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North Dakota Supreme Court News
News from the North Dakota Supreme Court

S.D. report: Probation reform preserves safety, saves money
Fri, 6 May 2016 09:18:49 CDT
S.D. Public Broadcasting: "A new study shows judicial reforms saved South Dakota $34 million in the first two years. Sweeping changes in mid-2013 included presumptive probation. That means judges sentencing people for low-level felonies keep offenders in communities instead of sending them to prison."

Montana high court upholds award over mortgage foreclosure
Fri, 6 May 2016 10:23:43 CDT
Billings Gazette/AP: "The Montana Supreme Court has upheld $426,000 in damages and attorney's fees awarded to a couple who sued a loan servicing company alleging it violated federal and state laws in repeatedly trying to foreclose on their house."
- Opinion Text: Jacobson v. Bayview Loan Servicing

Nation: Employment data for 2015 law school grads is concerning, some law profs say
Fri, 6 May 2016 07:54:05 CDT
ABA Journal: "Out of everyone who graduated from ABA-accredited law schools in 2015, 70 percent have full-time, long-term employment in positions that require or prefer a JD, according to data released Tuesday by the ABA's Section on Legal Education and Admissions to the Bar."
- New York Times: Law school's acceptance of GRE test scores provokes tussle

Francis Breidenbach 1930-2016
Thu, 5 May 2016 15:29:59 CDT
Former N.D. lawyer and UND Athletic Hall of Fame member Francis Breidenbach, 85, died Jan. 7. The UND Law School grad practiced in Bismarck and Los Angeles.
- Francis Breidenbach lawyer record

Court approves amendments to judicial improvement program rule
Thu, 5 May 2016 13:03:38 CDT
The Supreme Court has approved amendments to N.D. Sup. Ct. Admin. Rule 48, which governs a program to promote the self-improvement of judicial officers. The amendments are aimed at improving surveys conducted under the rule. They take effect June 1.

U.S.: Justice Stevens on Thomas Jefferson, guns, and Justice Scalia
Thu, 5 May 2016 13:43:55 CDT
Wall Street Journal: "During 28 years together on the Supreme Court, Justices John Paul Stevens and Antonin Scalia sometimes could barely contain their disagreements over the Constitution's meaning and the proper way to ascertain it, packing their opinions with volleys of footnotes taking each other's views to task."

Minnesota drug reform to lessen jail time for dealers
Thu, 5 May 2016 09:25:59 CDT
WDAZ News: "With prisons across the country overflowing, some say we need to reassess our drug laws. Minnesota is taking the initiative with sweeping drug reform. Minnesota is looking at lowering some of the punishments for drug dealers to free up space in prisons, but that's been a point of contention for many."

S.D.: Belle Fourche man conviction, sentence upheld in sex trafficking case
Thu, 5 May 2016 09:24:43 CDT
Black Hills Fox News/AP: "U.S. Attorney Randolph Seiler says the Eighth Circuit Court of Appeals has upheld the conviction and sentence of a Belle Fourche man in a federal commercial sex trafficking case. Thirty-three-year-old Jerry Lane Golliher was convicted in October 2014 of federal commercial sex trafficking."
- Opinion Text: United States v. Golliher

Joint Procedure Committee May 12-13 agenda
Wed, 4 May 2016 10:20:53 CDT
The agenda for the May 12-13 meeting of the Joint Procedure Committee and the committee's Jan. 28-29 minutes have been posted.

N.D. Attorney General opinion: May 4
Wed, 4 May 2016 09:40:00 CDT
Attorney General Wayne Stenehjem has issued an opinion that public employees must balance work responsibilities with responding to record requests and when the University Systems received a request for records that necessitated a search of email folders accessible only to certain individuals the amount of time it took to respond to the request was reasonable.

8th Circuit decides N.D. case
Wed, 4 May 2016 10:52:05 CDT
The United States Court of Appeals for the Eighth Circuit has affirmed the conviction and sentence in a North Dakota crop insurance fraud case.
- United States v. Johnson

Minn.: Court officials thank jurors, warn of scams
Wed, 4 May 2016 13:52:02 CDT
Owatonna People's Press: "State judicial officials are thanking Minnesotans for their service on juries -- and warning them to beware of jury duty scams. Minnesota Supreme Court Chief Justice Lorie S. Gildea has declared May 2 to 6 as Juror Appreciation Week to express thanks to Minnesotans for their jury service."
- Minnesota Judicial Branch News Release

Florida's high court urged to throw out death sentences
Wed, 4 May 2016 08:29:06 CDT
ABC News/AP: "With the fate of hundreds of Florida death row inmates in limbo, a group of former top judges and legal officials called on the state Supreme Court to impose life sentences on nearly 400 people now awaiting execution."

Court e-filing systems to be down May 7
Tue, 3 May 2016 10:43:48 CDT
The North Dakota Court's File and Serve system and Odyssey Court Case Management system will be unavailable on Saturday, May 7, from 8 a.m. CST to 6 p.m. CST while equipment upgrades are being completed.

Design contract awarded for converting existing Burleigh jail/courthouse
Tue, 3 May 2016 08:41:26 CDT
Bismarck Tribune: "A redesign contract to remodel the Burleigh County Jail and Courthouse at 514 E. Thayer Ave. was awarded to Ubl Design Monday for $38,920 by the Burleigh County Commission. The firm will complete a space assessment needs study, plan a project budget and early design concepts for the renovation after inmates are moved to a a new combined county jail."

North Dakota News
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AG Week

Appeals court upholds conviction in North Dakota spud scam
Bismarck Tribune
Appeals court upholds conviction in North Dakota spud scam. 27 min ago. FARGO, N.D. (AP) — An appeals court has upheld the conviction and sentence of a North Dakota farmer who was found guilty of intentionally destroying potatoes to collect federal ...
Appeals court upholds Northwood man's conviction of crop insurance fraudAG Week
Conviction in ND man's crop insurance fraud case upheld by appeals courtINFORUM

all 5 news articles »

Grand Forks Herald

Child abuse, neglect cases continue to rise in North Dakota, annual court report says
Grand Forks Herald
The juvenile court system is just one of the parts of the state system highlighted in the report, ranging from the North Dakota Supreme Court to municipal courts. In 2015, the state Supreme Court saw a decrease in case filings. "Following a record ...

Bismarck Tribune

North Dakota DUI case headed to U.S. Supreme Court
Bismarck Tribune
Lawyers will make oral arguments in Washington, D.C., this morning in Birchfield v. North Dakota, a consolidated North Dakota and Minnesota case challenging laws that criminalize refusal to take a chemical test. The court's decision could affect North ...
North Dakota, Minnesota drunk driving cases head to U.S. Supreme CourtGrand Forks Herald
Port: Attorneys for North Dakota and Minnesota bombed before the Supreme CourtINFORUM
High court expresses doubts about drunken driving laws in Minnesota, North Dakota, other statesCrookston Daily Times
Slate Magazine -Huffington Post -USA TODAY
all 78 news articles »

Minneapolis Star Tribune

Judge grants new lawyers in North Dakota death penalty case
Minneapolis Star Tribune
FARGO, N.D. — A federal judge says a new legal team he approved for a man who killed a University of North Dakota student in Minnesota is needed to cut down on expenses for the defendant's appeal of his death sentence. Lawyers for Alfonso Rodriguez ...
Rodriguez will get new lawyers, judge rulesThe Dickinson Press

all 6 news articles »

Ethics group: It's OK for judge candidates to use Facebook
Bismarck Tribune
FARGO, N.D. (AP) — A North Dakota judicial ethics advisory committee says it's OK for judge candidates to use Facebook and other social media in their campaigns, as long as they don't ask for money. The chairman of the advisory committee, retired ...

and more »

Slate Magazine (blog)

North Dakota Loses Abortion Case, Must Pay $245000 to Abortion Rights Group
Slate Magazine (blog)
But a win is a win, and having lost a constitutional case in court, North Dakota is now required to pay the attorneys' fees of the law's triumphant challenger. On Thursday, the state and Red River agreed on a settlement of $245,000, which will go to ...

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North Dakota Forced to Pay Abortion Clinic $245000 After Heartbeat Abortion Ban Loses in Court
The “heartbeat bill” banned abortions when a fetal heartbeat can be detected, at about six weeks of pregnancy. After the challenge by the clinic, a federal judge in Bismarck blocked its implementation. The U.S. Supreme Court in January refused to ...
APNewsBreak: North Dakota to pay abortion clinic $245KMinneapolis Star Tribune
North Dakota to pay abortion clinic $245KDaily Mail

all 12 news articles »

Grand Forks Herald

North Dakota Historical Society hires attorneys to fight $1.5 million lawsuit over Heritage Center
Grand Forks Herald
BISMARCK – The State Historical Board is hiring outside attorneys to fight a lawsuit filed by a Wahpeton contractor who claims the state improperly withheld payments for work done on the $51.7 million expansion of the North Dakota Heritage Center ...
Museum contractor sues North Dakota Historical SocietyWashington Times

all 7 news articles »

North Dakota city prepares to file lawsuit against biodegradable products company
Prairie Business
DEVILS LAKE, N.D. -- The city of Devils Lake is preparing for possible legal action against a food container production company in an effort to recover a $2 million economic development investment. Ultra Green, a Twin Cities, Minn., company that ...

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North Dakota Lawyer Was Not Licensed To Appear In Crash Case
A Roberts County judge has issued a default judgment in a wrongful death lawsuit after finding that the defendant's North Dakota-based attorney was not properly licensed to practice law in South Dakota. Circuit Judge Jon Flemmer's ruling allows Teresa ...

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