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Friday, November 21, 2014
Monday at the Court
Judicial Conference - Bismarck
Court Reporters Conference - Bismarck
1:00pm Electronic Court Recorder Conference - Bismarck
New Opinion: Nov. 20
The Supreme Court posted a new opinion on Nov. 20.
Judge Clapp retirement celebration set for Nov. 21
Judge Sonja Clapp A retirement party in honor of Judge Sonja Clapp will be held on Friday, Nov. 21, from 2-4 p.m. in the Grand Forks County Office Building. Judge Clapp, who has served in various state and county jobs since 1973, will retire effective Dec. 1.
  • Judge Sonja Clapp to retire Dec. 1
  • Judge Sonja Clapp Biography
  • 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.
    U.S.: Tribes work to create sex-offender registries
    Statesville Record and Landmark/AP: "More than three-quarters of American Indian tribes that have the authority to develop sex-offender registries are well on their way to meeting the legal requirements meant to keep convicted criminals from hiding out on tribal lands, a new report shows."
    Justice Kagan talks equality, justice with Princeton president, denies Supreme Court corruption
    Justice Elena Kagan "When Elena Kagan was studying history as a student at Princeton University, a career in law as a Supreme Court Justice never crossed her mind, she said. 'Life is long and it takes lots of twists and turns, and you can't ever know where you're going to end up,' said Kagan."
    U.S.: House GOP sues administration over health care law
    Associated Press: "House Republicans sued the Obama administration on Friday over its implementation of President Barack Obama's health care law, saying he had overstepped his legal authority in carrying out the program."
    Mont.: Vets help vets navigate courts
    Montana Kaimin: "A group of veterans gathered in Law School building to exchange stories Tuesday night. They discussed the complexities of combat veterans' experiences during a training for participants going through Veteran's Treatment Court.The training - aimed to create mentors to support veterans going through the criminal justice system - focused on coping with pain from war injuries, depression and substance abuse."
    USA Today finds racial disparities in Minnesota arrests
    KARE 11 News: "A USA Today analysis of arrest data found striking racial disparities in arrests rates throughout the nation, including here in Minnesota and the Twin Cities. The national newspaper examined 2011-2012 arrest data from 80 Minnesota law enforcement agencies, and examined how many blacks and non-blacks were collared compared to their relative populations in each jurisdiction."

    North Dakota
    Glenn Swanson 1922-2014
    Glenn Swanson Longtime Bottineau lawyer and former district judge Glenn Swanson, 92, died Nov. 13, 2014, in Minot. He was a 1949 UND School of Law graduate and was a judge from 1963-1970. A memorial service will be held on Feb. 2, 2015 at 2 p.m. at the First Lutheran Church in Bottineau.
  • Judge Glenn Swanson Biography
  • December Term of Court
    North Dakota Supreme Court
    The December term of court has been posted, including issues and briefs.
    Pattern Jury Commission Oct. 2-3 minutes
    The minutes of the Pattern Jury Commission's Oct. 2-3 meeting and the commission's October 2014 drafts have been posted.
  • Oct. 2-3 Minutes
  • October 2014 Drafts
  • Grand Forks bar honors Klein, Senechal
    The Greater Grand Forks County Bar Association honored United States Magistrate Judges Alice Senechal and Karen Klein at its November meeting. Judge Klein spoke to the bar about her impending retirement and Judge Senechal explained her new role as full time United States Magistrate Judge for both Fargo and Grand Forks.
    Appellate practice tip of the week
    The primary purpose of oral argument is to answer the Court's questions.
  • Other appellate practice tips
  • 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.
    N.D. 125: Statehood brings U.S. Senate politics
    North Dakota 125th Anniversary logo G.F. Herald: "Life went on after North Dakota became a state 125 years ago. But in the aftermath, newspapers continued to analyze the politics involved in selecting a U.S. senator, a choice that was made at the time in the state Legislature. There were not enough votes in Bismarck to send former territorial governor, Nehemiah Ordway, to the Senate."
    North Dakota reports more rapes under expanded FBI definition
    Bismarck Tribune: "Using a revised rape definition, the State of North Dakota reported 100 more rapes in 2013 than it would have had it used the previous, "legacy" definition, according to a federal report released Nov. 10. Until last year, the federal government defined rape as the 'carnal knowledge of a female forcibly and against her will.'"
    Ward County Jail: Dealing with growth
    KFYR News: "You won't see signs of overcrowding in the Ward County Jail today, but that wasn't the case as recent as a few weeks ago. 'We prepare their meals in the basement, and obviously, there's only four chairs to a table, so they had to eat in shifts,' said Ward County Sheriff Steve Kukowski."

    Samuel Alito v. The Press
    Justice Samuel Alito CNN: "Sam Alito doesn't have 'any complaints' about the press corps who cover the Supreme Court -- but the Associate Justice could do without 'incredibly snarky' columnists. 'Some of the columns that are written, you know, are another story,' Alito said, in a rare public lecture on Constitutional history and law presented by the New York Historical Society on Saturday."

    District courtrooms across Minnesota seeing unprecedented influx of new judges
    Minnesota Great Seal Minneapolis Star Tribune: "Minnesota's district courts have seen an unprecedented turnover in judges since Gov. Mark Dayton took office in 2011. Because of a large number of vacancies from mandatory retirement at 70, or judges' desire to leave the bench earlier, the DFL governor has been able to appoint 76 judges."
    Mandatory sentences not always the case for Minnesota gun crimes
    KARE 11 News: "Under Minnesota law there is a mandatory minimum amount of time criminals who use a gun should be sentenced to serve in prison. But our KARE 11 investigation found the amount of time they are sentenced to prison, if they get prison time at all, varies greatly from court to court and judge to judge."
    Minn.: Recommendations issued for sex offender program
    WCCO News/AP: "Experts reviewing Minnesota's civil commitment program for sex offenders are recommending that staff begin creating plans to discharge clients when they are first admitted to the program, and that residents be periodically evaluated to ensure they meet criteria for confinement."
    Minn. study: DWI courts curb repeat offenses
    MPR News: "Minnesota's DWI courts reduce repeat crimes and save taxpayers around $700,000 a year, according to a study released Wednesday. The study, conducted by a Portland, Oregon-based firm, looked at courts in nine counties created to reduce the number of repeat driving while intoxicated offenders by combining drug and alcohol treatment with the criminal justice system."

    South Dakota
    South Dakota law enforcement train for rise in mental health cases
    KSFY News: "Across the U. S., law enforcement officers are seeing an increase in cases that involve someone experiencing a mental health crisis. South Dakota is no exception-just last month, an intoxicated woman having suicidal thoughts aimed a gun at a Mitchell police officer."
    SD Supreme Court justice praises novel, albeit perhaps not successful, argument
    South Dakota Great Seal SDPB News: "South Dakota Supreme Court Justice John Konenkamp congratulated a Lake Andes attorney for taking a novel approach to his defense of a DUI client. Timothy Whalen made this argument Tuesday before the state's high court: when the state legislature eliminated one of three statutes having to do with decriminalizing public drunkenness, they inadvertently took away the state's ability to charge the crime of driving under the influence of alcohol."
    S.D.: Law professor advocates for no-fault divorce law
    USD Volante: "Tania Aesoph was 50 years old and a mother of five when she was murdered in 1999. She separated from her husband-turned-murderer, David Aesoph, twice - once in 1994 and again in 1999. Both times, she was told because her husband did not want a divorce she would have to prove he had committed extreme cruelty or adultery for a divorce to be granted."

    Fed judge strikes down Montana's gay-marriage ban; AG says he will appeal
    Helena Independent Record: "A federal judge Wednesday struck down Montana's gay-marriage ban as unconstitutional, setting off celebrations by same-sex couples who filed the suit and who plan to show up at local courthouses Thursday to get their marriage licenses."

    Other States and Jurisdictions
    Conn.: John Downey, judge and longest held POW in US history, dies at 84
    Stars and Stripes: "John T. Downey, a renowned Connecticut judge and former CIA agent who had the distinction of being the longest held prisoner of war in American history, died Monday at age 84. Those who knew him said he was a remarkable man, who was accomplished, caring, compassionate and humble."
    Connecticut courts rank highest for access
    Watertown Public Opinion: "Connecticut's court system scored highest among state judiciaries in serving poor, disabled and other disadvantaged members of the public, while Oklahoma's overall score is the lowest in the country, according new rankings. Connecticut led all states with a score of 73.4 out of 100 and was followed by Hawaii, Minnesota, New York and Delaware, respectively."

    Job Announcements
    Job Announcement
    A job announcement for a Staff Attorney-Central Legal Staff with the North Dakota Supreme Court in Bismarck 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 Attorney II with the Burleigh County Social Services 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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