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Thursday, November 27, 2014
New Opinion: Nov. 26
The Supreme Court posted a new opinion on Nov. 26.
N.D. courthouses to close for Thanksgiving; most also closed Friday
Courthouses across North Dakota will be closed Thursday for the Thanksgiving holiday. Courthouses in Barnes, Burleigh, Cass, Pembina, Stutsman and Walsh counties will be open Friday, but the rest of the state's county courthouses will be closed.
Court adopts clarifying amendments to appellate rules
The Supreme Court has adopted amendments to N.D.R.App.P. 28 and 29. The amendments clarify that references in the table of contents and table of authorities of a brief must be to paragraph numbers. The amendments take effect Dec. 1.
National Adoption Day celebrated in Fargo
National Adoption Day was celebrated by the East Central Judicial District Court in Fargo on Saturday, Nov. 22, with the adoption of 11 children by nine families. Supreme Court Justice Lisa Fair McEvers and Judge Thomas Olson presided over the adoption hearings. Here are the photos.
N.D. Attorney General opinion: Nov. 26
N.D. Attorney General Wayne Stenehjem Attorney General Wayne Stenehjem has issued an opinion that the Morton County sheriff's office went beyond the legal requirements of the open record law by providing information in response to an inquiry.
U.S. Supreme Court justice recovering after heart procedure
Justice Ruth Bader Ginsburg MSN/Reuters: "U.S. Supreme Court Justice Ruth Bader Ginsburg on Wednesday underwent a heart procedure at a Washington hospital after reporting discomfort following routine exercise, a court statement said. Ginsburg, 81, was resting comfortably after having a stent placed in her right coronary artery."
U.S.: Court to weigh whether employers must accommodate pregnant workers with the same limits as others
ABA Journal: "Decades after the demise of the most blatant forms of employer bias against pregnant workers, the U.S. Supreme Court is set to step into a case that asks whether a company discriminates by refusing to provide a simple accommodation to an expectant mother."
S.D.: Daugaard appoints Judge Janine Kern to Supreme Court
Judge Janine Kern KELO News: "Seventh Circuit Judge Janine Kern of Rapid City is Gov. Dennis Daugaard's choice to replace retiring Supreme Court Justice John K. Konenkamp. Daugaard announced Kern's appointment Tuesday afternoon. Kern, 53, will become the 49th justice in the history of the South Dakota Supreme Court. "
Mont.: Appeals court overrules insurance-fraud acquittal
Daily Inter Lake: "The 9th U.S. Circuit Court of Appeals on Monday reinstated the insurance fraud conviction of a former beauty queen who once owned and lived in the historic Somers mansion. Christin Didier was convicted by a federal jury in March 2013 of seven counts of mail fraud and one count of conspiracy to commit mail fraud."
  • Opinion Text: United States v. Didier
  • Montana Supreme Court takes up coal tax dispute
    Great Falls Tribune: "Montana authorities charged Tuesday that coal sales between mining companies and their own affiliates are subject to manipulation and need to be treated differently from other sales."
    Job Announcement
    A job announcement for an Administrative Assistant I with the District Court Administrative Office in Bismarck has been posted.

    North Dakota
    VandeWalle reelected Chief Justice
    Chief Justice Gerald VandeWalle Gerald W. VandeWalle has been unanimously reelected Chief Justice of the North Dakota Supreme Court. The five-year term begins January 1. VandeWalle was reelected by a vote of the Supreme Court justices and district judges on Nov. 24. VandeWalle has been a member of the Supreme Court since 1978, and has been Chief Justice since January 1, 1993.
    Don Rysavy to retire after 33 years of service to Court
    Don Rysavy, center, and the Central Legal Staff The Supreme Court held a retirement celebration Tuesday for Central Legal Staff attorney Don Rysavy, who served the Court for 33 years. Rysavy started as a law clerk for Justice William Paulson and went on to work with 15 justices during his years with the Court. He was an original member of the Central Legal Staff.
  • Don Rysavy Attorney Record
  • Who are North Dakota's longest serving legislators?
    North Dakota 125th Anniversary logo Who are North Dakota's longest serving legislators since statehood in 1889? Five have been re-elected to serve in the 64th Legislative Assembly: Representatives William Kretschmar, Robert Martinson and Wesley Belter and Senators Ray Holmberg and David O'Connell. Here is a list of the longest serving legislators.
    McKenzie courthouse work nears completion
    Since May, court in Watford City has been held in a temporary courtroom housed in a doublewide trailer. Expansion and remodeling work at the permanent McKenzie Couty Courthouse is now nearing completion. Court officials anticipate that the court spaces will be done by late December and that the "trailer court" will close in January 2015.
    Appellate practice tip of the week
    Justices ask hypothetical questions because they are concerned about how the decision in your case may affect other cases. What are the limits of the principle you advocate?
  • Other appellate practice tips
  • December Term of Court
    North Dakota Supreme Court
    The December term of court has been posted, including issues and briefs.
    Lawyer licenses expire Dec. 31
    The State Board of Law Examiners reminds lawyers that 2014 licenses to practice law in North Dakota expire Dec. 31, 2014, regardless of when the 2014 license fee was paid. Lawyers should watch their mail for the 2015 billing in the coming weeks and promptly pay the fee. All license fees are due on or before Jan. 1, 2015.
    Pro hac vice fee payment reminder
    Under Rule 3, Admission to Practice rules, if you continue to appear in 2015 in a North Dakota proceeding for which you have filed a motion for pro hac vice admission, you are required to pay a fee of $380 by January 1, 2015, payable to the Board of Law Examiners.

    Federal
    U.S.: High court to review EPA mercury limits
    United States Supreme Court building Associated Press: "The Supreme Court is stepping into a new case about Obama administration environmental rules, agreeing to review a ruling that upholds emission standards for mercury and other hazardous air pollutants from coal- and oil-fired power plants."

    Minnesota
    Minneapolis moves toward restorative justice, deemphasizes punishment
    Twin Cities Daily Planet: "When a University of Minnesota student got arrested for drunk and disorderly conduct, instead of finding himself in front of a judge, he found himself in front of Bill and Susan Engel. The Engels are regular participants in Minneapolis' Restorative Justice Community Action conferences, a series of meetings where public offenders meet with local residents to discuss how their offences affected their community."
    Dozens of Minnesota children find homes on National Adoption Day
    KSTP News: "About 60 children in the Twin Cities found a new sense of belonging Saturday. Their adoptions were finalized in Hennepin and Ramsey counties for National Adoption Day. This year there's nearly double the amount of adoptions happening in Hennepin County in large part due to a change in state law."
    Minn.: Appeals court vacates White Bear Lake 'neighbor from hell' guilty plea
    Minnesota Great Seal St. Paul Pioneer Press: "The Minnesota Court of Appeals has agreed that a White Bear Lake woman dubbed the 'neighbor from hell' should have been allowed to withdraw her guilty plea to a felony charge of violating a harassment restraining order."
  • Opinion Text: State v. Christensen

  • South Dakota

    Montana
    Montana's Sidney Thomas to become chief judge of 9th US Circuit Court of Appeals
    Judge Sidney Thomas Helena Independent Record: "On Dec. 1, 9th U.S. Circuit Court of Appeals Judge Sidney R. Thomas of Billings will become the circuit's new chief judge. Running the Ninth Circuit, the country's biggest appellate circuit, could be compared to being the CEO of a gigantic company. The circuit encompasses nine western states, Guam and the Northern Mariana Islands, has a total of 435 judges and handles 20 percent of the nation's federal caseload."

    Other States and Jurisdictions
    Atheist group loses lawsuit to ban Colorado Day of Prayer
    Washington Times: "The Colorado Supreme Court threw out a legal challenge to the governor's honorary Day of Prayer proclamations Monday, ruling that members of an anti-religion group lacked standing to bring the lawsuit."
  • Opinion Text: Hickenlooper v. Freedom from Religion Foundation

  • Job Announcements
    Job Announcement
    A job announcement for an Electronic Court Recorder with the District Court in Minot has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Legal Assistant I with the Burleigh County State's Attorney's Office in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney I with the Burleigh County State's Attorney's Office in Bismarck has been posted.
    Job Announcement
    A job announcement for an Indigent Defense Contractor with the N.D. Commission on Legal Counsel for Indigents in Williston has been posted.
    Job Announcement
    A job announcement for an Indigent Defense Contractor with the N.D. Commission on Legal Counsel for Indigents in Jamestown has been posted.

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