Tag Archives: north dakota supreme court

North Dakota Courts Take Down Expanded Records System

North Dakota Courts Take Down Expanded Records System

Our state Supreme Court justices, who are elected officials and in charge of administering the court system, owe us an explanation for how this happened, what they’re going to do to help people potentially harmed by these actions, and how they’re going to prevent something like this from happening again. Continue reading…

Lots of Eggs for Lots of Faces as Lawmakers Say They’ll Abandon Attacks on State Auditor’s Powers

Earlier this week state Attorney General Wayne Stenehjem issued an opinion stating that legislation passed earlier this year to limit the powers of the state Auditor would likely be found to be unconstitutional if it were challenged in court. Now at least one legislative leader – Senate Majority Leader Rich Wardner, a Republican from Dickinson

North Dakota Supreme Court Overturns Drug Charges Because Driver Was Playing Music on His Phone Not Texting

In the State of North Dakota it is illegal to communicate via text (including things like emailing, texting, tweeting, etc.) while driving. Here’s the actual law, section 39-08-23 of the North Dakota Century Code: The law does ban any use of an electronic device by minors under the age of 18 (that’s section 39-08-24 of the code),

North Dakota Supreme Court Begins Cleaning up the Marsy’s Law Mess

Marsy’s Law is terrible public policy. “[A] hobby farm for an eccentric California billionaire,” as former state Supreme Court Justice Sandstrom told me during the 2016 election cycle when voters cast their ballots overwhelmingly for the constitutional amendment. Unfortunately, I think North Dakota voters were bamboozled by slick campaign (Kelsey Grammer!) funded exclusively from California by

North Dakota Supreme Court: It’s Ok if Cops Make Errors About Facts and Law as Long as They’re “Reasonable”

Yesterday the North Dakota Supreme Court handed down decisions in two cases – State v. Phelps and State v. Hirschkorn – involving crimes based on evidenced obtained by police officers during improper traffic stops. At issue is an oddity in North Dakota law, which is that blinkers don’t have to be used when making a turn

jerod tufte

Non-Partisan Supreme Court Candidate Jerod Tufte Campaigns At Partisan Events

I got a few emails last night and this morning from SAB readers curious about the presence of Southeast Judicial District Judge Jerod Tufte at the NDGOP’s District 31/34 convention last night in Mandan. Tufte is running for the state Supreme Court. That’s a non-partisan position, and those campaigning for it are prohibited from seeking

dale sandstrom

ND Supreme Court Justice Dale Sandstrom Not Running For Re-Election

Add another open election to North Dakota’s statewide ballot. In addition to the Governor, Lt. Governor, Insurance Commissioner and State Auditor races we now have an incumbent deciding not to run for the state Supreme Court. Justice Dale Sandstrom, who has served on the court for 24 years, has announced that he’s not running for

4th amendment

ND Supreme Court: Cops Can Violate The 4th Amendment As Long As They Do So Quickly

Yesterday the North Dakota Supreme Court handed down two separate rulings related to the same incident, and it rulings have serious implications for privacy rights and the state of the 4th amendment in North Dakota. You can read the opinions in State of North Dakota v. Asbach and State of North Dakota v. Walker online. What happened

ND Supreme Court: Campus Police Have No Jurisdiction Off Campus

The North Dakota Supreme Court today handed down a significant ruling in a DUI case today which limits the jurisdiction of campus police officers, and may call into question why the universities have their own police departments in the first place. You can read the full opinion below, but basically the defendant in the case

drunk driving

North Dakota Supreme Court Criminalizes The 4th Amendment

The North Dakota Supreme Court today dealt a major blow to privacy rights in ruling that it’s ok to criminalize the exercise of your 4th amendment rights. Here’s what happened. [mks_pullquote align=”right” width=”300″ size=”24″ bg_color=”#000000″ txt_color=”#ffffff”]”It’s well-established law that driving on public roads is a privilege, not a right, but that’s not what is at