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Friday, July 25, 2014
Today at the Court
10:00 am Court Improvement Project Committee

Top News
2nd Circuit:Ruling on antibiotics in livestock reversed
AP: "The U.S. Food and Drug Administration isn't required to hold public hearings to evaluate the health risks of widespread use of antibiotics in animal feed, a federal appeals court ruled Thursday."
  • Olympic gold medalist shares story of overcoming abuse
  • Bismarck Tribune: "Frank Shorter detailed his journey from child abuse victim to Olympic gold medalist at the North Dakota Children's Justice Symposium on Thursday. The first time Shorter's father beat him, he was young, still in diapers and at the beach."
    SD Supreme Court: New DUI ruling doesn't impact past cases
    South Dakota Great Seal KELO News: "The U.S. Supreme Court ruling requiring a warrant to draw blood during a DUI arrest will not impact old cases in South Dakota. That was the decision handed down by the South Dakota Supreme Court on Thursday following an appeal from a drunk driver who was arrested back in 2008."
  • Opinion Text: Siers v. Weber

  • North Dakota
    Judge Stacy Louser Investiture: The July 18, 2014, photos
    Judge Stacy Louser Judge Stacy Louser was formally installed on the North Central Judicial District bench at an investiture ceremony July 18 in the Ward County Courthouse in Minot. Here are the photos.
    New Opinions: July 17
    The Supreme Court posted 16 new opinions on July 17.
    Oct. 1 amendments to appellate rules will change appeal process
    Effective October 1, 2014, a notice of appeal in North Dakota must be filed with the Clerk of the Supreme Court rather than the district court clerk.This change is the most prominent of an assortment of amendments to the N.D. Rules of Appellate Procedure that will take effect in October. Another significant change is the integration of electronic filing procedures into the rules.
    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 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.
    Appellate practice tip of the week
    Number the paragraphs in briefs.
  • Other appellate practice tips
  • Parenting coordinator training set for Sept. 23-24 in Bismarck
    The North Dakota Supreme Court will be hosting parenting coordinator training for anyone interested in becoming a parenting coordinator on Sept. 23-24 in Bismarck. See the linked brochure for more information and a registration form. Registration deadline is Sept. 8.
    Parenting initiative will appear on November ballot
    Jamestown Sun: "North Dakota voters will decide in November on a ballot measure that would create a law providing for equal parenting rights and decision-making responsibility in child custody cases, Secretary of State Al Jaeger said Monday."
    Joint county committee backs jail construction agreement
    Bismarck Tribune: "Burleigh and Morton county officials Wednesday favored the terms of a construction agreement needed for the two entities to build a $70 million jail together. It is one of three contracts the separate commissions must approve for the 475-inmate facility to be completed at Yegen Road and Apple Creek Road."
    Former military equipment sees police use
    Jamestown Sun: "When the Grand Forks Regional Special Operations Team was asked in September to help track down a fugitive in Steele and Traill counties, it rolled out a specially equipped Humvee that likely saw duty on the battlefields of Afghanistan."

    8th Circuit judicial conference set for Aug. 6-8 in Omaha
    U.S. Court of Appeals for the Eighth Circuit The judges of the Eighth Circuit invite you to join them at the Hilton Omaha for the Eighth Circuit Judicial Conference Aug. 6-8. The deadline for hotel registration is Friday, July 11. On-line conference registration will close on Friday, July 25.
    U.S.: Courts issue conflicting rulings on health care law
    New York Times: "Two federal appeals court panels issued conflicting rulings Tuesday on whether the government could subsidize health insurance premiums for people in three dozen states that use the federal insurance exchange. The decisions are the latest in a series of legal challenges to central components of President Obama's health care law."
  • Opinion Text: Halbig v. Burwell
  • Opinion Text: King v. Burwell
  • U.S.: Prosecutors are reading emails from inmates to lawyers
    New York Times: "Jailhouse conversations have been many a defendant's downfall through incriminating words spoken to inmates or visitors, or in phone calls to friends or relatives. Inmates' calls to or from lawyers, however, are generally exempt from such monitoring. But across the country, federal prosecutors have begun reading prisoners' emails to lawyers."
    U.S.: Latest Obamacare legal knot won't be easy to untangle
    Reuters: "U.S. judges have their work cut out for them untangling a legal knot created on Tuesday when two federal appeals courts released conflicting rulings hours apart going to the heart of the role the federal government will play in Obamacare."
    U.S.: Appeals court reinstates Wisconsin lead paint suit
    Milwaukee Journal Sentinel: "A boy who suffered lead poisoning can sue the major manufacturers of paints used on the Milwaukee house where he lived, based on a theory approved in a controversial 2005 Wisconsin Supreme Court decision, a federal appeals court ruled Thursday."
  • Opinion Text: Gibson v. American Cyanamid Co.

  • Minnesota
    Minn.: Classes done, law school grads work at finding a job
    St. Cloud Times: "When the state lifted a hiring freeze and allowed Rex Tucker to hire staff in the public defender offices he oversees, the applications rolled in. The positions that used to attract primarily recent law school grads and lawyers who had practiced for a year or so were drawing more and better qualified applicants."
    Minn.: Court of Appeals affirms county's decision on Deer Lake Bible camp
    Minnesota Great Seal Grand Rapids Herald Review: "An opinion filed Monday, July 21, by the Minnesota Court of Appeals has affirmed Itasca County's decision that an Environmental Impact Statement (EIS) is not needed for the development of a Bible camp and retreat on Deer Lake."
  • Opinion Text: Matter of Environmental Impact Statement

  • South Dakota

    Montana Supreme Court upholds drug program confidentiality
    Great Falls Tribune/AP: "Authorities can't use confidential information obtained through a drug treatment court program to bring new criminal charges, the Montana Supreme Court ruled."
  • Opinion Text: State v. Plouffe
  • Mont.: VanDyke back on ballot for Supreme Court
    Montana Standard: "In a 4-3 decision on Tuesday, the Montana Supreme Court overturned a lower-court ruling and put Lawrence VanDyke back on the November ballot as a candidate for Supreme Court justice. As a result, VanDyke will face Justice Mike Wheat in the general election."
  • Opinion Text: Cross v. VanDyke
  • Mont.: Supreme Court upholds firing of former tourism director
    Montana State Seal Great Falls Tribune: "The Montana Supreme Court on Tuesday upheld the 2010 firing of the state's top tourism official. In a 4-2 decision, the high court found former Department of Commerce Director Dore Schwinden was within his rights to fire Betsy Baumgart, the former administrator for the Montana Tourism and Promotion Division."
  • Opinion Text: Baumgart v. Dept. of Commerce
  • Mont. Supreme Court: Sentencing enhancement justified in sex crime against 7-year-old
    Franklin Daily Journal/AP: "The Montana Supreme Court has ruled a Havre man convicted of sexually assaulting a 7-year-old girl should face a sentencing enhancement because of the girl's age, even if the ages of the defendant and the victim were not specifically included on the jury's verdict form."
  • Opinion Text: State v. Ghostbear

  • Other States and Jurisdictions
    Wyo.: Federal judge won't reduce bison protester's fine
    Casper Star Tribune: "A judge has refused to reduce a fine against a man who chained himself to a concrete-filled drum to protest the slaughter of bison from Yellowstone National Park earlier this year. Twenty-year-old Comfrey Jacobs was arrested in March after blocking the road to the Stephens Creek corrals."
    Wyo. officials: Courthouse security remains intractable problem
    Laramie Boomerang: "Reporters came from around the world to the Albany County Courthouse to cover the Matthew Shepherd case, but one of the first remarks presiding Judge Jeffrey Donnell often heard had nothing to do with the case itself. 'They couldn't believe that they could come to this building and just walk in without going through any kind of security,' District Court Judge Donnell said."

    Job Announcements
    Job Announcement
    A job announcement for assistant state's attorney for Ward County in Minot has been posted.
    Job Announcement
    A job announcement for a United States Magistrate Judge with the U.S. District Court in Fargo has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Jamestown has been posted.
    Job Announcement
    A job announcement for Chief Judge of the Standing Rock Sioux Tribal Court in Fort Yates has been posted.
    Job Announcement
    A job announcement for a contract attorney with the North Dakota Commission on Legal Counsel for Indigents in Minot has been posted.

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