Opinions

In the Matter of Finstad (CONFIDENTIAL) 874 N.W.2d 910
Docket No.: 20130051
Filing Date: 6/26/2018
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Transferred to incapacity to practice law status.

Interest of K.S.D. (CONFIDENTIAL) (consolidated with 20170273) 904 N.W.2d 479
Docket No.: 20170272
Filing Date: 5/7/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court's decision to terminate parental rights in an ICWA case must be supported by evidence beyond a reasonable doubt, including qualified expert testimony, on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

Interest of P.T.D. (CONFIDENTIAL)(cons. w/ 20170069 - 20170072) 903 N.W.2d 83
Docket No.: 20170068
Filing Date: 4/10/2018
Case Type: Appeal - Civil - Juvenile Law
Author: Jensen, Jon J.

Highlight: When the juvenile court makes insufficient findings of fact, this Court may remand with instructions requiring the juvenile court to make additional findings of fact.

Disciplinary Board v. Varriano 872 N.W.2d 338
Docket No.: 20150342
Filing Date: 4/10/2018
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reinstatement ordered.

Disciplinary Board v. Foster (Consolidated w/ 20160404-20160434) 894 N.W.2d 378
Docket No.: 20160403
Filing Date: 1/4/2018
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Petition to Permit Temporary Provision of Legal Services 920 N.W.2d 908
Docket No.: 20160436
Filing Date: 10/16/2017
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Order on petition for temporary lawyer practice.

O'Hara v. Schneider 890 N.W.2d 831
Docket No.: 20160318
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: Where the initial order establishing primary residential responsibility or parenting time included consideration of a pattern of domestic violence, a new domestic violence act by the same parent satisfies the "material change" prong as a matter of law.
When the original order establishing primary residential responsibility or parenting time is based on a stipulated agreement, district courts retain limited discretion to decide whether to consider relevant pre-custody evidence only if the previous judge issued court-made findings on such evidence.
In cases in which a party alleges domestic violence, the analysis requires consideration of the domestic violence factor under either N.D.C.C. § 14-09-06.2(1)(j) or N.D.C.C. § 14-09-29, depending on whether the case involves residential responsibility or parenting time, before turning to the additional best interests factors under § 14-09-06.2.
Any domestic violence negatively impacts the best interests of the children, regardless of whether the domestic violence was between the parents rather than directed at the children.

Interest of Nelson 889 N.W.2d 879
Docket No.: 20160113
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Kapsner, Carol

Highlight: For civil commitment as a sexually dangerous individual, substantive due process requires proof that the individual has serious difficulty controlling his behavior.
The district court must specifically state the facts on which it relied to determine that an individual has serious difficulty controlling his behavior.

Curtiss v. Curtiss 886 N.W.2d 565
Docket No.: 20160064
Filing Date: 3/20/2017
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: The district court may conduct the best interest analysis for each individual child before ordering modification of parenting time.
The district court must provide a detailed demonstration of the harm to a child's physical or emotional health when it determines suspending the parenting time of a non-custodial parent is in the best interests of the child.

Wojahn v. Levi 861 N.W.2d 173
Docket No.: 20140315
Filing Date: 2/16/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A district court judgment affirming a Department of Transportation hearing officer's decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7).