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| October 30, 2009 |
| U.S. Supreme Court Nov. 3 arguments |
| Tuesday, the United States Supreme Court will hear arguments in a bankruptcy case, an electrical power rate case, and a RICO case. Schwab v. Reilly NRG Power Marketing v. Maine Pub. Utilities Hemi Group, LLC v. City of New York |
| U.S. District Court proposes new local rules |
| The Local Rules Subcommittee of the Federal Practice Committee for the District of North Dakota has proposed a set of revisions to the Court's Local Rules. The proposed rules are now available for public comment. Comments must be received by Monday, November 16, 2009. The revised Local Rules will be effective December 1, 2009. Summary and proposed rules |
| Job Announcement |
| The Morton County States Attorney's Office has posted a job announcement for an Assistant States Attorney. |
| Job Announcement |
| The North Dakota Department of Transportation has posted a job announcement for an Attorney II. |
| Judge Rules FTC Cannot Make Lawyers Comply With Identity Theft Laws |
| National Law Journal/Law.com: "The Federal Trade Commission cannot force practicing lawyers to comply with new regulations aimed at curbing identity theft, a federal judge ruled Thursday at the U.S. District Court for the District of Columbia." |
| 11th Circuit Obscenity Case Tests Community Standards on the Internet |
| Fulton County Daily Report/Law.com: "Accounts of a trial last year indicate that the jurors in a Tampa, Fla., courthouse had a hard time dealing with a case requiring they decide whether the producer of sexually explicit movies should be convicted of violating federal obscenity statutes." |
| Ariz. court rules records law covers 'metadata' |
| AP: "Hidden data embedded in electronic public records must be disclosed under Arizona's public records law, the state Supreme Court ruled Thursday in a case that attracted interest from media and government organizations." |
| U.S.: Senate, White House agree on reporter protections |
| AP: "Senate supporters of a bill protecting a reporter's right to protect confidential sources in federal court said Friday they've reached a compromise with the Obama administration and media groups that gives the government authority to override those rights in certain national security cases." |
| October 29, 2009 |
| U.S. Supreme Court Nov. 2 arguments |
 Monday, The United States Supreme Court will hear arguments in a class action lawsuit, a shareholders' rights case, and a criminal fugitive forfeiture rule case. Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Company Jones v. Harris Associates, L.P. Beard v. Kindler |
| Minn. panels to look at criminal forfeiture laws |
| Fargo Forum: "Five legislative panels meet today to examine Minnesota's laws on forfeiture and seizure of property involved in crimes." |
| 2009 Legislative standing committee minutes and testimony available online |
| The Legislative Council has made available online the 2009 standing committee minutes and testimony for the House by bill number. Records for the Senate bills should be online within the next couple of weeks. |
| Michigan: State justices hear arguments on parental waivers |
| Detroit News: "A rare visit by Michigan's Supreme Court to hear attorneys argue over parental waivers of liability for children drew about 200 curious lawyers and students Wednesday to the Thomas M. Cooley Law School campus." |
| October 28, 2009 |
| Mont.: Prison discrimination complaint dismissed |
| Independent Record: "A state human rights investigator has thrown out a complaint alleging that Montana's only private prison discriminated against American Indians who want to practice native religious ceremonies." |
| Nevada: Case Spurs Pharmacies' Fears of Lawsuits Over Drug Abuse |
| Wall Street Journal: "When Patricia Copening, a petite, 35-year-old doctor's office receptionist, bought nearly 4,500 doses of prescription painkillers one year, alarm bells sounded at the Nevada controlled-substance task force." |
| Texas: Texas Appeals Court Upholds 2,460-Year Sentence |
| Texas Lawyer/Law.com: "On Oct. 22, Fort Worth, Texas' 2nd Court of Appeals affirmed James Kevin Pope's 40 life sentences for sexual assault of a child and three 20-year sentences -- one for each of three counts of sexual performance of a child." |
| October 27, 2009 |
| Supreme Court at U.N.D. Law School Wednesday-Thursday |
| The Supreme Court will be at the University of North Dakota School of Law on Wednesday and Thursday to meet with students and hear arguments in several cases. Interest of H.K. Schoch v. WSI and Funshine Express State v. Grant |
| Justices Teaching Institute photos |
| Seventeen secondary history, government, and social studies teachers from across the state participated in the third North Dakota Justices Teaching Institute: "The Constitution and Judicial Decision-Making" Oct. 22-23 at the North Dakota Supreme Court. |
| Weir formally installed as District Judge |
 In ceremonies overseen by Chief Justice Gerald VandeWalle, H. Patrick Weir was formally invested as a district judge on Oct. 23 in Dickinson. Judge Weir Biography |
| BIA won't recognize Little Shell Tribe |
| AP: "The chairman of Montana's Little Shell Tribe says the Bureau of Indian Affairs has declined to formally recognize the tribe." |
| South Dakota: Circuit Judge Merton Tice's Retirement Announced |
| South Dakota Supreme Court Chief Justice David Gilbertson announced today that Circuit Court Judge Merton B. Tice, Jr., will be retiring. |
| U.S.: Supreme Court Justices debate, draw laughs at Tucson event |
| Arizona Daily Star: "U.S. Supreme Court Justices Antonin Scalia and Stephen Breyer drew laughs from taking a few good-natured jibes at one another, while raising thought-provoking questions about how to interpret the Constitution in an evolving society." |
| Supreme Court to Grand Forks County Bar Association meeting |
| The Supreme Court Justices will be attending the Greater Grand Forks County Bar Association meeting on Thursday, Oct. 29, at noon. For more information contact Stephanie Weis |
| October 26, 2009 |
| November Term of Court |
 The November term of court has been posted, including issues and briefs. |
| Appellate practice tip of the week |
| Proofread. Then proofread again. Other appellate practice tips |
| Texas: Sham Divorces? Not for a Retirement Plan Administrator to Decide, Says Judge |
| Texas Lawyer: "An Oct. 19 ruling by a U.S. District Court judge in an Employee Retirement Income Security Act (ERISA ) case demonstrates that retirement plan administrators are in a bad spot when confronted with beneficiaries whom they suspect of gaming the system to access retirement payments, several experts say. The case, The Continental Pilots Retirement Administrative Committee, et al. v. Glenn Brown, et al., involves a group of Continental Airlines senior pilots who allegedly obtained "sham divorces" to receive early payment of benefits from their retirement plan." |
| U.S.: Scalia, Ginsburg play nonspeaking opera roles |
| AP: "Supreme Court Justice Ruth Bader Ginsburg says she spent "an entirely enchanting evening" on stage with the Washington National Opera. Ginsburg and Justice Antonin Scalia had non-speaking roles in Saturday night's performance of "Ariadne auf Naxos" (are-EE-AHD-nay off NACKS-ohs). They played guests at a dinner party and were on stage for nearly 90 minutes." |
| October 25, 2009 |
| Supreme Court travels to Dakota Prairie Tuesday |
| The Supreme Court travels to Dakota Prairie High School, at Petersburg, on Tuesday to meet with students and to hear arguments in a case. State v. Dahl Taking the Court to the Schools |
| Supreme Court travels to Adams-Edmore Monday |
| The Supreme Court travels to Adams-Edmore Public School, at Edmore, on Monday to meet with students and to hear arguments in a case. State v. Thompson Taking the Court to the Schools |
| October 23, 2009 |
| N.D. Attorney General delinquent property tax foreclosure opinion: Oct. 23 |
 Attorney General Wayne Stenehjem has issued an opinion that legislative changes in 2007 reduced the time a landowner has to pay delinquent property taxes and the minimum time before a county may foreclose a lien, but did not affect the requirement that property tax payments be applied to the oldest unpaid delinquent taxes. A.G. opinion 2009-L-17 |
| Parenting Coordinator roster now available |
 A roster of qualified Parenting Coordinators has been posted on the North Dakota Supreme Court website. A parenting coordinator is a neutral individual authorized to use any dispute resolution process to resolve parenting time disputes. The purpose of a parenting coordinator is to resolve parenting time disputes by interpreting, clarifying, and addressing circumstances not specifically addressed by an existing court order. |
| South Dakota: Changes to sex offender registry possible |
| Aberdeen News: "Legislators are recommending a three-tier registry for South Dakota sex offenders that would give those with less severe crimes a chance to have their names removed from it." |
| Bankruptcy: New Haven For Student Borrowers? |
| Forbes.com: "High court decision could have big effect on college loan industry." |
| October 22, 2009 |
| Goter installed as judicial referee on October 20 |
| Wayne D. Goter was officiially installed as a judicial referee for the South Central Judicial District in a robing ceremony on October 20. Photos of the ceremony Bismarck Tribune photo of the event |
| Minn. high court: Bong water can count as illegal drug |
| Fargo Forum: "The Minnesota Supreme Court says bong water can qualify as a controlled substance." Minnesota Supreme Court opinion |
| Job Announcement |
| A job announcement for an indigent defense contract attorney in the Southeast Judicial district, primarily for Dickey and LaMoure counties, has been posted. |
| October 21, 2009 |
| Gov. Hoeven to name SE District Judge today |
 Gov. John Hoeven will name the new Southeast District judge today. The finalists for the judgeship to be chambered in Jamestown are Tom Merrick and Jay Schmitz. Committee names finalists for Southeast judgeship |
| Gov. Hoeven appoints Thomas Merrick Southeast District Judge |
 Gov. John Hoeven has named Jamestown lawyer Thomas Merrick to the newly created District Judgeship in the Southeast Judicial District. Governor's News Release Thomas Merrick lawyer record Committee names finalists for Southeast judgeship |
| A U.K. Court Without the Wigs |
| Wall Street Journal: "New Supreme Bench, Patterned on America's, Stirs Debate. The justices of the U.S. Supreme Court long have been Anglophiles, routinely turning to antique English cases to help decide issues from gun rights to terrorism. The late Chief Justice William Rehnquist had gold stripes stitched into his robe to emulate the British Lord Chancellor's costume in a Gilbert and Sullivan opera. Now, the Mother Country is following the lead of its offspring. " |
| 'Nokota' title causes dispute |
| Dickinson Press: "A judge's decision Tuesday to temporarily block certification of national park feral horses slated for auction this week could affect sales, a local auctioneer said." |
| South Dakota: Translator mix-up may doom murder suspect's confession |
| Argus Leader: A North African man accused of beating his girlfriend to death with a PVC pipe did not waive his Miranda rights, Judge Larry Long was told during a suppression hearing Tuesday. |
| October 20, 2009 |
| Minnesota: Erik Askegaard Appointed to Ninth District Bench |
 Erik J. Askegaard has been appointed by Gov. Tim Pawlenty to fill a Ninth Judicial District trial court bench vacancy. He is a 1986 UND School of Law graduate and a law clerk to North Dakota Supreme Court Justice Herbert L. Meschke from 1986 to 1987. Erik Askegaard N.D. Lawyer Record MinnPost: Attorney Erik J. Askegaard named new judge in Brainerd |
| Supreme Court's Stevens keeps cards close to robe |
 USA Today: "In the 1970s, soon after Justice John Paul Stevens joined the Supreme Court, he asked a clerk to figure out the average age justices retired. 'I had him make a study,' Stevens recalled, 'so that I could plan ahead and retire at that age.' The average was a bit over 70." |
| Michael Raymond ("Ray") McIntee 1921-2009 |
 Services for longtime Williston lawyer Ray McIntee, 88, have been set for Thursday, Oct. 22, at 11 a.m., at St. Joseph's Catholic Church, Williston. The 1953 University of North Dakota School of Law graduate died Oct. 17. Michael Raymond McIntee lawyer record Obituary |
| October 19, 2009 |
| Michael Raymond ("Ray") McIntee 1921-2009 |
| Michael Raymond ("Ray") McIntee, 88, longtime Williston lawyer and 1953 University of North Dakota School of Law graduate, died October 17, at Med Center One in Bismarck. Michael Raymond McIntee lawyer record |
| N.D. Attorney General open meeting records opinion: Oct. 19 |
 Attorney General Wayne Stenehjem has issued an opinion that the Minnewaukan City Council did not violate the open meetings laws because the facts show the council did not meet prior to the regular meeting to orchestrate the termination of an employee. A.G. opinion 2009-O-19 |
| US attorney appointment still in limbo |
| Fargo Forum: "While North Dakotas U.S. attorney seat has been vacant for more than a month, theres no word about when a replacement will be named." |
| Montana: Eleven lawyers apply for vacancy on Montana Supreme Court |
| Missoulian: "Eleven Montana lawyers have applied for the soon-to-be-vacant justice's seat on the state Supreme Court." |
| California gives the poor a new legal right |
| Los Angeles Times: "Under a new law, the state will provide lawyers in key civil cases, such as those dealing with eviction and domestic abuse. Advocates say underprivileged litigants will get a better shot at justice. California is embarking on an unprecedented civil court experiment to pay for attorneys to represent poor litigants who find themselves battling powerful adversaries in vital matters affecting their livelihoods and families." |
| Appellate practice tip of the week |
| "Good legal writing should not differ, without good reason, from ordinary well-written English."--Richard Wydick, Plain English for Lawyers. Other appellate practice tips |
| October 16, 2009 |
| North Dakota Justices Teaching Institute, Oct. 22-23 |
| On October 22-23, seventeen history, government, and social studies teachers from across the state will participate in the North Dakota Justices Teaching Institute: "The Constitution and Judicial Decision-Making." Bismarck Tribune/AP: For teachers, a chance to be the judge |
| New Opinion posted Oct. 16 |
| The Supreme Court posted a new opinion on Oct. 16. |
| South Dakota: Senate confirms Johnson as US attorney |
| Fargo Forum/AP: "The Senate has confirmed Brendan Johnson as South Dakota's next U.S. attorney." |
| October 15, 2009 |
| New Opinion posted Oct. 15 |
| The Supreme Court posted a new opinion on Oct. 15. |
| Law Review goes digital |
 The most recent issue of the North Dakota Law Review is now available online on the Law Review's website. |
| Ginsburg briefly hospitalized, released Thurs. |
| AP: "[U.S.] Supreme Court Justice Ruth Bader Ginsburg, who had cancer surgery earlier this year, was kept at a hospital overnight after she became drowsy and fell from her seat aboard an airplane. Court officials blamed a reaction to medicine." |
| 9th Circuit case argued from Billings by videoconference |
| Billings Gazette: "Attorney Hope Freeman was barely two minutes into her argument Tuesday as to why a Lodge Grass man's conviction for sexual assault on a minor should be reversed when the federal appeals judge in Seattle interrupted. ... Rawlinson and the two other judges on the panel questioned Freeman for the next 15 minutes from their courtroom, and Freeman responded from Billings through a videoconference set up by Vision Net." |
| Justices doubt lawyers should be paid extra for winning |
| National Law Journal: "The nine justices of the U.S. Supreme Court are all lawyers, but most showed little empathy for their fellow attorneys on Wednesday as they debated whether legal fee awards can be enhanced for superior performance or exceptional results under a federal fee-shifting statute. " |
| October 14, 2009 |
| Statewide Crime Statistics Released |
| Attorney General Wayne Stenehjem today released North Dakota's crime statistics for 2008, which show that overall, the state's crime rate per capita increased by 2.3% from 2007. 2008 Crime Report |
| ND law school grad nominated to be federal judge |
 Fargo Forum/AP: "President Obama has nominated Rosanna Peterson of Spokane to become a federal judge in Eastern Washington." Rosanna Peterson biography Spokane Spokesman-Review: Professor nominated for U.S. District Court White House News Release |
| U.S.: Court to decide constitutionality of bad advice |
| AP: "Supreme Court justices on Tuesday questioned whether defendants should expect their lawyers to correctly advise them on all the possible consequences of a guilty plea, including on important issues like deportation." |
| Mont.: Judge overturns Montana water rules for gas drilling |
| Billings Gazette/AP: "A federal judge has overturned water quality rules for southeastern Montana that were approved by the Environmental Protection Agency, then assailed by the natural gas industry as a threat to drilling." |
| U.S.: The Supreme Court, as Seen on Television |
| National law Journal/Law.com: "[R]evealing vignettes from justices on a court that is congenitally private were all included in a week's worth of documentaries produced and aired by C-SPAN, the cable channel that hopes one day to broadcast Supreme Court oral arguments. That day still seems far off, but until then the assembled interviews of all nine sitting justices -- and the two retired ones -- conducted in recent months may stand as the fullest visual portrait ever of the modern-day Supreme Court. C-SPAN producer Mark Farkas said in an interview, "I came away understanding the personalities, which are so important to how the Court works. This is a human institution."" |
| October 13, 2009 |
| New Opinions posted Oct. 13 |
| The Supreme Court posted eight new opinions on Oct. 13. |
| New Opinions posted Oct. 13 |
| The Supreme Court posted eight new opinions on Oct. 13. |
| Governor interviews SE District Judge finalists this week |
 Gov. John Hoeven is scheduled to interview the two finalists for the new Southeast District judgeship this week. The Judicial Nominating Committee forwarded the names of Tom Merrick and Jay Schmitz. Committee names finalists for Southeast judgeship |
| N.D. Attorney General rural fire protection district opinion: Oct. 13 |
| Attorney General Wayne Stenehjem has issued an opinion that a board member of a rural fire protection district must have, among other requirements, an ownership interest in taxable real or personal property in the district in order to be qualified for election to the board. A.G. Opinion 2009-L-16 |
| Booze abuse still a concern among youth of N.D. |
| Minot Daily News: "Alcohol usage among high school and college students in the state remains a concern, said Vicki Michels, director of addiction studies at Minot State University. Results of a survey of students at Minot State University and at colleges elsewhere in the state taken last year showed high rates of alcohol use, binge drinking and driving while under the influence. The statistics have been shown at presentations to area service groups." |
| Why Email No Longer Rules. |
| Wall Street Journal: "Email has had a good run as king of communications. But its reign is over. In its place, a new generation of services is starting to take hold--services like Twitter and Facebook and countless others vying for a piece of the new world. And just as email did more than a decade ago, this shift promises to profoundly rewrite the way we communicate--in ways we can only begin to imagine." |
| U.S. Supreme Court Oct. 14 arguments |
| Wednesday, the United States Supreme Court will hear arguments in a due process clause case and a civil rights action case. Alvarez v. Smith Perdue v. Kenny A. |
| October 12, 2009 |
| New Court Case Management System Goes Live in East Central Judicial District |
| The North Dakota Court System successfully launched the first phase of its new case management program on Monday, Oct. 12. The Odyssey® Case Management System by Tyler Technologies will be used in two pilot counties, Cass and Traill, which are both part of the East Central Judicial District. New link for Public Search of trial court records |
| U.S. Supreme Court Oct. 13 arguments |
| Tuesday, the United States Supreme Court will hear arguments in an immigration case and a death penalty case. Padilla v. Kentucky Smith v. Spisak |
| Appellate practice tip of the week |
| Avoid "legalese." Don't use "pursuant to," "hereinafter," "herein." Never use "said" as an adjective or an article. Clear language—not pompous or ponderous language—is most effective. Other appellate practice tips |
| N.D. Attorney General Open Enrollment Opinion: Oct. 12 |
| The attorney general has issued an opinion that a district must offer the grade level in which the student requires enrollment in order for its students to participate in open enrollment. A.G. Opinion 2009-L-15 |
| Uniform Bar Examination Drawing Closer to Reality |
| National law Journal/Law.com: "It could mark one of the biggest changes for lawyers joining the profession since the first U.S. bar exam was given in Delaware in 1763—a single bar exam aimed at standardizing attorney credentials nationwide." |
| West Puts Law Books on Kindle |
| Law.com: "In a move that is most certainly a sign of the technology times, legal publisher West said yesterday that it is releasing e-book editions of 29 of its most popular law books. The releases include the book co-authored by Supreme Court Justice Antonin Scalia legal wordsmith Bryan Garner, Making Your Case: The Art of Persuading Judges." |
| October 9, 2009 |
| N.D. Attorney General Open Meeting Opinion: Oct. 9 |
| North Dakota Attorney General Wayne Stenehjem has issued an opinion concluding that although the Rye Township Board of Supervisors published notice of a June 15 meeting in the Grand Forks Herald, it violated the open meeting law because it did not file the meeting notice with the county auditor or post the notice at the location of the meeting. A.G. Opinion 2009-O-18 |
| N.D. Attorney General Opinion: Oct. 9 |
| North Dakota Attorney General Wayne Stenehjem has issued an opinion concluding that when considering income limitations for the farm residence property tax exemption, a person may defer nonfarm income or offset nonfarm losses against nonfarm income to stay below the nonfarm income cap. A.G. Opinion 2009-L-14 |
| Florida: 11th Circuit Bounces Attorney's Contempt Sentence Back to Florida Federal Judge |
| Daily Business Review/Law.com:"When Fort Lauderdale, Fla., attorney Lee A. Cohn was caught representing a client after he was disbarred, he was ready to plead guilty to criminal contempt of court. What Cohn didn't expect was a ruling by U.S. District Judge William Zloch that the attorney had committed a Class A felony and was subject to a maximum sentence of life in prison." USA v. Cohn opinion |
| Illinois High Court Lets Defendant Choose Jury Size |
| National law Journal/Law.com:"The Illinois Supreme Court has ruled that if a criminal defendant wants a jury with fewer than 12 people and the judge allows it, a state prosecutor can't stop it." |
| October 8, 2009 |
| Minn. Court: Life sentences for juveniles are constitutional |
| Start Tribune: "Juveniles can be sentenced to life without the possibility of release without violating the constitution's ban on cruel or unusual punishment, a divided Minnesota Supreme Court ruled today. The ruling upheld the convictions of two gang members who executed another teen as he begged for his life in a north Minneapolis alley." State v Martin opinion: State v Jackson opinion: |
| New York Court Finds Offenders Can Be Subject to Voice Analysis to Detect Lies |
| New York Law Journal/Law.com: "Sex offenders can be required to submit to computerized voice stress analysis as part of their post-release supervision to determine if they are telling the truth, a federal court has ruled." |
| Judge Weir Investiture set for Oct. 23 |
 The formal public investiture for newly appointed District Judge H. Patrick Weir has been set for 3 p.m. M.T., Friday, Oct. 23, at the Stark County Courthouse in Dickinson. Hoeven names Pat Weir Southwest Judicial District Judge |
| October 7, 2009 |
| Committee names finalists for Northwest judgeship |
 The Judicial Nominating Committee has selected three lawyers as candidates to fill the new Northwest Judicial District judgeship chambered in Minot: William Bergman, Todd Cresap, and Kelly Dillion. |
| Minnesota courts revamp Web site that contains forms, fines |
| Fargo Forum/AP: "Finding court forms and paying some traffic tickets is now easier online with a new redesign for Minnesota courts' Web site." Minnesota Courts website |
| Former ND inmate says government owes him money |
| Bismarck Tribune/AP:"A Fargo man convicted of telling a fellow inmate he wanted to kill former President Bush says the government owes him money for keeping him in prison beyond his scheduled release date." |
| Florida: Fla. Appeals Court Takes Judge to Task for 'Benevolence' |
| Daily Business Review/Law.com:"'Benevolence and compassion' have no place when it comes to setting foreclosure sales, a Florida state appellate court ruled in a stern order." |
| Municipal Judges seminar scheduled |
| The Municipal Judges seminar is scheduled for Monday, October 12, 2009, at the Seven Seas in Mandan. Registration starts at 7:45 am and the program ends at 5 pm. |
| October 6, 2009 |
| 45 attorneys admitted to North Dakota bar |
 As Justice Dale Sandstrom administered the oath, 45 lawyers were admitted to the North Dakota Bar Monday, Oct. 5. Speakers included State Board of Law Examiners President Mark Stenehjem, N.D. Attorney General Wayne Stenehjem, U.N.D. Law School Dean Kathryn Rand, and State Bar Association President Jane Dynes. Photos of Admission Ceremony |
| U.S.: Five Supreme Court Cases to Watch This Term |
| TIME: "The U.S. Supreme Court reconvenes for its 2009-10 term on Oct. 5, with most of the attention going to the court's freshest face, newly confirmed Justice Sonia Sotomayor. But Sotomayor and her eight colleagues won't have a lot of time for orientation: the court will start immediately on a docket of controversial cases that will call on Justices to consider new facets of the Establishment Clause, gun ownership and prison terms for minors, among other issues. In total, the Justices have already agreed to hear 55 cases in the new term." |
| South Dakota Judge: DUI program is working |
| Capital Journal: "The Hughes County Commission was briefed Monday night on a drunken driving program that administrators say is working. Judge Lori Wilbur, who helps enforce STOP DUI, or Supervised Treatment Option Program for those convicted of three to seven driving under the influence charges, went before the commission at its meeting with details about the eight-month old program." |
| U.S. Supreme Court Oct. 7 arguments |
| Wednesday, the United States Supreme Court will hear arguments in a copyright infringement case, an establishment clause case, and a labor dispute case. Reed Elsevier v. Muchnick Salazar v. Buono Union Pacific Railroad Co. v. Br |
| October 5, 2009 |
| First Argument of Supreme Court Term Postponed |
| National law Journal/Law.com: "In an extremely rare move, the Supreme Court has postponed the first oral argument scheduled for its new term today, South Carolina v. North Carolina. An announcement from the Court came Sunday night. The official reason given was that "family illness" has left Eric Miller, assistant to the U.S. Solicitor General, unable to argue in the case." |
| U.S. Supreme Court Oct. 6 arguments |
| Tuesday, the United States Supreme Court hears arguments in 3 criminal cases. Johnson v. United States Bloate v. United States United States v. Stevens |
| Appellate practice tip of the week |
| Read the Rules of Appellate Procedure. Other appellate practice tips |
| The Propriety of Criticizing Judges |
| Law.com: "Can you keep a secret? If you can't, you probably shouldn't be a practicing attorney. Lawyers are, among other things, professional secret keepers. We, as lawyers, are bound to keep client confidences, communications and a myriad of other secrets. We have an ethical obligation not to vouchsafe any information that, very broadly speaking, relates to a client representation. " |
| Notice of Interrupted Services in Cass County and Traill County—Oct. 7-12 |
| Certain normal services in Cass County and Traill County will be disrupted between October 7 and 12, as these counties migrate from the current Unified Court Information System (UCIS) to the Odyssey Case Management System. |
| October 2, 2009 |
| U.S. Supreme Court Oct. 5 arguments |
| Monday, the United States Supreme Court hears arguments in an attorney-client privilege case, a criminal case, and a case of original jurisdiction. Mohawk Industries, Inc. v. Carpe Maryland v. Shatzer South Carolina v. North Carolina |
| Eighth Circuit decides North Dakota Case |
 The United States Court of Appeals for the Eighth Circuit has decided a North Dakota criminal case. United States v. Sebastian Joseph Feist opinion text |
| Ralph A. Vinje 1942-2009 |
 The funeral for longtime Bismarck lawyer Ralph A. Vinje, 67, who died Oct. 1, as a result of injuries sustained in an automobile accident, has been set for Monday Oct. 5, at 2 p.m., at McCabe United Methodist Church in Bismarck. Bismarck Tribune: Ralph Vinje called a 'rebel spirit' Ralph A. Vinje lawyer record |
| October 1, 2009 |
| Ralph A. Vinje 1942-2009 |
| Longtime Bismarck lawyer Ralph A. Vinje, 67, died Oct. 1, as a result of injuries sustained in a motor vehicle accident. Ralph A. Vinje lawyer record Bismarck defense attorney dies from injuries |
| Life As A U.S. Russian Diplomat |
| Napoleon Homestead: "When they were ready for a change in their lives, Claire and Jeff Rotering received what they wanted." |
| South Dakota: Supreme Court October 2009 Term of Court to be Held at Mount Marty College, Yankton, South Dakota |
| Chief Justice David Gilbertson of the South Dakota Supreme Court announced that the Supreme Court will hold its October 2009 Term at Mount Marty College, in Yankton, South Dakota on October 5, 6, 7, 2009. |
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