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Friday, February 24, 2017
Today at the Court
10:00am Administrative Council - Bismarck
New Opinion: Feb. 23
The Supreme Court posted a new opinion on Feb. 23.
March Term of Court
North Dakota Supreme Court
The March term of court has been posted, including issues and briefs.
Pattern Jury Instruction Commission March 2 agenda
The agenda for the March 2 meeting of the Pattern Jury Instruction Commission and the commission's Oct. 6 minutes have been posted.
Court seeks comment on proposed rule amendments
The Supreme Court has issued a Notice of Comment regarding rule amendments proposed by the Joint Procedure Committee in response to the Marsy's Law constitutional amendment, N.D. Const. Art. I, Section 25. Comments are due March 24.
U.S.: Supreme Court rules in favor of death row inmate
United States Supreme Court building CNN: "The Supreme Court ruled Wednesday in favor of a death row inmate in Texas whose own lawyers introduced evidence at trial that he was more likely to be dangerous in the future because he is black."
Maryland's assault weapons ban upheld by US appeals court
Associated Press: "Maryland's ban on 45 kinds of assault weapons and its 10-round limit on gun magazines were upheld Tuesday by a federal appeals court in a decision that met with a strongly worded dissent."
  • Opinion Text: Kolbe v. Hogan
  • Nation: Law firms must manage cybersecurity risks
    ABA Journal: "It's another busy day at the office when you receive an email with an attached memo. You don't remember asking for the memo, but you download the attachment anyway. Alarm bells! It's not an attachment. It's malware."

    North Dakota
    Court seeks comment on NEJD vacancy
    The Supreme Court has issued a Notice of Consultation regarding the vacancy in Judgeship No. 2 in the Northeast Judicial District with chambers in Rugby. Comments on whether the judgeship should be retained, moved, or eliminated are due March 17.
    Court seeks comment on SEJD vacancy
    The Supreme Court has issued a Notice of Consultation regarding the vacancy in Judgeship No. 1 in the Southeast Judicial District with chambers in Jamestown. Comments on whether the judgeship should be retained, moved, or eliminated are due March 24.
    February bar examination begins
    Forty-one applicants began sitting for the North Dakota bar exam on Tuesday, Feb. 21. 70% of the test takers are graduates of the University of North Dakota School of Law. The exam concludes on Wednesday, Feb. 22.
    Administrative Council Feb. 24 agenda
    The agenda for the Feb. 24 meeting of the Administrative Council and the council's Dec. 9 minutes have been posted.
    Court amends rules of procedure effective March 1
    The Supreme Court has adopted amendments to the N.D. Rules of Civil Procedure, Criminal Procedure, Juvenile Procedure, Appellate Rules, Rules of Court and Administrative Rules effective March 1.
  • Synopsis of Amendments as Adopted
  • Court adopts amendments to lawyer discipline rules
    The Supreme Court has adopted amendments to the Rules for Lawyer Discipline. The amendments take effect March 1.

    Federal
    U.S. Supreme Court opinions: Feb. 22
    United States Supreme Court building The United States Supreme Court has issued opinions in an Individuals with Disabilities Education Act case, a genetic testing patent case, and a death penalty case that involved expert testimony based on racial stereotypes.
  • Fry v. Napoleon Community Schools
  • Life Technologies Corp. v. Promega Corp.
  • Buck v. Davis
  • U.S. Supreme Court weighs rights of Mexican family in Border Patrol shooting
    Houston Chronicle: "A divided Supreme Court weighed a civil rights case Tuesday stemming from the death of a 15-year-old Mexican boy who was killed by a U.S. Border Patrol Agent firing a pistol across the border from El Paso."

    Minnesota
    New study shows how Legal Aid secures millions of dollars for Minnesota every year
    Crookston Times: "Minnesota Legal Services Coalition has released a report to inform policy makers and other stakeholders about the economic benefits of civil legal aid in Minnesota. This study, based on 2014 data, shows that legal aid programs have generated nearly $112 million in revenue."

    South Dakota
    S.D.: Salute to court reporters - the silent witnesses to history
    Rapid City Journal: "Kayla Maruska isn't complaining, but she can't wait until another court reporter comes along who's younger than she is. Colleagues have been calling her 'baby' because, at 29 and about to have her first child, she's the youngest in Rapid City."
    S.D.: Fired by sister-in-law, brother gets second chance at severance pay lawsuit
    South Dakota Great Seal Legal News Line: "The South Dakota Supreme Court has granted a man the chance to prove he had an agreement with his terminally ill brother that included a $100,000 severance payment if he was fired by his sister-in-law."
  • Opinion Text: Knigge v. BL Food Stores

  • Montana
    Mont.: Flags ordered at half-staff in honor of Karla Gray
    Justice Karla Gray Great Falls Tribune: "Gov. Steve Bullock ordered Monday for flags throughout the state to be flown at half-staff in honor of Karla Gray, the first female to serve as chief justice of the Montana Supreme Court who died Sunday."

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a prosecutor to provide assistance to Morton County in the Dakota Access Pipeline protest cases has been posted.
    Job Announcement
    A job announcement for a Temporary Attorney (Public Defender) with the North Dakota Commission on Legal Counsel for Indigents in Minot has been posted.

    Supreme Court - Judicial Wing, First Floor - State Capitol - Bismarck, ND 58505-0530
    701-328-2221 - Fax 701-328-4480 - TTY 800-366-6888 - http://www.ndcourts.gov/
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