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| November 30, 2005 |
| Job Announcement |
| A job announcement for a Deputy Clerk of District Court I in Grafton, North Dakota, has been posted. |
| Juvenile programs tailored to needs |
| Rapid City Journal: "On a quiet Saturday afternoon at the Western South Dakota Juvenile Services Center, four boys dressed in gray shirts and pants were shooting hoops in the maximum security section's gym. On the wall, a massive barred window was closed off, but on nice days, it can be opened so the inmates have fresh air and sunshine." Aberdeen American News: Decrease seen in Teen Court cases |
| For fence-fighting neighbors of prison, hedge is security enough |
| G.F. Herald/AP: "Dave and Joan Hart live across a 3-foot hedge from 79 murderers, 15 robbers, eight burglars and five arsonists. And they like their neighborhood just the way it is, thank you very much." |
| Taking combat out of custody |
| Law.com: "Divorce lawyers tangled in messy custody disputes should refrain from smashing the other side to bits." |
| November 29, 2005 |
| New Opinions: Nov. 29 |
| The Supreme Court posted 11 new opinions on Nov. 29. |
| U.S. Supreme Court Nov. 29 opinion |
| The United States Supreme Court has issued an opinion in a federal jurisdiction case. Law.com/AP: High court sides with landlord in toxic mold lawsuit |
| State to dig into 'cold' cases |
| Bismarck Tribune/AP: "A newly formed team of state investigators will look into old, unsolved homicide and missing-person cases, with hopes that new witness interviews and technology will generate fresh leads." North Dakota Attorney General News Release |
| Teamwork key in juvenile-justice system |
| Rapid City Journal: "Professionals who work with children in trouble use a community-based approach to find the least restrictive and most effective treatment of problems as they arise. The goal at every level, these professionals say, is to treat the troubled child's problems in the community." |
| Judge in Indian case holds little back |
| S.F. Chronicle/AP: "U.S. District Judge Royce Lamberth may have long ago chosen to work in straight-laced Washington, but he radiates his love for his home state of Texas." |
| High court to revisit state abortion laws |
| S.F. Chronicle: "The first abortion case to come before the U.S. Supreme Court under Chief Justice John Roberts will test whether the justices are willing to give states nearly unlimited power to regulate and restrict the operation." |
| O'Connor fires back on judicial independence |
| Law.com: "Supreme Court Justice Sandra Day O'Connor is not moving quietly toward retirement." |
| November 28, 2005 |
| U.S. Supreme Court Nov. 28 opinion |
| The United States Supreme Court has issued a unanimous per curiam summary reversal in a death penalty case. Sioux Falls Argus Leader/AP: Minn. man's father faces setback in death row case |
| 8th Circuit upholds decision in abortion case |
| The United States Court of Appeals for the Eighth Circuit has affirmed a federal district court's grant of summary judgment holding unconstitutional Missouri's ban on "partial-birth" abortion. Reproductive Health v. Nixon |
| University of North Dakota student president proposes legal aid |
| G.F. Herald/AP: "The University of North Dakota's student body president is proposing to set up legal aid for students." |
| 'CSI effect' leaves fingerprint on Twin Cities courtrooms |
| Minneapolis Star Tribune: "Dakota County authorities thought their felony case against a driver charged with criminal vehicular operation was solid. But jurors knocked it down to a misdemeanor, convicting the defendant of reckless driving instead." |
| Newest justice hopes to take top post |
| St. Paul Pioneer Press: "If history is any guide, a current member of the Minnesota Supreme Court is the odds-on favorite to replace departing Chief Justice Kathleen Blatz." |
| State shifts gears on juvenile justice |
| Rapid City Journal: "The name Gina Score needs no further introduction for most South Dakotans. When Score died at age 14 in a state-run boot camp in Plankinton in July 1999, our state's treatment of juveniles underwent stern inspection under a national microscope." |
| A young judge tests China's legal system |
| International Herald Tribune: "Judge Li Huijuan happened to be in the courthouse file room when clerks, acting on urgent orders, began searching for a ruling on a mundane case about seed prices. 'I handled that case,' Li told the clerks, surprised that anyone would be interested." |
| U.S. Supreme Court Nov. 30 arguments |
| Wednesday, the United States Supreme will hear arguments in an abortion parental notification case and an abortion protest case. Scheidler v. National Organization for Women |
| Appellate practice tip of the week |
| Be a resource to the Court to help it understand the law and the facts. Other appellate practice tips |
| November 27, 2005 |
| U.S. Supreme Court Nov. 29 arguments |
| Tuesday, the United States Supreme will hear arguments in an arbitration case and an antitrust case. Illinois Tool Works Inc. v. Independent Ink, Inc. |
| November 26, 2005 |
| U.S. Supreme Court Nov. 28 arguments |
 Monday, the United States Supreme will hear arguments in a branch banking case and a Federal Tort Claims Act case. Will v. Hallock |
| November 24, 2005 |
| Freed by DNA, now charged in new crime |
| New York Times: "As three men sat nervously on a stage, preparing to recount their nightmarish journeys through a justice system that had sent them away for crimes they had not committed, the moderator had a plea for the crowd in an auditorium here." |
| Veteran burglar loses appeal |
| Sioux Falls Argus Leader/AP: "A Sioux Falls man's constitutional rights were not violated when he was busted for drugs while on parole, the state Supreme Court decided in a unanimous ruling issued Wednesday." State v. Kottman |
| November 23, 2005 |
| Congress moves to limit prisoner habeas |
| Law.com: "Congress moved on several fronts last week to impose sweeping limits on the ability of prisoners to challenge the legality of their convictions and sentences in federal court." |
| Kerry wins election... as jury foreman |
| CNN.com/AP: "Sen. John Kerry's public profile and prosecutorial past didn't spare him from performing that most mundane of civic responsibilities -- jury duty." |
| November 22, 2005 |
| Judiciary Standards Committee Nov. 22 agenda |
| The agenda for the Nov. 22 meeting of the Judiciary Standards Committee has been posted. |
| W.R. Grace lawyers want trial moved |
| Missoulian: "Six years of inflammatory press coverage - including 1,900 print articles, two books and two film documentaries - have biased potential jurors in the criminal case against W.R. Grace and Co., according to court documents filed by the company's lawyers, who argue that the trial should be moved out of Montana." United States v. W.R. Grace Case File |
| N.D. Attorney General Nov. 22 opinion |
| The North Dakota Attorney General has issued an open meetings opinion involving the Supreme Court's Gender Fairness Implementation Committee. A.G. Opinion 2005-O-19 |
| Job Announcement |
| The Commission on Legal Counsel for Indigents is seeking a contract counsel in the East Central Judicial District. Applicants must be licensed to practice law in North Dakota. |
| Plan for temporary courthouse dropped |
| Billings Gazette: "The city of Billings and the federal General Services Administration are abandoning a plan to build temporary space for federal courts near Parmly Billings Library." |
| Crime follows as meth takes hold in Twin Cities |
| Minneapolis Star Tribune: "Once thought to be mostly a rural problem, methamphetamine is steadily spreading into suburban and urban reaches of the Twin Cities, where it is attracting rising numbers of teenage users and spawning crimes and other violence in its wake." |
| November 21, 2005 |
| Appellate practice tip of the week |
| Acknowledge obvious weaknesses in your case and explain why you should win anyway. Other appellate practice tips |
| Work on regional jail ahead of schedule |
| G.F. Herald/AP: "Construction of a $7.6 million regional correction center here is ahead of schedule and the facility could open in late summer next year." |
| Indians seek land resolution |
| Sioux Falls Argus Leader/AP: "The Zephier clan owns more than 3,000 acres of grazing and cropland between them. But Sherwyn Zephier and his siblings have little to show for it." Missoulian: Interior Secretary pleased with order requiring government to square Native accounts |
| Landmark Nazi trial is remembered |
| S.F. Chronicle/AP: "American prosecutor Whitney R. Harris gazed at the top Nazis in front of him - men like Hermann Goering, Rudolf Hess, Julius Streicher - as their war crimes trial opened 60 years ago and immediately knew his mission." |
| After eminent domain win, project goes nowhere |
| New York Times: "They have still not moved out. Not Susette Kelo. Not the Derys. Not Byron Athenian or Bill Von Winkle or the others." |
| High court recusals: No rules, but plenty of controversy |
| Law.com: "At a conference on the worldwide rule of law on Nov. 10, Supreme Court Justice Sandra Day O'Connor was asked how judicial ethics rules can build public confidence in the judiciary." |
| 5th Circuit headed back to New Orleans |
| Houston Chronicle: "The 5th U.S. Circuit Court of Appeals is abandoning its temporary Houston quarters and heading back home to New Orleans, now that a measure of order has been restored after Hurricane Katrina's devastation." |
| Electronic case filing in federal courts reaches milestone |
| U.S. Courts News Release: "The world's most comprehensive court electronic case filing system turns 10 years old this month, after processing more than 24 million federal court cases and serving hundreds of thousands of attorneys and litigants." |
| $33 million courthouse renovation begins in St. Paul |
| Minneapolis Star Tribune: "With a suspended sledgehammer ceremonially busting a granite panel Monday, officials signaled the start of a two-year, $33 million renovation of the federal courthouse in downtown St. Paul." |
| November 19, 2005 |
| Supreme Court arguments available to media |
| Centre Daily Times/AP: "The Supreme Court will release audio tapes immediately after argument sessions in upcoming cases involving abortion rights and a protest of the Pentagon's "don't ask, don't tell" policy for gays." |
| A modest servant of law and life |
| Washington Post: "William B. Bryant was once told by his grandfather that he would 'have to work twice as hard to go half as far as a white person.' Following that advice, Bryant became the first African American prosecutor permitted to try cases in Washington's federal courthouse . . . ." |
| November 18, 2005 |
| Federal courts seek congressional action on 68 new judgeships |
| U.S. Courts News Release: "The federal courts, coping with caseloads that 'increased fairly relentlessly' over the last 15 years, need 68 new judgeships so they can continue serving justice properly, a federal judge has told Congress." |
| High court rules for Vikings in Stringer widow's lawsuit |
 Sioux Falls Argus Leader/AP: "The widow of lineman Korey Stringer hit the final roadblock Thursday in her legal battle to hold the Minnesota Vikings accountable for his death in training camp four years ago." Stringer v. Minnesota Vikings Football Club |
| Justices OK testimony against metro doctor |
| Minneapolis Star Tribune: "Dr. James McLeod, a St. Louis Park pediatrician, might face two accusers instead of one at his upcoming trial on charges of criminal sexual conduct." State v. McLeod |
| U.S. court raises bar for police to tow car |
| S.F. Chronicle: "Police have no constitutional authority to tow a car that has been involved in a traffic violation but is not blocking traffic or creating a hazard, a federal appeals court ruled Thursday." Miranda v. City of Cornelius |
| Fla. Supreme Court muzzles 'pit bull' ad |
| Associated Press: "The Florida Supreme Court muzzled a pair of 'pit bull' lawyers Thursday. The seven justices unanimously decided that a TV commercial featuring a pit bull in a spiked collar and the telephone number PIT-BULL demeans the legal profession and misleads the public." Florida Bar v. Pape |
| Lawyers overpaid in S.D. case |
| Rapid City Journal/AP: "Legal fees for attorneys who handled antitrust lawsuits against Microsoft must be recalculated because the fees awarded by a circuit judge were too high, the South Dakota Supreme Court ruled Thursday." In re: S.D. Microsoft Antitrust Litigation |
| Re-arrest unusual for Innocence Project |
| Duluth News Tribune/AP: "Christopher Ochoa and Steven Avery lived the same nightmare. Both spent years in prison for crimes they didn't commit, and both walked out free men after DNA tests exonerated them, thanks to work by the Wisconsin Innocence Project." |
| December Term of Court |
 The December term of court has been posted, including issues and briefs. |
| Job Announcement |
| A job announcement for Deputy Director of the Commission on Legal Counsel for Indigents has been posted. Applicants must be licensed to practice law in North Dakota. |
| Court retains judgeship at Bottineau |
| The Supreme Court has determined that the judgeship at Bottineau should be retained. Gov. John Hoeven will appoint to fill the vacancy created by the year-end retirement of District Judge Lester Ketterling. Judge Lester Ketterling biography |
| November 17, 2005 |
| Judicial Conference Nov. 21-22 agenda |
| The agenda for the Nov. 21-22 meeting of the Judical Conference, and the Conference's June 16 minutes, have been posted Judicial Conference June 16 minutes |
| New Opinion: Nov. 17 |
| The Supreme Court posted a new opinion on Nov. 17. |
| 8th Circuit decides N.D. case |
 In a per curiam decision, the United States Court of Appeals for the Eighth Circuit has affirmed a North Dakota criminal sentence. United States v. Mancias |
| Stopping the cycle of crime |
| Bismarck Tribune: "Crime is a cycle. Burleigh County Sheriff Steve Berg said it is not uncommon for the children of people who have gone through the legal system to be arrested." |
| Deadwood judge appointed to Fourth Circuit |
| Sioux Falls Argus Leader: "Gov. Mike Rounds appointed Magistrate Judge Randall L. Macy of Deadwood to the Fourth Circuit Court Judgeship, the governor's office announced [Wednesday] morning." S.D. Office of the Governor News Release |
| Panel resumes constitutional review |
| Sioux Falls Argus Leader/AP: "A proposal allowing South Dakota legislators to double their salaries was first endorsed Wednesday by the Constitutional Revision Commission and then later reversed when the panel decided the issue needs more study." |
| With DOJ shift, fight over splitting 9th Circuit heats up |
| Law.com: "With the latest proposal to split the 9th Circuit working its way through Congress, opponents in the ever-rancorous debate have begun pulling out the big guns." |
| High court may review judicial elections |
| Law.com: "The Supreme Court has been asked again to decide the murky issue of what judicial candidates can and can't do in election campaigns." |
| Court sets hearing on attorney conduct rule changes |
| The North Dakota Supreme Court has issued a Notice of Comment and Hearing regarding proposed amendments to the North Dakota Rules of Professional Conduct. The hearing is set for Feb. 2, 2006. Proposed Amendments to the North Dakota Rules of Professional Conduct |
| November 16, 2005 |
| 8th Circuit decides N.D. case |
| The United States Court of Appeals for the Eighth Circuit has affirmed in part and remanded in part a North Dakota case involving a former state's attorney. Myers v. Richland County |
| Mission: New jail for Williams County |
| Williston Herald: "Getting a new jail built for Williams County has become a mission for Sheriff Scott Busching. It isn't about leaving a legacy. It's about doing his job." |
| Appeals court: Indian money accounting would be impossible |
| G.F. Herald/AP: "A federal appeals court decided Tuesday that it was unreasonable to require a historical accounting of money the government has been managing for Indian tribes, saying the bookkeeping chore would 'take 200 years.'" Cobell v. Norton |
| Court grants disability to depressed deputy |
| Duluth News Tribune/AP: "A Ramsey County sheriff's deputy who became severely depressed because of a hostile work environment is entitled to line-of-duty disability benefits, the state Court of Appeals ruled Tuesday, overturning a decision by the Public Employees Retirement Association." Application of Brittain |
| Judges: Man hurt after fleeing police cannot sue for damages |
| Aberdeen American News/AP: "A man injured when he fled a Cheyenne River Sioux Tribe police officer cannot sue the federal government for damages, an appeals court ruled Tuesday." Good Low v. United States |
| Court tells man he can't sue refinery |
| Billings Gazette/AP: "The state Supreme Court rebuffed an attempt by man who received a nearly $2 million workers' compensation claim to sue his former employer, who he believed turned him in for fraud in a related case." Sherner v. Nat'l Loss Control Serv. Corp. |
| Yet another step backwards |
 This website has taken yet another step backwards . . . in time. Opinions on the site now go back to the beginning of 1970. There are now approximately 7,200 opinions on the website, covering nearly thirty-six years of Supreme Court and Court of Appeals decisions. |
| November 15, 2005 |
| County looks at sales tax to fund new jail |
| Williston Herald: "With a vote affirming commitment to build a new Williams County Correctional Center and Law Enforcement Center last week, the county board of commissioners now look to the voters for funding approval of the $14 million project." |
| AG defends job done by state's U.S. attorney |
| Billings Gazette/AP: "U.S. Attorney General Alberto Gonzales has rejected a call by Montana's chief federal judge to replace Bill Mercer as Montana's U.S. attorney for allegedly violating a residency law and neglecting his work here while also holding a temporary Justice Department job in Washington, D.C." |
| Sealing divorce records for the sake of ... corporations |
| Law.com: "Divorce lawyers say corporations -- along with the rich and powerful -- are increasingly asking judges to seal the divorce records of top executives to protect trade secrets or crucial financial information from leaking out, or simply to avoid embarrassment." |
| Supreme Court lets stand law denying felons a vote |
| Billings Gazette/AP: "The Supreme Court refused Monday to review Florida's lifetime ban on voting rights for convicted felons, a case that would have had national implications for millions of would-be voters." |
| New Opinion: Nov. 15 |
| The Supreme Court posted a new opinion on Nov. 15. |
| November 14, 2005 |
| New Opinion: Nov. 14 |
| The Supreme Court posted a new opinion on Nov. 14. |
| U.S. Supreme Court Nov. 14 opinion |
| The United States Supreme Court has issued an opinion in a case involving education for students with disabilities. Schaffer v. Weast |
| Robin Huseby: From prosecution to defense |
 Valley City Times: "In her new role as executive director of the Commission on Legal Counsel for Indigents, former Barnes County state's attorney Robin Huseby finds herself sitting on the other side of the aisle." |
| County one step closer to new jail |
| Williston Herald: "The Williams County Commissioners took great strides Thursday toward building a new county jail, after months of discussion on the topic." |
| Gov. Rounds appoints First Circuit judge |
| S.D. Office of the Governor: "Gov. Mike Rounds has appointed Magistrate Judge Bruce Anderson of Wagner to the First Circuit Court Judgeship." |
| Thomas blasts confirmation process |
| The Crimson White: "Supreme Court Associate Justice Clarence Thomas criticized the confirmation process for new members of the court in a question-and-answer session at the UA School of Law on Friday." |
| Gov't: Executions, death sentences decline |
| Associated Press: "The ranks of people sentenced to death and the number executed declined in 2004 as the nation's death row population kept shrinking, the government reported Sunday." |
| Appellate practice tip of the week |
| Omitting key facts destroys your credibility when the other side points them out. Other appellate practice tips |
| November 11, 2005 |
| N.D. Attorney General Nov. 10 opinions |
| N.D. Attorney General Wayne Stenehjem issued an opinion concluding that a recent Grand Forks City Council meeting violated the state's open meeting laws and an opinion concluding that state law does not permit anyone except a licensed massage therapist to perform massages at a massage establishment or day spa. A.G. Opinion 2005-L-41 |
| S.D. court upholds convictions of man who fought with police |
| Sioux Falls Argus Leader/AP: "A Sioux Falls man who was shot and wounded after a fight with police officers has lost his bid to overturn his convictions for attempted murder, assault and other offenses." State v. Lewis |
| U.S. House backs bill to improve court protection |
| Reuters: "The U.S. House of Representatives approved a bill on Wednesday to increase penalties for crimes against judges, lawyers and other courthouse personnel and help state and local governments improve court security." |
| Key senators oppose House move to split 9th Circuit |
| S.F. Chronicle/AP: "The Republican chairman and the top Democrat on the Senate Judiciary Committee announced their opposition Wednesday to a House GOP move to fast-track a break-up of the 9th U.S. Circuit Court of Appeals." |
| November 10, 2005 |
| Job Announcement |
| A job announcement for a Deputy Clerk of District Court I in Fargo, North Dakota, has been posted. |
| N.D. Attorney General Nov. 9 opinion |
| The North Dakota Attorney General has issued an open meetings opinion involving the Cavalier County Weed Board. A.G. Opinion 2005-O-17 |
| Conrad against Alito filibuster |
 Bismarck Tribune/AP: "Sen. Kent Conrad, D-N.D., says he does not expect he will support a filibuster if Democrats attempt to block the nomination of Judge Samuel Alito to the Supreme Court." Aberdeen American News/AP: Thune believes Alito will be confirmed |
| Pawlenty looks to fill judgeships |
| Fargo Forum: "Gov. Tim Pawlenty is looking for attorneys to fill two northwest Minnesota judge vacancies." |
| Law puts big dent in meth lab numbers |
| Duluth News Tribune: "Four months after a new law limited the sales of decongestants that contain an ingredient for making illegal and highly addictive methamphetamine, law enforcement officials around the state are reporting a sharp decline in seizures of the makeshift labs that have plagued many counties." |
| Bill allowing cameras in Supreme Court gains momentum |
| Law.com: "Influential senators on Wednesday predicted passage soon of legislation that would open the doors of the Supreme Court to regular broadcast coverage of its proceedings." |
| Roberts court hears its first case in federalism debate |
| New York Times: "The latest constitutional clash between the federal government and the states took place on Wednesday in a Supreme Court argument on whether prison inmates can sue states for damages under the federal law that bars discrimination against people with disabilities." |
| November 9, 2005 |
| New Opinions: Nov. 9 |
| The Supreme Court posted 12 new opinions on Nov. 9. |
| 8th Circuit bankruptcy panel issues opinion in N.D. case |
| The United States Bankruptcy Appellate Panel for the Eighth Circuit has released an opinion reversing a North Dakota bankruptcy court order. PW Enterprises, Inc. v. Kaler |
| Stenehjem asking Supreme Court to hear Mo River appeal |
| Sioux Falls Argus Leader/AP: "North Dakota and South Dakota will ask the U.S. Supreme Court to consider whether maintaining the Missouri River's shipping channel is more important than fishing and recreation, Attorney General Wayne Stenehjem said." Missouri River litigation history |
| S.D. governor appoints new circuit judge |
| Aberdeen American News/AP: "The governor has appointed Magistrate Judge Bruce Anderson of Wagner as a circuit judge in the First Judicial Circuit in southeast South Dakota." |
| Supreme Court takes on case of drug search at disbarred lawyer's home |
| Law.com: "If Scott Fitz Randolph, in his career as a lawyer, ever dreamed of having a case before the U.S. Supreme Court, he could not have envisioned a day like Tuesday." |
| Advice to the Chief Justice: To you, I'm known as Nino |
| New York Times: "At the end of the first week of the Supreme Court's new term, the justices assembled to discuss the week's cases, and, following protocol, Chief Justice John G. Roberts Jr. stated his own views first. Then, in keeping with the court's tradition for the justices-only conference, the new chief called on the others, one by one." |
| Conrad meets with Alito |
| Fargo Forum: "Sen. Kent Conrad, D-N.D., has a private meeting with Supreme Court nominee Judge Samuel Alito this morning and Sen. Byron Dorgan, D-N.D., said he hopes to meet the judge in December." |
| Tension grows over genetic testing of employees |
| Law.com: "The rise of genetic testing has touched off a tense legal debate over when and if employers and insurance companies should be allowed access to employees' genetic data." |
| November 8, 2005 |
| U.S. Supreme Court Nov. 8 opinions |
| The United States Supreme Court issued opinions on Nov. 8 in a pay dispute case and in a government liability case. United States v. Olson |
| West Fargo Municipal Court indigent defense contract |
| West Fargo Municipal Court has set a Nov. 28 deadline for applications from attorneys to provide indigent defense services for the calendar year 2006. |
| Job Announcement |
| A job announcement for an Administrative Law Judge for the Office of Administrative Hearings has been posted. |
| A tale of disaster and two courts |
| Law.com: "Two months after Hurricane Katrina hit the Gulf Coast. the legal system remains a tale of two courts: Federal courts reopened last week while Louisiana state courts struggle with disarray." |
| U.S. Attorney collects $4 million in S.D. |
| Rapid City Journal/AP: "The U.S. Attorney's office in South Dakota collected $4 million in the past year in fines and restitution." |
| Petitions turned in for amendment to let people sue judges |
| Sioux Falls Argus Leader/AP: "A South Dakota businessman has turned in about 46,800 signatures supporting a ballot measure that would let people sue judges they believe have abused their authority." |
| November 7, 2005 |
| U.S. Supreme Court Nov. 9 arguments |
| Wednesday, the United States Supreme Court will hear arguments in a habeas corpus/death penalty case and an Americans with Disabilities Act case involving a state prisoner. United States v. Georgia |
| N.D. Attorney General Nov. 4 opinions |
| The North Dakota Attorney General has issued an opinion on auctioneer's licenses and an opinion on tax sales. A.G. Opinion 2005-L-39 |
| 8th Circuit bankruptcy panel issues opinion in N.D. case |
| The United States Bankruptcy Appellate Panel for the Eighth Circuit has released an opinion reversing a North Dakota bankruptcy court order. Hallmark v. Athens/Alpha Gas Corp. |
| High court to hear challenge to terror tribunals |
| Minneapolis Star Tribune/AP: "The Supreme Court agreed Monday to consider a challenge to the Bush administration's military tribunals for foreign terror suspects, a major test of the government's wartime powers and a case presenting the first conflict for new Chief Justice John Roberts." S.F. Chronicle/AP: Conflicts keep Roberts out of appeals |
| Barriers hinder police diversity: Challenges abound |
| Fargo Forum: "Twenty-five miles from Minneapolis, Scott Knight knows all about Fargo-Moorhead's struggle to build a more diverse police force." G.F. Herald/AP: Police departments struggle to offer diversity |
| Drug test backlog sparks partnership |
| St. Cloud Times: "Stearns County and the state Bureau of Criminal Apprehension's drug lab are partners in a pilot project aimed at reducing the time it takes to analyze suspected drugs." |
| A Halloween spooking at the Supreme Court |
| Law.com: "It was Halloween Day, and the Supreme Court was deep into a dense oral argument on the subject of state sovereignty and bankruptcy. Justice Ruth Bader Ginsburg was in the middle of asking a question. Suddenly a shot rang out -- or so it seemed." |
| Appellate practice tip of the week |
| You serve your client by maintaining your own credibility. Other appellate practice tips |
| Commission on Legal Counsel for Indigents Nov. 15 agenda |
| The agenda for the Nov. 15 meeting of the Commission on Legal Counsel for Indigents has been posted. |
| November 6, 2005 |
| U.S. Supreme Court Nov. 8 arguments |
| Tuesday, the United States Supreme Court will hear arguments in a warrantless search case and a diversity jurisdiction case. Martin v. Franklin Capital Corp. |
| November 5, 2005 |
| U.S. Supreme Court Nov. 7 argument |
| Monday, the United States Supreme Court will hear arguments in a tort claim case related to negligent delivery of mail. Dolan v. U.S. Postal Service |
| November 4, 2005 |
| Alito confirmation hearing to begin Jan. 9 |
| S.F. Chronicle/AP: "Senate confirmation hearings for Bush's Supreme Court nominee, Samuel Alito, are set to begin Jan. 9, with the intention of a final confirmation vote on Jan. 20." Samuel A. Alito's 1975 Yale Law Journal Note |
| Forum wins ruling on open records request |
| Fargo Forum: "An opinion by the Minnesota Department of Administration ruled Moorhead police unlawfully withheld public records after a request by The Forum newspaper." |
| S.D. Supreme Court says judge can interpret tax law |
| Aberdeen American News/AP: "A circuit judge has authority to interpret the state law that imposes an excise tax on vehicle sales without first having the state Revenue Department look at the issue, the South Dakota Supreme Court ruled Thursday." Nelson v. Viken |
| Judge had no authority to grant Meade County adoptions |
| Aberdeen American News/AP: "South Dakota judge mistakenly ended a Colorado father's parental rights and allowed his two children to be adopted by grandparents who live in Sturgis, the state Supreme Court ruled Thursday." Adoption of H.L.C. and B.A.C. |
| Courthouse shooter Berkovitz denied a new trial |
| Minneapolis Star Tribune: "Susan R. Berkovitz, who was convicted on two murder charges for killing her cousin and wounding an attorney at the Hennepin County Government Center in 2003, is not entitled to a new trial, the Minnesota Supreme Court ruled Thursday." State v. Berkovitz |
| Court won't hear anonymous sources case |
| S.F. Chronicle/AP: "A divided federal appeals court for a second time has rejected four journalists' appeal of a judge's order directing them to testify about their confidential sources as part of nuclear scientist Wen Ho Lee's lawsuit against the government." Order Denying Rehearing En Banc |
| For states, competing at high court means hiring private firms |
| Law.com: "Georgia is paying $80,000 to a lawyer at one of the nation's largest firms to handle the state's side in an upcoming U.S. Supreme Court case." |
| Job Announcement |
| A job announcement for a Hearing Officer for the North Dakota Department of Transportation has been posted. Applicants must be licensed to practice law in North Dakota. |
| November 3, 2005 |
| Minot officials want to start drug court |
| Fargo Forum/AP: "Northwest District Court officials here are applying for a federal grant to start a drug court." |
| Pawlenty hopes to fill Supreme Court opening in a month |
| G.F. Herald/AP: "Early December is Gov. Tim Pawlenty's target for naming a new chief justice for the Minnesota Supreme Court, he said Thursday." |
| Observers question court and media biases in Vang trial |
| Sioux Falls Argus Leader/AP: "A group that sent observers to the trial of a Hmong man convicted of killing six hunters in Wisconsin released a report Wednesday saying 'structural biases' in the court and media diminished the chances for justice in the case." |
| Court: Stolen cattle not covered by insurance |
| Aberdeen American News/AP: "A western South Dakota rancher's insurance policy did not cover his loss of cattle that disappeared from a commercial feedlot, a federal appeals court has ruled." O'Daniel v. NAU Country Ins. |
| Mont. high court orders new trial |
| Billings Gazette/AP: "The Supreme Court has ordered a new trial in the case of a Billings woman trying to collect on an insurance policy after her husband died." Williams v. Union Fidelity Life Ins. Co. |
| Latest plan to split 9th Circuit aims to sidestep debate |
| Law.com: "Their proposal to split the 9th U.S. Circuit Court of Appeals stalled in the U.S. Senate last year. So House Republicans have taken a new approach this year: Attach a split proposal to a provision for new judgeships and tuck it into a $35 billion spending-cut bill." |
| N.D. lawyer licenses expire Dec. 31 |
| The State Board of Law Examiners reminds lawyers that all licenses to practice law in North Dakota expire at the end of the calendar year. Lawyers should watch their mail for the 2006 billing and promptly pay the fee. |
| November 2, 2005 |
| The Supreme Court at Garrison: The Photos |
 The North Dakota Supreme Court traveled to Garrison Nov. 1 to visit with local students and community members and to hear oral arguments in State v. Raulston. Taking the Court to the Schools |
| S.D. senator meets with nominee |
| Aberdeen American News/AP: "South Dakota Sen. Tim Johnson talked to Supreme Court nominee Samuel Alito about ''a whole range of constitutional issues'' Tuesday, though he says it is too early to draw any conclusions about the veteran judge." |
| Court hears church demolition arguments |
| Rapid City Journal/AP: "An old Roman Catholic school listed for three decades on the National Register of Historic Places should not be torn down, a lawyer for a handful of Mitchell residents told the state Supreme Court on Tuesday." |
| November 1, 2005 |
| New member named to nominating committee |
| Robbie Quick, a Fargo Realtor and former Cass County Commissioner has been named to the Judicial Nominating Committee. Quick replaces Ben Clapp, whose term on the committee has expired. Quick was appointed by State Bar Association President Mike Williams. |
| Senators waiting and seeing about Alito |
| Bismarck Tribune/AP: "One North Dakota senator is disappointed the White House failed to consult with Democrats before nominating appeals court Judge Samuel Alito to the Supreme Court." Sioux Falls Argus Leader: S.D. senators say hearings may take time |
| Alito is seen as a methodical jurist with a clear record |
| New York Times: "One weekend in 1986, two young lawyers working for Samuel A. Alito Jr., then a deputy assistant attorney general in the Justice Department, faced a looming deadline for a legal analysis and realized they would have to work all night to get it done." Law Library of Congress Samuel A. Alito Nomination Collection |
| On docket: religious freedom vs. drug laws |
| Christian Science Monitor: "In a case with potential important significance for minority religious groups in America, the US Supreme Court this week takes up a clash between the nation's drug laws and a statute protecting religious liberty." |
| Web ad for toy robot sparks federal lawsuit |
| G.F. Herald/AP: "There's a big fight brewing in federal court here over a little robot." |
| GOP lawmakers tell court old wounds heal slowly |
| Great Falls Tribune/AP: "A very rare gathering of leaders from each branch of government got off to a candid start Monday, with Republicans telling the state's Supreme Court chief justice that old wounds over redistricting and other issues make it hard for them to trust the court." |
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