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Friday, January 20, 2017
Monday at the Court
9:30am State v. Friesz
1:30pm Roe v. State
2:45pm A. R. Audit Services, Inc. v. Tuttle
Waived Chatman v. State

4:00pm Judicial Conference Legislative Committee - Bismarck
New Order Jan. 18
The Supreme Court posted a new order on Jan. 18.
Two finalists named for Northwest judge vacancy
NWJD Vacancy Finalists Benjamen J. Johnson of Tioga and Deanna F. Longtin of Williston have been named by the Judicial Nominating Committee as finalists to fill the Northwest Judicial District vacancy created by the resignation of District Judge David Nelson.
Rolette County Courthouse closed to public
The Rolette County Courthouse has been closed to the public for security reasons. Rolette County court staff remain at work and can be reached by telephone or e-mail.
  • Rolette County Clerk of Court Contact Information
  • The Third Branch: This Week on the Hill
    North Dakota Capitol For Jan. 23-27, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted.
  • 65th Legislative Assembly
  • ECJD, SEJD host Bill of Rights exhibit
    The East Central and Southeast Judicial District Courts are hosting a new traveling pop-up exhibition from the National Archives, The Bill of Rights and You, commemorating the 225th anniversary of the ratification of this landmark document.
    Minn.: Friends, clients mourn Indian-rights lawyer Larry Leventhal
    MPR News: "Longtime Twin Cities civil rights attorney Larry Leventhal died this week of pancreatic cancer. Leventhal, 75, was one of the nation's most prominent experts on American Indian treaty rights and a committed advocate for American Indian civil rights."
    Mont.: High court rejects murderer's plea for lesser charge
    Montana State Seal Billings Gazette: "The Montana Supreme Court affirmed the deliberate homicide conviction of a man who killed a law enforcement informant in 2012."
  • Opinion Text: State v. Stark
  • Job Announcement
    A job announcement for a Legal Secretary with the Stark County State's Attorney's Office in Dickinson has been posted.

    North Dakota
    Investiture of Judge Troy LeFevre - The January 13, 2017, photos
    Judge LeFevre and his wife Wenda Judge Troy LeFevre was formally installed as a judge of the Southeast Judicial District in an investiture ceremony on Jan. 13 at the Stutsman County Courthouse in Jamestown. He won election to replace Judge Thomas Merrick, who retired Dec. 31, 2016. Here are the photos.
  • Judge LeFevre Biography
  • Jerome J. Mack 1926-2017
    Jerome J. Mack Longtime Grand Forks attorney Jerome "Jerry" J. Mack, 90, died Jan. 13. He graduated from the U.N.D. School of Law and was admitted to the bar in 1957. Funeral services are at 1:30 p.m. Wednesday, Jan.18, in Holy Family Catholic Church, Grand Forks.
  • Jerome J. Mack Attorney Record
  • Funeral Home
  • Thomas F. Murtha 1934-2017
    Longtime attorney Thomas F. Murtha, 82, of Dickinson, died Jan. 15. He was admitted to the N.D. bar in 1966 after law office study and was still a licensed attorney at the time of his death. Funeral services will be at 10 a.m., Tuesday, Jan. 24, at Queen of Peace Catholic Church in Dickinson.
  • Thomas F. Murtha Attorney Record
  • Funeral Home
  • Appellate practice tip of the week
    Avoid repetitious arguments.
  • Other appellate practice tips
  • Joint Procedure Committee Jan. 26-27 agenda
    The agenda for the Jan. 26-27 meeting of the Joint Procedure Committee and the committee's Sept. 29-30, 2016, minutes have been posted. The committee continues to seek comment on proposed amendments to N.D.R.Civ.P. 26 related to expert disclosures and reports.
  • Request for comment on proposed discovery rule change
  • The Third Branch: This Week on the Hill
    North Dakota Capitol For Jan.16-20, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted.
  • 65th Legislative Assembly
  • 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.
    Three felons with North Dakota ties receive clemency from President Obama
    G.F. Herald: "Three drug offenders with North Dakota ties had their sentences commuted or pardoned by President Barack Obama on Tuesday in his latest round of such measures that have largely been taken for nonviolent drug offenders."
    N.D. may end life without parole sentences for juveniles
    Bismarck Tribune: "A bill heard Wednesday by the House Judiciary Committee would cap the maximum sentence for anyone under 18 at life in prison with the chance to go before a parole board."

    Federal
    U.S. Supreme Court opinion: Jan. 18
    United States Supreme Court building The United States Supreme Court has released an opinion in a case on federal court jurisdiction to sue the Federal National Mortgage Association.
  • Lightfoot v. Cendant Mortgage Corp.
  • U.S.: Justices raise doubts over law barring offensive trademarks
    ABC News/AP: "In a First Amendment clash over a law barring offensive trademarks, the Supreme Court on Wednesday raised doubts about a government program that favors some forms of speech but rejects others that might disparage certain groups."
    U.S.: Justice Department announces department-wide procedures for eyewitness identification
    U.S. Dept. of Justice seal News Release: "Deputy Attorney General Sally Q. Yates announced [Jan. 6] that the Justice Department is issuing, for the first time, department-wide procedures on eyewitness identification."
    U.S.: Congress tries to put cameras in the courtroom - again
    SCOTUSblog: "For the fourth time in as many Congresses, a bill has been introduced to compel the Supreme Court to televise its proceedings. Earlier versions of the bill, which was sponsored in the House of Representatives by members from both sides of the aisle, have failed to become law."

    Minnesota
    Minn.: Court upholds order for fingerprint to unlock cellphone
    Rochester Post Bulletin/AP: "The Minnesota Court of Appeals says that a man's right against self-incrimination was not violated when a judge ordered him to provide his fingerprint to unlock a cellphone."
  • Opinion Text: State v. Diamond
  • Appeals court upholds provisional release of man from Minnesota Sex Offender Program
    Minnesota Great Seal MPR News/AP: "The state Court of Appeals upheld a judicial panel's decision to provisionally release a man from the Minnesota Sex Offender Program, saying Tuesday that the evidence supports the panel's findings, despite conflicting expert opinions on the matter."
  • Opinion Text: Matter of Lee

  • South Dakota
    From South Dakota to the Supreme Court
    Sioux Falls Argus Leader: "[F]ew - if any - South Dakotans have as much insight on the Court as Jim Ligtenberg. He's only 33, but Ligtenberg is on track to be among the greatest legal minds ever produced by the state."
    S.D.: Ruling could fast track case to U.S. Supreme Court
    Sioux Falls Argus Leader: "A federal judge on Tuesday ordered that a lawsuit requiring out-of-state Internet companies to remit sales taxes to the South Dakota Department of Revenue should be heard in state court."
    Report: Criminal justice reform could save Montana $70M
    KTVH News: "A new report from a national nonprofit organization says reforms to Montana's criminal justice system could save the state nearly $70 million by 2023."

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a Legal Assistant for the Wells State's Attorney office in Fessenden 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 U.S. Attorney with the United States Attorney's Office in Fargo has been posted.
    Job Announcement
    A job announcement for a Temporary Investigator with the Office of Disciplinary Counsel in Bismarck has been posted.
    Job Announcement
    A job announcement for a Law Clerk with the District Court in the Northeast Judicial District has been posted.
    Job Announcement
    A job announcement for a Temporary Law Clerk with the Burleigh County State's Attorney Office in Bismarck has been posted.
    Job Announcement
    A job announcement for a DUI Court Coordinator with the Richland County State's Attorney Office in Wahpeton has been posted.
    Job Announcement
    A job announcement for a DUI Court Surveillance Officer with the Richland County State's Attorney Office in Wahpeton has been posted.
    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 an Indigent Defense Contractor with the North Dakota Commission on Legal Counsel for Indigents in Williston has been posted.

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