he is not a "natural born citizen" has been affirmed by U.S. Court of Appeals for the Third Circuit because the plaintiff "lacks standing to bring
this suit because he has suffered no injury particularized to him."
Berg v. Obama opinion text
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Dakota Prairie School kitchen draws appreciative crowd
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G.F. Herald: "When the North Dakota Supreme Court visited Dakota Prairie in October, the justices joined students for lunch and sat with them at the big, black octagonal tables in the lunchroom. On that day, there were sub sandwiches with choices of
pepperoni, ham and turkey (or all three) for filling along with lettuce and tomato slices."
The Supreme Court at Dakota Prairie High School
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Media Coverage: Judge Robert Wefald will not seek reelection in 2010
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Judge Robert O. Wefald's announcement that he will not seek reelection in 2010 received extensive media coverage.
KFYR-TV: Local Judge Plans to Retire
Bismarck Tribune: Wefald to retire after term ends
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Law School as an Investment
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New York Times: "Is law school a good investment?
Not according to a new research paper entitled, 'Mamas Don't Let Your Babies Grow Up To Be . . . Lawyers.'"
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Pennsylvania: New Lawsuits Try to Pierce Shield of Judicial Immunity
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Wall Street Journal: "People who believe they have been wronged by a judge can ask the judge to reconsider, appeal to a higher court or, if they suspect judicial wrongdoing, ask a bar association to investigate.
But one thing people can't generally do is sue. The rationale behind the notion -- called absolute judicial immunity -- is straightforward: Judges shouldn't have to defend themselves in court whenever they issue a ruling that makes someone unhappy."
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Text Messages Can Spell Divorce
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National Law Journal/Law.com: "Divorce lawyers have found a new smoking gun to wave around in court: text messages.
Infidelity, bad parenting or threats -- you name the issue in marital disputes, family law attorneys say, and the evidence can be found in text messages sent over hand-held gadgets."
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Job Announcement
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The North Dakota Court System has posted a job announcement for an Electronic Court Recorder in Jamestown.
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| November 10, 2009 |
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United States Supreme Court issues opinion Nov. 9
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The United States Supreme Court has issued an opinion in a criminal case.
Warden v. Van Hook
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Federal Judge Calls Courtroom Tweets Banned Broadcasts Under Rule 53
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ABA Journal: "A federal judge in Georgia has banned reporters from sending live-action tweets from his courtroom, saying that Twitter is a form of broadcasting and hence prohibited under Rule 53 of the Federal Rules of Criminal Procedure."
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US: From 19th-Century View, Desegregation Is a Test
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New York Times: "If there is a topic Justice Antonin Scalia does not relish discussing, it is how he would have voted in Brown v. Board of Education had he been on the Supreme Court when it was decided in 1954."
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Job Announcement
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The North Dakota Court System has re-advertised a job announcement for a Clerk of District Court II in Fargo.
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| November 9, 2009 |
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Eighth Circuit decides North Dakota Case
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The United States Court of Appeals for the Eighth Circuit has decided a prisoner's suit against North Dakota prison officials.
Norman v. Schuetzle opinion
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High court to look at life in prison for juveniles
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Washington Post: "The Supreme Court on Monday will consider whether sentencing a juvenile to life in prison without the possibility of parole for a non-homicide violates the Constitution's prohibition of cruel and unusual punishment."
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Appellate practice tip of the week
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If you disagree with the facts, point them out up front (not that you will point it out in the argument).
Other appellate practice tips
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Court Improvement Committee to Sponsor Child Welfare Workshops
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Three one-day Regional Child Welfare Workshops are scheduled for December.
The dates and locations are Dec. 1 in Minot, Dec. 2 in Bismarck, and Dec. 3 in Fargo. The free workshops will cover the Fostering Connections Act, family group decision making, and establishing guardianships in deprivation cases.
The workshops are sponsored by the Court Improvement Committee of the North Dakota Supreme Court. Registration deadline is Nov. 16.
Contact Lee Ann Barnhardt, Director of Education, at 328-4251 or lbarnhardt@ndcourts.gov for more information.
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Job Announcement
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The North Dakota Court System has posted a job announcement for a Court Reporter in Minot.
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| November 7, 2009 |
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The Photos: Gov. Hoeven appoints Todd Cresap district judge
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Gov. John Hoeven traveled to Minot to announce Todd Cresap as the new district judge. Here are the photos.
Gov. Hoeven names Todd Cresap new NW District Judge
Minot Daily News: Hoeven names judge
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| November 6, 2009 |
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Judge Robert Wefald will not seek reelection in 2010
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South Central District Judge Robert O. Wefald has advised the Chief Justice that he does not plan to seek reelection in 2010. The former state Attorney General was elected to the district court bench in 1998 and in 2004.
Judge Wefald's letter
Judge Robert O. Wefald biography
Bismarck Tribune: Wefald to retire after term ends
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Obama's First Judicial Nomination Re-Ignites Controversy Ahead of Vote
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Fox News: "The White House has characterized David Hamilton as a moderate judge whose judicial record would avoid a political confirmation war, but some Republicans say he's a liberal jurist with a political agenda."
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U.S Supreme Court November 10 arguments
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Tuesday the United States Supreme Court will hear arguments in a diversity jurisdiction case and in an immigration case.
Hertz Corp. v. Friend
Kucana v. Holder
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| November 5, 2009 |
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2010 Attorney License Fee Statements
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2010 Statements of Attorney License Fees have been mailed. License fees are due on or before Jan. 1, 2010. Lawyers who do not receive a statement by Nov. 13 should contact the Board of Law Examiners by email or telephone (701-328-4201).
Email the Board of Law Examiners
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UK: Judge rules activist's beliefs on climate change akin to religion
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The Guardian: "When Rupert Dickinson, the chief executive of one of Britain's biggest property firms, left his BlackBerry behind in London while on a business trip to Ireland, he simply ordered one of his staff to get on a plane and deliver the
device to him.
For Dickinson's then head of sustainability, Tim Nicholson, the errand was much more than an executive indulgence: it embodied the contempt with which his boss treated his deep philosophical beliefs about climate change."
ABC News: Beliefs on climate like religion, court rules
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U.S. Supreme Court Nov. 9 arguments
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Monday, the United States Supreme Court will hear arguments in two juvenile capital punishment cases and a patent law case.
Graham v. Florida
Sullivan v. Florida
Bilski v. Kappos
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Minnesota lawyers to pay more to fund public defenders
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AP: "The Minnesota Supreme Court is hiking registration fees for lawyers to raise more money for public defenders and legal aid for the poor."
Supreme Court Order
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New Hampshire: Comment decision in high court's hands
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Nashua Telegraph: "The New Hampshire Supreme Court heard arguments Wednesday in a free-speech case that calls into question whether media outlets can protect the identities of anonymous online commenters."
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| November 4, 2009 |
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Joint Procedure Committee Sept. minutes
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The minutes of the Sept. 24-25 Joint Procedure Committee meeting have been posted.
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Montana: Insurers win huge work-comp court battle
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Independent Record: "The Montana Supreme Court Tuesday upheld a state law cutting off worker's-compensation benefits for injured, disabled workers at retirement age."
Mont. Supreme Court opinion
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New York: Judge Allows Constitutional Challenge to Human Gene Patents
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American Lawyer/Law.com: "Opponents of patenting human gene sequences were handed a rare court victory on Monday, when a federal judge refused to dismiss a suit challenging patents for two genes tied to cancers in women."
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| November 3, 2009 |
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North Dakota chief justice takes dim view of TV's Judge Judy
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G.F. Herald: "So, what do you think of Judge Judy?
The subject of the television judge came up when North Dakota Supreme Court justices were visiting Dakota Prairie School at Petersburg, N.D., on Tuesday."
The Supreme Court at Dakota Prairie - The October 27, 2009, photos
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Ralph Erickson new Chief Judge
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United States District Judge Ralph R. Erickson assumed the role of Chief Judge for the District of North Dakota effective November 1.
Ralph Erickson biography
Ralph Erickson lawyer record
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South Dakota Supreme Court Appoints Committee to Study the Use of Interpreters and Translators in the South Dakota Court System
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South Dakota Judicial System: "The South Dakota Supreme Court has appointed a committee to study the use of interpreters and translators in the South Dakota court system. The purpose of the committee will be to examine how interpreters are used in
the South Dakota court system and to provide a report and make recommendations to ensure the meaningful access to the judiciary by those diverse persons who appear in and utilize our courts."
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U.S.: Supreme Court Cautious in Question of Regulating Mutual Fund Fees
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National Law Journal/Law.com: "The U.S. Supreme Court appeared wary Monday of second-guessing the fees that mutual funds pay to the investment advisers who run them. The Court heard oral arguments in Jones v. Harris Associates, a closely watched case
that could have major impact on the fee structure in the nation's $10 trillion mutual fund industry. "
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| November 2, 2009 |
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Statehood Day in North Dakota
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North Dakota is 120 years old today. The State was admitted to the Union on this date in 1889. The first Justices of the Supreme Court were (l-r) Joseph Bartholomew, Alfred
Wallin, and Guy C. H. Corliss. Corliss, at age 31, was the first Chief Justice.
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Governor to name new NW district judge today
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Gov. John Hoeven will hold a news conference today at the Ward County Courthouse to announce his appointment to the Northwest District Court judgeship.
Committee names finalists for Northwest judgeship
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The Supreme Court in the Schools
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The Supreme Court was on the road October 26-29, visiting schools in the northeast corner of the state and hearing five appeals.
The Court at the Adama-Edmore School October 26: The photos
The Court at Dakota Prairie School October 27: The photos
The Court at the UND School of Law October 28-29: The photos
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A.G. "Art" Bunker 1927-2009
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Former N.D. Speaker of the House A.G. 'Art' Bunker, 82, died Oct. 31, in Fargo. The longtime Fargo legislator was a major benefactor of N.D.S.U. Services are pending.
Fargo Forum: Fargo loses `statesman' Ardis "Art" Bunker
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Eriksmoen: 1906 saw one of North Dakota's nastiest campaigns
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Fargo Forum: "One of the meanest and dirtiest campaigns in North Dakota politics took place in 1906 when Alexander McKenzie's powerful political machine set out to defeat a candidate for the state Supreme Court."
Justice John Knauf biography
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U.S. Supreme Court Nov. 4 arguments
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Wednesday, the United States Supreme Court will hear arguments in a prosecutor's immunity case and a death penalty case.
Pottawattamie County, IA v. McGhee
Wood v. Allen
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Appellate practice tip of the week
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Avoid "legalese." Don't use "pursuant to," "hereinafter," "herein." Never use "said" as an adjective or an article. Clear language—not pompous or ponderous language—is most effective.
Other appellate practice tips
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Gov. Hoeven names Todd Cresap new NW District Judge
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Gov. John Hoeven today appointed Minot lawyer Todd L. Cresap, 48, to the new District Judgeship in the Northwest Judicial District, chambered in Minot, effective January 1, 2010. Hoeven made the announcement at a news conference at the Ward County
Courthouse Monday.
Todd L. Cresap lawyer record
Minot Daily News: Hoeven names judge
Governor's News Release: Hoeven Names Cresap To Northwest Judicial District
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Job Announcement
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The North Dakota Court System has posted a job announcement for a Court Reporter in Grand Forks.
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Go to earlier News
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