House Bill 1002 is the judicial branch appropriation bill. Notable items
in the final bill include a new judgeship and companion court reporter
in the South Central Judicial District, funding for the drug court in
Richland County, and the remodel of the Supreme Court law library. planning (SB 2209); and records collected for the missing person repository
(HB 1313). The legislature also added a protection for communications
between a legislator and any person, even if that person is a public officer
or public employee (SB 2221).
Senate Bills 2072 and 2073 make significant changes to the law
governing guardianships of minors. Currently, there is a lot of confusion
regarding whether to file in probate court or juvenile court. These
bills make clear that the only cases appropriate for probate court are
uncontested testamentary appointments. All other cases will either be
transferred to juvenile court or be commenced in juvenile court. To clarify
this and provide additional guidance, a new chapter was created to
govern guardianships of children: Chapter 27-20.1. Many bills were introduced during the session regarding administrative
and regulatory boards. If you represent an occupational board, you will
want to look at HB 1275, which put limits on administrative rules, and
SB 2306, a bill that addressed occupational licenses for military members
and military spouses.
— Sara Behrens, North Dakota Supreme Court Staff Counsel
During the 2019 Legislative Session, there were a few changes to the
open records and meetings law. Most of them added protections to records
such as exemptions for law enforcement officer background checks (HB
1132); protections for records shared for emergency purposes (SB 2340);
protections for records related to critical infrastructure and security
MEDIATION
BY RETIRED
JUDGES
Resolve cases by
mediation more
effectively and
efficiently than
through litigation
and trial.
Medical marijuana once again was a topic of great interest during
the session. One notable change to the medical marijuana law was the
addition of physician assistants to the list of health care providers who
can certify that a patient has a debilitating medical condition (HB
1283). There is also an alternative way for military veterans to receive a
certification (HB 1283). The list of debilitating medical conditions was
amended to add autism spectrum disorder, eating and anxiety disorders,
Tourette syndrome, and brain injuries (HB 1519).
— Mary Kae Kelsch, Office of North Dakota Attorney General
Karen K. Klein
US Magistrate Judge, Retired
30 years of judicial experience
Successfully mediated thousands of cases
Teaches mediation skills to federal judges
[email protected]
701-715-4629
Mary Muehlen Maring
ND Supreme Court Justice, Retired
20 years of litigation experience
Almost 18 years judicial experience
Mediation training: National Judicial College
[email protected]
701-425-6340
www.kleinmaringmediation.com
SUMMER 2019
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