News from the N.D. Supreme Court

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North Dakota Supreme Court News

January 3, 2017

Appellate practice tip of the week
To help maintain privacy, do not include children's names in briefs in family law cases and most other cases. Children can be referred to by initials or descriptive phrases such as "the child," "the younger child," or "the older daughter."
- See N.D.R.App.P. 14
- Other appellate practice tips

The Third Branch: This Week on the Hill
For Jan. 3-6, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted.
- 65th Legislative Assembly

'Not Licensed to Practice' list being updated
Please note that the online "Not Licensed to Practice" list is not current at this time and should not be relied upon to verify current licensure of an attorney. To verify licensure of an attorney, please refer to the Lawyers Directory or contact the Board of Law Examiners directly.

Courthouses closed due to weather
The Benson, Eddy, Foster, Grand Forks, Nelson, Pembina and Wells County courthouses are closed today, Jan. 3. Court is canceled in Dickey County. The Morton and Walsh County courthouses will open at 10 a.m.

Newest justice says background, tech experience valuable to high court
Bismarck Tribune: "Southeast Judicial District Court Judge Jerod Tufte says, as he takes on his position as a member of the state's highest court, his previous experience as a judge and prosecutor will lend valuable insight into the complex cases that come before it."
- Justice Tufte Biography

North Dakota's longest-serving state's attorney currently in office retires
Dickinson Press: "Stuart Larson remembers watching episodes of 'Perry Mason' when he was young. When he saw the show about a defense attorney defending falsely accused suspects, Larson said he knew he wanted to grow up to be a lawyer."
- Stuart Larson Attorney Record

N.D. Attorney General opinion: Dec. 30
Attorney General Wayne Stenehjem has issued an opinion that, if an accident report involves a crime and a victim has affirmatively asserted their rights under Marsy's law, certain contact information may be protected.

U.S.: Roberts praises lower court judges in annual SCOTUS report
NBC Montana News: "Chief Justice John Roberts devoted his annual report on the state of the judiciary Saturday to the role of lower court judges who he called 'selfless, patriotic and brave individuals.'"

Appeals court: Minnesota sex offender program constitutional
Associated Press: "Minnesota's program for keeping sex offenders confined after they complete their prison sentences is constitutional, a federal appeals court ruled Tuesday, reversing a lower-court judge who said it violates offenders' rights because hardly anyone is ever released."
- Opinion Text: Karsjens v. Piper

Job Announcement
A job announcement for a Temporary Law Clerk with the Burleigh County State's Attorney Office in Bismarck has been posted.

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North Dakota Supreme Court News

January 4, 2017

Investiture ceremony for Judge Blumer set for Jan. 5
A formal investiture ceremony for Southeast Judicial District Judge-elect Mark Blumer will be held at 2:30 p.m. on Thursday, Jan. 5, 2017 at the Barnes County Courthouse in Valley City.

Joint Procedure Committee seeks comment on proposed discovery rule change
The Joint Procedure Committee is seeking comment on proposed amendments to N.D.R.Civ.P. 26 related to expert disclosures and protection of communications between attorneys and experts. Comments are due Jan. 25.
- Proposed Amendments to N.D.R.Civ.P. 26

U.S.: 10 Supreme Court cases to watch in 2017
Constitution Daily: "The Supreme Court will return to the bench on January 9, 2017 as it starts a new calendar year. Here are cases to watch that the Justices will hear, or likely hear, before the end of April."

Mont.: Civil, appellate cases can be e-filed with Supreme Court
Bozeman Daily Chronicle/AP: "The Montana Supreme Court is now able to accept electronically filed documents from attorneys in civil cases, as well as criminal ones."

Minn.: Justice McKeig visits Cass County Courthouse
Walker Pilot Independent: "Minnesota's newest Supreme Court Justice Anne McKeig stopped by the Cass County Courthouse during a trip to the area over the holidays."

Wyo.: New Judicial Learning Center set to open in Supreme Court building
Wyoming Tribune Eagle: "It's been in the works for a while now, and a lot of people are really excited about it. The state's new Judicial Learning Center has a grand opening scheduled for Jan. 9. After that, it will be open to the public."

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.

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North Dakota Supreme Court News

January 5, 2017

2017 State of the Judiciary address
On Jan. 4, 2017, North Dakota Chief Justice Gerald VandeWalle presented the State of the Judiciary Address to the 65th Legislative Assembly. Here is the text of his remarks.

Investiture ceremony for Justice Jerod Tufte to be held Jan. 6
A formal investiture ceremony for Supreme Court Justice Jerod Tufte will take place at 3:30 p.m. on Friday, Jan. 6, 2017, in the House Chambers at the State Capitol.
- Judge Tufte Biography

U.S. chief justice steps aside in patent case over stock conflict
Reuters: "U.S. Chief Justice John Roberts will no longer participate in a patent dispute at the Supreme Court involving a unit of Thermo Fisher Scientific Inc after he realized he owns about $175,000 of stock in the company, the court said on Wednesday."

Mont.: Court rules Marsy's Law to take effect in July
Bozeman Daily Chronicle/AP: "The Montana Supreme Court has ruled that a voter-approved constitutional initiative known as Marsy's Law will take effect July 1."
- Opinion Text: Mont. County Attys. Assn. v. State

Job Announcement
A job announcement for an Attorney I with the N.D. Department of Human Services in Bismarck has been posted.

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North Dakota Supreme Court News

January 6, 2017

Investiture of Judge Mark Blumer - The January 5, 2017, photos
Judge Mark Blumer was formally installed as a judge of the Southeast Judicial District in an investiture ceremony on January 5 at the Barnes County Courthouse in Valley City. He won election to replace Justice Jerod Tufte, who was elected to the Supreme Court. Here are the photos.
- Judge Blumer Biography

The Third Branch: This Week on the Hill

For Jan. 9-13, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted.
- 65th Legislative Assembly

Investiture ceremony for Judge Lonnie Olson set for Jan. 9
A formal investiture ceremony for Northeast Judicial District Judge Lonnie Olson will take place from 1-3 p.m. on Jan. 9, 2017, at the Ramsey County Courthouse in Devils Lake.

Voting open for UND Law Rural Justice Program for ABA award
UND School of Law News Release: "Alumni and friends of the UND School of Law are encouraged to vote for the Rural Justice Program by participating in the public vote for the Brown Select Award. Voting closes Jan. 10."

U.S. Supreme Court Jan. 9 arguments
Monday, the United States Supreme Court will hear arguments in a case involving reimbursement of costs and fees after the reversal of a criminal conviction and a case on lawsuits against tribal employees.
- Madden v. Colorado
- Lewis v. Clarke

Rental-inspection spat heats up in Minnesota
Courthouse News Service: "Landlords pushed the Minnesota Supreme Court in a lively hearing Wednesday to make tenant consent a prerequisite for city authorities to conduct safety inspections."

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 an Assistant State's Attorney for McKenzie County in Watford City has been posted.

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North Dakota Supreme Court News

January 9, 2017

Appellate practice tip of the week

To help maintain privacy, do not include the names of crime victims in briefs, except for homicide victims.

- Other appellate practice tips

Investiture of Justice Jerod Tufte - The Jan. 6, 2017, photos Justice Jerod Tufte was formally installed on the North Dakota Supreme Court bench in an investiture ceremony on Jan. 6 at the State Capitol in Bismarck. He won election to replace Justice Dale Sandstrom, who retired Dec. 31. Here are the photos. - Justice Jerod Tufte Biography State courts looking for $1.5 million to deal with DAPL cases Prairie Public Radio: "North Dakota's state court system will be asking the Legislature for a $1.5 million deficiency appropriation - to deal with cases arising because of the Dakota Access Pipeline protests." U.S. Supreme Court opinion: Jan. 9 The United States Supreme Court has issued a per curiam opinion in a police shooting case. - White v. Pauly U.S. Supreme Court Jan. 10 arguments Tuesday, the United States Supreme Court will hear arguments in a case on credit card surcharges and a case on monetary sanctions for a party's failure to disclose material requested in the discovery process. - Expressions Hair Design v. Schneiderman - Goodyear Tire & Rubber Co. v. Haeger U.S. Supreme Court Jan. 11 arguments Wednesday, the United States Supreme Court will hear arguments in a case on the educational benefits a school district must provide to a disabled student under the Individuals with Disabilities Education Act. - Endrew F. v. Douglas County School District

Tomorrow at the Court 10:45am State v. Brewer Sexual Offense 1:30pm Myers v. State Post-Conviction Relief 2:45pm State v. Conrad Theft Waived State v. Nelson Theft

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North Dakota Supreme Court News

January 10, 2017 Court Facilities Improvement Advisory Committee Jan. 13 agenda The agenda for the Jan. 13 meeting of the Court Facilities Improvement Advisory Committee has been posted. New issue of North Dakota Law Review available online The newest issue of the North Dakota Law Review is available online. Topics include Justice Antonin Scalia, contract law, zealous advocacy, ethics and technology, and civil rights lawsuits. U.S.: Justices skeptical over Colo. refusal to refund court fees Associated Press: "The Supreme Court is raising serious doubts about Colorado's practice of not refunding court fees and other costs to people who are convicted of crimes but later exonerated." Minn.: Appeals court casts doubt on future of marriage agreements MPR News: "One does not often find the marital intrigue contained in a decision [Jan. 9] from the Minnesota Court of Appeals. Call it Kremer v. Kremer." - Opinion Text: Marriage of Kremer Job Announcement A job announcement for a Temporary Investigator with the Office of Disciplinary Counsel in Bismarck has been posted.

Tomorrow at the Court 1:30pm Huebner v. Furlinger Real Property 2:45pm Opp v. N.D. Dep't of Transportation Transportation Dept.

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North Dakota Supreme Court News

January 11, 2017 Investiture of Judge Lonnie Olson - The Jan. 9, 2017, photos Judge Lonnie Olson was formally installed on the Northeast Judicial District bench in an investiture ceremony on Jan. 9 at the Ramsey County Courthouse in Devil's Lake. He won election to replace Judge Lee Christofferson, who retired Dec. 31. Here are the photos. - Judge Lonnie Olson Biography

Joint Procedure Committee seeks comment on proposed discovery rule change

The Joint Procedure Committee is seeking comment on proposed amendments to N.D.R.Civ.P. 26 related to expert disclosures and reports and the protection of communications between attorneys and experts. Comments are due Jan. 25.

- Proposed Amendments to N.D.R.Civ.P. 26

ND native to receive American Bar Association prestigious national award Dickinson Press: "An attorney born and raised on the Fort Berthold Reservation in western North Dakota who is one of the nation's leaders in fighting for the rights of American Indian tribes will be recognized by the American Bar Association with its prestigious Spirit of Excellence Award." U.S.: Supreme Court refuses to hear wetland case Capital Press: "The U.S. Supreme Court will not review a farmer's lawsuit challenging the USDA's designation of a wetland on his property in South Dakota." U.S.: Supreme Court turns down Ventura appeals Duluth News Tribune: "U.S. Supreme Court justices reject former Minnesota Gov. Jesse Ventura's attempt to restore a $1.8 million award an appeals court gave him."

Tomorrow at the Court 9:30am State v. White Sexual Offense 10:45am Matter of C.D.G.E. Termination/Parental Rights Waived State v. Harrison Sexual Offense Waived State v. Moreland Drugs/Contraband

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North Dakota Supreme Court News

January 12, 2017 Investiture ceremony for Judge LeFevre set for Jan. 13 A formal investiture ceremony for Southeast Judicial District Judge Troy LeFevre will be held at 1:30 p.m. on Friday, Jan. 13, 2017, at the Stutsman County Courthouse in Jamestown. Courthouses to open late due to weather Due to the weather, the Mountrail County Courthouse will open at 10 a.m. and the Benson County Courthouse will open at noon today, Jan. 12. U.S.: High court may put more bite into law for disabled students Associated Press: "The Supreme Court on Wednesday seemed willing to put more bite into a law that requires public schools to help learning-disabled students." - Oral Argument Transcript S.D.: State's chief justice pitches mental health recommendations Sioux City Journal: "The state Supreme Court's chief justice used his legislative address Wednesday to pitch proposals meant to improve public safety and the treatment of mentally ill people in the criminal justice system." 'The Dead Zone': Is there a perfect place to commit a crime? ABC Fox Montana News: "Yellowstone National Park. a timeless wonderland. Since 18-92, animals have roamed freely over its expansive and unspoiled landscape. Bison. Elk. Waterfalls. Geysers. But with all its majestic beauty, does this park harbor a dark secret?" Job Announcement A job announcement for a Law Clerk with the District Court in the Northeast Judicial District has been posted.

Tomorrow at the Court 10:00am Court Facilities Improvement Advisory Committee - Bismarck

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North Dakota Supreme Court News

January 13, 2017

The Third Branch: This Week on the Hill

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 U.S. Supreme Court Jan. 17 arguments Tuesday, the United States Supreme Court will hear arguments in a case on whether a civil deportation statute is unconstitutionally vague and a case on whether a creditor may file an accurate proof of claim for a time-barred debt in a bankruptcy. - Lynch v. Dimaya - Midland Funding v. Johnson U.S. top court to hear BNSF Railway out-of-state injury suit appeal Reuters: "The U.S. Supreme Court on Friday agreed to resolve a dispute that could limit where corporations can be sued, potentially delivering a blow to plaintiffs' lawyers seeking to bring cases in friendly courts." SD Supreme Court looks at flawed statute and its effect on open records SDPB News: "The importance of punctuation and grammar was at issue in the South Dakota Supreme Court on Wednesday. In a case involving open records, justices heard from lawyers representing the Argus Leader and the City of Sioux Falls." Minn.: Dayton orders flags flown at half-staff in honor of Judge Miles Lord Brainerd Dispatch: "In honor and remembrance of Judge Miles Lord, a Cuyuna Iron Range native, Gov. Mark Dayton has ordered all U.S. flags and Minnesota flags to be flown at half-staff at all state and federal buildings in the state, from sunrise until sunset Jan. 12."

Monday at the Court Martin Luther King Jr Day - Holiday

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North Dakota Supreme Court News

January 17, 2017

Investiture of Judge Troy LeFevre - The January 13, 2017, photos
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

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

U.S. Supreme Court Jan. 18 arguments
Wednesday, the United States Supreme Court will hear arguments in a case on whether disparaging trademarks can be registered and a case involving civil rights claims made by non-citizens who were detained after the Sept. 11 attacks.
- Lee v. Tam
- Ziglar v. Abbasi

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."

U.S.: Justice Department announces department-wide procedures for eyewitness identification
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."

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."

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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North Dakota Supreme Court News

January 18, 2017 New Order Jan. 18 The Supreme Court posted a new order on Jan. 18. Jerome J. Mack 1926-2017 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 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." U.S. Supreme Court opinion: Jan. 18 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. 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." 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 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."

Tomorrow at the Court 9:30am State v. Catch the Bear Sexual Offense 10:45am Interest of Carter Civil Commit of Sexual Predator 1:30pm Hamilton v. State Post-Conviction Relief Waived Shelton v. Shelton Child Cust & Support (Div.\other)

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North Dakota Supreme Court News

January 19, 2017 Two finalists named for Northwest judge vacancy 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. 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 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." 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." Appeals court upholds provisional release of man from Minnesota Sex Offender Program 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

Tomorrow at the Court 1:30pm Booth v. State Post-Conviction Relief 2:45pm Moline v. Workforce Safety and Insurance Workers Compensation 10:00am Court Services Administration Committee - Bismarck

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North Dakota Supreme Court News

January 20, 2017 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

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 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.

Monday at the Court 9:30am State v. Friesz Misc. Statutory Offense (Felony) 1:30pm Roe v. State Post-Conviction Relief 2:45pm A. R. Audit Services, Inc. v. Tuttle Debtor/Creditor Waived Chatman v. State Post-Conviction Relief 4:00pm Judicial Conference Legislative Committee - Bismarck

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North Dakota Supreme Court News

January 23, 2017

Appellate practice tip of the week

Proofread. Then proofread again.

- Other appellate practice tips

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 North Dakota attorney general provides online info for Marsy's Law Grand Forks Herald: "North Dakota residents will have a centralized place to get up to speed on Marsy's Law. Attorney General Wayne Stenehjem announced Friday that information about the law is posted at www.attorneygeneral.nd.gov." - Marsy's Law Webpage U.S.: High court won't hear 'Sister Wives' appeal over bigamy law Associated Press: "The Supreme Court said Monday it won't hear an appeal from the family on TV's 'Sister Wives' challenging Utah's law banning polygamy." - AP: Supreme Court rejects Texas appeal over voter ID law SD Chief Justice wants changes in mental health evaluations Siouxland Public Media: "State Supreme Court Justice David Gilbertson is asking the legislature to expand the definition of a mental health professional so people wouldn't have to wait months for an evaluation."

Tomorrow at the Court 10:45am Crawford v. N.D. Dep't of Transportation Transportation Dept. 1:30pm Ogren v. Sandaker Oil, Gas and Minerals Waived Lowe v. WSI Workers Compensation Waived State v. Gray Misc. Statutory Off. (Misdemeanor)

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North Dakota Supreme Court News

January 24, 2017 February Term of Court The February term of court has been posted, including issues and briefs. Rolette County Courthouse to close today The Rolette County Board has closed the courthouse from 11 a.m. to 3 p.m. today, Jan. 24, for the funeral of Rolette County Sheriff's Deputy Colt Allery. North Dakota Law Review seeking submissions The Board of Editors of the North Dakota Law Review would like to extend an invitation for submissions of any written work for an upcoming edition of the publication. U.S.: Legal battle over overseas Microsoft data could be headed for Supreme Court Politico: "A federal appeals court is letting stand a ruling in a closely-watched case holding that Microsoft need not comply with a U.S. government demand for data stored overseas." - Opinion Text: Microsoft Corp. v. United States Minn.: Appeals Court upholds state control of people's 'missing money' MPR News: "The Minnesota Court of Appeals [Jan. 23] overturned a lower court ruling that refused to dismiss a class action lawsuit that contends Minnesota's unclaimed property law is an illegal seizure under the Constitution." - Opinion Text: Hall v. State South Dakota museum awarded ownership of Presley guitar Bellingham Herald: "A federal judge ruled Monday that a South Dakota museum is the legal owner of a guitar played by Elvis Presley. The Martin D-35 guitar has been on display at the National Music Museum in Vermillion since 2013." Job Announcement A job announcement for a prosecutor to provide assistance to Morton County in the Dakota Access Pipeline protest cases has been posted.

Tomorrow at the Court 9:30am Denault v. State Other (Civil) 1:30pm Gagnon v. Gagnon

Child Cust & Support (Div.\other)

2:45pm Judicial Conduct Commission v. Hagar Disciplinary Proceedings (Civil) Waived State v. Gibson Sexual Offense

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North Dakota Supreme Court News

January 25, 2017 Grant could help pay for new Morton courtroom Bismarck Tribune: "Construction of a new courtroom at the former Custer Health District section of the Morton County Courthouse could start this fall. A $705,000 by a state Courthouse Facility Improvement Grant is being offered to the Morton County Commission." U.S.: High court may soon see South Dakota online sales tax case Bloomberg News: "South Dakota may win the sprint to the U.S. Supreme Court now that a case over its digital sales tax law is returning to state court, according to a tax practitioner." Minn.: Waseca County judge gets a hearty send off from Drug Court team, participants Waseca County News: "A week after failing to complete 15 pages in his journal, Bobby needed to deliver. This time, Judge Larry Collins' assignment was easy. But knowing what could happen to your loved ones if you don't stay sober is one thing. Saying those words out loud is something else all together." Judge recommends sending Montana dam dispute to state court Great Falls Tribune/AP: "A magistrate judge is recommending that a dispute over who owns the riverbeds beneath eight hydroelectric dams and a storage reservoir in Montana stay in state court."

Tomorrow at the Court Joint Procedure Committee - Bismarck

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North Dakota Supreme Court News

January 26, 2017 New Opinions: Jan. 26 The Supreme Court posted eight new opinions on Jan. 26. Mont. enhanced treatment court grad: 'If I can do it, anyone can' Billings Gazette: "Zac Hammond, one of six enhanced treatment court graduates to be honored during a ceremony Wednesday, told a roomful of well-wishers there's 'a place of solace and refuge' for those who have struggled with drug, alcohol and mental health challenges." Wyo.: Former prosecutor has his conviction overturned Wyoming Public Media: "The Wyoming Supreme Court has reversed four felony convictions against former Albany County Attorney Richard Bohling. Bohling had been convicted of obtaining property under false pretenses." - Opinion Text: Bohling v. State

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North Dakota Supreme Court News

January 27, 2017 New Order: Jan. 27 The Supreme Court posted a new order on Jan. 27.

The Third Branch: This Week on the Hill

For Jan. 30 - Feb. 3, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted. - 65th Legislative Assembly Minn.: Appellate court affirms Le Sueur County conviction in child support case LeCenter Leader: "A St. Peter man whose battles with the judicial system led him to the Minnesota Supreme Court has failed to sway the state Court of Appeals to overturn his conviction for non-payment of child support." - Opinion Text: Hentges v. State Montana asbestos mine settlement little comfort to future victims Courthouse News Service: "There's a small stack of photocopies on Allan McGarvey's desk that shows this month's dead clients. They are the obituaries of the victims that died in December of asbestos disease, a deadly cancer caused by exposure to vermiculite asbestos in the town of Libby, Montana." Alaska will treat pets more like kids in divorce courts USA Today: "Alaska just became the first state to require courts to 'take into consideration the well-being of the animal' and empower judges to assign joint custody of pets."

Monday at the Court

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North Dakota Supreme Court News

January 30, 2017

Appellate practice tip of the week

Answer the question when it is asked.

- Other appellate practice tips

Judge Warren H. Albrecht 1944-2017
Judge Warren "Duke" Albrecht, 72, of Fargo, ND, died Saturday, Jan. 28, at his home. He served as a judge of the South Central Judicial District and then as an Administrative Law Judge with the Social Security Administration. Memorial services will be at 11 a.m. on Thursday, Feb. 2, at Triumph Lutheran Brethren Church in Moorhead, Minn.
- Judge Warren Albrecht Biography

Big Muddy Bar Association seeks new members
The Big Muddy Bar Association is accepting new members for 2017. Annual dues are $75. Interested attorneys should contact Secretary/Treasurer Jill Martin for more information.
- Jill Martin Contact Information

Attorney skates into film fame with new documentary
Minot Daily News: "As a teenager, Marquis Bradshaw spent many hours on a skateboard, although typically well away from his local neighborhood. Skateboarding wasn't cool in black communities in the 1990s."
- Marquis Bradshaw Attorney Record

U.S.: Arkansan to be first black chief judge on 8th circuit court
Rochester Post Bulletin: "A Hope, Arkansas, native is to become the first black chief judge of the 8th U.S. Circuit Court of Appeals. Judge Lavenski Smith, now of Little Rock, is to become chief judge of the St. Louis-based on March 11."

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North Dakota Supreme Court News

January 31, 2017

Pattern Jury Instruction Commission Oct. 6 minutes
The minutes of the Pattern Jury Instruction Commission's Oct. 6, 2016, meeting and the commission's October 2016 drafts have been posted.

8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed a summary judgment in a North Dakota fire insurance coverage dispute.
- Hiland Partners v. Nat'l Union Fire Ins. Co.

Minn.: Brainerd man loses appeal on arson conviction
Brainerd Dispatch: "A Brainerd man, serving time for first-degree arson for starting a garage on fire in 2015 in Brainerd, has appealed the district court's decision on his conviction and has lost."
- Opinion Text: State v. Whitney

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North Dakota Supreme Court News

February 1, 2017 Minority Justice Implementation Committee Feb. 2 agenda The agenda for the Feb. 2 meeting of the Minority Justice Implementation Committee and the committee's Nov. 17, 2016 minutes have been posted. Bills aim to reduce incarceration, costs Bismarck Tribune: "Lawmakers took up their first round of debate Tuesday over a pair of primary bills aimed at reducing the state's incarcerated population and its associated costs." U.S.: Trump taps conservative Judge Neil Gorsuch for Supreme Court Associated Press: "President Donald Trump has nominated Neil Gorsuch, a fast-rising conservative judge with a writer's flair, to the Supreme Court, setting up a fierce fight with Democrats over a jurist who could shape America's legal landscape for decades to come." - MPR News: Who is Neil Gorsuch, Trump's first pick for the Supreme Court? U.S.: Admitting women to VMI made it 'a better place,' Justice Ginsburg says Roanoke Times: "Twenty years after she wrote the opinion that forced Virginia Military Institute to admit women, U.S. Supreme Court Justice Ruth Bader Ginsburg paid a visit Wednesday to the school, which she called 'a better place.'" Job Announcement A job announcement for an Administrative Specialist for the Municipal Court in the City of Grand Forks has been posted.

Tomorrow at the Court 10:00 am Minority Justice Implementation Committee - Bismarck

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North Dakota Supreme Court News

February 2, 2017

U.S.: Chief Justice Roberts avoids controversy during speech at University of Kentucky
Lexington Herald Leader: "Chief Justice John G. Roberts Jr. . . . offered his audience an inside glimpse at the nation's highest court and spoke of the 11 Kentuckians who have served on the court so far, including the highly respected John Marshall Harlan and Louis Brandeis."

Minnesota sex offenders renew legal challenge to confinement
KSTP News: "Lawyers for over 700 people committed indefinitely to the Minnesota Sex Offender Program are asking the full 8th U.S. Circuit Court of Appeals to reconsider a three-judge panel's ruling that the program is constitutional."

Man's third appeal of rape conviction denied by Montana Supreme Court
Billings Gazette: "A Billings man convicted of sexually assaulting a child and possessing child pornography a decade ago had his third appeal denied Tuesday."

Job Announcement
A job announcement for a Temporary Attorney (Public Defender) with the North Dakota Commission on Legal Counsel for Indigents in Minot has been posted.

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North Dakota Supreme Court News

February 3, 2017

The Third Branch: This Week on the Hill

For Feb. 6-Feb. 10, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted. - 65th Legislative Assembly N.D. Attorney General opinion: Feb. 3 Attorney General Wayne Stenehjem has issued an opinion that requirements in the Renaissance Zone Program guidelines issued by the ND Department of Commerce that are not found in statute or administrative rule do not have the force and effect of law.

8th Circuit decides N.D. case

The United States Court of Appeals for the Eighth Circuit has issued an opinion on the evidentiary rulings in a North Dakota child pornography case. - United States v. Marmon Minnesota judge to review Target settlement case Portland Press Herald/AP: "A Minnesota federal judge must hold hearings to determine whether a proposed settlement for about 100 million Target customers who were victims of a 2013 security breach treats all customers fairly, a federal appeals court says." - Opinion Text: Sciaroni v. Target Corporation Nation: Study finds law firms and corporations increasingly turning to alternative legal service providers ABA Journal: "A majority of law firms and corporations are already using alternative legal service providers (ALSP) in at least one service category, and more intend to do so in the coming year."

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North Dakota Supreme Court News

February 4, 2017 Johnson appointed to NWJD judgeship Gov. Doug Burgum has appointed Benjamen J. Johnson of Tioga to fill the Northwest Judicial District judge vacancy created by the retirement of Judge David Nelson. Johnson is a University of North Dakota School of Law graduate and was admitted to the N.D. bar in 2008. - Gov. Burgum's News Release - Benjamen Johnson Biographical Information

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North Dakota Supreme Court News

February 7, 2017

Living up to leadership
Prairie Business: "Kathryn Rand is dean and Floyd B. Sperry professor of law at the University of North Dakota School of Law and co-director of the Institute for the Study of Tribal Gaming Law and Policy, both in Grand Forks."

8th Circuit decides N.D. case

The United States Court of Appeals for the Eighth Circuit has reversed a district court judgment in a North Dakota insurance coverage case.
- American Fire and Casualty Co. v. Hegel

Minn.: Murder conviction tossed in Carlton County fentanyl overdose
WDAY News: "The Minnesota Court of Appeals has reversed a Cloquet man's murder conviction for allegedly providing a fatal dose of a prescription painkiller to his daughter's friend."
- Opinion Text: State v. Ferguson

New Jersey alters its bail system and upends legal landscape
New York Times: "[U]nder an overhaul of New Jersey's bail system, which went into effect Jan. 1, judges are now considering defendants' flight risk and threat to public safety in deciding whether to detain them while they await trial. Otherwise, they are to be released, usually with certain conditions."

[ne...@ndcourts.gov]

North Dakota Supreme Court News

February 8, 2017 Ward County Jail and Courthouse inching toward completion KFYR News: "Adolfson & Peterson Construction gave Ward County Commissioners an update on the jail expansion, as well as the remodeling of the courthouse Tuesday morning. A&P says that the jail is still ahead of schedule as they are currently pouring concrete on the third and fourth floors." U.S.: 'Justice Scalia's seat' has a history going back 150 years ABC News/AP: " On the night Judge Neil Gorsuch was nominated to fill Justice Antonin Scalia's seat on the U.S. Supreme Court, he was thinking about history. 'The towering judges that have served in this particular seat on the Supreme Court, including Antonin Scalia and Robert Jackson, are much in my mind at this moment,' Gorsuch said." U.S.: At Stanford, Justice Ginsburg wishes for more civil discourse S.F. Chronicle: "Drawing parallels from her 83 years of life to the partisanship gripping the United States government, Supreme Court Justice Ruth Bader Ginsburg on Monday night called for a return to civil discourse at a Stanford University talk on how to live a 'meaningful life.'" Minnesota Viagra privacy lawsuit dismissal upheld on appeal G.F. Herald: "A Willmar, Minnesota, pharmacist who inadvertently provided information about a man's Viagra prescription to his estranged wife did not legally invade his privacy, the Minnesota Court of Appeals ruled Monday." - Opinion Text: Doe v. Kmart Corp.

Tomorrow at the Court 9:00am Zerr v. WSI Other (Civil) 10:00am Hofland v. Hofland

Child Cust & Support (Div.\other)

11:00am Cossette v. Cass County Joint Water Resource District Real Property Waived Gaede v. Bertsch Other (Civil) Waived Sadek v. N.D. Dep't of Transportation Transportation Dept.

[ne...@ndcourts.gov]

North Dakota Supreme Court News

February 9, 2017 Juvenile Policy Board Feb. 10 agenda The agenda for the Feb. 10 meeting of the Juvenile Policy Board and the board's Sept. 23 and Nov. 18, 2016, minutes have been posted. UND School of Law looks at tuition increase, puts pro-bono clinic on hiatus Fargo Forum: "The UND School of Law will put its student law clinic on hiatus for at least two years and is beginning to discuss tuition increases because of higher education budget cuts proposed by North Dakota Gov. Doug Burgum." U.S. Supreme Court puts off action on major class action dispute Reuters: "The U.S. Supreme Court will not act until at least the fall on a major business dispute on whether companies can head off costly class action lawsuits, meaning President Donald Trump's nominee to the bench will almost certainly be in place to cast a possible pivotal vote." University of Minnesota law school gets major grant for serving immigrants Crookston Times/AP: "The University of Minnesota Law School has announced a $25 million grant from the Robina Foundation to bolster its efforts to provide comprehensive legal services to immigrants and refugees." Mont.: First person in drug diversion program Billings Gazette: "A man was given a chance to change his future Tuesday when he was sentenced to treatment instead of incarceration." S.D.: Appeals court reverses ruling against city and civic center Rapid City Journal: "The U.S. Eighth Circuit Court of Appeals reversed a $100,000 jury award to the owner who had a concession stand at Rushmore Plaza Civic Center in 2011 and sent the case back to District Court for a new trial." - Opinion Text: Soltesz v. Rushmore Plaza

Tomorrow at the Court 9:00am Juvenile Policy Board - Bismarck

[ne...@ndcourts.gov]

North Dakota Supreme Court News

February 10, 2017 NEJD Judge McClintock to retire District Judge John McClintock has announced his retirement effective April 14. He has served as a judge in the Northeast Judicial District since 1995. - Judge McClintock's Retirement Letter - Judge McClintock Biography

The Third Branch: This Week on the Hill

For Feb. 13-Feb. 17, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted. - 65th Legislative Assembly U.S.: Subway sandwich suit raises class action questions ABA Journal: "Matt Corby posted a photo on Facebook of a Subway 'foot-long' sandwich he'd bought next to a ruler that showed it was an inch short. The post went viral-and within weeks, people across the United States began to file lawsuits, claiming they'd been shorted by Subway, too." Montana Supreme Court upholds sentence of Markus Kaarma on murder conviction KXLH News: "The Montana Supreme Court has upheld the December 2014 deliberate homicide conviction of Markus Kaarma, who shot and killed German foreign exchange student Diren Dede." - Opinion Text: State v. Kaarma Minn.: Dakota County wins challenge to DNA collection rule Hastings Star Gazette: "The Dakota County Sheriff's Office has resumed collecting DNA samples from people arrested for certain violent crimes after winning a challenge to the practice in the Minnesota Supreme Court."

Monday at the Court 9:00am Black Stone Minerals Co. v. Brokaw Oil, Gas and Minerals 11:00am Greene v. Matthys Malpractice 1:30pm State v. Nur Theft Waived State v. Borden Sexual Offense Waived Everett v. State Post-Conviction Relief

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North Dakota Supreme Court News

February 13, 2017

U.S.: Five lessons from Antonin Scalia
National Review: "Justice Antonin Scalia, who died one year ago today, was very good at what he did. As many have attested in their moving tributes to him, he had the judicial virtues in spades - intellect, wisdom, impartiality, and eloquence."

U.S.: What Alex Kozinski thinks about the Ninth Circuit's close-up
The Reporter: "Alex Kozinski, the former chief judge of the U.S. Court of Appeals for the Ninth Circuit, has long been an advocate for transparency and public access to court proceedings. Kozinski was one of the driving forces behind the court's push to make audio and video of oral arguments available online."

Iowa State University loses appeal in marijuana T-shirt case
Associated Press: "Iowa State University has lost an appeal in a federal free speech lawsuit that affirms student rights regardless of political viewpoint."
- Opinion Text: Gerlich v. Leith

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North Dakota Supreme Court News

February 14, 2017

Norquist joins discussion on criminal justice reform
Bismarck Tribune: "A nationally known anti-tax leader said North Dakota is on the right path with legislative efforts to reform the state's criminal justice system in order to provide long-term savings to taxpayers while reducing the number of incarcerated individuals."

U.S.: Justice stresses importance of the court's process in reaching decisions
Sarasota Herald Tribune: "The U.S. Supreme Court has been at the center of national politics in the past year, but Justice Stephen Breyer was careful to avoid the current politics surrounding the federal judiciary during a speech in Sarasota Saturday and said politics doesn't factor into his decisions."
- AP: Supreme Court Justice Breyer talks art - in French

U.S.: Judges question investigators' conduct in Brendan Dassey 'Making a Murderer' case
Milwaukee Journal Sentinel: "[A]n attorney for the state of Wisconsin had barely started his argument Tuesday that Brendan Dassey's murder conviction should be reinstated when Judge Ilana Rovner stopped him cold."

Minn.: Underage drinking and drinking conviction tossed after Appellate Court rules stop illegal
Waseca County News: "The Minnesota Court of Appeals has reversed a request to suppress evidence related to a Janesville man's underage drinking and driving conviction Monday, finding that an officer didn't have sufficient reason to stop the vehicle."
- Opinion Text: State v. Galler

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North Dakota Supreme Court News

February 15, 2017

Neil W. Fleming 1943-2017
Longtime Cavalier attorney Neil W. Fleming died at his home on Feb. 14. He was a UND School of Law graduate and was admitted to the N.D. bar in 1968. A funeral Mass will be held at 1 p.m., Monday, Feb. 20, at St. Bridgid's Catholic Church in Cavalier.
- Neil W. Fleming Attorney Record
- Funeral Home

Court seeks comment on NEJD vacancy
The Supreme Court has issued a Notice of Consultation regarding the vacancy in Judgeship No. 2 in the Northeast Judicial District with chambers in Rugby. Comments on whether the judgeship should be retained, moved, or eliminated are due March 17.

SEJD Judge Greenwood to retire
District Judge John Greenwood has announced his retirement effective August 1. He has served as a judge in the Southeast Judicial District since 1999.
- Judge Greenwood's Retirement Letter
- Judge Greenwood Biography

U.S.: Anthony Kennedy worries that civic discourse has become too 'hostile' and 'divisive'
Sacramento Bee: "Anthony Kennedy would like you to be more polite. At a summit Tuesday on civic education in California schools, the U.S. Supreme Court justice and Sacramento native son lamented the harm that contemporary American rhetoric has done to our democracy."

U.S.: Suit over artifact looting case suicide rejected on appeal
Fox News: "A federal appeals court won't revive an excessive-force lawsuit from the family of a Utah doctor who killed himself after his arrest by federal agents in an artifact looting investigation, according to a ruling handed down Monday."
- Opinion Text: Redd v. Love

South Dakota Supreme Court hears case against Department of Corrections
KSFY News: "The incident may have happened several years ago, but Lynette Johnson is still fighting for justice after her husband Ronald was killed at the State Penitentiary."

Mont.: State doesn't have to pay in sexual harassment case
Bozeman Daily Chronicle/AP: "The Montana Supreme Court has upheld a lower court ruling that says the state does not have to pay a $744,000 settlement in a sexual harassment claim filed against a former eastern Montana judge."
- Opinion Text: State v. Berdahl

With a shortage of judges looming, judicial branch looks to bump salaries in Minnesota
MinnPost: "At a recent, sparsely-attended hearing of the House Public Safety Committee, the state's top court administrator presented a startling fact: Minnesota will lose a third of its judges in the next five years."

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North Dakota Supreme Court News

February 16, 2017 New Opinions: Feb. 16 The Supreme Court posted 21 new opinions on Feb. 16. U.S.: Senate hearings for Supreme Court pick to begin March 20 Associated Press: "The Senate Judiciary Committee will begin confirmation hearings for President Donald Trump's Supreme Court pick, Neil Gorsuch, on March 20." SD Supreme Court Justice Wilbur says she will retire in June Pierre Capital Journal: "South Dakota Supreme Court Justice Lori Wilbur announced on Wednesday she will retire in June after six years on the high court in Pierre. Wilbur, 64, has been part of the state's judicial branch since 1992, for 25 years by the time she retires." MN court: No warrant needed to search house for guest MPR News: "The Minnesota Supreme Court Wednesday ruled that police do not need a search warrant to enter a home a suspect is visiting." - Opinion Text: State v. deLottinville Montana Supreme Court rules against Ravalli District Court, county attorney's office Ravalli Republic: "In a 4-3 ruling, the Montana Supreme Court found that Ravalli County District Judge James Haynes was wrong to deny a defendant's request to release a video-recorded interview with the victim in a 2013 attempted homicide case." - Opinion Text: State v. Pope

Tomorrow at the Court 10:45am Holm v. Holm Divorce/Property Div./Alimony 1:30pm Saari v. State Post-Conviction Relief 2:45pm O'Hara v. Schneider

Child Cust & Support (Div.\other)

9:00am Judicial Branch Education Commission - Bismarck

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North Dakota Supreme Court News

February 17, 2017

8th Circuit decides N.D. case

The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota breach of contract case. - Mark Neubauer v. FedEx Corporation U.S. top court to set guidelines for Trump treatment of non-citizens Reuters: "The U.S. Supreme Court will decide three cases in coming months that could help or hinder President Donald Trump's efforts to ramp up border security and accelerate deportations of those in the country illegally." U.S. Supreme Court Feb. 21 arguments Tuesday, the United States Supreme Court will hear arguments in a case involving claims by a Mexican citizen who was shot in Mexico by a U.S. Border Patrol agent and a case on the standard of review of a decision to quash an Equal Employment Opportunity Commission subpoena. - Hernandez v. Mesa - McLane Co. v. EEOC Appeals court upholds meth-induced crash conviction that killed Minnesota woman Duluth News Tribune: "A Minnesota Appeals Court upheld this week the conviction of a Kittson County man whom police said was on meth during a fatal car crash more than two years ago." - Opinion Text: State v. Davis 10 lawyer-authors choose the top 10 law novels in the past 10 years ABA Journal: "To Kill a Mockingbird, Anatomy of a Murder, Presumed Innocent, The Firm. Most legal fiction top 10 lists include one or more of these recognizable titles. But what about more recent fare? After all, it's been more than 55 years since Harper Lee introduced us to Atticus, and more than 25 years since the name "Grisham" became synonymous with the legal thriller. To compile a more recent collection, I enlisted the help of some fellow lawyer-authors-10 of the best in the business-to identify their favorite law novels published in the past 10 years."

Monday at the Court Presidents' Day - Holiday

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North Dakota Supreme Court News

February 21, 2017 New Opinion: Feb. 21 The Supreme Court posted a new opinion on Feb. 21. February bar examination begins Forty-one applicants began sitting for the North Dakota bar exam on Tuesday, Feb. 21. 70% of the test takers are graduates of the University of North Dakota School of Law. The exam concludes on Wednesday, Feb. 22. Administrative Council Feb. 24 agenda The agenda for the Feb. 24 meeting of the Administrative Council and the council's Dec. 9 minutes have been posted. U.S. Supreme Court Feb. 22 arguments Wednesday, the United States Supreme Court will hear arguments in a case on whether the Federal Arbitration Act preempts a state-law contract rule that requires a power of attorney to expressly refer to arbitration agreements. - Kindred Nursing Centers v. Clark Mont.: Flags ordered at half-staff in honor of Karla Gray Great Falls Tribune: "Gov. Steve Bullock ordered Monday for flags throughout the state to be flown at half-staff in honor of Karla Gray, the first female to serve as chief justice of the Montana Supreme Court who died Sunday." S.D.: Salute to court reporters - the silent witnesses to history Rapid City Journal: "Kayla Maruska isn't complaining, but she can't wait until another court reporter comes along who's younger than she is. Colleagues have been calling her 'baby' because, at 29 and about to have her first child, she's the youngest in Rapid City." New study shows how Legal Aid secures millions of dollars for Minnesota every year Crookston Times: "Minnesota Legal Services Coalition has released a report to inform policy makers and other stakeholders about the economic benefits of civil legal aid in Minnesota. This study, based on 2014 data, shows that legal aid programs have generated nearly $112 million in revenue."

Tomorrow at the Court 1:30pm State v. Mindt Misc. Statutory Off. (Misdemeanor) 2:45pm Spirit Property Management v. Vondell Landlord/Tenant

[ne...@ndcourts.gov]

North Dakota Supreme Court News

February 22, 2017 Court seeks comment on SEJD vacancy The Supreme Court has issued a Notice of Consultation regarding the vacancy in Judgeship No. 1 in the Southeast Judicial District with chambers in Jamestown. Comments on whether the judgeship should be retained, moved, or eliminated are due March 24 Court seeks comment on proposed rule amendments The Supreme Court has issued a Notice of Comment regarding rule amendments proposed by the Joint Procedure Committee in response to the Marsy's Law constitutional amendment, N.D. Const. Art. I, Section 25. Comments are due March 24. U.S. Supreme Court opinions: Feb. 22 The United States Supreme Court has issued opinions in an Individuals with Disabilities Education Act case, a genetic testing patent case, and a death penalty case that involved expert testimony based on racial stereotypes. - Fry v. Napoleon Community Schools - Life Technologies Corp. v. Promega Corp. - Buck v. Davis U.S. Supreme Court weighs rights of Mexican family in Border Patrol shooting Houston Chronicle: "A divided Supreme Court weighed a civil rights case Tuesday stemming from the death of a 15-year-old Mexican boy who was killed by a U.S. Border Patrol Agent firing a pistol across the border from El Paso." S.D.: Fired by sister-in-law, brother gets second chance at severance pay lawsuit Legal News Line: "The South Dakota Supreme Court has granted a man the chance to prove he had an agreement with his terminally ill brother that included a $100,000 severance payment if he was fired by his sister-in-law." - Opinion Text: Knigge v. BL Food Stores

Tomorrow at the Court 9:00am State v. Phelps Drugs/Contraband 10:00am Kovalevich v. State Post-Conviction Relief 10:00am State v. Kovalevich Sexual Offense 11:00am Snyder v. Director, N.D. Dep't of Transportation Transportation Dept. 1:30pm Estate of Nohle Probate - Wills - Trusts 2:45pm Industrial Contractors Inc. v. Taylor Workers Compensation 12:00 PM Live at Lunch for District Court Judges - Bismarck

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North Dakota Supreme Court News

February 23, 2017 New Opinion: Feb. 23 The Supreme Court posted a new opinion on Feb. 23. Pattern Jury Instruction Commission March 2 agenda The agenda for the March 2 meeting of the Pattern Jury Instruction Commission and the commission's Oct. 6 minutes have been posted. U.S.: Supreme Court rules in favor of death row inmate CNN: "The Supreme Court ruled Wednesday in favor of a death row inmate in Texas whose own lawyers introduced evidence at trial that he was more likely to be dangerous in the future because he is black." Maryland's assault weapons ban upheld by US appeals court Associated Press: "Maryland's ban on 45 kinds of assault weapons and its 10-round limit on gun magazines were upheld Tuesday by a federal appeals court in a decision that met with a strongly worded dissent." - Opinion Text: Kolbe v. Hogan Nation: Law firms must manage cybersecurity risks ABA Journal: "It's another busy day at the office when you receive an email with an attached memo. You don't remember asking for the memo, but you download the attachment anyway. Alarm bells! It's not an attachment. It's malware."

Tomorrow at the Court 10:00am Administrative Council - Bismarck

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North Dakota Supreme Court News

February 24, 2017 March Term of Court The March term of court has been posted, including issues and briefs. Judicial Conference Executive Committee Mar. 1 agenda The agenda for the Mar. 1 meeting of the Judicial Conference Executive Committee and the committee's Nov. 22, 2016, minutes have been posted.

The Third Branch: This Week on the Hill

For Feb. 27-Mar. 3, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted. - 65th Legislative Assembly Registration open for NDLR Energy Law Symposium on Mar. 16 The North Dakota Law Review Energy Law Symposium will be held on Thursday, Mar. 16, at the Bavendick Stateroom in the National Energy Center of Excellence at Bismarck State College. Registration is now open for the one day symposium titled 'Moving Forward: What the Future Holds for North Dakota's Energy Sector.' - Event Details and Registration Information Justice reinvestment bill passes House Bismarck Tribune: "A legislative initiative to reform the state's criminal justice system cleared the North Dakota House with little debate Wednesday. House Bill 1041 passed by an 86-4 vote." U.S. Supreme Court Feb. 27 arguments Monday, the United States Supreme Court will hear arguments in a case involving deportation of an immigrant for sexual abuse of a minor. - Esquivel-Quintana v. Sessions UMN law center plans for steady increase in immigration cases Minnesota Daily: "A University of Minnesota law center focused on immigration is bracing for more work as it expects another policy announcement from President Donald Trump."

Monday at the Court 9:00am Allmon v. Allmon

Child Cust & Support (Div.\other)

11:00am Follman v. Follman

Child Cust & Support (Div.\other)

2:45pm Sorenson v. Bakken Investments, LLC Oil, Gas and Minerals Waived Addai v. State Post-Conviction Relief Waived Interest of A.D. Termination/Parental Rights

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North Dakota Supreme Court News

February 27, 2017

Justice Vernon R. Pederson 1919-2017
Supreme Court Justice Vernon R. Pederson died Feb. 26. A UND School of Law graduate, he was admitted to the North Dakota bar in 1949. He served on the Supreme Court from 1975-1985. A burial service will be held at a later date.
- Justice Vernon R. Pederson Biography

8th Circuit decides two N.D. cases
The United States Court of Appeals has issued per curiam opinions affirming the trial court in two North Dakota cases: a sex abuse case and a prisoner civil rights case.
- United States v. Littlewind
- Benjamin v. Ward County

U.S.: Supreme Court snubs challenge to death penalty constitutionality
G.F. Herald/Reuters: "The U.S. Supreme Court on Monday, Feb. 27, declined to hear a direct challenge to the constitutionality of the death penalty as cruel and unusual punishment, rejecting an appeal by a Louisiana death row inmate convicted of killing three brothers."

U.S. Supreme Court Feb. 28 arguments
Tuesday, the United States Supreme Court will hear arguments in a case on the limits to sentencing discretion in federal court.
- Dean v. United States

U.S. Supreme Court Mar. 1 arguments
Wednesday, the United States Supreme Court will hear arguments in a case on whether state law can limit an insurer's right to subrogation when allowing such a limitation is contrary to a federal contract.
- Coventry Health Care of Missouri v. Nevils

[ne...@ndcourts.gov]

North Dakota Supreme Court News

February 28, 2017 New Opinion: Feb. 28 The Supreme Court posted a new opinion on Feb. 28. 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. 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 U.S.: Supreme Court justices defend social media, even for sex offenders USA Today: "The Supreme Court argued Monday that social networking websites have become such an important source of information, including President Trump's daily tweets, that even sex offenders should not be barred from social media." Job Announcement A job announcement for a court reporter with the District Court in Valley City has been posted.

Tomorrow at the Court 10:45am Guardianship and Conservatorship of M.E. Guardian/Conservator 1:30pm SNAPS Holding Company v. Leach Contracts 2:45pm EduCap, Inc. v. Elder Debtor/Creditor 8:00am Executive Committee of Judicial Conference - Bismarck

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North Dakota Supreme Court News

March 1, 2017 New Opinions: March 1 The Supreme Court posted six new opinions on March 1. U.S. Supreme Court opinion: Mar. 1 The United States Supreme Court has issued an opinion in a case on legislative redistricting in Virginia. - Bethune-Hill v. Virginia State Bd. of Elections Mont.: Supreme Court overturns Great Falls woman's conviction in infant death Great Falls Tribune: "The Montana Supreme Court on Tuesday overturned a Great Falls woman's conviction for assaulting her infant daughter saying her confession was involuntary because she believed she was providing information to help doctors treat her dying daughter." - Opinion Text: State v. Eskew Wisc. Supreme Court: Police can take blood from unconscious drivers Wisconsin State Journal/AP: "In a case involving a Cross Plains man, the Wisconsin Supreme Court has ruled that law enforcement officers can take blood samples from unconscious drivers without a warrant under certain circumstances." - Opinion Text: State v. Howes Job Announcement A job announcement for five law clerk positions with the North Dakota Supreme Court in Bismarck has been posted.

Tomorrow at the Court 9:30am Hokanson v. Zeigler Oil, Gas and Minerals 1:30pm Statoil Oil & Gas, LP v. Abaco Energy, LLC Oil, Gas and Minerals 1:30pm Statoil Oil & Gas LP v. 1280 Royalties LLC Oil, Gas and Minerals 2:45pm State v. Pulkrabek Theft Waived Evans v. State Post-Conviction Relief 1:00pm Pattern Jury Instruction Commission - Bismarck

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North Dakota Supreme Court News

March 2, 2017 New Mountrail County courtroom now in use On Feb. 27, North Central Judicial District Presiding Judge Gary Lee was the first judge to hold court in the new courtroom of the Mountrail County Courthouse in Stanley. The adjacent Mountrail County Justice Center formally opened Jan. 13. The groundbreaking for the construction was July 14, 2015, the 100th anniversary of the courthouse's original dedication. - Fargo Forum: Northwest ND county adds justice center to 100-year-old courthouse U.S. top court backs review of Virginia voting districts in race case Reuters: "The U.S. Supreme Court on Wednesday told a lower court in a voting rights case to reassess whether Virginia's Republican-led legislature unlawfully tried to dilute the clout of black voters when it drew a series of state legislative districts." Mont.: Governor signs bills addressing criminal justice costs U.S. News/AP: "Gov. Steve Bullock has signed a package of bills that seek to reduce costs for the state public defender's office and help reduce recidivism." 'The rock' of League of Minnesota Cities dies at 60 Duluth News Tribune: "When Minnesota cities struggled to understand the legal implications of proposed legislation or judicial rulings, Tom Grundhoefer came to their rescue. An attorney graced with a calm and supportive demeanor, he spent 30 years with the League of Minnesota Cities."

Tomorrow at the Court 9:00am Court Facilities Improvement Advisory Committee - Bismarck

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North Dakota Supreme Court News

March 3, 2017 New Opinion: March 3 The Supreme Court posted a new opinion on March 3.

The Third Branch: This Week on the Hill

For March 6-10, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted. - 65th Legislative Assembly U.S. appeals court rules against 'Please ID Me' buttons at polling places WCCO News: " A federal appeals court ruled Tuesday that a Minnesota law banning political apparel at polling places does not infringe on First Amendment rights and includes shirts and buttons distributed by Minnesota Tea Party groups that read 'Please ID Me.'" - Opinion Text: Minnesota Voters Alliance v. Mansky Minn.: Court administrator's role has statewide reach Politics in Minnesota: "As state court administrator, Jeff Shorba helps coordinate operations of the state's judiciary, working closely with 10 judicial districts, 106 court locations and 317 elected judges." Cost of tribal crime has Montana county struggling Courthouse News: "In 1953, President Dwight Eisenhower signed the bill that enacted Public Law 280 - a federal law meant to help control crime on Indian reservations. Public Law 280 handed over to several states criminal and civil jurisdiction in Indian country."

Monday at the Court

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North Dakota Supreme Court News

March 6, 2017

U.S. District Court now accepting credit cards
News Release: "Effective Monday, March 6, 2017, the United States District Court for the District of North Dakota will be accepting credit and debit cards for pay ment of court fees. Transactions can be completed in person at the Office of the Clerk or via telephone."

U.S. Supreme Court opinions: March 6
The United States Supreme Court has issued opinions in a jury bias case, a federal sentencing guidelines case, and a case on the standard for judicial recusal.
- Pena-Rodriguez v. Colorado
- Beckles v. United States
- Rippo v. Baker

U.S.: When a harangue is OK at the high court, and when it's not
ABC Fox Montana News/AP: "You can harangue someone inside the nation's highest court, but only if you're a justice or a lawyer. A federal appeals court on Friday ruled against five people prosecuted for protesting inside the court in 2015."
- Opinion Text: United States v. Bronstein

U.S.: Court rules to lift federal protections for Wyoming wolves
MPR News/AP: "A U.S. appeals court on Friday ruled to lift protections that kept gray wolves an endangered species in Wyoming for years after federal officials removed packs in neighboring states from that list."
- Opinion Text: Defenders of Wildlife v. Zinke

S.D.: Specialty court aims to help struggling veterans
DVIDS: "Throughout the United States, there are currently 229,000 veterans in jails and prisons, 400,000 veterans on probation, and another 75,000 on parole. Nearly 10 percent of the U.S. prison population is made up of veterans."

Job Announcement
A job announcement for an Attorney II with the North Dakota Department of Human Services in Fargo has been posted.

[ne...@ndcourts.gov]

North Dakota Supreme Court News

March 7, 2017

New Opinions: March 7
The Supreme Court posted 12 new opinions on March 7.

U.S.: Scalia family donates justice's papers to Harvard Law School
ABC Fox Montana News/AP: "The family of the late Justice Antonin Scalia will donate his personal papers to Harvard Law School's library, the school announced Monday, but it could be years before the public can see documents that offer a glimpse into high court deliberations."

New Orleans can remove Confederate statues, federal appeals court says
NPR News: "Statues of Confederate leaders Robert E. Lee and Jefferson Davis are targeted for removal in New Orleans, after a federal appeals court approved the city's plan to change how it treats symbols of its history. Opponents of the move vow to keep fighting it in court."
- Opinion Text: Monumental Task Committee v. Chao

Job Announcement
A job announcement for an Attorney Advisor with the Social Security Administration in Fargo has been posted.

[ne...@ndcourts.gov]

North Dakota Supreme Court News

March 8, 2017

New Opinion: March 8
The Supreme Court posted a new opinion on March 8.

Gorsuch: A high court pick whose writing is down to earth
Associated Press: "When Justice Antonin Scalia backed out of a book project with writing partner Bryan Garner, the justice recommended who might take his place. Neil Gorsuch was first on this list."

U.S.: Trump announces Noel Francisco as solicitor general pick
NBC Montana News/CNN: "President Donald Trump announced his intent to nominate acting Solicitor General Noel Francisco to permanently fill that position Tuesday night."

Nation: Black people wrongly convicted of murder more often, data show
MPR News: "A record number of people, at least 166, were exonerated last year after being wrongly convicted of crimes, according to the most recent annual report from the National Registry of Exonerations."
- Registry of Exonerations Report

Job Announcement
A job announcement for an Electronic Court Recorder with the District Court in Williston has been posted.

[ne...@ndcourts.gov]

North Dakota Supreme Court News

March 9, 2017

Howard A. Freed 1926-2017
Longtime Dickinson attorney and state senator Howard A. Freed, 90, died March 8. He was a Marquette University Law School graduate and was admitted to the N.D. bar in 1953. Funeral arrangements are pending.
- Howard A. Freed Attorney Record

Depositions sought regarding 'false testimony' during Rodriguez trial
KFGO News: "A federal judge is being asked to order prosecutors in the Alfonso Rodriguez case to testify under oath about whether they knowingly presented, or failed to correct the false testimony of a key trial witness."

State Senate to consider studying ramifications of Marsy's Law
Bismarck Tribune: "The state Senate will be considering a resolution that would call for a study of the impacts of Marsy's Law in North Dakota. Senate Judiciary Committee members unanimously issued a 'do-pass' recommendation on Wednesday for House Concurrent Resolution 3003."

Online sales tax marching toward South Dakota high court
Bloomberg News: "The South Dakota Supreme Court could soon take up the state's online sales tax that a lower court ruled unconstitutional."

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North Dakota Supreme Court News

March 10, 2017 Howard A. Freed 1926-2017 Longtime Dickinson attorney and state senator Howard A. Freed, 90, died March 8. He was a Marquette University Law School graduate and was admitted to the N.D. bar in 1953. Funeral services will be held at Queen of Peace Catholic Church in Dickinson on Saturday, March 11, at 10 a.m. - Funeral Home

- Howard A. Freed Attorney Record

The Third Branch: This Week on the Hill For March 13-17, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted. - 65th Legislative Assembly Stark County Clerk of Court closed March 17 The Stark County Clerk of Court office will be closed all day on Friday, March 17, due to construction at the courthouse. N.D. Attorney General opinion: March 10 Attorney General Wayne Stenehjem has issued an opinion that the University of North Dakota lawfully withheld preliminary designs of its new Fighting Hawks logo as protected proprietary and trade secret information. Man convicted in cartel killing loses appeal in North Dakota U.S. News/AP: "A man convicted of murder in a North Dakota drug conspiracy case tied to a major Mexican cartel has lost his appeal after asserting that his lawyers did a poor job and one of them was too chummy with a federal judge." ABA rates Supreme Court nominee Neil Gorsuch 'well qualified' ABA Journal: "The American Bar Association has rated Neil Gorsuch, President Donald Trump's nominee for the U.S. Supreme Court, 'well qualified.' The rating came Thursday from the ABA's Standing Committee on the Federal Judiciary." U.S.: Supreme Court brings gavel down on O'Connor workout class ABC News/AP: "Years after she left the Supreme Court, Justice Sandra Day O'Connor remained enthusiastic about the early morning exercise class she started at the highest court in the land."

Monday at the Court 9:30am Jessop v. Levi Transportation Dept. 10:45am Mosser v. Denbury Resources, Inc. Certified Question of Law (Civil) 1:30pm Thompson v. Lithia ND Acquisition Corp. #1 Other (Civil) 2:45pm Matter of Wegley Civil Commit of Sexual Predator

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North Dakota Supreme Court News

March 13, 2017 New Opinion: March 13 The Supreme Court posted a new opinion on March 13. Court Services Administration Committee March 17 agenda The agenda for the March 17 meeting of the Court Services Administration Committee and the committee's Jan. 20 minutes have been posted. U.S. attorney from Minnesota gets the boot, North Dakota's Myers to stay Bismarck Tribune: "The Justice Department announced Friday that Attorney General Jeff Sessions has asked all 46 remaining Obama administration U.S. attorneys across the country to submit their resignations immediately." Lavenski Smith takes office as 8th Circuit chief judge News Release: "Lavenski R. Smith of Little Rock, Arkansas, will become Chief Judge of the United States Court of Appeals for the Eighth Circuit on March 11, 2017. He is the first African-American to serve as the Eighth Circuit's chief judge." U.S.: Court reinstates inmate death lawsuit St. Cloud Times: "A federal appeals court has reinstated a lawsuit that alleged Stearns County correctional officers were negligent when an inmate died in their custody." - Opinion Text: Ryan v. Armstrong Jurisdiction in Minnesota fish netting case remains uncertain Duluth News Tribune: "Whether a federal or state judge should preside over the case of two Native American treaty rights activists charged with illegally setting a gill net in a Minnesota lake in 2015 remains undecided."

Tomorrow at the Court 1:30pm State v. Hawkins Dui/Dus 2:45pm Estate of Johnson

Probate - Wills - Trusts

Waived State v. Rourke Sexual Offense

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North Dakota Supreme Court News

March 14, 2017

U.S.: Judicial Conference asks Congress to create new judgeships
News Release: "The Judicial Conference of the United States [March 14] agreed to recommend to Congress the creation of 57 new Article III judgeships in the courts of appeals and district courts."

Minn.: Court of Appeals rejects suit alleging state promotes school segregation
MPR News: "The Minnesota Court of Appeals has derailed a lawsuit claiming that segregation in public schools has deprived children of the state's constitutional right to an education."
- Opinion Text: Cruz-Guzman v. State

U.S. Attorney Randolph Seiler of SD not fired by President Trump
Pierre Capital Journal: "Even though he's a registered Democrat, South Dakota's federal prosecutor, U.S. Attorney Randolph Seiler, is not on the list of U.S. attorney's asked - or ordered - to resign by President Donald Trump's administration."

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North Dakota Supreme Court News

March 15, 2017

New Opinions: March 15
The Supreme Court posted three new opinions on March 15.

Rosemarie Sperle 1941-2017
Longtime state law library employee Rosemarie Sperle, 75, died March 14. She retired in 2015 after working at the law library for 28 years. Funeral services are at 10:30 on Friday, March 17, at the Church of St. Anne in Bismarck.
- Obituary

U.S.: Supreme Court Justice Sonia Sotomayor talks education, opposing views
Stanford Daily: "Sonia Sotomayor, associate justice of the United States Supreme Court, spoke Friday afternoon at Memorial Auditorium about the importance of seeking education, addressing opposing viewpoints, and remaining connected to one's culture and background."

U.S.: AO releases annual report and court statistics
News Release: "The year 2016 was a time of innovation and progress at the Administrative Office of the U.S. Courts, the agency reported [March 14] in two releases detailing its activities and programs over the 12-month period."

Man with apparent 'sovereign citizen' ties has sentence reversed by MN appeals court
G.F. Herald: "The Minnesota Court of Appeals reversed in part the sentence of a Long Prairie man with apparent ties to the sovereign citizens movement."
- Opinion Text: State v. Blanshan

S.D.: Trademark infringement award for Sturgis rally set aside
KELO News: "A federal judge has vacated a nearly $1 million trademark infringement award made to the owners of the Sturgis Motorcycle Rally brand. SMRI sued Walmart and a Rapid City retailer for improperly using the Sturgis trademark on merchandise."

Job Announcement
A job announcement for an Attorney II with the Child Support Division of the Department of Human Services in Devils Lake has been posted.

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North Dakota Supreme Court News

March 16, 2017 Senators recommend Myers to stay on as U.S. attorney Bismarck Tribune: "Sen. John Hoeven, R-N.D., and Sen. Heidi Heitkamp, D-N.D., asked President Donald Trump on Feb. 27 to allow Chris Myers to continue serving as the U.S. attorney for the district of North Dakota." Montana Court: Blood not evidence until removed from body Bozeman Daily Chronicle/AP: "A split Montana Supreme Court has ruled that a person's blood is not evidence that can be tampered with until it is removed from their body - even if a judge has issued a warrant authorizing blood to be drawn from a person." - Opinion Text: State v. Harrison Judge rules MN police cannot claim insurance payment in car forfeiture Alpha News: "The Minnesota Court of Appeals ruled that the Savage Police Department was incorrect in seizing a possible insurance payment on a vehicle that a local man's son stole and crashed." - Opinion Text: Briles v. 2013 GMC Terrain U.S.: Cat-loving judge makes case that has nothing to do with cats all about cats Chicago Tribune: "He's Chicago's most feared judge and a self-described 'cat person.' Now 78-year-old appellate Judge Richard Posner has found a way to combine his profession with his hobby." - Opinion Text: Eike vs. Allergan

Tomorrow at the Court 10:00am Court Services Administration Committee - Bismarck

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North Dakota Supreme Court News

March 17, 2017

'Presumptive probation' draws some opposition
Bismarck Tribune: "Sen. Kelly Armstrong, R-Dickinson, said he is concerned about a provision in a criminal justice reform bill that would make probation the presumptive sentence for Class A misdemeanors and nonviolent Class C felonies unless 'aggravating factors' apply."

U.S.: Chief Justice Roberts considers the case of Tom Sawyer
New York Times: "Tom Sawyer, Mark Twain's fictional rapscallion, turned up on Wednesday night in the ballroom of a fancy Washington hotel. No stranger to adventures and indignities, he was there to endure something new and distinctively American: a lawsuit."

U.S.: Army Corps on trial over Missouri River flooding complaint
ABC News/AP: "The U.S. Army Corps of Engineers is defending itself at trial against more than 300 farmers and other landowners who say the agency's management of the Missouri River has contributed to major flooding in five states, most notably 2011 flooding that caused billions of dollars in damage."

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North Dakota Supreme Court News

March 20, 2017 Judge Donald L. Jorgensen 1944-2017 Retired District Judge Donald L. Jorgensen died March 19. He was a UND School of Law graduate and served on the bench in the Southwest and South Central Judicial Districts from 1984-2014. Services are at 10 a.m. Thursday, March 23, at the Church of Corpus Christi in Bismarck. - Funeral Home - Judge Jorgensen Biography Joint Committee on Attorney Standards March 24 agenda The agenda for the March 24 meeting of the Joint Committee on Attorney Standards and the committee's April 29, 2016, minutes have been posted. Corrections budget offers $7 million for mental health, addiction treatment Bismarck Tribune: "Probationers and parolees may be the first to see improvements in mental health and substance abuse treatment after this legislative session." U.S. Supreme Court March 20 arguments Monday, the United States Supreme Court will hear arguments in a case on ex-spouse rights to military retirement benefits - Howell v. Howell - Murr v. Wisconsin U.S. Supreme Court March 21 arguments Tuesday, the United States Supreme Court will hear arguments in a case on whether 'conditional sale' avoids the patent exhaustion doctrine and a case on appellate review of orders denying class certification. - Impression Products v. Lexmark International - Microsoft Corporation v. Baker U.S.: Appeals court refuses to stop oil in Dakota Access pipeline Associated Press: "An appeals court on Saturday refused a request from two American Indian tribes for an 'emergency' order that would prevent oil from flowing through Dakota Access pipeline." U.S.: Lack of comma sense ignites debate after ruling in $10M suit ABC Fox Montana News/AP: "It all came down to a missing comma, and not just any one. And it's reignited a longstanding debate over whether the punctuation is necessary." - Opinion Text: O'Connor v. Oakhurst Dairy SD's highest court upholds major piece of case barring public access to Day County sloughs Mitchell Daily Republic: "The South Dakota Supreme Court affirmed a decision to bar public access to portions of two expanding sloughs in Day County." - Opinion Text: Duerre v. Hepler

Tomorrow at the Court 9:30am Junas v. N.D. Dep't of Transportation Transportation Dept. 10:45am State v. Belgarde Theft 1:30pm Thompson v. State Post-Conviction Relief 2:45pm Rath v. Rath

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North Dakota Supreme Court News

March 21, 2017 New Opinion: March 20 The Supreme Court posted a new opinion on March 20. Judge Merrick honored by Jamestown schools for drug court work Retired Southeast Judicial District Judge Thomas Merrick was honored March 20 for his service to the students of the Jamestown School District. Judge Merrick was commended in particular for his work in initiating and maintaining the Stutsman/Barnes Juvenile Drug Court. U.S. Supreme Court opinions: March 21 The United States Supreme Court has released opinions in an unlawful pretrial detention case, a case on when laches can be invoked as a defense in a patent matter, and a case on presidential appointments. - Manuel v. Joliet - SCA Hygiene Products v. First Quality Baby Products - NLRB v. SW General, Inc. U.S.: High court nominee to face daylong questioning in Senate Associated Press: "Supreme Court nominee Neil Gorsuch faces hours of questioning from senators as frustrated Democrats are determined to press him on everything from abortion and guns to his independence from President Donald Trump." U.S. Supreme Court March 22 arguments Wednesday, the United States Supreme Court will hear arguments in a case on international service of process and a police officer qualified immunity case. - Water Splash Inc. v. Menon - County of Los Angeles v. Mendez Nation: A.I. is doing legal work but it won't replace lawyers, yet New York Times: "Impressive advances in artificial intelligence technology tailored for legal work have led some lawyers to worry that their profession may be Silicon Valley's next victim." S.D.: James Valley Drug and DUI Court shows positives of life, grad says Mitchell Daily Republic: "After his seventh DUI, Bryan Beacom knew he reached his breaking point. But that's in his past, as Beacom, along with three others, graduated Thursday from the James Valley Drug and DUI Court." Job Announcement A job announcement for a Deputy Clerk of District Court I for the District Court in Williston has been posted. Job Announcement A job announcement for a Deputy Clerk of District Court I for the District Court in Watford City has been posted. Job Announcement A job announcement for a Deputy Clerk of District Court I for the District Court in Devils Lake has been posted. Job Announcement A job announcement for a half-time Deputy Clerk of District Court I for the District Court in Rolla has been posted.

Tomorrow at the Court 10:45am State v. Hall Drugs/Contraband 1:30pm Morris v. State Post-Conviction Relief 2:45pm Gonzalez v. State Post-Conviction Relief Waived State v. Russell Drugs/Contraband

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North Dakota Supreme Court News

March 22, 2017 N.D. Court System 2016 Annual Report The 2016 North Dakota Court System Annual Report has been posted. The court system report provides details of activity in the Supreme Court, the district and juvenile courts and in court administration during 2016. U.S. Supreme Court opinions: March 22 The United States Supreme Court has released opinions in a Chapter 11 business bankruptcy case, a case on copyright protection for cheerleader uniforms, and a case on the requirements of the Individuals with Disabilities Education Act. - Czyzewski v. Jevic Holding Corp. - Star Athletica, L.L.C. v. Varsity Brands, Inc. - Endrew F. v. Douglas County School Dist. U.S.: Supreme Court nominee unscathed facing last day of hearings Associated Press: "Supreme Court nominee Neil Gorsuch enters the third day of his confirmation hearing - and his final day of testimony - largely unscathed by Democratic attacks." Minn.: Moorhead judge loses lawsuit, wants to keep working after 70 Fargo Forum: "On the verge of his mandatory and legally disputed retirement, Clay County District Court Judge Galen Vaa is fighting to continue his career after his next birthday." Attorney General releases 2016 South Dakota crime report KSFY News: "South Dakota Attorney General Marty Jackley says South Dakota remains a safe place to live. But a nation wide drug epidemic is impacting overall crime in the state." Montana high court agrees Consumer Direct not responsible in wrongful death case Legal News Line: "The Supreme Court of the state of Montana recently upheld a district court's ruling in a wrongful death case brought against Consumer Direct, a provider agency of a personal assistance program." - Opinion Text: Swanson v. Consumer Direct

Tomorrow at the Court 1:00pm State v. Ayala Dui/Dus 2:15pm Keller v. Keller Other (Civil) 3:00pm Maragos v. Newfield Production Company Other (Civil)

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North Dakota Supreme Court News

March 23, 2017 April Term of Court The April term of court has been posted, including issues and briefs. Study of juvenile court system weighed Bismarck Tribune: "Court officials are urging lawmakers to approve what they called a long-overdue interim study of the state's juvenile court system. The proposal follows a study conducted over the past interim on the adult correctional system." U.S.: Rights of learning-disabled students bolstered by high court Associated Press: "A unanimous Supreme Court has bolstered the rights of millions of learning-disabled students in a ruling that requires public schools to offer special education programs that meet higher standards." Minn.: Extra judges may be headed for Bloomington immigration court MPR News: "Officials with the U.S. Justice Department are considering reassigning judges from around the country to the immigration court in Bloomington. The Twin Cities immigration court is experiencing an extreme backlog of cases - about 5,300, which is an all-time high." Mont.: MSUB to honor woman who taught herself English, became lawyer Billings Gazette: "Eighty-three-year-old Maria Elena Beltran taught herself to speak and write English and then worked her way through law school as a single parent of six children."

Tomorrow at the Court 10:00am

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North Dakota Supreme Court News

March 24, 2017 U.S. Supreme Court March 27 arguments Monday, the United States Supreme Court will hear arguments in a patent case involving venue issues and an ERISA case about church pension plans. - TC Heartland v. Kraft Foods Group - Advocate Health Care Network v. Stapleton Felony suspects: Mug shots will soon be public record in SD KDLT News: "It's not often that the public sees a mug shot in South Dakota. Only in rare circumstances, if a criminal is a fugitive or has escaped from jail or prison, can law enforcement officials release them." Carlson elected chief judge of Minnesota 7th Judicial District News Release: "The Honorable Jay D. Carlson has been elected to serve as chief judge of Minnesota's Seventh Judicial District by his fellow judges in the district." - Jay D. Carlson Attorney Record Colorado appeals court says state must protect health and environment before allowing oil and gas drilling Denver Post: "The Colorado Court of Appeals sided with a group of teenagers Thursday, reversing a lower court and elevating protection of public health and the environment to 'a condition that must be fulfilled' by the state before oil and gas drilling can be done."

Monday at the Court

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North Dakota Supreme Court News

March 27, 2017 Judge Johnson investiture held March 27 The formal investiture ceremony for new Northwest Judicial District Judge Benjamen Johnson took place on March 27 at the Williams County Courthouse in Williston. - Judge Johnson Biography Personnel Policy Board March 31 agenda The agenda for the March 31 meeting of the Personnel Policy Board and the board's Sept. 30, 2016, minutes have been posted. Trump's Supreme Court nominee could shape Native American issues, UND professor says G.F. Herald: "It's too early to say for certain if President Donald Trump's Supreme Court nominee Neil Gorsuch will sit on the country's highest court. But if he does, a UND law professor says he could shift the court in at least one important way." U.S. Supreme Court March 28 arguments Tuesday, the United States Supreme Court will hear arguments in a plea bargain case involving a defendant subject to deportation. - Lee v. United States U.S. Supreme Court March 29 arguments Wednesday, the United States Supreme Court will hear arguments in a case involving evidence withheld by the government from a defendant in a criminal case and a case on coconspirator liability. - Turner v. United States - Honeycutt v. United States

8th Circuit decides N.D. case

The United States Court of Appeals for the Eighth Circuit has affirmed the conviction and sentence in a North Dakota murder case. - United States v. Jackson

Tomorrow at the Court 10:45am Abell v. GADECO, LLC Oil, Gas and Minerals 1:30pm Cartwright v. Tong, M.D. Malpractice 2:45pm Public Service Commission v. Grand Forks Bean Company, Inc. Other (Civil) Waived Glende v. State Post-Conviction Relief 8:30am

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North Dakota Supreme Court News

March 28, 2017

34-year-old is first judicial appointment by Burgum
Grand Forks Herald: "Benjamen Johnson was sworn in Monday as a district court judge, the first judicial appointment by new Gov. Doug Burgum. The 34-year-old former public defender fills the vacancy left by longtime Williams County Judge David Nelson."
- Judge Johnson Biography

Court Facilities Improvement Advisory Committee April 7 agenda
The agenda for the April 7 meeting of the Court Facilities Improvement Advisory Committee and the committee's March 3 minutes have been posted.

Justice reinvestment bill moves foward
Bismarck Tribune: "A centerpiece of state criminal justice reform efforts this session inched one step further in its legislative journey after unanimously clearing the Senate Appropriations Committee on Tuesday morning."

U.S. Supreme Court opinion: March 28
The United States Supreme Court has issued an opinion in a capital punishment case on the standard for determing whether a defendant is an intellectually disabled individual.
- Moore v. Texas

Never been called for jury duty in Minnesota? You're not alone
MinnPost: "According to data from the Minnesota Court Information Office, just 4 percent of adult Minnesotans were summoned for jury duty in 2016 - well below the national average."

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North Dakota Supreme Court News

March 29, 2017

Judge Benjamen Johnson Investiture: The March 27, 2017 photos
Judge Benjamen Johnson was formally installed on the Northwest Judicial District bench in an investiture ceremony on March 27. He is Gov. Doug Burgum's first judicial appointment and replaces retired Judge David Nelson. Here are the photos of the ceremony.
- Judge Johnson Biography

U.S. Supreme Court opinions: March 29
The United States Supreme Court has released an opinion in a case involving a law that prohibits businesses from imposing fees on credit-card purchases.
- Expressions Hair Design v. Schneiderman

Minn. man convicted of attempted murder loses appeal centering on photo ID
Fargo Forum: "The Minnesota Court of Appeals has upheld the case of a Hermantown man who was convicted of luring a victim to rural Rice Lake and stabbing him a dozen times."
- Opinion Text: State v. Anderson

Positive report on juvenile justice in South Dakota
KELO News: "South Dakota has made significant progress in juvenile justice reform, according to the first annual oversight report."
- Gov. Dennis Daugaard's News Release

Job Announcement
A job announcement for an Associate Deputy Clerk of Municipal Court in Fargo has been posted.

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North Dakota Supreme Court News

March 30, 2017 New Opinions: March 30 The Supreme Court posted 17 new opinions on March 30. U.S.: Court curbs state laws on consumer price displays Constitution Daily: "The Supreme Court warned state governments on Wednesday that they may violate the rights of stores and others selling consumer goods or services by imposing tight restrictions on how they inform buyers about the prices being charged." U.S.: Justice Dept. watchdog criticizes asset forfeiture program Associated Press: "A government watchdog on Wednesday identified what it called weaknesses in the Justice Department's asset forfeiture program, including poor data collection and analysis, and inadequate training of local and state officers." - Justice Department Inspector General Report Minn.: Impaired driving case upheld but judge warns Upper Sioux police about video failure West Central Tribune: "The Minnesota Court of Appeals upheld a driving while impaired conviction in Yellow Medicine County which resulted from a traffic stop during which a squad car's video recording device stopped operating." - Opinion Text: State v. LaBatte Mont. SC overturns $1.5M default judgment in Workers' Comp case Legal News Line: "On March 21, the Supreme Court of Montana released a memorandum opinion on a Workers' Compensation case filed against the state's Workers' Compensation administrator Liberty Northwest Insurance." - Opinion Text: Thomas v. Liberty Northwest Ins. Co.

Tomorrow at the Court 9:30am Personnel Policy Board - Bismarck

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North Dakota Supreme Court News

March 31, 2017 February 2017 bar exam results released The State Board of Law Examiners met March 30 to review applications and make recommendations for the admission to practice law in North Dakota based on the results of the February 2017 state bar exam. Sixteen of the forty-one applicants who sat for the exam passed, which is a 39 percent pass rate. 2016 N.D. Juvenile Court Annual Report The 2016 Juvenile Court Annual Report has been posted. The report provides an in-depth look at the structure and work of the juvenile courts, which are a part of the state district court system. The juvenile courts focus on public safety, holding youth accountable for their behavior, youthful offender rehabilitation, and restoration of families. S.D. Juvenile Reforms: Less Punishment = More Crime KELO News: "The main goal of South Dakota's Juvenile Justice Reform in 2015 was to keep kids out of expensive detention centers and put more of them into counseling programs. Two years later, the Star Academy in Custer has closed and some new programs for non-violent offenders are attempting to take its place." Mont.: Supreme Court declines to intervene in 'usable' marijuana case Helena Independent Record: "The Montana Supreme Court declined to step into the criminal case of a Montana medical marijuana patient who is challenging the possession limit statute." - Order Text: Penning v. Souza Job Announcement A job announcement for a contract attorney with the Commission on Legal Counsel for Indigents in Cass County has been posted.

Monday at the Court 4:00pm

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North Dakota Supreme Court News

April 3, 2017 New Opinion: April 3 The Supreme Court posted a new opinion on April 3. Notice to the Public An unknown group or groups has been calling people to advocate for the appointment of Neil Gorsuch to the United States Supreme Court. The Caller ID for this group appears as "Supreme Court". The North Dakota Supreme Court is not affiliated with this group and has taken no position on the Gorsuch nomination. Registration open for Helen Hamilton Day CLE on Friday The UND Law Helen Hamilton Day CLE program, Women & International Law, will be held at the UND School of Law Baker Courtroom, Friday, April 7, with registration beginning at 9 a.m. Cost to attend for CLE credit is $25. If you are not seeking credits, the event is free and open to the public. U.S. Supreme Court opinions: April 3 The United States Supreme Court has released opinions in a case on the standard for reviewing a trial court's quashing of a subpoena and a case on federal mandatory minimum sentencing requirements. - McLane Co. v. EEOC

- Dean v. United States

92-year sentence affirmed in SD juvenile murder case U.S. News/AP: "The South Dakota Supreme Court has upheld a 92-year sentence against a man who was 14 when he was convicted of killing his stepfather, Attorney General Marty Jackley announced Friday." - Opinion Text: State v. Charles Lawyers want high court to take Minnesota sex offenders case Faribault County Register/AP: "Lawyers for sex offenders confined indefinitely to Minnesota's secure treatment program have asked a judge to stay all further proceedings while they ask the U.S. Supreme Court to review an appeals court finding that the program is constitutional." Mont.: ARCO digs up vintage Copper King War law in Opportunity lawsuit Montana Standard: "Atlantic Richfield Co. is reviving a century-old Montana legal maneuver - once used by the now ARCO-owned Anaconda Company to secure copper mines on the Butte Hill - in an attempt to avoid accountability for contamination from those same mines downstream in Opportunity."

Tomorrow at the Court 1:30pm Leavitt v. State Post-Conviction Relief 2:45pm Kulbacki v. Michael

Child Cust & Support (Div.\other)

Waived Rufus v. State Post-Conviction Relief Waived Mid Dakota Clinic v. Livengood Debtor/Creditor

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North Dakota Supreme Court News

April 4, 2017 New Opinion: April 4 The Supreme Court posted a new opinion on April 4. NECJD Judge McCarthy teaches students about court system Northeast Central District Judge Jason McCarthy led a discussion April 4 on the court system for 72 students from Jodi Dodson's Grand Forks South Middle School 6th grade class. He was assisted by court staff and other justice system partners including Assistant State's Attorney Nancy Yon, public defender David Ogren, court recorder Jodi Sherman, court reporter Tracy Jirout and court administrator Scott Johnson. Know your U.S. Constitution? More states look to teach it MPR News/AP: "Should U.S. high school students know at least as much about the Declaration of Independence, the Constitution and the Federalist papers as immigrants passing an American citizenship test?" Minnesota courts work to keep up with do-it-yourself demand Minneapolis Star Tribune: "The stroke of a pen on a simple document sealed his marriage 10 years ago. Now, buried in paperwork and unable to afford an attorney, Luis Hernandez can't seem to get divorced." Montana Supreme Court justices raise concerns about legal aid funding KTVH News: "All seven current justices of the Montana Supreme Court, along with eight retired members, are calling on Congress to continue funding two groups that help provide legal aid for people who can't afford it." S.D.: Judge rejects motion to throw out Indian hospital lawsuit U.S. News/AP: "A judge has ruled that the Rosebud Sioux Tribe in South Dakota can move forward on its lawsuit accusing the Indian Health Service of failing to provide adequate medical care to tribal members."

Tomorrow at the Court 1:30pm Peterson v. Schulz

Child Cust & Support (Div.\other)

2:45pm Vail v. S/L Services, Inc.

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North Dakota Supreme Court News

April 5, 2017 New Opinion: April 5 The Supreme Court posted a new opinion on April 5. Court adopts rule amendments related to victims' rights The Supreme Court has adopted amendments to N.D.R.Crim. P. 15, 16 and 32; N.D.R.Juv.P. 4 and 12.1; N.D.R.Ct. 3.4 and N.D.Sup.Ct.Admin.R. 41. The amendments are intended to implement the victims' rights provisions in N.D. Const. Art. I, § 25. They take effect May 1. U.S. court: Civil rights law covers LGBT workplace bias MPR News/AP: "A federal appeals court in Chicago on Tuesday ruled that the 1964 Civil Rights Act also protects LGBT employees from workplace discrimination, the first time a federal appellate court has come to that conclusion." - Opinion Text: Hively v. Ivy Tech Minn.: Court rejects parents' appeal on Stillwater school closures CBS Minnesota News: "The Minnesota Court of Appeals has rejected an effort by a group of parents to save three Stillwater elementary schools from closure, but the dispute isn't over." - Opinion Text: 834 VOICE v. ISD No. 834

Tomorrow at the Court 9:30am State v. Caster Misc. Statutory Offense (Felony) 10:45am Interest of J.J.A.M. Termination/Parental Rights

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North Dakota Supreme Court News

April 6, 2017 New Opinions: April 6 The Supreme Court posted two new opinions on April 6.

8th Circuit decides N.D. case

The United States Court of Appeals for the Eighth Circuit has affirmed the district court's denial of a sentence reduction in a North Dakota drug case. - United States v. Tollefson S.D.: State Supreme Court denies ABC bid to avoid 'pink slime' trial KELO News: "The South Dakota Supreme Court has rejected a move by ABC to avoid trial in a defamation lawsuit over the television network's reports on a beef product that critics dubbed 'pink slime.'" MN Supreme Court overturns ruling that woman lost job because she revealed pregnancy MPR News: "The Minnesota Supreme Court [April 5] overturned a discrimination decision against a St. Louis Park orthodontist, who rescinded a job offer to a woman after finding out she was pregnant." - Opinion Text: LaPoint v. Family Orthodontics Mont.: Supreme Court denies appeal of Anaconda nurse who had sexual relations with prisoner Montana Standard: "The Montana Supreme Court denied an appeal Tuesday to dismiss charges against an Anaconda nurse convicted of raping an inmate at an Anaconda drug treatment center in 2012, among dozens of other convictions." - Opinion Text: State v. Brunell

Tomorrow at the Court 10:00am Court Facilities Improvement Advisory Committee - Bismarck

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North Dakota Supreme Court News

April 7, 2017 U.S.: Senate confirms Trump pick Neil Gorsuch to Supreme Court Associated Press: "The Senate confirmed Neil Gorsuch to become the newest associate justice on the Supreme Court Friday, elevating Donald Trump's nominee following a corrosive partisan confrontation that could have lasting impacts for the Senate and the court." Nation: He got a bad grade. So, he got the Constitution amended. KUT News: "The story begins in 1982. A 19-year-old sophomore named Gregory Watson was taking a government class at UT Austin. For the class, he had to write a paper about a governmental process. So he went to the library and started poring over books about the U.S. Constitution." University of Minnesota student takes on injustices in the bail system Minneapolis Star Tribune: "Simon Cecil sat on a metal stoop at the Hennepin County jail's exit, studying a mug shot of a man he's never met but just paid $50 to bail out." Online sales tax law heads to South Dakota Supreme Court Bloomberg News: "The U.S. Supreme Court may soon have the occasion to rethink its 25-year-old limitation on states' sales tax jurisdiction over remote retailers." Job Announcement A job announcement for an Electronic Court Recorder for the District Court in Valley City has been posted.

Monday at the Court 2:45pm Chase v. State Post-Conviction Relief Waived State v. Howe Drugs/Contraband Waived State v. Froelich Assault

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North Dakota Supreme Court News

April 10, 2017 Judge McClintock honored at retirement celebration A retirement gathering was held April 8 in Rugby to recognize Judge John McClintock's 22 years of service to the citizens of Pierce & McHenry Counties, the Northeast Judicial District and the State of North Dakota. Judge McClintock formally retires April 14. - Judge John McClintock Biography U.S.: Gorsuch sworn into Supreme Court, vows to serve Constitution Associated Press: " President Donald Trump praised new Supreme Court Justice Neil Gorsuch during a public White House ceremony on Monday as a jurist who will rule 'not on his personal preferences but based on a fair and objective reading of the law.'" - Casper Star Tribune: New justice has deep roots in Wyoming Retired Montana Supreme Court justice dies at 99 Billings Gazette: "Justice John C. Sheehy, known to friends as Skeff, had a golden tongue, and it served him best on the day he was held at gunpoint in his state Supreme Court chambers for three hours." SD Supreme Court ruling casts doubt on fishing KDLT News: "Fishing, boating and hunting will no longer be allowed on roughly 25 lakes across South Dakota, based on a state Supreme Court ruling. The decision centers around what are called 'non-meandered' waters - lakes that have formed on private lands."

- Opinion Text: Duerre v. Hepler

Tomorrow at the Court 1:30pm State v. Turbeville Drugs/Contraband 2:45pm Johnson v. Johnson

Child Cust & Support (Div.\other)

Waived State v. Shick Drugs/Contraband Waived State v. Schnellbach Sexual Offense 8:00am Court Management Program - Fargo

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North Dakota Supreme Court News

April 11, 2017 U.S.: Cases, but also cafeteria duty, await Gorsuch at high court ABC News/AP: " How do you keep a new Supreme Court justice's head from getting too big? Start by making him take notes and answer the door at the justices' private meetings. Then, remind him he speaks last at those discussions." US Attorney opening office on Pine Ridge Indian Reservation U.S. News/AP: "The U.S. attorney for South Dakota is opening an office on the Pine Ridge Indian Reservation as part of a partnership among tribal, state and federal authorities to combat gun violence there." Minn.: Court of Appeals affirms man's discharge from sex offender program CBS Minnesota News: "The Minnesota Court of Appeals on Monday affirmed a decision to grant a man's provisional discharge from the state's treatment program for sex offenders, saying the program leader can't unilaterally prevent his conditional release by refusing to approve a residential setting for him." - Opinion Text: Matter of Kropp Nebraska ban on LGBT foster parents to end, court rules NBC Montana News: "The Nebraska Supreme Court upheld a decision to strike down a ban on same-sex couples becoming foster parents. The court compared the ban on its decision to 'a sign reading 'Whites Only' on the hiring-office door.'" - Nebraska Supreme Court Opinions Job Announcement A job announcement for a Temporary Electronic Court Recorder for the District Court in Minot has been posted.

Tomorrow at the Court 1:30pm Lewis v. Smart Divorce/Property Div./Alimony 2:45pm Fahey v. Fife Oil, Gas and Minerals

[ne...@ndcourts.gov]

North Dakota Supreme Court News

April 12, 2017 New Opinions: April 12 The Supreme Court posted two new opinions on April 12. Lawmakers work to synchronize justice reinvestment bills KFYR News: "Lawmakers say they aren't softening their stance on crime, just dishing out justice smarter. Four bills are working their way through the conference committee process, which basically means different versions of the same bills passed in both chambers." Toxic cleanup fight hits Mont. high court Courthouse News Service: "Does a federal law intended to help people clean up polluted areas stop those same people from using state laws to take the cleanup a step or two further? That's what the Montana Supreme Court will decide after hearing oral arguments [April 7] in a fight over the cleanup of two communities tainted by arsenic." Minn. Court of Appeals: Sheriff's office cannot deny 'burdensome' data requests KSTP News: "The Hennepin County Sheriff's Office violated a state law when it denied a public data request deemed 'overly burdensome,' according to the Minnesota Court of Appeals." - Opinion Text: Webster v. Hennepin County

Tomorrow at the Court

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North Dakota Supreme Court News

April 13, 2017

New Opinions: April 12 The Supreme Court posted two new opinions on April 12.

Court Technology Committee April 21 agenda The agenda for the April 21 meeting of the Court Technology Committee and the committee's Sept. 9, 2016, minutes have been posted. U.S. Supreme Court April 17 arguments Monday, the United States Supreme Court will hear arguments in a case on the limitations period in a class action, a case on judicial review of a Merit Systems Protection Board decision, and a case on standing requirements for intervenors. - California Public Employees' Retirement System v. ANZ Securities, Inc. - Perry v. Merit Systems Protection Board - Town of Chester v. Laroe Estates, Inc. Nation: Multistate bar exam scores drop to lowest point ever ABA Journal: "The average score on the multistate bar exam in February 2017 dropped by another point, reaching the lowest level since the exam was first administered in 1972." Montana Supreme Court rules inmate's slow death not due to discrimination Billings Gazette/AP: "The Montana Supreme Court has cleared Hill and Blaine county officials of discrimination in the slow, painful death of a teenager suffering from alcohol withdrawal symptoms while in jail for more than four days." - Opinion Text: Blaine County v. Stricker Minnesota Amish community fights wastewater rules Courthouse News Service: "Members of a southeastern Minnesota Amish community claim in court that municipal and state wastewater ordinances forcing them to install treatment systems violate their religious beliefs against modern conveniences."

Tomorrow at the Court Good Friday - Holiday

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North Dakota Supreme Court News

April 17, 2017 Joint Procedure Committee Jan. 26-27 minutes The unofficial minutes of the Joint Procedure Committee's Jan. 26-27 meeting have been posted. Stutsman-Barnes drug court aims to help delinquent teens Valley City Times Record: "With the state in a budget crisis, the cost of correctional services steadily increasing, and the world of risks for teens always seeming to get more severe, the Stutsman-Barnes Juvenile Drug Court works to keep delinquent juveniles in their homes while receiving treatment." Gorsuch full of questions in first U.S. Supreme Court argument Bloomberg News: "Justice Neil Gorsuch didn't wait long to start making his presence felt at the U.S. Supreme Court. Hearing arguments in his first case Monday - a procedural dispute involving the rights of federal employees who lose their jobs - Gorsuch waited only 10 minutes before unleashing a barrage of questions." U.S. Supreme Court April 18 arguments Tuesday, the United States Supreme Court will hear arguments in a case on the definition of "debt collector" under the Fair Debt Collection Practices Act and a case on the limitations period for claims of "disgorgement." - Henson v. Santander Consumer USA - Kokesh v. Securities and Exchange Commission U.S. Supreme Court April 19 arguments Wednesday, the United States Supreme Court will hear argument in a case on whether it was legal to exclude from an otherwise neutral and secular aid program and a case on the standard for showing ineffective assistance of counsel. - Trinity Lutheran Church of Columbia, Inc. v. Comer - Weaver v. Massachusetts Minn.: U.S. Congress bill encourages juvenile justice reform; Rice County 'already doing it' Northfield News: "A new bill, introduced into the United States House of Representatives by a local legislator, calls for states across the country to better utilize alternative programs and resources beyond detention in dealing with at-risk juveniles." Job Announcement A job announcement for a Special Case Contractor with the Commission on Legal Counsel for Indigents in Western North Dakota has been posted. Job Announcement A job announcement for an Indigent Defense Contractor with the Commission on Legal Counsel for Indigents in Dickey and LaMoure Counties has been posted.

Tomorrow at the Court 10:45am Interest of F.M.G. Mental Health 1:30pm Interest of R.W.B.C.

Child Cust & Support (Div.\other)

2:45pm Langved v. Continental Resources, Inc. Administrative Proceeding

[ne...@ndcourts.gov]

North Dakota Supreme Court News

April 18, 2017 Joint Procedure Committee April 27-28 agenda The agenda for the April 27-28 meeting of the Joint Procedure Committee and the committee's Jan. 26-27 minutes have been posted. Griggs County makes transition to new courthouse The first hearing held in the new Griggs County Courthouse was a March 13-15 jury trial. While the transition from old to new had been in the works for quite some time, the actual move was put on the fast track due to an equipment malfunction in the historic courthouse. Drug Court: A criminal justice success story Prairie Public: "Every Thursday at 4pm the gavel comes down to signal the start of drug court in Fargo, North Dakota. This week approximately 20 drug offenders have shown up to report on their efforts to stay clean of drugs and alcohol." U.S. Supreme Court opinions: April 18 The United States Supreme Court has issued opinions in a personal injury case involving discovery sanctions and Federal Employees Health Benefits Act case on preemption of state laws. - Goodyear Tire & Rubber Co. v. Haeger - Coventry Health Care of Mo. v. Nevils Minn.: U of M's newly funded legal clinics bring immigration law to life MinnPost: "Nadia Anguiano-Wehde was working as a mechanical engineer for IBM when she made a mid-career move, enrolling at the University of Minnesota Law School. She quickly found her niche in the school's James H. Binger Center for New Americans." Job Announcement A job announcement for an Indigent Defense Juvenile Contractor with the Commission on Legal Counsel for Indigents in Cass County has been posted.

Tomorrow at the Court Juvenile Court Conference - Fargo

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North Dakota Supreme Court News

April 19, 2017 Judgeship retained at Rugby The Supreme Court has ordered the judgeship vacated by the retirement of District Judge John C. McClintock, Jr., to be retained at Rugby. Judgeship retained at Jamestown The Supreme Court has ordered the judgeship being vacated by the retirement of District Judge John E. Greenwood, effective August 1, 2017, to be retained at Jamestown. May Term of Court The May term of court has been posted, including issues and briefs. Moody M. Farhart 1926-2017 Longtime Minot attorney Moody M. Farhart died April 17. He was a UND School of Law graduate and was admitted to the North Dakota bar in 1959. Funeral arrangements are pending. - Moody M. Farhart Attorney Record - Funeral Home U.S. Supreme Court opinions: April 19 The United States Supreme Court has issued an opinion in a case on whether Colorado can retain fees collected from exonerated defendants and a case on the procedure for appealing a deferred restitution order. - Nelson v. Colorado - Manrique v. United States U.S. Supreme Court hesitant to expand debt collection abuse law Reuters: "The U.S. Supreme Court on Tuesday appeared skeptical of widening the scope of who can be subject to a federal law targeting debt collectors' abusive practices by including those who buy debt, sometimes for pennies on the dollar." Foreclosure action involving fill-in judge upheld by Montana high court Legal News Line: "The Montana Supreme Court on April 4 said a retired judge who was temporarily hearing some cases in the Flathead County was right to grant summary judgment to Capital One, NA in a mortgage foreclosure proceeding." - Opinion Text: Capitol One v. Guthrie Minn.: Dodge County feedlot appeal vacated Rochester Post Bulletin: "The dispute between farmers Lowell and Evelyn Trom and Dodge County regarding a feedlot operation has taken another turn. The Minnesota Court of Appeals has vacated the Dodge County District Court's summary judgment upholding the county's issuing a conditional-use permit." - Opinion Text: Trom v. Dodge County

Tomorrow at the Court 9:30am Paving District 476 Group v. City of Minot Other (Civil) 10:45am State v. Blotske Sexual Offense 1:30pm City of Grand Forks v. Reilly Dui/Dus

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North Dakota Supreme Court News

April 20, 2017 New Opinions: April 19 The Supreme Court posted two new opinions on April 19. U.S.: Sessions expands program to combat crime on tribal lands U.S. News/AP: "U.S. Attorney General Jeff Sessions moved Tuesday to expand an Obama administration initiative to allow more tribal authorities access to federal anti-crime databases - an action long sought by tribes from the Metlakatla of Alaska to the Oneida of New York." S.D.: Black Law Student Association hopes to continue growing, promoting diversity USD Volante: "With their final meeting of the year and election of a new executive team complete, the Black Law Student Association is hoping to spread awareness and diversity throughout the law school and USD." MN court: Your age is whatever your birth record says it is MPR News: "If you believe that time is so relative that it is whatever we think it is, you can perhaps identify with John Doe, the unnamed person who wants to change his birthdate to April 10, 1976. This week, the Minnesota Court of Appeals said 'no.'" - Opinion Text: Matter of Doe

Tomorrow at the Court 9:15am Court Technology Committee - Bismarck

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North Dakota Supreme Court News

April 21, 2017 Notice of Judicial Vacancies The Judicial Nominating Committee has received letters from Governor Doug Burgum convening the committee to screen applicants and submit a list of nominees to fill two judgeships: one in the Northeast Judicial District and one in the Southeast Judicial District. Applications are due May 1. Moody M. Farhart 1926-2017 Longtime Minot attorney Moody M. Farhart died April 17. He was a UND School of Law graduate and was admitted to the North Dakota bar in 1959. The funeral service is at 10:30 on Monday, April 24, at the Oliver Nathan Funeral Chapel in Valley City.

- Moody M. Farhart Attorney Record - Funeral Home

New ND law makes all juveniles eligible for release from prison G.F. Herald: "A new law signed by the governor on Monday will give all convicted juveniles - regardless the crime - an opportunity for release from prison. House Bill 1195 allows long-serving inmates, who were sentenced as kids, to apply for release after 20 years." - HB 1195 Bill Actions Justice reform bills pass the Legislature Bismarck Tribune: "A set of bills meant to reform the state corrections system has passed the Legislature. The four bills target different aspects of the criminal justice system, including sentencing, supervision and behavioral health services." Chief Justice makes funding plea for MN courts MPR News: "The chief justice of the Minnesota Supreme Court is urging state lawmakers to provide adequate funding for the state court system. Chief Justice Lorie Gildea testified Thursday during a conference committee hearing." SD Supreme Court upholds sentence in killing of cab driver U.S. News/AP: "The South Dakota Supreme Court has upheld concurrent 200-year sentences against a Pierre man who was 14 when he killed a cab driver more than two decades ago." - Opinion Text: State v. Jensen Mont.: US Supreme Court asked to intervene in special election NBC Montana News: "Three minor party and independent candidates who want to run in Montana's special congressional election are asking the U.S. Supreme Court to intervene."

Monday at the Court

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North Dakota Supreme Court News

April 24, 2017

Chief justice calls corrections reform 'the right thing to do'
Bismarck Tribune: "The state's top jurist said a package of corrections bills signed by the governor this week was more than fiscally savvy. 'It is not only money, it is the right thing to do,' said Gerald VandeWalle, chief justice of the North Dakota Supreme Court."

U.S. Supreme Court April 24 arguments
Monday, the United States Supreme Court hears arguments in a case on whether an indigent defendant has a right to an expert witness independent from the prosecution and a case on procedural bars to ineffective assistance of counsel claims.
- McWilliams v. Dunn
- Davila v. Davis

U.S. Supreme Court April 25 rguments
Tuesday, the United States Supreme Court hears arguments in two cases case on long arm jurisdiction in state court.
- BNSF Railway Co. v. Tyrrell
- Bristol-Myers Squibb Co. v. Superior Court of California

U.S. Supreme Court April 26 arguments
Wednesday, the United States Supreme Court hears arguments in a case under the Biologics Price Competition and Innovation Act and in a case on whether a naturalized American citizen have her citizenship revoked for making an immaterial false statement in her naturalization application.
- Sandoz Inc. v. Amgen Inc.
- Maslenjak v. United States

8th Circuit decides N.D. case

The United States Court of Appeals for the Eighth Circuit has affirmed the district court's rejection of a sentence reduction request in a North Dakota drug case.
- United States v. Cossette

Mont.: US Supreme Court won't intervene in special election
NBC Montana News/AP: "The ballot for Montana's special congressional election is set after the U.S. Supreme Court rejected an appeal by three minor party and independent candidates who want to run in next month's race."

S.D.: Though supervising fewer offenders, SB 70 leaves court services busier than ever
Mitchell Daily Republic: "With fewer probationers on average to supervise, local court services officers have found room to breathe. In South Dakota's First Judicial Circuit, which includes Davison County, court services officers last year supervised 20 percent fewer probationers on average."

Job Announcement
A job announcement for a City Attorney for the City of Dickinson has been posted.

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North Dakota Supreme Court News

April 25, 2017

New Opinions: April 25
The Supreme Court posted 25 new opinions on April 25.

Justice Kapsner announces resignation
Justice Carol Kapsner has announced her resignation effective July 31. She was appointed to the Supreme Court in October 1998 by Governor Edward T. Schafer after a long career in private practice. She is a University of Colorado School of Law graduate.
- Gov. Burgum's News Release
- Justice Kapsner Biography

NEJD Judge Geiger to retire
District Judge Richard Geiger has announced his retirement effective October 1. He was elected judge of the Northeast Judicial District in 1994. He previously served as county judge of Walsh, Pembina, and Cavalier Counties from 1987-1994.
- Judge Geiger Biography

Ward County Bar Association to hold open discussion for attorneys, judges
The Ward County Bar Association will hold an open discussion on April 28 from noon to 1 p.m. in the Ward County Administration Building, Room 106. The purpose of the discussion is to review current practices, discuss concerns, and explore solutions in hopes of continued improved communication and procedural enhancement between attorneys and the courts.

U.S. Supreme Court opinion: April 25
The United States Supreme Court has issued an opinion in a personal injury case involving tribal sovereign immunity.
- Lewis v. Clarke

U.S.: Justices weigh defendants' right to own mental health expert
Associated Press: "The Supreme Court seemed closely divided Monday about whether an Alabama death row inmate should get a new sentencing hearing because he did not have a mental health expert on his side when he was tried and sentenced to death."

Minn. burglary conviction rests on this question: Is a motel room a building?
MPR News: "Lionel Lopez broke into a Willmar motel room in November 2015 while its occupant - a co-worker - was taking a shower. Lopez swiped a cellphone and a wallet. Is that burglary?"
- Opinion Text: State v. Lopez

Mont.: Charity con man can be asked to pay restitution, court rules
Bozeman Daily Chronicle/AP: "A Maryland saxophone player who was convicted of defrauding a Montana charity could be required to pay restitution to victims of similar schemes throughout the country, the 9th U.S. Circuit Court of Appeals has ruled."
- Opinion Text: United States v. Johnson

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North Dakota Supreme Court News

April 26, 2017 U.S.: High court kills tribal immunity for casino employees Courthouse News Service: "Tribal immunity does not shield a casino's limo driver for Mohegan Sun Casino from having to pay the couple he rear-ended on a highway, the Supreme Court ruled Tuesday." Minn.: Judges, lawyers want to fix bail system to keep poor out of jail Minneapolis Star Tribune: "Mary Ellen Heng doesn't think a bank account should dictate how long someone spends in jail. Yet throughout her career, the deputy Minneapolis city attorney has repeatedly seen exactly that: people lingering in Hennepin County jail because they can't afford a $78 bail." S.D.: Sturgis-area campground fights for city status in court U.S. News/AP: "The Buffalo Chip Campground of Sturgis Motorcycle Rally fame asked South Dakota's Supreme Court on Tuesday to let it remain a city. The high court heard arguments after a lower court ruled against the Board of Meade County Commissioners and the campground last year." Job Announcement A job announcement for an Attorney (Non-classified) with the North Dakota Insurance Department in Bismarck has been posted.

Tomorrow at the Court Joint Procedure Committee

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North Dakota Supreme Court News

April 27, 2017

A case for education: UND School of Law mulls tuition hikes in light of budget cuts
Grand Forks Herald: "Gerald VandeWalle, chief justice of the North Dakota Supreme Court, says there aren't many attorneys left in the field from his graduating law class at UND. 'I was 1958,' said the 83-year-old judge. 'There are still two of us licensed in the state, I believe.'"

SD: First time in history, majority of women on SD Supreme Court
SDPB.org: "The South Dakota Supreme Court had a majority of female justices for one case on Tuesday, April 25."

National: 1st Amendment doesn't always protect government workers
ABA Journal: "High-profile controversies over police shootings, questionable promotions, racial profiling, attacks on law enforcement and race-based incidents have led to an increase in public employees being disciplined for publicly posting commentary deemed offensive or incendiary."

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North Dakota Supreme Court News

April 28, 2017

New Opinion: April 28
The Supreme Court posted a new opinion on April 28.

Court makes rule changes in response to constitutional amendment
The North Dakota Supreme Court has adopted several rule amendments in response to the Marsy's Law constitutional amendment, N.D. Const. Art. I, 25. The amendments take effect May 1.

G.F. bar association meets with Senate staffer
Tessa A Gould, Chief of Staff for US Senator Heidi Heitkamp spoke at the April meeting of the Grand Forks County Bar Association. Gould updated the members on the workings of Senator Heitkamp's office and the Senator's position on various issues.

At North Dakota's only Youth Court, kids hold other kids accountable
Bismarck Tribune: "Twice weekly in a conference room here, children and teens accused of shoplifting, vandalizing, egging a house or some other disorderly act sit before a jury of their peers to face the consequences."

Minnesota's top judge speaks on the justice system
Brainerd Dispatch: "Minnesota Supreme Court Chief Justice Lorie Gildea spoke in Brainerd Tuesday on why the state's judicial system is the best in the nation, and why state lawmakers should give it adequate funding as they decide budgets during the 2017 legislative session."

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North Dakota Supreme Court News

May 1, 2017 New Order: May 1 The Supreme Court posted a new discipline order on May 1. 4 apply for NE Judicial District judgeship Four lawyers have applied to fill the Northeast Judicial District judge vacancy created by the retirement of Judge John C. McClintock. They are: Meredith K. Childress, Minot, William R. Hartl, Rugby, Michael P. Hurly, Devils Lake, and Misty L. Nehring, Williston. 6 apply for Southeast district judge vacancy Six lawyers have applied to fill the Southeast Judicial District vacancy created by the retirement of Judge John Greenwood. They are Daniel J. Borgen, Bismarck, Cherie L. Clark, Fargo, Robert W. Martin, Minot, Kimberly J. Radermacher, LaMoure, Steven J. Simonson, Fargo, and Nicholas D. Thornton, Fargo. U.S. Supreme Court opinions: May 1 The United States Supreme Court has issued opinions in a case on Venezuela's seizure of foreign owned oil rigs and in a fair housing act case involving predatory lending practices. - Republic of Venezuela v. Helmerich & Payne Int'l Drilling Co. - Bank of America Corp. v. Miami U of M research team tracks complex web of monetary sanctions in Minnesota University of Minnesota: "When criminal justice is implemented across Minnesota, the effects of financial penalties associated with the courts and sentencing, can create a cycle of disadvantage for defendants, according to a research team at the University of Minnesota." S.D.: Federal prosecutors to hold office hours in Pine Ridge U.S. News/AP: "The U.S. Attorney's Office in South Dakota is going to hold weekly office hours on the Pine Ridge Indian Reservation. The federal prosecutors say they'll be on the reservation each Wednesday from 9 a.m. to 3 p.m." Mont.: Court rules against immediate protections for whitebark pine NBC Montana News/AP: "An appeals court has ruled that U.S. government officials don't have to take immediate action to protect a pine tree that is a source of food for threatened grizzly bears." - Opinion Text: Wildwest Institute v. Kurth

Tomorrow at the Court 9:30am Dixon v. Dixon Oil, Gas and Minerals 10:45am State v. Majetic Sexual Offense 1:30pm State v. Watkins Theft 2:45pm State v. Davison Sexual Offense 2:45pm State v. Heily Sexual Offense 2:45pm State v. Janke Sexual Offense

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North Dakota Supreme Court News

May 2, 2017

2017 N.D. Spring Bar Admission Ceremony
Twelve attorneys were admitted to practice in North Dakota in a ceremony on May 1, 2017, in the Supreme Court's Ralph Erickstad Courtroom. Here are the photos.

U.S.: Kagan says Scalia's death forced court to bridge divides
ABC News/AP: "The U.S. Supreme Court learned important lessons about consensus building during the year it operated with a vacancy, Justice Elena Kagan said Monday."

Nation: Sent to prison by a software program's secret algorithms
New York Times: "When Chief Justice John G. Roberts Jr. visited Rensselaer Polytechnic Institute last month, he was asked a startling question, one with overtones of science fiction."

Judge L. Howard Bennett, grandson of slave, broke race barriers in Minnesota
Minneapolis Star Tribune: "It was a day both monumental and mundane. The cases on the Minneapolis conciliation court docket included a furniture upholsterer accusing a client of insufficient pay."

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North Dakota Supreme Court News

May 3, 2017 Notice of Supreme Court Vacancy The Judicial Nominating Committee received a letter from Governor Doug Burgum convening the Committee to screen applicants and submit a list of nominees to fill the seat on the Supreme Court as a result of the retirement of Justice Carol Ronning Kapsner. Applications are due May 15. North Dakota celebrates Drug Court Month This May, drug courts throughout North Dakota will join over 3,200 drug courts and veteran treatment courts nationwide in celebrating National Drug Court Month. - Gov. Burgum's Proclamation Myers says no longer interested in staying as US Attorney U.S. News/AP: "Acting U.S. Attorney Chris Myers of North Dakota says he is no longer interested in staying on as the state's top federal prosecutor." Butte homicide case argued before Montana Supreme Court at MSU Bozeman Daily Chronicle: "Montana Supreme Court justices heard arguments in a Butte homicide case as part of an annual Law Day event at Montana State University on Monday." Minn.: Appeals court finds Morrison County judge erred in sentencing Brainerd Dispatch: "In a rare move, the Minnesota Court of Appeals reversed the sentence of a Little Falls man who pleaded guilty to aiding and abetting arson in Morrison County." - Opinion Text: State v. Weidenbach

Tomorrow at the Court Clerk of Court Conference - Minot

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North Dakota Supreme Court News

May 4, 2017 Meet the Northeast judge applicants Meredith K. Childress, William R. Hartl, Michael P. Hurly, and Misty L. Nehring have applied to fill the Northeast Judicial District judge vacancy created by the retirement of Judge John C. McClintock. The applicants have provided brief information on their background, education, and legal careers. Mental health and the criminal justice system: Can Minnesota do better? MPR News: "During a panel discussion at the St. Paul Sunrise Rotary on April 20, three professionals working in criminal justice and mental health care suggested various ways to help diagnose problems early, reduce stigma and better intervene before a crisis." Mont.: County treatment court is in top 4 in U.S. Billings Gazette: "Judge Mary Jane Knisely's Yellowstone County Veterans Treatment Court is one of the top four in the nation, a model the 350 or so similar treatment courts across the country can now visit and learn from." S.D.: Northern Hills Drug Court celebrates 'National Drug Court Month' with graduation Rapid City Journal: "In celebration of 'National Drug Court Month' and the Northern Hills Drug Court's 100th graduate; the Northern Hills Drug Court will hold a graduation ceremony at 3:30 p.m. on May 23, at the Sturgis Community Center Theater." Job Announcement

A job announcement for a Temporary Electronic Court Recorder for the District Court in Minot has been posted.

Tomorrow at the Court

Clerk of Court Conference - Minot

9:30am Juvenile Drug Court Advisory Committee - Bismarck

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North Dakota Supreme Court News

May 5, 2017

Meet the Southeast judge applicants
Daniel J. Borgen, Cherie L. Clark, Robert W. Martin, Kimberly J. Radermacher, Steven J. Simonson, and Nicholas D. Thornton have applied to fill the Southeast Judicial District judge vacancy created by the retirement of Judge John Greenwood. The applicants were asked to provide brief information on their background, education, and legal careers.

First Lady Kathryn Burgum visits Juvenile Drug Court
First Lady Kathryn Burgum visited the South Central Juvenile Drug Court on Thursday, May 4. Justice Lisa Fair McEvers and the First Lady's assistant, Heidi Tranby, were also in attendance. The South Central Juvenile Drug Court along with the other drug treatment courts in the state are celebrating Drug Court Month.

N.D. Attorney General opinion: May 5
Attorney General Wayne Stenehjem has issued an opinion that a local elected official is not subject to recall if the regularly scheduled election occurs within one year of the date the filing officer certifies the recall petition is valid.

Court upholds South Dakota use of Common Core testing group
U.S. News/AP: "The South Dakota Supreme Court this week upheld the state's participation in a group that developed Common Core-aligned testing for students and ruled that the assessments don't violate state law."
- Opinion Text: Mauricio v. Daugaard

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North Dakota Supreme Court News

May 8, 2017 Court Services Administration Committee May 12 agenda The agenda for the May 12 meeting of the Court Services Administration Committee and the committee's March 17 minutes have been posted. People pick up studies at state penitentiary Bismarck Tribune: "When Darryl Jarvis grew up in West Virginia, he didn't care much for school. In fact, he dropped out when he turned 16. 'If I couldn't understand it, they wouldn't explain it,' he said. 'When I got behind on classes, it got old.'" Clarence Thomas: Sen. Danforth is 'the reason why I'm here' Associated Press: "Supreme Court Justice Clarence Thomas reunited Friday with his mentor and the man who stood beside him through a difficult confirmation hearing, telling former Missouri Sen. John Danforth he owes him his career." U.S.: Appeals court holds key to future of wolves St. Cloud Times: "Gray wolves in Minnesota, Wisconsin and Michigan could again find themselves in hunters' crosshairs - possibly as soon as this fall if federal protections are removed for the predators." On MN Supreme Court, David Stras found unlikely allies MPR News: "Minnesota Supreme Court Justice David Stras, a Tim Pawlenty appointee, is heading for the federal bench now that President Donald Trump has nominated him for for the 8th Circuit Court of Appeals." Job Announcement A job announcement for a DUI Court Surveillance Officer with the Richland County State's Attorney in Wahpeton has been posted.

Tomorrow at the Court 9:30am Schaffner v. Schaffner

Child Cust & Support (Div.\other)

Waived State v. Cody Theft

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North Dakota Supreme Court News

May 9, 2017 Longtime federal prosecutor seeking top job Bismarck Tribune: "A longtime federal prosecutor in the Bismarck U.S. Attorney's Office has put his name in for the top job. Criminal Chief Clare Hochhalter formally applied Monday for the position of U.S. Attorney for the District of North Dakota." Minn.: Hunting accident pits father against son MPR News: "The Minnesota Court of Appeals [May 8] reinstated a hunter's lawsuit against the owner of property on which he was hunting, whom he says is responsible for his falling from a tree while trying to climb into a deer stand in Pine County." - Opinion Text: Ouradnik v. Ouradnik Pro bono legal services for MT totaled $18 million in 2016 KTVH News: "The Montana Supreme Court and the State Bar of Montana announced Monday that in 2016 almost $18 million was reported in pro bono legal services for low-income families by attorneys across the state."

Tomorrow at the Court 1:30pm State v. Wilkie Misc. Statutory Offense (Felony) Waived Matter of L.Z.N. Other (Civil)

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North Dakota Supreme Court News

May 10, 2017

Visiting the Supreme Court
Visitors to the Supreme Court should be aware the only public entrance into the Capitol is the south doors underneath the large outside stairway. The entrance has walk-through metal detectors staffed by the North Dakota Highway Patrol security during regular business hours. The closest parking for the south entrance is to the east of the entrance, and the west side of the Capitol. If you have a scheduled argument or appointment, allow at least 15 minutes to park, enter through the south door and come to the Supreme Court on the far east end of the first floor of the Capitol.

Court adopts amendments to summary disposition rule
The Supreme Court has adopted amendments to N.D.R.App.P. 35.1 on summary dispositions. The amendments take effect May 10.

Juvenile Policy Board May 12 agenda
The agenda for the May 12 meeting of the Juvenile Policy Board and the board's Feb. 10 minutes have been posted.

8th Circuit issues opinion in N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the conviction in a North Dakota drug distribution and sex trafficking case.
- United States v. Graves

Harsher sentences could result from guidance weighed by US
ABC Fox Montana News/AP: "Justice Department officials have been weighing new guidance that would encourage prosecutors to charge suspects with the most serious offenses they can prove."

Minn.: Wayzata students get to question Trump court nominee Stras
MPR News: "Wayzata High School students on Tuesday got to ask President Trump's nominee to the 8th Circuit United States Court of Appeals some questions."

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North Dakota Supreme Court News

May 11, 2017 University of North Dakota proposes tuition hikes, including 9 percent increase at law school Bismarck Tribune: "UND has proposed a 7 percent tuition increase for most graduate programs, as well as a 9 percent jump in rates at the law school. Tuition for the law program, which is the only one of its kind in North Dakota, have been ranked in the past among the least expensive -- if not the outright cheapest -- in the country." New ND law decreases drug charges for marijuana users, first time offenders WDAZ News: "A new law to help relieve North Dakota prisons is also giving drug users a big break. Under the measure first time possession charges are no higher than a misdemeanor." ABA issues formal ethics opinion The American Bar Association has issued Formal Ethics Opinion 477 on securing communication of protected client information. Search warrants can now be processed electronically in Minnesota FOX 21 News: "The Minnesota Bureau of Criminal Apprehension announced the eSearch Warrant application, which is now available to law enforcement agencies statewide." Job Announcement A job announcement for an Indigent Defense Contractor with the Commission on Legal Counsel for Indigents in the Northwest Judicial District has been posted. Job Announcement A job announcement for a Court Reporter with the District Court in Jamestown has been posted.

Tomorrow at the Court 9:00am Juvenile Policy Board - Bismarck 10:00am Court Services Administration Committee - Bismarck

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North Dakota Supreme Court News

May 12, 2017

Mandigo Hulm, Hutton, and Absey become Fellows of the Institute for Court Management
On May 5, 2017, Petra H. Mandigo Hulm, Kelly Hutton, and Rebecca Absey became Fellows of the Institute for Court Management (ICM).

N.D. Attorney General open meeting opinions: May 12
Attorney General Wayne Stenehjem has issued opinions that: the Glen Ullin City Council violated the law when a quorum of city council members met informally with a sales representative; the Devils Lake City Commission violated the law when it held a closed executive session to discuss personnel issues; and the Cass County Commission violated the open meetings law when it provided tacit approval for a decision via email.
- A.G. Opinion 2017-O-02
- A.G. Opinion 2017-O-03
- A.G. Opinion 2017-O-04

N.D. Attorney General letter opinion: May 12
Attorney General Wayne Stenehjem has issued an opinion that a county recorder may not file or record a land surveying document unless it includes the signature and seal of a registered professional land surveyor.

DOCR posts quarterly newsletter
The latest edition of the Department of Corrections and Rehabilitation newsletter has been posted.

S.D.: The ups and downs of plea deals
KELO News: "Plea deals don't always bring the kind of justice a victim and their family might be looking for, but they do have benefits. In Minnehaha County, where the number of court cases has jumped 17 percent in the past year, plea deals are a necessity."

Mont.: Governor signs bill aimed at clarifying Marsy's Law
Bozeman Daily Chronicle: "Montana Gov. Steve Bullock recently signed a bill into law that attempts to clarify rights for crime victims. House Bill 600 was signed by the governor on May 4."

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North Dakota Supreme Court News

May 15, 2017

11 apply for Supreme Court vacancy
Eleven lawyers have applied to fill the Supreme Court vacancy that will be created when Justice Carol Kapsner resigns effective July 31. They are: Reid Brady, Fargo; Grady Crooks, Haughton, La.; Charles DeMakis, Minot; Judge James Hill, Mandan; Judge Jon J. Jensen, Grand Forks; Sophie Morgan, Bismarck; Janilyn Murtha, Dickinson; Matthew Olson, Minot; Judge Robin Schmidt, Watford City; Todd Schwarz, Bismarck; and Marina Spahr, Bismarck.
- Justice Kapsner announces resignation

Richland County Clerk of Court Cynthia Schmitz 1963-2017
Richland County Clerk of Court Cindy Schmitz died May 13, 2017. Ms. Schmitz began working for the court system in 1984 when she was hired as a deputy clerk in Dickey County. From 1991 to 1997, she held the elected position of Dickey County Clerk of Court. She was appointed Richland County Clerk of Court in 1997.
- Funeral Home

Richland County Clerk of Court office closed May 17
The Richland County Clerk of Court office will be closed on Wednesday, May 17, 2017. Persons needing assistance that day, should contact the Cass County Clerk of Court office at 701-451-6900. All hearings that were scheduled to be heard in Richland County on May 17 have been rescheduled.

ECJD Adult Drug Court to celebrate anniversary
Ten years ago, the second Adult Drug Court in the East Central Judicial District opened its doors. A special ceremony will be held to mark the anniversary on Monday, May 22, at 3 p.m. in the Cass County Commission Room at the Cass County Courthouse in Fargo.

U.S. Supreme Court opinions: May 15
The United States Supreme Court has issued opinions in a health care arbitration case, a case on the treatment of military retirement pay in a divorce, and a bankruptcy case involving time-barred debt.
- Kindred Nursing Centers Ltd. v. Clark
- Howell v. Howell
- Midland Funding, LLC v. Johnson

Minn.: Federal judge returns to Duluth roots for CSS commencement
Duluth News Tribune: "A Duluthian through and through, U.S. District Judge Patrick Schiltz wasn't fazed by the setting of his commencement address to College of St. Scholastica graduates on Saturday."

Tablets coming for SD inmates
Sioux Falls Argus Leader: "They won't have access to Facebook or Twitter, but every inmate in South Dakota's prison system will soon have their own tablet computer."

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North Dakota Supreme Court News

May 16, 2017

New Opinions: May 16
The Supreme Court posted 13 new opinions on May 16. Due to a technical problem, the opinion posted on the website in Barrios-Flores v. Levi, Supreme Court No. 20160103, is temporary and the format is different than the Court's other opinions. It will be replaced once the technical problem is fixed.

Dickey County Clerk of Court office to be closed Wednesday morning
The Dickey County Clerk of Court's office will be closed on Wednesday, May 17, from 8:30 a.m. to 1 pm.

U.S.: Justices rule against consumer in debt collection case
ABC Fox Montana News/AP: "A divided Supreme Court ruled Monday that debt collection companies can't be sued for trying to recover years-old credit card debt from people who seek bankruptcy protection."

Another court loss for MN man challenging DUI search rules
MPR News: "A Minnesota man who may have tested the state's implied consent laws more often than any other driver charged with driving under the influence has lost again at the Minnesota Court of Appeals."
- Opinion Text: Brooks v. State

Regents add $400 fee per semester to prepare USD law school students
Mitchell Daily Republic: "Students at the University of South Dakota law school in Vermillion face an additional $2,400 in fees starting this fall.The fee of $400 per semester would pay for a training program that helps students prepare for the State Bar of South Dakota exam."

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North Dakota Supreme Court News

May 17, 2017 Meet the Supreme Court applicants Eleven lawyers have applied to fill the Supreme Court vacancy that will be created by the resignation of Justice Carol Kapsner. The applicants were asked to provide brief information on their background, education, and legal careers. Here are highlights with links to more detailed information provided by the applicants.

- Justice Kapsner announces resignation

U.S.: Court OKs plan for $380M in Native American farmer lawsuit U.S. News/AP: "An appeals court panel on Tuesday approved a lower court's plan for distributing $380 million left over from the U.S. government's loan discrimination settlement with American Indian farmers and ranchers six years ago." - Opinion Text: Keepseagle v. Perdue Supreme Court rejects appeal of Montana open primary law KPAX News: "The U.S. Supreme Court won't take up the dispute over Montana's 'open primary' system, opting not to hear a final appeal in the case which began in Ravalli County." Minn.: Appeals Court says city bus contract 'invalid' Rochester Post Bulletin: "A Minnesota Appeals Court ruling in favor of Rochester City Lines calls into question the validity of a four-year bus contract issued in 2016. The Appeals Court ruled that Rochester's 'best-value' competitive bid process is 'unreasonable, arbitrary, or capricious.'" - Opinion Text: Rochester City Lines v. City of Rochester

Tomorrow at the Court 9:30am State v. Hyde Drugs/Contraband 10:45am Stuber v. Engel Real Property

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North Dakota Supreme Court News

May 18, 2017

New Opinion: May 18
The Supreme Court posted a new opinion on May 18.

Administrative Council May 23 agenda
The agenda for the May 23 meeting of the Administrative Council and the council's Feb. 24 minutes have been posted.

Judicial Conference Executive Committee May 23 agenda
The agenda for the May 23 meeting of the Judicial Conference Executive Committee and the committee's March 1 minutes have been posted.

Fallen officers honored at state Capitol
Bismarck Tribune: "The sound of 'Amazing Grace' played on the bagpipes reverberated through Memorial Hall at the state Capitol as about 100 people remembered North Dakota law enforcement officers killed in the line of duty."

8th Circuit Bankruptcy Appellate Panel decides N.D. case
The United States Bankruptcy Appellate Panel for the Eighth Circuit has affirmed a Bankruptcy Court decision on attorney fees in a North Dakota case.
- McCormick v. Starion Financial

MN Supreme Court upholds juvenile's sentence in Seward killings
MPR News: "Over the objections of one justice, the Minnesota Supreme Court Wednesday upheld the life sentences given to the killer of three people at the Seward Market and Halal Meat on East Franklin Ave., in Minneapolis in 2010."
- Opinion Text: State v. Ali

S.D.: DUI court aims to save money and lives
KELO News: "Every year, thousands of people are arrested for driving drunk in the area. Fines, loss of license, and even jail time can follow. But does spending time behind bars reduce the likelihood of driving drunk again?"

Job Announcement
A job announcement for a Court Reporter with the District Court in Bismarck has been posted.

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North Dakota Supreme Court News

May 19, 2017

New Opinion: May 19
The Supreme Court posted a new opinion on May 19.

Herbert L. Meschke 1928 - 2017
Herbert L. Meschke, former Justice of the North Dakota Supreme Court, died May 19, 2017, at his Minot home. Funeral arrangements are pending. Meschke was appointed to the Court in January 1985 and retired September 30, 1998.

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North Dakota Supreme Court News

May 22, 2017

U.S. Supreme Court opinions: May 22
The United States Supreme Court has issued opinions in a state redistricting case, a foreign service of process case, and a patent venue case.
- Cooper v. Harris
- Water Splash v. Menon
- TC Heartland v. Kraft Foods

National:Lawyer who reacted to judge's ruling with muttered obscenity is suspended from federal practice
ABA Journal: "A lawyer who rolled her eyes and complained that a judge's ruling was "f-- bull--" has been suspended from practice in Chicago federal court for 90 days."
- In re Motta Order

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North Dakota Supreme Court News

May 24, 2017

Job Announcement
A job announcement for a Staff Attorney position with Legal Services of North Dakota has been posted.

Job Announcement
A job announcement for an Assistant Attorney General position with the AG's Civil Litigation, Natural Resources, and Indian Affairs Division in Bismarck has been posted.

National: Apple Settles Legal Dispute With Nokia
New York Times: "Apple and Nokia settled a legal dispute on Tuesday over the right of the iPhone maker to use patents and other intellectual property owned by the Finnish telecommunications company."

May 23, 2017

Court seeks comment on NEJD vacancy
The Supreme Court has issued a Notice of Consultation regarding the vacancy in Judgeship No. 6 in the Northeast Judicial District with chambers in Grafton. Comments on whether the judgeship should be retained, moved, or eliminated are due June 19.

Job Announcement
A job announcement for a Deputy Clerk of District Court I for the District Court in Fargo has been posted.

South Dakota: USD Establishes Task Force to Study Law School Move
University of South Dakota: "The University of South Dakota will establish a task force to study the idea of moving the state's only law school from the Vermillion campus to Sioux Falls, USD President James W. Abbott said Friday."

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North Dakota Supreme Court News

May 25, 2017

Herb Meschke: A Brilliant Mind In A Broken Body
Fargo Forum/Area Voices: "They'll bury Herb Meschke later this week. I don't know if it will be in the North Dakota Bad Lands, where he was born and raised, or in Minot, where he spent most of his life. Wherever it is, his presence will enhance the stature of the cemetery. Herb was a cowboy, a lawyer, a Legislator, a judge and a family man. He took all of those jobs seriously. And he was pretty good at them."

8th Circuit issues opinion in N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the grant of summary judgment on the basis of qualified immunity and on the merits to law enforcement officials following the execution of two search warrants.
- Jose Doe v. Dave Goodman

National: PayPal sues Pandora over the letter 'P'
ABA Journal: "PayPal claims in a trademark infringement and dilution suit that Pandora's blue, capital "P" logo, adopted in October, "openly mimics" PayPal's double P logo."

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North Dakota Supreme Court News

May 26, 2017

Courthouse opening a historic event
Jamestown Sun: "Saturday is a historic day for a historic building. The 1883 Stutsman County Courthouse opens to the public for the season, a long-awaited moment for Jamestown and the State Historical Society. It's a beautiful building that has many stories to share with visitors."

8th Circuit issues opinion in N.D. case

The United States Court of Appeals for the Eighth Circuit has vacated the judgment and remanded to the district court to determine whether the defendant was prejudiced by the safety-valve advice.
- Davis v. United States

Job Announcement
A job announcement for a Deputy Clerk of District Court I for the District Court in Minot has been posted.