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Monday, July 25, 2016
Tomorrow at the Court
ND Children's Justice Symposium - Bismarck
New Opinion: July 25
The Supreme Court posted a new opinion on July 25.
Appellate practice tip of the week
If you disagree with the other party's statement of facts, point out the disagreements in your statement of facts. Don't just say you will point them out in the argument section of your brief.
  • Other appellate practice tips
  • September Term of Court
    North Dakota Supreme Court
    The September term of court has been posted, including issues and briefs.
    Joint Procedure Committee May 12-13 minutes
    The minutes of the Joint Procedure Committee's May 12-13 meeting have been posted.
    Children's Justice Symposium set
    Jamestown Sun: "Professionals who work with children and families are invited to attend the North Dakota Children's Justice Symposium Tuesday through Thursday at the Best Western Ramkota Hotel in Bismarck.The symposium features workshops on topics including strategies and resources for serving children and families more effectively and enhancing collaboration and child welfare leadership."
    Despite similar work, North Dakota's public defenders paid thousands less than prosecutors
    Bismarck Tribune: " In the courtroom, public defenders and prosecutors are equals. But in North Dakota, that spirit of parity doesn't extend to their paychecks, according to a salary survey by the state commission that oversees public defenders. The survey revealed that supervising attorneys in public defender offices earn an average of $32,000 less than state's attorneys and nearly $12,000 less than senior assistant state's attorneys."
    Known for humor and tax expertise, longtime legislative attorney Walstad retiring
    John Walstad Dickinson Press: "As he counted down the days to retirement, John Walstad summed up his 35 years of drafting bills for North Dakota lawmakers with the dry wit that endeared him to so many in the Capitol. 'I do what I understand they want, as best I can,' he said, 'and then I hand it to them and say, 'OK, it's your problem now.'"
    S.D.: Court agrees insurance company doesn't owe shooting victim
    Rapid City Journal: "The South Dakota Supreme Court has agreed insurance benefits weren't owed to a young man who had been shot in the head with a handgun by another student. The incident occurred while they were in the shooter's pickup truck in the Britton-Hecla High School parking lot three years ago."
  • Opinion Text: Heitman v. American Family Ins. Co.

  • North Dakota
    Big Muddy Bar hosts The Banquet in Bismarck
    The Banquet serving line The Big Muddy Bar Association hosted the Banquet at Trinity Lutheran Church in Bismarck July 21. The Banquet is a community event, hosted by various groups and served each week on Thursday evening. There is no cost to the guests, many of whom attend because they are lonely or appreciate the gift of a meal. Here are the photos.
    North Dakota School-Justice Symposium to be held in Bismarck on Aug. 9
    The North Dakota Supreme Court, Bismarck Public Schools and the North Dakota Juvenile Justice State Advisory Group are sponsoring a symposium for schools, courts, law enforcement and other community partners on keeping kids in school on Aug. 9 at Legacy High School in Bismarck.
    Court adopts amendments to administrative rules
    The Supreme Court has adopted amendments to two Administrative Rules: Rule 6.1 on administrative units and Rule 46 on the duties and appointment of the district court clerk. The amendments clarify oversight of work performed by county-employed clerks of court and take effect August 1.
    Court adopts amendments on limited scope representation
    The Supreme Court has adopted amendments to N.D.R.Civ.P. 11 on signing of pleadings, motions and other papers; N.D.R.Ct. 11.2 on withdrawal of attorneys; and N.D.R. Prof. Conduct 1.2 on scope of representation. The amendments are intended to facilitate increased use of limited scope representation and take effect August 1.
    Counties propose shared budget for combined jail
    Bismarck Tribune: "The funding of operations at a new combined jail will be divided with Morton County providing 26 percent of costs and Burleigh County providing 74 percent of the $7.5 million shared budget for 2017. The shared operation budget will kick in after March 31, when four of the five jail pods are scheduled to open."

    Federal

    Minnesota
    Minn.: Appeals court says Moorhead man can withdraw guilty plea
    KFGO News: "The Minnesota Court of Appeals has ordered a new trial for a Moorhead man who sexually assaulted a pregnant woman and held her against her will. In 2013, Jesse Paskey was sentenced to 25-1/2 years in prison for criminal sexual conduct. Three other charges including kidnapping and assault were dismissed."
  • Opinion Text: Paskey v. State

  • South Dakota
    S.D. high court: Ranchers should collect on storm-drowned cattle
    Sioux City Journal: "The state Supreme Court says a Quinn family should collect insurance for cattle that drowned during the autumn 2013 blizzard that devastated western South Dakota ranchers. The high court in an opinion released Thursday ruled that Richard and Lorayna Papousek's insurance covers 93 yearling heifers that died in the October 2013 storm under a drowning provision."
  • Opinion Text: Papousek v. De Smet Farm Mutual Ins. Co.

  • Montana

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for an Attorney II (Public Defender) with the Commission on Legal Counsel for Indigents in Williston has been posted.

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