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| November 30, 2002 |
| U.S. Supreme Court Dec. 2 arguments |
 The United States Supreme Court hears arguments Monday in two cases involving tribal breach of trust claims against the federal government. United States v. White Mountain Apache Tribe United States v. Navajo Nation |
| November 28, 2002 |
| Job Announcement |
| A job announcement for a law clerk for the Southeast Judicial District Court has been posted. |
| November 27, 2002 |
| Hovland sworn in as judge |
 The Forum: "Dan Hovland made the leap from attorney to chief U.S. district judge for North Dakota Tuesday. Hovland took the oath of office in the U.S. courthouse in Bismarck. He was sworn in by outgoing Chief U.S. District Judge Rodney Webb, who sat at his bench in Fargo." SBAND: Hovland sworn in as U.S. District Judge |
| Mont. governor, chief justice resist depositions |
| Billings Gazette/AP: "Gov. Judy Martz and Supreme Court Chief Justice Karla Gray should not be subjected to questioning in a lawsuit over the state's system of providing legal help to poor defendants, an attorney for the state says." |
| Verdicts swelling from big to bigger |
| Law.com: "In the last few months alone, a Los Angeles jury awarded a dying smoker $28 billion in an action against a tobacco company, and a Kentucky jury delivered a $271 million award to a burn victim in a personal injury suit against a utility." |
| Rehnquist has knee surgery after falling |
| Washington Post: "Chief Justice William H. Rehnquist underwent surgery [Tuesday] to repair a knee injury he suffered in a fall at his home on Nov. 21, a spokeswoman for the Supreme Court said." |
| November 26, 2002 |
| Supreme Court approves rule amendments |
| The Supreme Court has approved amendments to the Rules of Civil Procedure, Rules of Court, and Administrative Rules effective March 1, 2003. |
| Supreme Court approves appellate rule changes |
| The Supreme Court has approved amendments to Criminal Rules 37 and 46, and a complete revision of the Rules of Appellate Procedure, effective March 1, 2003. |
| Young attorney lassos two counties |
| Bismarck Tribune: "Nici Meyer Clarkson has won plenty of rodeo championships in her day, but she's never tried a court case. She's about to become a full-time prosecutor and trying cases will be her main ride." |
| More women entering law school |
| Sioux Falls Argus Leader: "After decades of having a "boys club" label, law schools and legal careers are attracting growing numbers of women." |
| Mont. driver's licensing upheld |
 Billings Gazette/AP: "A tax protester has lost a Supreme Court appeal over his refusal to pay tickets for driving without a license or insurance." City of Billings v. Beckman |
| Judge to allow filming of jury in murder trial |
| Washington Post: "A state district judge in Texas [Tuesday] stood by his decision to allow a camera crew to film jury deliberations in a death penalty case in Houston." |
| 8th Circuit upholds judgment in N.D. case |
 The Eighth Circuit Court of Appeals has upheld a conviction in a North Dakota drug case. United States v. Morin (pdf file) |
| Joint Procedure Committee Sept. 2002 minutes |
| The minutes for the September 2002 meeting of the Joint Procedure Committee have been posted. |
| Drunk driving: Legal limit could decline |
| G.F. Herald/AP: "North Dakota's legal blood alcohol level for driving is more likely to decline next year, in part because of the threat of losing millions in federal highway funds, supporters and some critics of the idea say." |
| November 25, 2002 |
| Is litigation a blight, or built in? |
| New York Times: "The familiar image of manipulative lawyers and rapacious clients bringing frivolous lawsuits is almost as much a part of American lore as George Washington chopping down the cherry tree." |
| Gay rights, affirmative action on high court agenda |
| Law.com: "On the day before Thanksgiving, the U.S. Supreme Court will sit down to a plateful of petitions, including two that would return the Court to some of the thorniest subjects it has faced in recent decades: gay rights and affirmative action." |
| November 24, 2002 |
| Appellate practice tip of the week |
| If material considered by the trial court is not in the record, a motion to correct the record should be made to the trial court. See N.D.R.App.P. 10(h) Other appellate practice tips |
| November 22, 2002 |
| N.D. civil forms set published |
| It's been almost 25 years since he graduated from law school, and Bismarck trial lawyer Lawrence Klemin is ready to share the tools he's developed in the practice of law. Klemin has spent more than five years updating a comprehensive set of materials for use in the practice of civil law in North Dakota. |
| Meierhenry eager to tackle role on S.D. Supreme Court |
| Sioux Falls Argus Leader: "As Judith Meierhenry prepares to break through one of those glass ceilings [Friday] and become the first woman on the South Dakota Supreme Court, she thinks back to a day at a track and field meet to explain the feeling." |
| Battered women get new day in court |
| Washington Post: "Since 1992, California has required that evidence of abuse be permitted in murder trials. [A] new law is the first in the nation to allow inmates convicted in trials before the new requirements to demand another hearing." |
| Raise for judicial employees, hidden in bill, angers judges |
| New York Times: "Federal judges across the country are upset after learning that although they did not receive a raise this year, a provision buried deep in the domestic security bill could allow hefty bonuses for some court administrators who work for them." |
| Harvard Law School mulls offensive speech ban |
| Washington Post/AP: "Harvard Law School is considering a ban on offensive speech after a series of racially charged incidents, raising fears that the rules will inhibit the kind of sharp-edged intellectual combat so famously depicted in the movie `The Paper Chase.'" |
| December Term of Court |
 The December term of court has been posted, including issues and briefs. |
| November 21, 2002 |
| New S.D. justice takes bench Friday |
| Rapid City Journal/AP: "Judge Judith Knittel Meierhenry will be sworn in as South Dakota's 76th Supreme Court justice Friday afternoon in Sioux Falls." |
| Richland faces decision on new State's Attorney |
| Wahpeton Daily News: "Voters named a new Richland County State's Attorney in Warren Stokes, but the ultimate decision of whether Stokes serves in that role lies with the Richland County Commission." |
| UND law caucus holds 9/11 talk today |
| G.F. Herald: "The Law Women's Caucus and the Legal Aid Society of UND's School of Law will play host to a panel discussion today about the impacts of 9/11 on legal issues, immigration, stereotypes and religion." |
| Two Mont. tribal judges ousted |
| Billings Gazette: "Hours before new Crow Tribal Chairman Carl Venne took office last week, he fired a tribal court judge. Two days later, the chairman suspended the tribe's chief judge, who had sworn him into office." |
| Study: Money counts in judge races |
| Washington Post/AP: "Campaigns for judgeships are looking increasingly like other contests for public office: Those who spend the most usually win, according to a study released Wednesday." |
| New Opinion: Nov. 21 |
| The Supreme Court posted a new opinion on Nov. 21. |
| November 20, 2002 |
| Council of Presiding Judges to meet Nov. 25 |
| The Council of Presiding Judges Nov. 25 meeting agenda and Oct. 14 meeting minutes have been posted. Nov. 25 agenda Oct. 14 minutes |
| A Texas town celebrates prison tradition |
| Washington Post: "In the past few days, Huntsville has been celebrating its newest attraction, the Texas Prison Museum, which local boosters hope will really put the town on the map." |
| Lawyer licenses expire Dec. 31 |
| The State Board of Law Examiners reminds lawyers that all licenses to practice law in N.D. expire at the end of the calendar year. |
| November 19, 2002 |
| Elected state's attorney changes mind |
| Bismarck Tribune: "The newly elected state's attorney in Kidder County changed his mind and said he doesn't want the job after all. The incumbent who didn't run says he doesn't want it either." |
| 8th Cir. upholds Yahoo! e-mail search |
| Minneapolis Star Tribune/AP: "The Eighth Circuit Court of Appeals, reversing a federal judge's decision, ruled Monday that police do not need to be present to collect evidence from an Internet service provider." United States v. Bach (pdf file) |
| Proposed rule allows citation of unpublished opinions |
| Law.com: "A federal rules advisory committee has approved a proposal to allow the citation of unpublished decisions in all federal appellate courts." |
| Campaign finance reform among issues heading to court |
| Law.com: "The U.S. Supreme Court on Monday added three new cases to its docket, each offering a new twist on recurring themes: campaign finance reform, ineffective assistance of counsel in capital cases, and the Americans with Disabilities Act." |
| Judge's biblical monument is ruled unconstitutional |
| New York Times: "Roy Moore may be the chief justice of the Alabama Supreme Court, but around here most people just call him the Ten Commandments judge." |
| Debts keep some law grads out of public service jobs |
| Washington Post: "Two-thirds of law students would not consider a job in public-interest or government service because the salaries are too low to pay their law-school debts, a survey to be released [Monday] shows." |
| November 18, 2002 |
| Drug court offers final chance for some juveniles |
| Bismarck Tribune: "A 17-year-old Bismarck boy stood behind a lectern in a Burleigh County courtroom recently telling South Central District Judge Bruce Romanick about a week packed with activity. The same teen once believed that there was nothing to do in Bismarck. Nothing legal anyway." |
| Sex offender website proves successful |
| Wahpeton Daily News: "The North Dakota Sex offender website was launched a year ago and has had 90,248 visitors since it first booted up." G.F. Herald: Sex offender address wrong |
| Northwest N.D. agencies face jail space shortage |
| Williston Herald: "With the fate of New Town's new jail uncertain, officials are looking at the need for a new jail in Williams County." |
| S.D. high court debate now available online |
| Aberdeen American News/AP: "Beginning this week, anyone with an Internet connection can listen live when lawyers argue their cases to the South Dakota Supreme Court." Listen to the North Dakota Supreme Court |
| Nameless juries are on the rise in crime cases |
| New York Times: "The Wisconsin Supreme Court will soon decide whether Sherrie S. Tucker is so dangerous that her case required an anonymous jury." |
| November 17, 2002 |
| The Supreme Court in Minot - The Photos |
 | | The Supreme Court was in Minot on Wednesday to meet with students and to hear oral arguments in a case. |
Minot Daily News: Justices hold court with student, faculty audience Taking the Court to the Schools |
| The Supreme Court at UND - The Photos |
| The Supreme Court was at the Univ. of N.D. Law School in October to meet with students, hear oral arguments in a case, judge moot court, and teach classes. Taking the Court to the Schools |
| Appellate practice tip of the week |
| If the transcript contains errors, a motion to correct the record should be made to the trial court. See N.D.R.App.P. 10(h) Other appellate practice tips |
| November 15, 2002 |
| Hovland confirmed by Senate |
| The U.S. Senate has confirmed Daniel Hovland to serve as U.S. District Judge for North Dakota. President Bush nominated Hovland to succeed U.S. District Judge Patrick Conmy, who has taken senior status. The Senate confirmed 17 district court judges and Judge John Rogers of Kentucky for a seat on the 6th Circuit U.S. Court of Appeals Thursday. Senate Judiciary Committee Nominations News Release from Sen. Dorgan G.F. Herald/AP: New federal judge hopes to start work next week |
| New Opinions: Nov. 15 |
| The Supreme Court posted two new opinions on Nov. 15. |
| S.D. panel told of injustices to Indians |
| Aberdeen American News/AP: "American Indians get a worse deal than white people in South Dakota's criminal justice system, a state legislative committee was told Thursday." |
| Drugged drivers often go undetected |
| USA Today/AP: "State laws haven't kept up with advances in technology making it easier for police to determine if a driver is on drugs, according to a study released Thursday." |
| November 14, 2002 |
| The Supreme Court in Minot |
| | The Supreme Court was in Minot on Wednesday to meet with students and to hear oral arguments in a case. |
Minot Daily News: Justices hold court with student, faculty audience Taking the Court to the Schools |
| N.D. drivers less litigious |
| Bismarck Tribune: "Finally, a morsel of good news for North Dakotans paying auto insurance. After being hit the last few years by rising premiums due to a rash of catastrophic storms, it appears the state's drivers are doing what they can to keep their insurance payments low." |
| New GF State's Attorney wants to improve communications |
| G.F. Herald: "Moving more resources on drug case prosecution and improving communications are among the goals of Peter Welte, new Grand Forks County State's Attorney." |
| November 13, 2002 |
| Justices to hear Internet porn case |
| Washington Post: "The Supreme Court announced [Tuesday] that it would intervene in a dispute over free speech on the Internet that could affect the online choices available to millions of Americans who depend on public libraries for access to the World Wide Web." Washington Post/AP: Court to weigh in on gun debate |
| Presiding judge named for S.D. circuit |
| Aberdeen American News: "Judge Glen Severson was appointed Tuesday as presiding judge in the Second Judicial Circuit." |
| November 12, 2002 |
| Supreme Court travels to Minot |
| The Supreme Court travels to Minot High School Wednesday to meet with students and hear oral arguments in a case. State v. Jones Taking the Court to the Schools |
| In law school: Listen carefully, think quickly |
| G.F. Herald: "The subject was search warrants when I went to a class on criminal procedures taught by Professor Tom Lockney at the UND School of Law last week. At the close of the class, he used a segment to illustrate a point from the TV show `Law & Order.'" |
| Noack retires after 44-year run as state's attorney |
| G.F. Herald: "In 44 years as Foster County State's Attorney, Fabian Noack has never handled a murder case." |
| 'Problem attorneys' face scrutiny in Minn. |
| St. Paul Pioneer Press: "Lawyers who repeatedly show up late, bilk their clients or smart off in court may find themselves under judicial scrutiny in coming months." |
| Humble roots lead Meyer to top court |
 St. Cloud Times: "The journey from a rural Stearns County dairy farm to the state Supreme Court gained momentum on the bookmobile." |
| November 11, 2002 |
| U.S. Supreme Court Nov. 13 arguments |
| The United States Supreme Court hears arguments Wednesday in two sex offender registration cases. Smith v. Doe Conn. Dept. of Public Safety v. Doe |
| November 10, 2002 |
| U.S. Supreme Court Nov. 12 arguments |
| The United States Supreme Court hears arguments Tuesday in a conspiracy case and a trademark dilution case. United States v. Recio Moseley v. Victoria's Secret |
| Appellate practice tip of the week |
| If no verbatim record of the evidence or proceedings at a hearing or trial was made or no transcript is available, the record may be supplemented as provided by rule. See N.D.R.App.P. 10(f) Other appellate practice tips |
| November 9, 2002 |
| Joint Committee on Attorney Standards to meet Nov. 15 |
| The Joint Committee on Attorney Standards Nov. 15 meeting agenda and Sept. 12 meeting minutes have been posted. Nov. 15 agenda Sept. 12 minutes |
| November 8, 2002 |
| Another step backwards |
| This website has taken another step backwards . . . in time. Opinions on the site now go back to the beginning of 1983. There are 4,800 opinions on the website, covering nearly twenty years of Supreme Court and Court of Appeals decisions. |
| Janklow sends Meierhenry to S.D. Supreme Court |
| Rapid City Journal/AP: "Gov. Bill Janklow [Friday] appointed 2nd Circuit Judge Judith Meierhenry of Sioux Falls to the South Dakota Supreme Court. She is the first woman named to the state's high court." News Release: Janklow appoints Judge Judith Meierhenry to Supreme Court |
| Minn. judge accused of misleading House panel |
| Washington Post: "Republicans on a House Judiciary subcommittee took the unusual step [Tuesday] of accusing a federal judge who advocated changes in drug sentencing laws of giving misleading testimony to the panel last May." |
| S.D., ACLU settle suit over Indian voting rights |
| Sioux Falls Argus Leader: "Three months after the American Civil Liberties Union filed a lawsuit against state and local officials for ignoring a federal law meant to protect American Indians from voting discrimination, a settlement has been reached." |
| Job Announcement |
| A job announcement for a judicial system Deputy Clerk of District Court I at Grafton has been posted. |
| November 7, 2002 |
| Court Services Administration Committee to meet Friday |
| The Court Services Administration Committee's Nov. 8 meeting agenda and May 24 meeting minutes have been posted. Nov. 8 agenda May 24 minutes |
| 1970 Joint Procedure Committee minutes |
| The minutes for the Joint Procedure Committee's March, September and December 1970 meetings have been posted as part of the online rulemaking history. |
| Minn. First Lady: Judge Mary Pawlenty |
| Minneapolis Star Tribune: "Minnesota's next First Lady, Dakota County District Judge Mary Pawlenty, stepped into the spotlight for the first time Wednesday and then quickly retreated." |
| November 6, 2002 |
| District judge elections |
    
Ward County State's Attorney Doug Mattson defeated State Bar Association President Gary Lee (57-43) for the seat of retiring District Judge Nels Olson of Minot. Judge Cynthia Rothe-Seeger, Fargo, defeated Fargo lawyer Alan Sheppard (63-37). Presiding Judge Debbie Kleven, Grand Forks, defeated Grand Forks lawyer Jonathan Christensen (78-22). Judge David Nelson, Williston, defeated Minot lawyer, Richard Hagar (59-41). Judge John Greenwood, Jamestown, defeated former judge Randall Hoffman (68-32). Vote totals Five contested judicial elections |
| State's attorney elections |
| Based on unofficial results from the Nov. 5 elections, North Dakota will have new faces in 13 state's attorney positions. Nine new state's attorneys were elected to seats left vacant by incumbents, while four incumbents were defeated in contested elections. |
| 8th Circuit decides N.D. case |
| The Eighth Circuit Court of Appeals has upheld the sentence imposed in a North Dakota drug distribution case. United States v. Vega (pdf file) |
| Juries will not rule on merits of S.D. laws |
| Sioux Falls Argus Leader: "A move to allow criminal defendants to argue the merits of laws they are accused of violating was rejected Tuesday by South Dakota voters." |
| Mont. justice wins solid victory |
| Billings Gazette: "Supreme Court Justice Bill Leaphart clinched a solid victory over challenger Bob Eddleman, unofficial elections results showed." Billings Gazette: Victim of court thumping blames lack of money |
| Most incumbents leading in Minn. judicial races |
| St. Paul Pioneer Press: "In an otherwise suspenseful election year, Minnesota's judicial races appeared to yield few surprises Tuesday night." |
| November 5, 2002 |
| Comments sought on proposed federal rules |
| The U.S. Judicial Conference Advisory Committees are seeking comments on proposed amendments to federal bankruptcy, criminal, and evidence rules. |
| New Opinions: Nov. 5 |
| The Supreme Court posted 14 new opinions on Nov. 5. |
| Zierdt named interim dean |
 Candace Zierdt, a professor of law at the University of North Dakota, has been named interim dean of the Law School. The appointment announced by U.N.D. Provost John Ettling is effective with the year-end departure of Dean W. Jeremy Davis. |
| U.S. Supreme Court decides two cases |
| The United States Supreme Court has released opinions in a case involving trucking fees and in a federal removal jurisdiction case. Yellow Transportation, Inc. v. Michigan Syngenta Crop Protection, Inc. v. Henson |
| U.S. magistrate plans to recover, return |
| Bismarck Tribune: "U.S. Magistrate Dwight Kautzmann said he plans to return to work later this month after congestive heart failure took him out of commission for more than a month." |
| Pattern Jury Instruction Commission minutes and drafts |
| The Pattern Jury Instruction Commission's October meeting minutes and draft jury instructions have been posted. October 2002 Minutes October 2002 Instructions |
| Court reverses 9th Circuit three times in one day |
| Law.com: "U.S. Supreme Court justices voted unanimously to reverse the 9th U.S. Circuit Court of Appeals in three separate cases Monday, handing down summary reversals that remind the appellate court about the limits of its power." INS v. Ventura Early v. Packer Woodford v. Visciotti |
| High court to hear telemarketing case |
| Washington Post/AP: "The Supreme Court announced [Monday] that it will decide whether the Constitution permits the states to sue telephone fundraisers who claim to represent charities but pocket most of the donations, in a case that pits consumer protection against the free speech rights of telemarketers." |
| 8th Cir. scolds federal judge for attack |
| New York Times: "The federal appeals court in St. Louis [Monday] angrily rejected an accusation by a federal district judge that it had reversed his decision because of the races of those involved." Moran v. Clarke (pdf file) |
| After taking on tobacco, law professor targets fat |
| Washington Post: "Oh, it's important to be on the right side and all, but what really gets John Banzhaf going is being on the short side of a long-odds fight. He likes to position himself as a little fellow with a pickax, digging away at social ills and wrongheaded industries." |
| November 4, 2002 |
| Five contested judicial elections |
| Five judgeships are contested in Tuesday's 2002 N.D. general election. |
| New Opinion: Nov. 4 |
| The Supreme Court posted a new opinion on Nov. 4. |
| Jeffrey J. Peterson 1948-2002 |
| Former Burke County State's Attornery Jeffrey J. Peterson, 54, died Nov. 2. The 1975 U.N.D. Law School graduate had practiced at Bowbells prior to moving to Marshall, Minn. Obituary Jeffrey J. Peterson lawyer record |
| U.S. Supreme Court Nov. 4 arguments |
| The United States Supreme Court hears arguments Monday in a case involving highway safety information and a double jeopardy case. Pierce County, Wash. v. Guilllen Sattazahn v. Pennsylvania |
| U.S. Supreme Court Nov. 5 arguments |
| The United States Supreme Court hears arguments Tuesday in a "three strikes" sentencing case. Lockyer v. Andrade |
| U.S. Supreme Court Nov. 6 arguments |
| The United States Supreme Court hears arguments Wednesday in an asbestos damages case and a habeas corpus case. Norfolk & Western Railway Co. v. Ayers Abdur'rahman v. Bell |
| Justices choosing their cases carefully |
| Washington Post: "Never exactly casual about deciding which cases it will agree to hear from the thousands of petitions that come its way, the Supreme Court this term has seemed bent on setting new records for selectivity." |
| Cherry Johnson Giese 1914-2002 |
| Cherry Johnson Giese, 88, widow of District Judge Emil Giese, died Oct. 17, at Green Valley, Ariz. She and Judge Giese had lived at Carson and Hettinger. Obituary |
| Study: More Indians incarcerated in S.D. |
| Aberdeen American News/AP: "South Dakota has a higher percentage of American Indian males behind bars than any other state in the region." |
| States' listings of sex offenders raise a tangle of legal issues |
| New York Times: "After a paroled sex offender whose neighbors knew nothing of his violent past raped and murdered a 7-year-old girl who lived across the street in New Jersey, the State Legislature came up with what looked like a straightforward way to protect communities from similar danger: Require sex offenders to make their whereabouts known, and find a way to get that information to the public." |
| Northwest indigent defense contracts |
| The Northwest Judicial District has set a November 15 deadline for its indigent defense contracts. Northwest Judicial District Contact: Wally Kowitz |
| November 3, 2002 |
| Appellate practice tip of the week |
| Notice of appeal in a post-conviction proceeding must be filed within 60 days of service of notice of entry of judgment. If notice of entry is not served, the 60-day appeal period is not triggered. See N.D.R.App.P. 4(d) Other appellate practice tips |
| November 2, 2002 |
| 8th Circuit decides North Dakota case |
| The U.S. Court of Appeals for the Eighth Circuit Court has affirmed a drug sentence following a plea agreement. United States v. Preciado (pdf file) |
| November 1, 2002 |
| Cass County prosecutor makes career change |
| Fargo Forum: "Jennifer Thompson is making a career change after nearly five years as a Cass County prosecutor. Thompson, 30, is taking a job with the Dakota Medical Foundation as director of development." |
| Mont. court rules suits OK in rights cases |
| Billings Gazette/AP: "The Montana Supreme Court said Thursday that Montanans who believe their constitutional rights have been violated can file lawsuits seeking monetary damages." Dorwart v. Caraway |
| Courting the vote 2002 |
| Law.com: "With Election Day just around the corner, The National Law Journal checks in with judicial races nationwide and finds that while the level of vitriol has decreased since the combative races of 2000 (with a few notable exceptions), the spending has remained high." |
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