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Thursday, April 24, 2014
Today at the Court
Joint Procedure Committee - Fargo

Top News
Minnesota: Courthouse renamed: Most fitting tribute to Devitt conducted Tuesday in Fergus
Fergus Falls Journal: "Senior Judge Myron H. Bright, a friend and colleague of the late Judge Edward J. Devitt, remembers getting calls from Judge Devitt, saying he was coming to Fergus Falls to preside over cases at the United States Courthouse Lets get up to that Detroit Lakes Country Club and play a little golf, Judge Bright said, recalling Judge Devitts part of the conversation. And that we did. He loved coming to Fergus Falls."
February 2014 N.D. bar examination results
Of the 42 applicants who sat for the North Dakota bar examination in February, 26 passed, for a 62 percent overall pass rate. For those taking the North Dakota examination for the first time, 68 percent passed. University of North Dakota School of Law graduates who sat for the first time in North Dakota had a 55 percent pass rate. A May 12 admission ceremony is planned.
May Term of Court
North Dakota Supreme Court
The May term of court has been posted, including issues and briefs.
Joint Procedure Committee April 24-25 agenda
The agenda for the April 24-25 meeting of the Joint Procedure Committee and the committee's Sept. 26, 2013, minutes, have been posted.
U.S.: Arcane arguments, big stakes as Supreme Court hears N.C. cleanup case
Greenwire: "The Supreme Court grappled with abstruse legal terminology [April 23] at the heart of an electronics manufacturer's bid to torpedo a case brought by two dozen North Carolina landowners accusing the company of contaminating their groundwater with industrial solvents."
Minn. Supreme Court ruling adds pressure to fix sexual offender system
Minnesota Great Seal Minnesota Public Radio: "The Minnesota Supreme Court [April 23] warned district court judges to be more wary when statistics are used to civilly commit people who have served their sentences for sexual crimes."
  • Opinion Text: Matter of Ince
  • Minneapolis Star Tribune: Minnesota Supreme Court reverses rapists commitment

  • North Dakota
    Appellate practice tip of the week
    Mailing the notice of appeal is not the same as filing the notice of appeal. See, e.g., State v. DuPaul, 527 N.W.2d 238, 243 (N.D. 1995).
  • Other appellate practice tips
  • Applicants for SC judge have extensive experience
    Balaban. Fleck, Goter, Grosinger, Grossman and Schwarz The six attorneys who applied for the North Central Judicial District vacancy were asked to provide brief information on their background, education, and legal careers. Here are their career highlights with links to more detailed information from applicants Steven Balaban, Arnold Fleck, Wayne Goter, Brian Grosinger, Parrell Grossman and Todd Schwarz.
    New Opinion: April 16
    The Supreme Court posted one new opinion on April 16.
    Court seeks comment on amendments to municipal court rule
    The North Dakota Supreme Court is seeking comment on proposed amendments to N.D. Sup. Ct. Admin. R. 30, which governs standards for municipal courts. Comments are due May 21.
    Applicants for NC judge have diverse careers
    Dillon, Louser and Martin The three attorneys who applied for the North Central Judicial District vacancy were asked to provide brief information on their background, education, and legal careers. Here are their career highlights with links to more detailed information from applicants Kelly Dillon, Stacy Louser and Robert Martin.
    Olson investiture to be held April 25
    Judge Thomas Olson A formal investiture ceremony for new East Central Judicial District Judge Thomas R. Olson is set for 2 p.m. on Friday, April 25, in Fargo. Olson began his judicial work on March 17.
  • Governor appoints Olson to fill EC vacancy
  • Book by undercover 'inmate' features Cass County Jail, others
    Jamestown Sun: "People usually have a tough time getting out of jail. But Alexander Reynolds had the opposite problem. He had a tough time getting into some of them, short of committing a crime."
    Plans, cost of new jail announced
    Bismarck Tribune: "A rollout for a combined Burleigh/Morton County jail design showed it will cost nearly $70 million for a 476-bed facility, said a consultant team on Monday. Venture Architects and Ubl Design presented design plans to commissioners from Burleigh County, Morton County, Bismarck and Mandan."

    Federal
    U.S. Supreme Court opinions: April 22
    United States Supreme Court building The United States Supreme Court has issued opinions in a search and seizure case involving an investigative stop of a vehicle that resulted in a drug arrest and in a case on the validity of a Michigan constitutional provision that bars race-based preferences in college admission.
  • Prado Navarette v. California
  • Schuette v. BAMN
  • U.S.: Thousands more inmates eligible for clemency under Justice Dept. plan
    U.S. Dept. of Justice seal New York Times: "The Justice Department is significantly expanding the pool of people eligible to apply for early release from prison, a move that would further chip away at strict sentencing laws involving drug crimes."
    U.S. Supreme Court opinions: April 23
    The United States Supreme Court has issued opinions in a case on standards for setting restitution amounts for victims of child pornography and in a death penalty case involving a defendant's decision not to testify during the sentencing phase of the trial.
  • Paroline v. United States
  • White v. Woodall
  • U.S. Supreme Court April 23 arguments
    Wednesday, the United States Supreme Court will hear arguments in a case on whether a party can have an evidentiary hearing to challenge an IRS summons and in a case on preemption of statutes of repose.
  • United States v. Clarke
  • CTS Corp. v. Waldburger
  • U.S.: High court upholds Mich. affirmative action ban
    Associated Press: "The Supreme Court has upheld Michigan's ban on using race as a factor in college admissions. The justices said in a 6-2 ruling Tuesday that Michigan voters had the right to change their state constitution to prohibit public colleges and universities from taking account of race in admissions decisions."
    U.S.: Courthouse violence unpredictable despite security
    Associated Press: "When Utah's new federal courthouse opened last week, it came with security improvements that are becoming standard around the country: separate entrances and elevators for judges, defendants and the public; bullet-resistant glass and paneling; and vehicle barricades to keep car bombs at bay."
    U.S.: Supreme Court upholds search of California driver based on anonymous tip
    McClatchy Newspapers: "A closely divided Supreme Court on Tuesday upheld the search of a California man's drug-laden car following an anonymous tip. In a case that atypically split justices, the courts 5-4 majority concluded the Constitution permitted the August 2008 search."
    U.S.: Supreme Court seems inclined to bolster truth-in-labeling laws
    L.A. Times: "In a case that could strengthen truth-in-labeling laws, Supreme Court justices on Monday voiced deep skepticism about Coca-Cola's Pomegranate Blueberry juice that is 99.4 percent apple and grape juice, saying the name would probably fool most consumers, including themselves."
    U.S.: Justices shed few tears for Argentina in debt case
    USA Today: "Creditors left holding the bag for part of Argentina's $82 billion default in 2001 won support Monday from a majority of Supreme Court justices in their worldwide quest to find the country's hidden assets. But several justices cautioned that the 'discovery' process should not be unlimited, potentially exposing Argentina's military and national security assets to public scrutiny."

    Minnesota
    Judge strikes down Minnesota's anti-coal energy law
    Minneapolis Star Tribune: "A federal judge on Friday struck down a landmark 2007 Minnesota law that bans new power generation from coal, saying it regulates business activities of out-of-state utilities in violation of the U.S. Constitutions commerce clause."
  • North Dakota v. Heydinger opinion text
  • Bismarck Tribune: Fed judge zaps Minn. energy law
  • US Courthouse in Fergus Falls renaming ceremony set for Tuesday
    Judge Edward Devitt Fergus Falls Daily Journal: "The United States District Court for the District of Minnesota and the U.S. General Services Administration will be renaming the Courthouse in Fergus Falls, located at 118 South Mill St. The courthouse will be renamed after the late Judge Edward J. Devitt, one of Minnesotas most distinguished public servants."
    Mental impairment isn't grounds to end parental rights, Minnesota Court of Appeals says
    Minnesota Great Seal Minneapolis Star Tribune: "A man from Detroit Lakes, Minn., regained parental rights to his young daughter Monday when the Minnesota Court of Appeals ruled that those rights had been wrongfully terminated based solely on his mental impairment."
  • Opinion Text: Welfare of the Children of: B. M., J. M. and C. G.
  • Minnesota pot arrests have racial disparity, report says
    St. Paul Pioneer Press: "If you're black in Minnesota, you're six times more likely to be arrested for marijuana possession than your white counterparts, even though drug use rates are similar, according to a report released Monday."

    South Dakota

    Montana
    Mont.: Bullock appoints Billings attorney Michael Glen Moses as district judge
    Columbus Republic/AP: "Gov. Steve Bullock on Friday appointed Billings attorney Michael Glen Moses to a vacant district judgeship in Yellowstone County. Moses, 61, will take the place of Susan Watters, who resigned in December to become a federal judge."
    Mont.: Company seeks to strike state cap on jury awards
    Missoulian: "An office supply company is asking the Montana Supreme Court to rule that the state's cap on punitive damage awards is unconstitutional. The constitutional challenge comes after a Butte-Silver Bow district judge upheld a $52 million jury award in favor of Masters Group International Inc. earlier this month."
    Montana 1 of only 2 states to repeal anti-sodomy law
    Billings Gazette/AP: "A dozen states still have anti-sodomy laws on the books 10 years after the U.S. Supreme Court ruled they are unconstitutional. One such state is Louisiana, where gay rights groups contend police have used anti-sodomy laws to target gay men. But state lawmakers sided with religious and conservative groups in refusing to repeal the law last week."

    Other States and Jurisdictions
    Job Announcement
    A job announcement for an attorney with the North Dakota Insurance Department in Bismarck has been posted.
    Job Announcement
    A job announcement for a Temporary Administrative Assistant I with the Juvenile Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Juvenile Drug Court Coordinator with the Juvenile Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a contract attorney with the Stutsman County Board of Commissioners in Jamestown has been posted.
    Job Announcement
    A job announcement for a Deputy Supreme Court Clerk I with the North Dakota Supreme Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Contract Attorney with the Commission on Legal Counsel for Indigents in the North Central Judicial District has been posted.
    Job Announcement
    A job announcement for a District Court Law Clerk with the District Court in Grafton has been posted.
    Job Announcement
    A job announcement for a Juvenile Court Officer I with the Juvenile Court in Devils Lake has been posted.
    Job Announcement
    A job announcement for a Contract Attorney with the Commission on Legal Counsel for Indigents in the South Central Judicial District has been posted.
    Job Announcement
    A job announcement for five Law Clerks with the North Dakota Supreme Court in Bismarck has been posted.

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