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Wednesday, January 25, 2017
Today at the Court
9:30am Denault v. State
1:30pm Gagnon v. Gagnon
2:45pm Judicial Conduct Commission v. Hagar
Waived State v. Gibson
New Order Jan. 18
The Supreme Court posted a new order on Jan. 18.
February Term of Court
North Dakota Supreme Court
The February term of court has been posted, including issues and briefs.
Appellate practice tip of the week
Proofread. Then proofread again.
  • Other appellate practice tips
    • North Dakota Law Review seeking submissions
    North Dakota Law Review The Board of Editors of the North Dakota Law Review would like to extend an invitation for submissions of any written work for an upcoming edition of the publication.
    North Dakota attorney general provides online info for Marsy's Law
    N.D. Attorney General Wayne Stenehjem Grand Forks Herald: "North Dakota residents will have a centralized place to get up to speed on Marsy's Law. Attorney General Wayne Stenehjem announced Friday that information about the law is posted at www.attorneygeneral.nd.gov."
  • Marsy's Law Webpage
    • U.S.: Legal battle over overseas Microsoft data could be headed for Supreme Court
    Politico: "A federal appeals court is letting stand a ruling in a closely-watched case holding that Microsoft need not comply with a U.S. government demand for data stored overseas."
  • Opinion Text: Microsoft Corp. v. United States
    • Minn.: Appeals Court upholds state control of people's 'missing money'
    Minnesota Great Seal MPR News: "The Minnesota Court of Appeals [Jan. 23] overturned a lower court ruling that refused to dismiss a class action lawsuit that contends Minnesota's unclaimed property law is an illegal seizure under the Constitution."
  • Opinion Text: Hall v. State
    • South Dakota museum awarded ownership of Presley guitar
    Bellingham Herald: "A federal judge ruled Monday that a South Dakota museum is the legal owner of a guitar played by Elvis Presley. The Martin D-35 guitar has been on display at the National Music Museum in Vermillion since 2013."
    Job Announcement
    A job announcement for a prosecutor to provide assistance to Morton County in the Dakota Access Pipeline protest cases has been posted.
    North Dakota
    Two finalists named for Northwest judge vacancy
    NWJD Vacancy Finalists Benjamen J. Johnson of Tioga and Deanna F. Longtin of Williston have been named by the Judicial Nominating Committee as finalists to fill the Northwest Judicial District vacancy created by the resignation of District Judge David Nelson.
    The Third Branch: This Week on the Hill
    North Dakota Capitol For Jan. 23-27, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted.
  • 65th Legislative Assembly
    • ECJD, SEJD host Bill of Rights exhibit
    The East Central and Southeast Judicial District Courts are hosting a new traveling pop-up exhibition from the National Archives, The Bill of Rights and You, commemorating the 225th anniversary of the ratification of this landmark document.
    Joint Procedure Committee Jan. 26-27 agenda
    The agenda for the Jan. 26-27 meeting of the Joint Procedure Committee and the committee's Sept. 29-30, 2016, minutes have been posted. The committee continues to seek comment on proposed amendments to N.D.R.Civ.P. 26 related to expert disclosures and reports.
  • Request for comment on proposed discovery rule change
    • Court amends rules of procedure effective March 1
    The Supreme Court has adopted amendments to the N.D. Rules of Civil Procedure, Criminal Procedure, Juvenile Procedure, Appellate Rules, Rules of Court and Administrative Rules effective March 1.
  • Synopsis of Amendments as Adopted
    • Court adopts amendments to lawyer discipline rules
    The Supreme Court has adopted amendments to the Rules for Lawyer Discipline. The amendments take effect March 1.
    Federal
    U.S.: High court won't hear 'Sister Wives' appeal over bigamy law
    United States Supreme Court building Associated Press: "The Supreme Court said Monday it won't hear an appeal from the family on TV's 'Sister Wives' challenging Utah's law banning polygamy."
  • AP: Supreme Court rejects Texas appeal over voter ID law
    • Minnesota
    South Dakota
    SD Chief Justice wants changes in mental health evaluations
    Siouxland Public Media: "State Supreme Court Justice David Gilbertson is asking the legislature to expand the definition of a mental health professional so people wouldn't have to wait months for an evaluation."
    Other States and Jurisdictions
    Job Announcements
    Job Announcement
    A job announcement for a Law Clerk with the District Court in the Northeast Judicial District has been posted.
    Job Announcement
    A job announcement for a Legal Secretary with the Stark County State's Attorney's Office in Dickinson has been posted.
    Job Announcement
    A job announcement for a Temporary Law Clerk with the Burleigh County State's Attorney Office in Bismarck has been posted.
    Job Announcement
    A job announcement for a DUI Court Coordinator with the Richland County State's Attorney Office in Wahpeton has been posted.
    Job Announcement
    A job announcement for a DUI Court Surveillance Officer with the Richland County State's Attorney Office in Wahpeton has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for McKenzie County in Watford City has been posted.
    Job Announcement
    A job announcement for an Indigent Defense Contractor with the North Dakota Commission on Legal Counsel for Indigents in Williston has been posted.

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