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Friday, September 19, 2014
Today at the Court
8:00am Court Management Program - Sioux Falls, South Dakota
10:00 am Judiciary Standards Committee - Bismarck

Top News
October Term of Court
North Dakota Supreme Court
The October term of court has been posted, including issues and briefs.
New Disciplinary Order: Sept. 18
The Supreme Court posted a new disciplinary order on Sept. 18.
Mildred Johnson 1918-2014
Mildred Johnson Mildred L. Johnson, the first woman appointed to the North Dakota Board of Higher Education, died Sept. 12. She was 96. A UND School of Law graduate, she was admitted to the North Dakota bar in 1939. Funeral services are at 10:30 a.m. Saturday, Sept. 20, at the Bethel Lutheran Church in Wahpeton.
  • Mildred Johnson Attorney Record
  • G.F. Herald: Mildred Johnson, first woman to serve on ND higher ed board, dies at age 96
  • Governor appoints Storbakken as legal counsel
    Bonnie Storbakken Bismarck attorney Bonnie Storbakken started work as legal counsel to Governor Jack Dalrymple on Sept. 2. Storbakken previously served as commissioner of the Department of Labor and Human Rights, a job she held since May 2013.
    Joint Procedure Committee Sept. 25-26 agenda
    The agenda for the Sept. 25-26 meeting of the Joint Procedure Committee and the committee's April 24-25 minutes have been posted.
    U.S.: BP lawyers use old-school trick; Judge not amused
    MPR News: "Back in school, did you ever fudge the spacing on a report to meet the teacher's page-length requirement? Lawyers representing oil company BP tried something similar in a recent court filing connected to the company's 2010 drilling rig accident and oil spill in the Gulf of Mexico. U.S. District Court Judge Carl Barbier was not amused."
    MN court: Guardians can order removal of life support
    Minnesota Great Seal MPR News: "A divided Minnesota Supreme Court has ruled that a professional guardian can order the removal of life-support for patients without court review. The court ruled in the case of Jeffers Tschumy, a 53-year-old man with no family who suffered from diabetes, effect of a stroke and partial paralysis from a spinal infection."
  • Opinion Text: In re Tschumy
  • Minneapolis-St. Paul site of anti-terror program
    Andy Luger ABC News: "The cities of Minneapolis and St. Paul will participate in a Department of Justice pilot program designed to engage at-risk communities and stop extremists from recruiting Americans to join terror organizations overseas, U.S. Attorney Andy Luger said Tuesday."
    New handbook aims at providing legal information to Minnesota's homeless youth
    Inside Counsel: "Three groups are aiming to assist homeless youth in the state of Minnesota -- at least as far as enabling them to understand their legal rights goes. Ecolab, the law firms of Baker & McKenzie, and Southern Minnesota Regional Legal Services have released the Homeless Youth Handbook - Minnesota. The guide aims to help homeless youth and those who support the children."
    Texas court: Photography law is unconstitutional
    San Antonio Express News: "Ruling that the statute was too broad and 'unconstitutional on its face,' the Texas Court of Criminal Appeals on Wednesday struck down a portion of the state's improper photography law based on a San Antonio case."
  • Opinion Text: Ex Parte Thompson

  • North Dakota
    September 17: Constitution Day
    U.S. Consitution Today, September 17, is Constitution Day, commemorating the signing and adoption of the U.S. Constitution. On May 25, 1787, delegates from all the original states except Rhode Island gathered in the Pennsylvania State House in Philadelphia to participate in the Constitutional Convention. They completed their work on Sept. 17, 1787, when 39 delegates signed the document that provided the framework of a more powerful national government.
  • Constitution Day Website
  • National Archives: Observing Constitution Day
  • Constitution Daily: 10 essential online resources for Constitution Day
  • Judiciary Standards Committee Sept. 19 agenda
    The agenda for the Sept. 19 meeting of the Judiciary Standards Committee and the committee's March 21 minutes have been posted.
    Court sets hearing on petition to amend procedural rules, seeks comment
    The North Dakota Supreme Court has issued a Notice of Hearing and Comment on the Joint Procedure's Committee's annual Petition to Amend Court Rules. The committee proposes amendment of N.D.R.Civ.P. 3 and 26; N.D.R.Crim.P. 43; N.D.R.Ct. 10.1 and 11.2; and N.D. Sup. Ct. Admin. R 13, 41, and 52. Comments are due Oct. 30.
    Historic Stutsman County Courthouse opens to public
    Old Stutsman County Courtroom On Sept. 13, for the first time in 30 years, the 1883 Stutsman County Courthouse was opened to the public. It is is the oldest original courthouse in the state, and preliminary meetings to discuss the division of Dakota Territory into two states were held in 1885 in its courtroom.
    Pattern Jury Instruction Commission Oct. 2-3 agenda
    The agenda for the Oct. 2-3 meeting of the Pattern Jury Instruction Commission and the commission's June 11 minutes have been posted.
    Appellate practice tip of the week
    You serve your client by maintaining your own credibility.
  • Other appellate practice tips
  • Legal assistant group celebrates 30th anniversary
    WDALA Award Winners The Western Dakota Association of Legal Assistants celebrated their 30th anniversary at a reception Sept. 10 in Bismarck. At the celebration, they presented Brad Beehler, Al Emineth, Judge Gail Hagerty, and Dave Peterson with the WDALA's honorary support recognition award.
    Tufte to start work Sept. 19, investiture set for Oct. 31
    Jerod Tufte New Southeast District Judge appointee Jerod Tufte will begin work Sept. 19. His formal investiture ceremony will be held at 1:30 p.m. on Oct. 31 in the Barnes County Courthouse in Valley City. Tufte was appointed July 11 to fill the vacancy created by Judge John Paulson's retirement.
    Judge Hill begins work, investiture set for Sept. 25
    Judge James Hill New South Central District Judge James Hill began work Sept. 9. His formal investiture ceremony will be held at 4 p.m. on Thursday, Sept. 25, in the Burleigh County Courthouse. Hill was appointed Aug. 5 to fill the vacancy created by Judge Donald L. Jorgensen's retirement.
  • Judge James Hill Biography
  • Court approves amendments to appellate rules
    The North Dakota Supreme Court has approved amendments to the Rules of Appellate Procedure. The amendments integrate electronic filing into the rules and require filing of the notice of appeal with the Clerk of the Supreme Court. The amendments take effect October 1.
    Court approves amendments to rule on standards for bar admission
    The Supreme Court has approved amendments to Admission to Practice Rule 2 on standards for admission. The amendments relate to the SBAND Lawyer Assistance Program and take effect October 1.
    Court seeks comment on Northeast Central judgeship vacancy
    The North Dakota Supreme Court has issued a Notice of Consultation in the Matter of the Vacancy in Judgeship No. 1, with Chambers in Grand Forks, North Dakota, Northeast Central Judicial District. Comments relating to the vacancy are due Oct. 10.
    Court adopts amendments to policy on transcript fees
    The North Dakota Supreme Court has adopted amendments to Unified Judicial System Policy 206 on Fees and Expenses for Preparation of Transcripts. The amendments increase the per page and copy fee for transcripts. The amended policy takes effect Oct. 1.
    UND Law School dean concerned about students who do not pass the bar exam
    Dean Kathryn Rand Prairie Public: "The dean of the UND Law School says she's concerned about the number of law school graduates who passed the most recent state bar exam. Only 56 percent of the UND graduates passed the bar on their first try this summer. 'This is a pass rate that we're disappointed in,' said Dean Kathryn Rand. 'We want to make sure our graduates are seeing success on the bar exam.'"
  • G.F. Herald: UND Law School students struggle to pass bar exam
  • N.D. 125: Statehood dawns as territory's sun sets on prairie
    North Dakota 125th Anniversary logo G.F. Herald: "The final Dakota Territory fair was held in Grand Forks 125 years ago this month.The commentary in the Herald was upbeat as it reported this would be the last display under territorial management.'There is a premium of $1,000,' the Herald reported, 'and it will be offered to the best band.'"

    U.S. District Court modifies electronic filing software
    U.S. District Court for N.D. The United States District Court for the District of North Dakota has modified the software for its Electronic Case Files system. The software improvement makes it easier to file sealed documents electronically.
    U.S. Supreme Court to hear appeal from Minnesota man
    United States Supreme Court building KIMT News: "A former Austin man convicted of a federal gun crime will have his case heard by the U.S. Supreme Court. In June, 2012, Samuel James Johnson pled guilty in the U.S. District Court of Minnesota to being a felon in possession of a firearm."
    U.S.: Report finds slight growth in population of inmates
    New York Times: "Breaking three consecutive years of decline, the number of people in state and federal prisons climbed slightly in 2013, according to a report released Tuesday, a sign that deeper changes in sentencing practices will be necessary if the country's enormous prison population is to be significantly reduced."
  • U.S. DOJ: Prisoners in 2013

  • Minnesota
    Minn. court: Prisoner can't be punished for refusing treatment program
    Minnesota Great Seal MPR News: "The Minnesota Court of Appeals ruled Monday that the corrections department violated the constitutional rights of a prisoner when it punished him for refusing to take part in a treatment program. Ricky James Bedell refused to take part in a chemical dependency program in October because he would be required to talk about the crime that got him locked up."
  • Opinion Text: Bedell v. Roy
  • MN appeals court judges hear cases in the morning, talk to students in the afternoon
    KEYC News: "A hometown judge swings by Cathedral High School in New Ulm, to give students there a first-hand lesson on the state appellate court. Judge John Rodenberg spent more than a decade as a district court judge in New Ulm. Today he returned as a judge with the Minnesota Court of Appeals."
    Minn.: Justice Ginsburg shares her views at U forum - up to a point
    Justice Ruth Bader Ginsburg St. Paul Pioneer Press: "At times deeply personal and funny, but ever the socially relevant public figure-cum-pop icon she's known to be, U.S. Supreme Court Justice Ruth Bader Ginsburg appeared at the University of Minnesota on Tuesday evening for an intimate conversation. "
    Minn.: Sarah Deer among 21 diverse MacArthur 'genius grant' winners
    Sarah Deer Indian Country Today: "Sarah Deer, 41, a professor at William Mitchell College of Law in St. Paul, Minnesota, is among a group of 21 diverse 2014 fellows of the John D. and Catherine T. MacArthur Foundation. Each will receive a stipend of $625,000 over five years. The 'no strings attached' stipend is paid out in equal quarterly installments over the five years."
  • MPR News: Twin Cities woman wins MacArthur 'genius grant'

  • South Dakota

    Mont.: Six justices defend rule banning partisan judicial endorsements
    Helena Independent Record: "Six of the seven Montana Supreme Court justices have filed a friends-of-the-court brief asking a federal judge to uphold a 2008 state judicial rule that prohibits judicial candidates from seeking or accepting partisan endorsements."
    Montana Supreme Court: Missoula man can withdraw guilty plea for DUI
    Ravalli Republic: "The Montana Supreme Court has vacated the sentence of Missoula resident Robert Aaron Zunick, ordering Missoula County District Court to re-sentence Zunick for aggravated DUI and felony criminal endangerment charges stemming from 2012."
  • Opinion Text: State v. Zunick

  • Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for an Assistant State's Attorney for McKenzie County in Watford City has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Dickinson has been posted.
    Job Announcement
    A job announcement for an Assistant Attorney General with the N.D. Office of Attorney General in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant Tribal Attorney with the Standing Rock Sioux Tribe in Fort Yates has been posted.
    Job Announcement
    A job announcement for a Term Law Clerk with the U.S. District Court in Bismarck has been posted.

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