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Judicial Conference Meeting

Scheduled on Monday, November 21, 2005 @ 10:00 AM

Agenda
North Dakota Judicial Conference
November 21-22, 2005
Bismarck, North Dakota

Monday, November 21, 2005

10:00 a.m. Judicial Conference Convenes

 Call to Order
 Hon. Mary Muehlen Maring
 Chair, Judicial Conference

 Roll Call
 Sally A. Holewa
 Executive Secretary, Judicial Conference

10:15 a.m. Overview of the Indian Child Welfare Act (ICWA)
(1.75 CJE Credit Hours*)
 Hon. BJ Jones
 Chief Judge, Sisseton-Wahpeton Oyate Court
 Director, Tribal Judicial Institute
 UND Law School
 Grand Forks, ND

ICWA, which was adopted by Congress in 1978, applies to child custody proceedings in state courts involving "Indian" children--children of Native American ancestry. The provisions of the ICWA represent a dramatic departure from the procedural and substantive laws that most states have enacted to govern child custody proceedings. Because Indian children are treated uniquely in the legal system, and because there is an increasing number of court proceedings involving Indian children, the need for lawyers to understand the ICWA is fast becoming imperative. The session will cover the applicability of ICWA to state court proceedings, jurisdictional issues, notice and transfer of jurisdiction issues, and the applicability of ICWA in voluntary placements and adoptions.


12:00 p.m. Lunch

1:00 p.m. Putting the “Our” in Courts: Native American Perspective of Liberty and Justice for All (1.25 CJE Credit Hours*)

Cheryl Long Feather
 Research Director
 United Tribes Technical College
 Bismarck, ND

This session will describe a Native American perspective of the concepts of justice, courts, legal decisions, and roles and responsibilities of the court in the context of the historical relationship between Natives and justice. Using a cultural competence approach, the session will also provide some recommendations for acquiring skills and providing an understanding of the difference. The purpose of the session is to improve relationships, functionality, and overall understanding.

2:15 p.m. Break

2:30 p.m. “God is a Judge, Satan is an Advocate": The Theater of Trial in Unsworth's MORALITY PLAY (2.5 CJE Ethic Hours*)

 Paul A. LeBel
 Dean and Professor of Law
 UND School of Law
 Grand Forks, ND

5:00 p.m. Adjourn

6:00 p.m. Reception and Dinner in Honor of Ted Gladden

Tuesday, November 22, 2005

7:30 a.m. North Dakota Judges Association Breakfast Meeting

8:30 a.m. Reconvene Judicial Conference

 Co-Occurring Mental and Substance Abuse Disorders
 (3.25 CJE Credit Hours*)

 Hon. Karen K. Braaten Presiding Judge
 Northeast Central Judicial District

 Grand Forks
 Andy McLean, M.D.
 Medical Director
 Southeast Human Service Center
Fargo, ND

The issues in many cases involve alcohol and other drug addictions. Some persons with alcohol and other drug addictions also suffer from major mental health disorders. Judges should have a thorough understanding of substance abuse, mental health, and co-occurring disorder issues as they affect the justice system. After this course, participants will be able to describe the physiological and pharmacological aspects of substance abuse and identify and assess individuals with major mental disorders.

10:00 a.m. Break

10:15 a.m. Co-Occurring Mental and Substance Abuse Disorders, Continued

 Hon. Karen K. Braaten and Andy McLean, M.D.

12:00 p.m. Lunch
 Presentation to Retired Judges
Hon. Bruce B. Bohlman
 Hon. Gary A. Holum
 Hon. Lawrence A. Leclerc
 Honorable William A. Neumann

1:00 p.m. Business Meeting
 Committee Reports
 New Business
 For the Good of the Order
 Adjourn