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Thursday, December 13, 2018
Tomorrow at the Court
9:00 am Interest of E.S.
10:00 am Larson v. Tonneson
11:00 am State v. Pittenger
1:30 pm Interest of P.T.D.
1:30 pm Interest of C.R.D.
1:30 pm Interest of P.A.D.
1:30 pm Interest of P.P.D.
1:30 pm Interest of N.A.D.
2:45 pm State v. Powley
New Opinion: Dec. 11
The Supreme Court posted a new opinion on Dec. 11.
Gene W. Allen 1956-2018
Gene W. Allen Gene W. Allen, 62, of Beach died Sept. 2. A UND School of Law graduate, he practiced law in Minnesota and North Dakota. He was also the founder of the Fargo/Moorhead Red Hawks baseball team.
8th Circuit decides N.D. case
U.S. Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit has affirmed the dismissal of fraud claims made against a company that built a pipeline in North Dakota.
  • Olin v. Dakota Access, LLC
  • Attorneys provide free legal advice to low-income ND vets
    Public News Service: "Attorneys in North Dakota are providing free legal advice on civil matters to low-income veterans once a month. The free clinics are part of a medical-legal partnership that's seen as a key component to veterans' health."
    S.D.: Judge works to free people from addiction
    KELO News: "Most judges put people in prison, but this one is working to set people free from addiction. Drug Court started in January of 2011, and is a way to keep people out of prison and to get them the help they need."
    Montana court overrules Attorney General on easements
    Montana State Seal Flathead Beacon/AP: "The Montana Supreme Court has overruled Attorney General Tim Fox's legal opinion that the governor can't unilaterally approve large conservation easements."
    Court participants asked to take part in Minnesota judicial survey
    Brainerd Dispatch: "The Minnesota Judicial Branch launched a four-month effort to survey court participants and stakeholders in each of the state's district courthouses."

    North Dakota
    December Term of Court
    North Dakota Supreme Court
    The December Term of Court has been posted, including issues and briefs.
    Committee on Trial Court Operations Dec. 19 agenda
    The agenda for the Dec. 19 meeting of the Committee on Trial Court Operations and the committee's Sept. 26 minutes have been posted.
    Court adopts amendments to procedural rules
    The Supreme Court has adopted amendments to the Rules of Civil Procedure, Criminal Procedure, Appellate Procedure, Evidence, Court, and the Administrative Rules. The amendments take effect March 1, 2019.
    Lawyer licenses expire Dec. 31
    The State Board of Law Examiners reminds lawyers that 2018 licenses to practice law in North Dakota expire December 31, 2018, regardless of when the 2018 license fee was paid. Lawyers should watch their mail for the 2019 billing in the coming weeks and promptly pay the fee by check or money order.
    Pro hac vice payment reminder
    Under Rule 3, Admission to Practice rules, if you continue to appear in 2019 in a North Dakota proceeding for which you have already filed a motion for pro hac vice admission, you are required to pay a fee of $380 by Jan. 1, 2019.
    Administrator sets 2019 judgment interest rate
    The North Dakota State Court Administrator has set the judgment interest rate for 2019 at 8.50 percent. The administrator is required by law to annually determine the judgment interest rate prior to Dec. 20. The rate will be applied to all judgments entered in 2019.
    Court adopts changes to rule on judicial referees
    The Supreme Court has adopted amendments to N.D. Sup. Ct. Admin. R. 13 regarding the scope of duties delegable to judicial referees. The amendments take effect Jan. 1.
    Court approves new rule on specialized dockets
    The Supreme Court has approved new Administrative Rule 60, which creates "an interdisciplinary committee on specialized dockets." The new rule takes effect Jan. 1, 2019.
    Court amends judicial education rule
    The Supreme Court has issued an amended order of adoption for N.D. Sup. Ct. Admin. R. 36 on judicial education. In the amended order, the Court changed the effective date for the rule amendments from Dec. 1, 2018, to July 1, 2020.
    Legal community supports Santa Run
    Santa Run 2018 The 5th annual Santa Run was held on Dec. 8 at the North Dakota Heritage Center. The event is designed to raise awareness of addiction issues in the community and to raise money for entities assisting individuals in recovery.
    N.D. Attorney General opinions: Dec. 10-11
    N.D. Attorney General Wayne Stenehjem Attorney General Wayne Stenehjem issued nine new open records and meetings opinions Dec. 10-11.
    North Dakota's chief federal judge to take senior status
    KFGO News: "North Dakota's only full time federal judge says he will go into semi-retirement next year. Chief U.S. District Judge Daniel Hovland tells KFGO News that he wrote a letter to inform President Trump that he plans to take senior status on his 65th birthday."
    Governor's Budget: Looking at adding to Justice Reinvestment
    KFYR News: "A recent department of corrections report said North Dakota had the nation's fastest growing prison population. Gov. Doug Burgum signed a justice reinvestment bill into law in April 2017 in an effort to treat some criminals instead of incarcerating them over and over."

    Federal
    U.S. Supreme Court opinion: Dec. 10
    United States Supreme Court building The United States Supreme Court has issued an opinion in a case on what constitutes a "violent felony" supporting sentence enhancement under the federal Armed Career Criminal Act.
  • United States v. Stitt

  • Minnesota
    Minnesota Icon: Helen Meyer
    Finance and Commerce: "During the 10 years Justice Helen Meyer spent on the Minnesota Supreme Court between 2001 and 2011, she was involved in several high-profile cases that enabled her to have a lasting impact."
    How a Minnesota county found alternatives to jail
    Crime Report: "It's been five years since Renita Syas was booked into the St. Louis County Jail in Duluth, Minn. She spent three weeks and a day in custody - a stay that doesn't exactly stand out in the daily churn of the county lock-up - but it was enough for the Duluth woman to decide she was never coming back."
    MN court says cops can't stop driver just because windshield is cracked
    Minnesota Great Seal MPR News: "If you're driving with a crack in your windshield, is it legal for a police officer to stop you just because it's cracked? 'No,' the court said in its review of the case of James Poehler, who was stopped in 2016 by Cambridge, Minn., police officer Mathew Giese because of the windshield."
  • Opinion Link: State v. Poehler

  • South Dakota
    S.D.: Sioux Falls lawyer Jonathan Kobes wins confirmation
    Sioux Falls Argus Leader: "A Sioux Falls lawyer nominated by President Donald Trump to serve on the Eighth Circuit Court of Appeals won Senate confirmation Tuesday."

    Montana
    Ninth Circuit looks at Montana disclosure law
    Courthouse News Service: "The Ninth Circuit on Friday reviewed a Montana law prohibiting public disclosure of ethics complaints filed against government officials until after they have been decided."

    Other Jurisdictions

    Job Announcements
    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 a Chief Assistant State's Attorney for McKenzie County in Watford City has been posted.
    Job Announcement
    A job announcement for a Legal Assistant II with the Commission on Legal Counsel for Indigents in Dickinson has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney II for Burleigh County in Bismarck has been posted.
    Job Announcement
    A job announcement for a Deputy Recorder/Clerk of Court for Grant County in Carson has been posted.
    Job Announcement
    A job announcement for Contract Attorneys with the Commission on Legal Counsel for Indigents in the Southeast Judicial District has been posted.
    Job Announcement
    A job announcement for a Temporary Dual Status Youth Initiative Coordinator with the Office of the State Court Administrator in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Grand Forks County in Grand Forks has been posted.
    Job Announcement
    A job announcement for an Assistant Attorney General for the University System in Grand Forks has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Ward County in Minot has been posted.
    Job Announcement
    A job announcement for an Attorney II (Public Defender) with the Commission on Legal Counsel for Indigents in Watford City has been posted.

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