text: Guest beardo Posted July 3, 2003 since most ninjas wont be around tomorrow.. happy 4th of july beardz Free Will Astrology horoscopes for week of July 3, 2003 Aries (March 21-April 19) The United States often leads the way in dreaming up novel gourmet treats, but China is now marketing an amazing product that American food designers haven't even begun to develop: milk beer. Appealing to both the infantile longing for creamy liquid nourishment and the adult craving for inhibition-loosening alcohol, it's bound to become the 21st century's first new staple. From an astrological perspective, Aries, the time is ripe for you to gorge yourself with a blend like milk beer. If it's not yet being sold in your area, I suggest you mix up your own batch. Taurus (April 20-May 20) "Dear Mr. Brezsny: Your horoscopes are useless. Most of them are full of philosophical crap that has nothing to do with my daily life. Enough with the metaphors already! Just tell me if there's love or money or trouble in my future -- stuff that normal horoscopes say! -Testy Taurus." Dear Testy: I predict that in the coming week, you and your fellow Bulls will have close encounters with the kind of experience you just directed at me. In other words, people will try to get you to be something other than what you are. Do not, under any circumstances, cave into them. Gemini (May 21-June 20) Gemini performer Keith Hennessy teaches classes in improvisation. I'll quote his ideas about the subject because they perfectly describe the nature of the spirit you should invoke in the coming weeks. Here's his definition of improvisation. "The art of being in full awareness and integrity right now. The opposite of repression. The closest we get to the source language of creativity, soul, play, and magic. A crazy attempt to align body and mind not only in the pursuit of freedom, but in the actual experience of freedom. Intentional spontaneity. The beauty and truth of the wild." Cancer (June 21-July 22) To quote an old song, Cancerian, your future lies beyond the yellow brick road. In other words, it's time to let go of the fairy-tale vision of success that fueled you when you were young and naive. A more mature dream is calling, inviting you to get older and wiser fast. Initially, this replacement may feel like a loss, but ultimately it will awaken passions and ingenuity that the original goal would never have coaxed out. Ironically, it will also lead you to rewards that the yellow brick road promised but never could have delivered. Leo (July 23-August 22) Dragon alert! You have a date with an influence that has a metaphorical resemblance to a scaly, winged, fire-breathing beast. As daunting as that may sound, you shouldn't avoid it; I believe it will actually help your soul grow bigger and stronger. On the other hand, there's no need to immediately race over to the dragon's cave and poke it with a stick. Try to arrange a meeting that takes place on your home turf and in the presence of your allies. Virgo (August 23-September 22) A fundamentalist is anyone who thinks his belief system trumps all others. Religious fanatics are the most obvious example, but scientists can be fundamentalists. So can socialists or capitalists, environmentalists or atheists. Every fundamentalist divides the world into two camps, those who agree with him and those who don't. To him, there is one right way and a million wrong ways to interpret reality. Now here's the uncomfortable news: Every one of us has the fundamentalist virus. It may not be as virulent in you and me as it is in the bad guys we love to hate. But we're all infected. Luckily, Virgo, you're in an astrological phase when you can achieve a partial cure. To begin, take everything less seriously and less personally and less literally. Libra (September 23-October 22) My acquaintance John traveled to Antarctica. On the first day, the guide took him and his group to a remote area and left them alone for an hour to commune with the pristine air and unearthly stillness. After a while, a penguin ambled up and launched into a ceremonial display of squawks and stretches. John responded with recitals of his favorite memorized poems, imagining he was "engaged in a conversation with eternity." Then the penguin sent a stream of green projectile vomit cascading against his chest, and shuffled away. Though John initially felt deflated by eternity's surprise, no harm was done. Later he came to see it as a first-class cosmic joke, and treasured its value as an amusing story with which to regale his friends back home. I predict you will have an analogous experience in the coming week, Libra. Scorpio (October 23-November 21) You're like an arrow in flight, Scorpio. You're a half-cooked feast, the fifth month of pregnancy, the week before a big election. When I turned my psychic vision towards you just now, I saw an image of a worker bee freshly returned to the hive to perform the dance that will tell its companions where to find a patch of blooming snapdragons. Have you ever mastered a second language? Where you are at this moment resembles the time right before you attain fluency. Sagittarius (November 22-December 21) When I relocated from Santa Cruz to Marin County in 1991, I moved from a hotbed of alternative lifestyles to a very wealthy community. In making the transition, I knew I'd have to deal with a character flaw: my prejudice against rich white people. Over the years, I've made great progress in dissolving my bigotry, but today I was sorely tested. While walking downtown, I spied a Lexus SC-430 with a vanity license plate that read "PUREHRT." Indignation surged through me as I thought, "It's inconceivable that the owner of a $60,000 sports car could have a pure heart!" But soon my compassionate mind kicked in, and I opened to the possibility, quieting my judgmental reflex. Let this tale serve as your inspiration this week, Sagittarius. It's time to have a showdown with your deepest prejudice. Capricorn (December 22-January 19) At last year's Burning Man, the week-long festival of cheerful mischief in the Nevada desert, a character calling himself Mother Very Superior was omnipresent. Clad in a nun's habit and black leather chastity belt, he roamed far and wide, dispensing blessings with a toy cat-o'-nine-tails. "I hereby absolve you of your sins," he chanted as he softly whipped anyone who consented to his gift, "so now you are free to go ahead and sin like crazy." I suggest you find someone to do you a similar favor, Capricorn. To take maximum advantage of the explosive fun that will be available in the near future, you should get your karmic debt down as close as possible to zero. Aquarius (January 20- February 18) Being right doesn't guarantee success in the coming week. Nor does being strong or smart or rich or well-connected. No, Aquarius, none of the usual assets will be of much use if you want to triumph over adversity. There is another way, though. It would require you to be tricky yet ethical. You'd have to be good in a sneaky way, or pull off some subterfuge while aflame with a noble purpose. Here's another tip for ensuring victory: Renounce any attachment you have to getting full credit for your heroic efforts. Pisces (February 19-March 20) Everyone needs music, but you, Pisces, can't survive without it. Your moist, hungry, undulating soul tends to devolve into confusion without regular exposure to music's wild intelligence. It's also important for you to keep finding fresh songs to commune with. Depending solely on those that moved you once upon a time encourages you to commit a sin your tribe has to be wary of: living in the past. As for what music would nourish you best right now, I'll trust your intuition to guide you. But here's some soul food for thought from the song "Green Light: Now Begin," by hip-hop group Blackalicious: "No more of that sittin' in a slump/ No more of that coulda-woulda-shoulda junk/ No more of that waiting for the inspiration, innovation/ It's time to expand, power from within, you're takin' over this dominion/ Green light, now begin Share this post Link to post Share on other sites


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May 2, 2012, 9:53 am
"America's Got Talent" kite-flyer Connor Doran in Denver for epilepsy benefit
Connor Doran, a young man from Bend, Ore., who parlayed his indoor kite-flying skill to finish in the Top 12 in Season 5 of "America's Got Talent," will be here Thursday to wow guests at Chelsea's Gala.
This benefit for the Chelsea Hutchison Foundation begins at 6 p.m. at Cielo at Castle Pines, 485 W. Happy Canyon Road, in Castle Rock.
Psychic Deb Sheppard, a frequent guest on KOSI, and 9News investigative reporter Jeremy Jojola will emcee; a live auction will be called by Gary Corbett.

subset: commoncrawl


text: HPI has teamed up with Apex Models to attend the Gadget Show Live in Earl's Court, London, the first weekend of November! Apex Models will be on stand P30 so be sure to stop by if you're in the area. We'll have some FREE tickets to give away, so check back next week for details on how to WIN!


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By Chief Justice Gerald W. VandeWalle
Wednesday, January 10, 2001
"Good laws are the best legacy which one generation can leave to another."
—Governor Devine 1901
Thank you for the privilege of appearing before you to present the State of the Judiciary Message at the beginning of a new century. We have just experienced a test of our constitutional form of government, and the rule of law prevailed. I share with you some words written by Martha Barnett, President of the American Bar Association, during the heat of the past election controversy
Rather than attacking the justice system, we should be thankful that we have a system of government in which disputes can be resolved in courthouses, not in the streets. It is our long-standing tradition that when the political branches of government are unable to resolve their differences, these matters are thrust upon our courts. Interpretation of often-conflicting statutory provisions and regulatory standards is the daily work of courts in this country. Our legal adversarial system---like our free enterprise system, our democratic electoral system, and our "marketplace of ideas"---provides a cauldron for the resolution of the competing and conflicting views, which characterize our democracy. Rather than resorting to name-calling and slurs of lawyers and the court, we should remember their role in insuring that the Rule of Law is honored. Our system of government, founded on the Rule of Law, is the envy of the world. It is often complicated and messy, but it works.
After these last two months, our issues in the North Dakota Judiciary may not seem eventful. However, as our Nation and our State continue the normal operations of government, the importance of these issues will again be apparent. Let me begin.
State Assumption of Clerk of Court Functions
The Fifty-Sixth Legislative Assembly enacted legislation providing for the state assumption of clerk of court functions. Large counties were given the choice of electing state funding for clerk of court operations or funding it without state assistance. Medium size counties were given the choice of electing state funding, contracting with the state to provide clerk of court services, or funding the function without state reimbursement. Small counties with less than one full-time clerk of court had the choice of contracting with the state to provide clerk of court services or fund the function without state reimbursement.
Eleven counties have asked for state funding for clerk of court offices. Three counties have opted to fund clerk of court services from county funds. One county did not respond within the statutory deadline. The remaining 38 counties have signed agreements with the state to provide clerk of court services with reimbursement from the state for court-related duties.
Six years ago we were asked what the cost would be to fund clerk of court operations. We estimated the cost to be eleven million dollars. This has been a well-known cost and one that was known to all when HB 1275 was enacted last session.
We attempted to present a budget to you this year that was less than the eleven million projected for the last six years but were unable to do so. Unfortunately inflation, salary costs, and county contract costs add up to a total clerk of court required budget of $11,091,626.
We were given one million dollars to fund clerk of court operations for the last three months of the current biennium. This is $228,000 short of requirements. As a result, we were not able to reimburse contract counties for operational expenses in our contracts or purchase equipment for state-funded offices. If this shortfall were to continue for more than three months, we may have to consider closing offices and shortchanging contract counties money they have a right to expect under current law.
Planning and implementation are on schedule and all identified issues raised have been resolved or are under study. With the continued cooperation of the clerks of court, we expect implementation to be smooth on April 1, 2001. This venture has been more successful than I would have believed possible under the circumstances.
The North Dakota juvenile courts continue to implement an operating philosophy known as "Balanced and Restorative Justice". This philosophy represents a shift from the traditional "treatment-based system" to one that emphasizes holding juveniles accountable to victims and to the community. As such, the juvenile courts emphasize financial restitution to victims and completion of community service hours. An innovative example of this change of philosophy has been the establishment of juvenile accountability conferences. These conferences provide the opportunity for victims to explain to youthful offenders the real consequences of their actions and allow the victim a say in what sanction will be imposed on the offender. Through continued implementation of additional accountability-based programming, such as intensive tracking, electronic monitoring, and drug and alcohol testing, the juvenile courts continued to serve the people of North Dakota well.
Two years ago I reported that the Juvenile Policy Board approved developing pilot juvenile drug courts in North Dakota. Over the past year, the East Central and Northeast Central Judicial Districts were chosen as pilot sites and a planning committee under the leadership of Justice Mary Muehlen Maring began meeting to plan the juvenile drug court "model". In April 2000, the committee completed its work, and the drug courts were operational as of May 1, 2000. The preliminary reaction is most positive.
The juvenile drug court model combines intense judicial supervision, incentives, sanctions, drug testing, treatment, aftercare, and community service to intervene effectively in the lives of substance-abusing youth offenders.
The planning process has been funded through grants from the Office of Justice Programs, Drug Courts Program Office. The North Dakota Supreme Court was also awarded an Edward Byrne Memorial State and Local Law Enforcement Assistance grant to begin implementation of the pilot juvenile drug courts. Our current budget request contains a modest amount of funding to continue the operation of these courts. Federal funds were provided for planning and implementation, but they are now drying up. If these pilot programs are successful, as we expect they will be, the money we expend now will save countless dollars in the future by keeping these young people from future incarceration because of addiction.
As I reported to you two years ago, in November 1998, as part of a national project, a Public Trust and Confidence Committee, chaired by Justice William A. Neumann, was established to gauge the public perception of court systems in North Dakota. The members of the Committee represented a broad spectrum of interests and experiences. Their report has been completed.
The Committee considered information from many sources including self-represented and attorney-represented litigants, jurors, court observers, and interested citizens. After reviewing two national surveys, the Commission commissioned a statewide survey of public satisfaction with the Judicial system. The Judiciary did well in our state survey. We also asked about other state institutions so we could have a base of comparison. I am pleased to report the legislature also did well in the survey. Nevertheless, there is always room for improvement - - for both of us.
North Dakota issues were categorized into ten broad categories: public access to the courts; education and civic literacy; system process; lawyers; civility, integrity and professionalism; impact of the media; bias in the system; caring for society; jury service; and the integrity of the judiciary and the judicial process. Strategies for addressing these issues were recommended. Methods for implementing the strategies were also recommended.
After reviewing the Committee report, the Supreme Court established a Public Trust and Confidence Implementation Committee. Administrative Order 12 has been signed, committee members identified and letters of appointment have been dispatched. Justice William A. Neumann will chair the committee.
The Supreme Court has resumed a practice fairly common in the 1980s, that of having oral arguments in cities other than Bismarck. During the past year, we have had the pleasure of interacting with outstanding young people from Linton High School, West Fargo High School, Des Lacs-Burlington High School, and New Rockford High School, in addition to the annual session at the UND Law School. Students from neighboring high schools and the general public were invited to the oral arguments where space allowed. We are scheduled into 2002.
One thing that is different from the '80s, we not only hear oral arguments, we visit the classrooms and engage in discussions and answer questions asked by students and teachers. If anyone questions the dedication of North Dakota teachers or the caliber and quality of our young people, I recommend they visit our schools. We are welcomed graciously and told how much the students have learned from our visit. In truth, it is we who are energized by these fine young people.
The Gender Fairness Implementation Committee, chaired by Justice Maring, is charged by Administrative Order 7 with implementing the recommendations of the Final Report of the Commission on Gender Fairness in the Courts. During 1999, the Committee assisted in coordinating several education programs concerning bias in the courts and provided articles concerning Committee activities for publication in the Gavel, a publication of the State Bar Association. The Committee also reviewed methods used in other jurisdictions of addressing bias-related complaints and began an assessment of an informal complaint procedure for responding to such complaints. The informal complaint procedure, which drew considerable comment, has been modified, and we will institute a pilot program beginning with the judges and employees of the judicial system.
The Committee also prepared and distributed to all judges a judge's guide on how to conduct gender-fair proceedings and recommended changes to the Code of Judicial Conduct Canons.
The judiciary has implemented a project in Stark County to test the feasibility of using digital audio recording for judicial proceedings. As part of this project, all courtrooms in the courthouse are connected to the judges' chambers and the central server. Judicial proceedings are recorded in a digitized format. Using this technology, judges can enter their own personal notes on the record and have testimony available in their chambers when testimony is stored on a central server. Multiple parties can access the testimony simultaneously.
To give you an idea of where this technology could lead us, a project in the general trial courts in Tampa, Florida, allows attorneys to review portions of the digital record from their offices using the Internet. Transcripts are prepared overnight using a service bureau in Nova Scotia and the record is transmitted via the Internet. While we are not including these aspects in this pilot project, this technology provides greater accessibility to judicial proceedings and a cost effective storage format for the judicial proceeding record.
In May a pilot project began in the South Central Judicial District using interactive television to supplement court proceedings in two outlying counties. The pilot project uses ITV for selected judicial proceedings between Burleigh, McLean, Mercer, and Morton counties. This project is designed to test how ITV can enhance judicial services in more rural parts of the state. The project, chaired by the Honorable James Vukelic, is the first application of this technology in the state and follows a project inaugurated in the 9th Judicial District of Minnesota about 24 months ago. Attorneys serving on the committee are: Robert W. Martin, Bismarck; Scott Porsberg, Bismarck; Merle Torkelson, Washburn; and Jim Johnson, Stanton. Scott Porsberg chaired the Procurement Subcommittee and Bob Martin chaired the Protocols Subcommittee. The cost effectiveness of the program is being evaluated. It will be based on activity through 12/31/00. We are hopeful this technology will improve the quality of access to judicial services in rural counties. In areas where such technology is too expensive for just judicial use, we hope to work with schools, government agencies, and the community to share costs and provide a service beneficial to all.
The Judicial Branch has been actively pursuing ways that will allow the information systems used by the Judicial Branch to communicate with the information systems used by other governmental entities such as the Attorney General's Office, Department of Transportation, and some county entities. We have also begun working to give law enforcement and criminal justice agencies access to our management system for the purpose of reviewing information specific to cases. This includes personnel from police agencies, state's attorneys, Department of Corrections, and the Attorney General's Office.
We are working with several municipal courts to integrate their case management systems with that used by the Judicial Branch. These are but a few examples of ongoing projects underway to insure the most efficient and effective use of our information technology resources.
Two years ago I reported Justice Dale Sandstrom's website continues to receive worldwide acclaim. Since then it was voted by the American Association of Law Libraries as the best judicial website in the nation. In the fall of 1999, the Sixth International Court Technology Conference announced the North Dakota Supreme Court web page is the best on the web.
The project to make North Dakota Supreme Court opinions available on the web continues. Currently, cases dating back to 1988 are on the web and available for your research. We have scanned cases back to 1975 but they have to be formatted and proofed before they can be put on the web. This is a slow and laborious task. Our goal is to put all cases decided since 1950 on the web.
On April 12-14, 2000, 38 of the 43 district judges and all of the justices of the Supreme Court met in Carrington, North Dakota, to discuss long-range planning issues.
The discussion on planning priorities was led by Dr. Dale Lefever, a nationally recognized expert in judicial leadership. The assembled group identified issues for serious discussion in each of the major sections of the Trial Court Performance Standards as follows:
Access to Justice
Expedition and Timeliness
Equality, Fairness and Integrity
Independence and Equality
Public Trust and Confidence
"Better practices" were also discussed. The results of the leadership conference will provide the starting point and background for study by a newly reconstituted Judicial Planning Committee.
With the Unified Court Information System (UCIS) serving as the case management system, 30 counties are now able to track case filings on-line. The remaining counties, with the exception of Cass County which operates a separate system, have access to UCIS through the cooperation of their neighboring on-line counties. As the use of this system grows, we collate a more comprehensive summary of court data to analyze the workload of the judiciary.
We have gathered five years of caseload statistics since the unification of our county and district courts in 1995. Criminal filings have fluctuated in recent years with 1999 filings declining 4.1% from 1998, but remaining higher than 1995 levels. Civil case filings decreased 6.7% from 1998 and have shown a continued downward trend since 1995, registering an overall decrease of 8.2%. Case filings have decreased 4.2% overall since 1995.
Ralph J. Erickstad Courtroom
On July 12, 2000, the Supreme Court Courtroom was dedicated as the Ralph J. Erickstad Courtroom. Among the out-of-state dignitaries who spoke were the Honorable Robert Miller, Chief Justice of the South Dakota Supreme Court, and the Honorable H.F. "Sparky" Gierke, Judge of the U.S. Court of Appeals for the Armed Forces and former Justice of the North Dakota Supreme Court. A dedication plaque in honor of Ralph J. Erickstad was unveiled in the courtroom. The plaque reads as follows:
Chief Justice Erickstad was a leader in the unification of the state's trial courts and in the development of the judicial wing and the Supreme Court chambers of the State Capitol, which were completed in 1981. He was nationally recognized for his leadership with the Conference of Chief Justices and the National Center for State Courts. He served through appointment by President Ronald Reagan and confirmation of the United State Senate on the Board of Directors of the State Judicial Institute.
Ralph Erickstad was recognized as "the master navigator of modernization for the courts" by Retired Justice Herbert Meschke and Supreme Court Librarian Ted Smith in their superb history entitled "The North Dakota Supreme Court: A Century of Advances". This history is published in Volume 76 Number 2 (2000) North Dakota Law Review. I have been concerned that the history of the Court was being lost and am deeply grateful and indebted to Justice Meschke and Ted Smith for their detailed research and work. For those of you interested in the history of our state, I recommend the history for your reading. It contains some interesting history of legislative-judicial cooperation.
After considerable study, prompted in part by an appropriation in the 1995 Legislative Session to develop an alternative dispute resolution option for parties in dispute, the Court on December 6, 2000, adopted Rules 8.8 and 8.9, North Dakota Rules of Court. These rules recognize the importance of alternative dispute resolution ("ADR") as a tool to assist our citizens in resolving disputes in a timely and cost-effective manner and encourage parties to civil suits to participate in ADR. The rules establish mediative court-sponsored settlement conferences and domestic relations mediation as the primary form of ADR offered by the district court and encourages parties to arrange and participate in ADR in the private market as an alternative to court-sponsored ADR. A sliding fee schedule based on participants' assets and income will be applied to court-sponsored mediation services in domestic relations cases.
Our purpose is not to compete with the private ADR market but to provide court-sponsored ADR to those who have limited finances, particularly in domestic relations cases where there is the greatest need for alternatives to the adversarial method of resolving disputes.
We also approved establishment of a roster of neutrals for civil arbitration, civil mediation, and domestic relations mediation from which parties may seek a neutral.
Finally, the Court approved the petition from the State Bar Association to establish a joint committee responsible for continuing study and review of ADR in the justice system.
Indigent Defense
As most of you are aware, before a defendant can be sentenced to incarceration, the defendant must have been defended by an attorney. If the defendant is indigent and cannot afford an attorney, an attorney must be provided at state expense. North Dakota has traditionally contracted with law firms and attorneys to provide representation in each judicial district. This method of providing defense services has become more complex, difficult and costly each year. There are other methods of providing defense services such as a public defender program. It has been 26 years since the legislature last looked at alternatives to the current system. It is now time to reexamine how the required services can best be provided.
The last page of the State of the Judiciary Message book you have before you contains a draft concurrent resolution that addresses these issues. I urge your favorable consideration of this concurrent resolution.
We have struggled for some time with how to appropriately and effectively recover, or "recoup", state dollars expended in providing legal representation for indigent criminal defendants. State law requires that defendants reimburse the state, or county or city for that matter, for any funds so spent and our recoupment level traditionally is about 8 to 10 percent of the total amount spent on indigent defense. That recoupment level more or less mirrors the national average. One method of offsetting, at least in part, the cost of providing indigent defense services is to require criminal defendants to pay an application fee when they apply for indigent defense services. Approximately 15 states have now enacted legislation to implement such a fee. At the request of our Legal Counsel for Indigents Commission, the Supreme Court considered proposed legislation that would establish such a fee in North Dakota. The proposal was approved and the legislation will be before you for consideration this session.
Legislation we have prefiled for your consideration includes a bill to amend sections of the North Dakota Century Code removing now obsolete language relating to elimination of judgeships.
A bill to amend and reenact sections of the Century Code to insure temporary orders, restraining disorderly conduct, and ex parte protection orders remain in effect until terminated by the Court or a protection order is entered.
A bill to change the name of the State Bar Board to the Board of Law Examiners to remove confusion between the State Bar Association, which is the organization to which all licensed lawyers in North Dakota belong, and the Board which is established by law to examine and recommend applicants seeking a license to practice law in North Dakota.
A bill to eliminate confusion governing appeals from post-conviction relief proceedings.
In 1991 when court unification was passed, there were 53 county and district court judges. In 1995 when unification became effective, I reported in the State of the Judiciary Address on January 4, the number of judges was 48. Today we have 42 judges, a 21% reduction in ten years. The decision to eliminate vacancies became increasingly difficult, but the decision to eliminate the chamber of a sitting judge in order to reduce to 42, the legislatively requested number by January 1, 2001, was by far the most difficult. This is the last reduction the court is required to make although the court is authorized and will continue to make transfers when vacancies occur and transfers are necessary.
When court unification was passed, district court judges pay ranked 45thout of the 50 states. On July 1, 2001, North Dakota Judges will rank 50thout of 50 unless a salary adjustment is enacted. This has occurred during the period when there was a 21% reduction of judges and a resulting 26% increase in individual caseload. This is a case in which our citizens received more for less.
Our budget proposes a plan to begin to restore balance to North Dakota judicial pay. The salary of South Dakota judges is approximately 12% greater than North Dakota judges. Our plan proposes to reach the South Dakota level through a salary increase plus a small inflation adjustment over a period of two biennia. Six percent of the difference is requested this biennium, and the remaining six percent will be requested in 2003. We ask your support for equitable compensation for judges who have been asked to do more and more over the last ten years.
The number of self-represented persons in the judicial system continues to grow. Many, but not all, of these persons are needy. We are studying methods of accommodating these people without compromising the impartiality of the system.
The multi-jurisdictional practice of law ("MJP") is a big issue nationally. There are those who propose no barriers to the practice of law across state boundaries. The issue is multi-faceted and exceedingly complex. It will bear watching.
I note with sadness the deaths of William Paulson, retired justice of the North Dakota Supreme Court; Dennis Schneider, retired district judge from Bismarck; and Eugene Burdick, retired district judge from Williston. These judges served distinguished careers with the North Dakota Judiciary.
Judge Kirk Smith, district judge from Grand Forks, retired at the end of the year.
We welcome to the bench, Judge Karen Braaten, who was elected in November to the judgeship held by Judge Smith, and Judge Bruce Romanick who was elected to the judgeship in Bismarck previously held by Judge James Vukelic.
In my 1999 State of the Judiciary Message I reviewed some of the statements contained in then-Governor Devine's State of the State Message in 1899 just before the turn of the century.
Since there was no State of the Judiciary Message in those days, I went back to the House Journal for 1901 to learn that ex-Governor Devine again gave the State of the State address because Governor F. B. Fancher had become ill the previous September. Ex-Governor Devine's address was followed by the address of Frank White, the incoming Governor.
Governor Devine told the legislature:
As a nation we confidently assert that our people are among the most enlightened and progressive on the face of the earth; and you have the honor to represent the people of a state having the smallest per cent of illiteracy of any state in the union, and who are the peer of any people in the land, in patriotism, intelligence, integrity and love of equality; in truth and justice in the affairs of mankind.
He concluded with the observation that "Good laws are the best legacy which one generation can leave to another."
Governor Devine had great insight. All of us, in government and out, should strive to retain for our populace these qualities of which Governor Devine spoke. Although our institutions of government are criticized, we must only work harder to overcome cynicism and skepticism. As Governor Devine said, our citizens are the peer of any people in the land. I submit they will quickly reject what we do that is wrong but even more quickly defend what we do that is right. We can ask no more.
Thank you for allowing me the privilege to report on the State of the North Dakota Judiciary and to discuss with you some of the activity in the Judicial branch.
We wish you well as you discuss and debate the proposals to implement and protect the inalienable rights we all enjoy under the Rule of Law as established by the United States and North Dakota Constitutions.
Legislative Assembly
of North Dakota
Introduced by
A concurrent resolution directing the Legislative Council to study the method of providing legal representation for indigent criminal defendants and the feasibility and desirability of establishing a public defender system.
WHEREAS, the Legislative Assembly last considered the establishment of a different method of providing indigent defense services during the 1973 and 1975 legislative sessions and the dynamics and requirements of providing those services have changed considerably since that time; and
WHEREAS, in response to litigation or increasing costs, other states have found it necessary to conduct studies or enact laws to address issues regarding the effective provision of legal representation for indigent criminal defendants; and
WHEREAS, costs associated with the indigent defense contract system administered by the North Dakota judicial branch continue to increase in greater proportion than most other costs of the judiciary; and
WHEREAS, the current indigent defense contract system poses troubling, conflict-related issues concerning judge involvement in deciding when criminal defense expenses, such as expert witnesses, should be allowed while also presiding in cases involving indigent criminal defendants;
That the Legislative Council study the method of providing legal representation for indigent criminal defendants and the feasibility and desirability of establishing a public defender system; and
BE IT FURTHER RESOLVED, that the Legislative Council report its finding and recommendations, together with any legislation required to implement the recommendations, to the Fifty-seventh Legislative Assembly.
The Council of Presiding Judges consists of the presiding judge of each of the seven judicial districts with the chief justice as chairman. The members of the Council are: Chief Justice Gerald W. VandeWalle, Presiding Judges Benny A. Graff, Allan L. Schmalenberger, Lee A. Christofferson, John T. Paulson, Norman J. Backes, Lawrence E. Jahnke and Robert W. Holte.
The Council of Presiding Judges works primarily with caseloads and court administration. Its charter is to ensure that the business of the courts is handled with dispatch and efficiency. The Council meets at the call of the chair, normally each month. In attendance at each of the meetings is the state court administrator, the two assistant directors of the trial courts, and on occasion, the district court administrative assistants.
In the North Dakota judicial system, a system of committees has been established to develop creative new ideas and evaluate proposals for improving public services. Representative of the people of North Dakota, these advisory committees include citizen members, legislators, lawyers, district court judges, municipal court judges, and members of the Supreme Court.
Judicial Planning Committee
The Judicial Planning Committee is chaired by Justice William A. Neumann. The Committee identifies, describes, and clarifies problem areas in the judiciary. Plans are then developed and, after approval by the Supreme Court, are referred to judicial leaders and other standing committees for planning guidance.
Joint Procedure Committee
The Joint Procedure Committee is the standing committee of the Supreme Court responsible for proposing adoption, amendment, or repeal of rules of civil procedure, rules of criminal procedure, rules of appellate procedure, rules of evidence, rules of court, and specialized court procedure. Justice Dale V. Sandstrom chairs the Committee. Recent projects include new rules and amendments governing custody investigators, guardians ad litem, predeliberation discussion by jurors, appearances by attorneys not licensed in North Dakota, and ex parte applications by indigent defendants for funding. The Committee has also been working on alternative dispute resolution and is revising the North Dakota Rules of Appellate Procedure in response to the 1998 revision of the federal rules.
Joint Committee on Attorney Standards
The Joint Attorney Standards Committee was established following adoption of Administrative Rule 38 by the Supreme Court. The Committee, chaired this past year by Judge Ralph R. Erickson of Fargo, is comprised of members appointed by the Chief Justice and the Board of Governors of the State Bar Association. During 1999, the Committee submitted to the Supreme Court proposed amendments to Rule 8.4, Rules of Professional Conduct, which identified manifestation of bias as a form of misconduct, and undertook a review of issues related to client access to files, lawyer advertising, and multi-disciplinary practice.
Judiciary Standards Committee
The Judiciary Standards Committee, chaired by Brian Neugebauer of West Fargo, studies and reviews all rules relating to the supervision of the judiciary, including judicial discipline, judicial ethics, and the judicial nominating process.
Court Services Administration Committee
The Court Services Administration Committee, chaired by William A. Strutz of Bismarck, is responsible for the study and review of all rules and orders relating to the administrative supervision of the judicial system. The Committee also studied implementation of 1999 legislation providing for state funding of clerk of district court services. As part of that study, the Committee submitted to the Supreme Court a proposed rule on clerk duties and appointment.
Committee on Tribal and State Court Affairs
The Committee on Tribal and State Court Affairs was established following adoption of Administrative Rule 37 by the Supreme Court. The Committee is chaired by former Chief Justice Ralph J. Erickstad and is comprised of tribal and state court judges, tribal and state court support services representatives, and public members. It is intended to provide a vehicle for expanding awareness about the operation of tribal and state court systems; identifying and discussing issues regarding court practices, procedures, and administration which are of common concern to members of the two court systems; and for cultivating mutual respect for, and cooperation between, tribal and state courts.
Gender Fairness Implementation Committee
The Gender Fairness Implementation Committee, chaired by Justice Mary Muehlen Maring, was established by Supreme Court Administrative Order 7 to oversee implementation of the recommendations of the Supreme Court's Commission on Gender Fairness in the Courts. It is further charged with monitoring the progress of the judicial branch in eliminating gender bias in the courts. During 1999, the Committee assisted in coordinating several education programs concerning bias in the courts and provided articles concerning Committee activities for publication in the Gavel, a publication of the State Bar Association. The Committee also reviewed methods in other jurisdictions of addressing bias related complaints and began an assessment of an informal complaint procedure for responding to such complaints.
Personnel Policy Board
The Personnel Policy Board was established following adoption of Administrative Policy 106 on July 15, 1998, by the Supreme Court. This Board replaces what formerly was two boards, the Supreme Court Personnel Advisory Board and the District Court Personnel Advisory Board. The seven-member Board is comprised of one supreme court justice, three district court judges and four employees of the supreme and district courts. The Board's primary responsibilities are resolving personnel disputes; recommending to the Supreme Court for adoption policies relating to human resources, and the development of an annual salary administrative plan for the judiciary.
Court Technology Committee
The Court Technology Committee, chaired by District Court Judge Allan Schmalenberger, Dickinson, is responsible for the planning and implementation of information technology for the Judicial Branch. The Committee's coordinated efforts are responsible for consistent and efficient management of information technology resources. The Committee has been improving the service and support of the information technology systems by implementing an automated help desk system, consolidating information systems, and studying and planning for the needs of the judiciary.
During 1999, the unified court information system (UCIS) continued to evolve and grow. The Committee approved the expansion of UCIS to include a total of 30 counties. In March, the Southeast judicial district was migrated from the Barnes County AS/400 and began using UCIS on the judicial AS/400 in Bismarck. This brought the number of districts using a single, integrated UCIS database to five. The Northeast Central judicial district continues to use a UCIS installation that resides on the Grand Forks County AS/400. Our plan is to migrate the Grand Forks database in 2001 to the AS/400 in Bismarck. The East Central judicial district continues to use an alternate system, PCSS. The Committee also approved policies that made it possible for law enforcement and state's attorneys to access selected UCIS data.
The Court Technology Committee also oversaw the purchase and implementation of a statewide juvenile court system and a digital recording system that is being tested in the Southwest judicial district.
A comprehensive integration and migration analysis was performed in 1999. The result of this analysis is a technology plan which will provide general guidelines for the next five to seven years.
The Committee will continue to work towards integrated systems within the judicial branch and with other government entities in the coming years.
The North Dakota Judicial Conference is chaired by Justice Dale V. Sandstrom of Bismarck. Judicial Conference committees are active in many areas.
Committee on Legislation
The Committee on Legislation, chaired by Judge Burt Riskedahl, Bismarck, drafts, reviews, and tracks proposed legislation that may affect the North Dakota judicial system. During legislative sessions, the Committee provides weekly reports to the members of the conference on legislation that could affect judicial services.
Committee on Judicial Compensation
The Committee on Judicial Compensation, formerly the Committee on Salary and Retirement, is co-chaired by Justice William Neumann and Judge Ralph R. Erickson. The Committee monitors various proposals affecting judges' salaries and retirement benefits.
Judicial Ethics Advisory Committee
The Judicial Ethics Advisory Committee, chaired by District Judge Lee A. Christofferson of Devils Lake, provides advisory services for judges relating to judicial ethics issues. The Committee has provided all judges with an ethics manual and responds to inquiries by judges on ethics questions. The Committee also documents responses for use by all members of the judiciary.
Jury Standards Committee
The Jury Standards Committee, chaired by District Judge Robert Holte of Stanley, studies and oversees the operation of North Dakota's jury system.
The Advisory Commission on Cameras in the Courtroom is chaired by Justice Dale V. Sandstrom and was established under Administrative Rule 21, which governs electronic and photographic coverage of court proceedings. The Commission generally monitors the experience with cameras in the North Dakota Supreme Court, in district courts, and municipal courts.
The North Dakota Legal Counsel for Indigents Commission, chaired by Judge Debbie Kleven, Grand Forks, identifies and reviews issues concerning the operation of the indigent defense contract system. This biennium, the Commission reviewed the prospects for a pilot public defender system, considered issues regarding the equitable allocation of indigent defense funds, and monitored 1999 legislation affecting indigent defense services.
The Pattern Jury Instruction Commission was established by Administrative Rule 23 and is composed of six lawyer members appointed by the SBAND Board of Governors and six judge members appointed by the chair of the Judicial Conference after consultation with the Executive Committee.
The Commission, chaired by Judge John McClintock, Jr. of Rugby, has been involved in a substantive review of North Dakota's existing criminal jury instructions as well as preparing instructions for criminal offenses created by enacted legislation. The Commission is staffed by Lynn Kerbeshian, Grand Forks, who assists in research, revising, and drafting jury instructions.
The Continuing Judicial Education Commission was established under AR 36 in July 1993. The Commission is chaired by District Judge Donald L. Jorgensen of Mandan. The responsibilities of the Commission are to establish policies that effect the implementation of the mandatory education provision of the rule; develop judicial education programs for judges and court support personnel; develop and recommend a biennial budget for judicial education activities to the North Dakota Supreme Court; and develop a library of resource materials for judges and court support personnel. During 1996, the Commission requested and the Supreme Court approved expanding the mandatory education rule to include judicial referees and juvenile court directors and court officers.
The Juvenile Policy Board is implementing balanced and restorative justice as the operational philosophy to be followed by North Dakota juvenile courts. The Board is chaired by District Judge Norman J. Backes of Fargo. This approach emphasizes public safety, accountability to the victim and the community, and the development of skills which enhance the ability to become productive citizens. The juvenile court officers will focus more on involvement of the victim, insuring payment of restitution, completion of community service hours, and other outcome based programs and will be less involved in counseling or "family therapy". This policy direction is possible when the juvenile courts are part of an overall community approach to address juvenile delinquency; the problems of families; and drug and alcohol abuse. As part of this community approach, the courts work closely with many entities which have been authorized by the legislature, including the local Children's Services Coordinating Committee.
The State Bar Board was created by the 1919 Legislative Assembly to assist the Supreme Court in its constitutional responsibility to regulate the admission to practice. The Bar Board's three members must all be licensed members of the North Dakota bar. Board members are Rebecca S. Thiem of the Bismarck firm of Zuger, Kirmis, and Smith; Mark L. Stenehjem of the Williston firm of Winkjer, McKennett, Stenehjem, Reierson, and Forsberg; and Paul F. Richard of MeritCare Health System of Fargo. By statute, Penny Miller, the Clerk of Court, serves as Secretary-Treasurer to the Board.
Admission to practice in North Dakota can be based on the results of the written bar examination; five years of admission with at least four years of practice in another jurisdiction; or, within two years of application, achieving a score of 150 on the multistate bar examination (MBE), admission in another jurisdiction. However, every applicant for admission must be at least 18 years old, of good moral character, fit to practice law, and been awarded a juris doctor or equivalent degree from a law school approved, or provisionally approved, for accreditation by the ABA.
Good moral character and fitness to practice law include honesty, trustworthiness, diligence and reliability, as well as the ability to perform the obligations a member of the Bar owes to clients, the courts, opposing parties and counsel, and the public in general. The Board has petitioned the Supreme Court for a rule change permitting conditional admission when circumstances warrant it.
The Bar Board administered a two-day bar examination in July 1999.
The State Bar Board is also responsible for collecting annual license fees. In 1999, 1,856 lawyers and judges, 373 of whom were women, were licensed.
The Disciplinary Board was created in 1965 to provide for investigating, evaluating, and acting upon complaints alleging unethical conduct by attorneys licensed in North Dakota. The Rules of Professional Conduct are the primary guide for lawyer conduct, and the North Dakota Rules for Lawyer Discipline provide the procedural framework for the handling and disposition of complaints.
The Board has ten members--three non-lawyer members and seven lawyers. Richard E.T. Smith, Wahpeton, serves as chairman. The non-lawyer members are appointed from around the state by the Supreme Court from a list submitted by the State Bar Association, the Attorney General, and the District Judges Association. One lawyer member is appointed by the Supreme Court from each of the seven judicial districts. All members are unpaid volunteers. Paul W. Jacobson serves as Disciplinary Counsel and Loralyn Hegland serves as Assistant Disciplinary Counsel. Penny Miller, Clerk of the Supreme Court, serves as secretary to the Board.
How the Process Works
When a written complaint alleging attorney misconduct is received, it is filed with the Board's secretary and referred to either the District Inquiry Committee East, West, or Northeast of the State Bar Association. These committees are composed of three non-lawyer members and six lawyers, appointed by the Bar Association. The chair of the committee reviews the complaint and, if appropriate, assigns the complaint for investigation to a member of the committee or staff counsel. If the complaint, on its face, does not indicate misconduct, an investigation will not be conducted and the matter will be referred to the committee for summary dismissal. Actions available to district inquiry committees are dismissal, issuing an admonition, probation with the consent of the respondent attorney, or directing that formal proceedings be started.
Formal proceedings are begun when there is probable cause to believe that misconduct has occurred that deserves a public reprimand, suspension, or disbarment. A petition for discipline is filed by Disciplinary Counsel, and a hearing panel is appointed by the chair of the Disciplinary Board to make findings and a recommendation. Present and past members of the Board may serve as hearing panel members. Under rule amendments which became effective July 1, 1999, recommendations of the hearing panel that do not result in dismissal, consent probation, or reprimand are filed directly with the Court. The hearing panel may enter orders of dismissal, consent probation, or reprimand; however, they are subject to a petition for review that is filed with the Court.
By Supreme Court Administrative Rule, the Joint Attorney Standards Committee provides the vehicle for the coordinated, complementary, and continuing study and review of the range of issues concerning attorney standards and supervision.
In 1999, 211 new complaints were filed. A majority of the complaints alleged improper conduct. Complaints regarding incompetent representation, neglect or delay, failure to communicate with the client, conflict of interest, client funds and property, and excessive fees were also received. As of November 30, 2000, 171 files alleging misconduct have been opened. In 1999 through November 30, 2000, two attorneys were disbarred, seven attorneys were suspended, 10 (public) reprimands were issued, 27 admonitions were issued, and one admonition with consent probation were instituted, while nine consent probations were entered into. One disbarred attorney's request for reinstatement was denied.
The Judicial Conduct Commission was established in 1975 to receive, evaluate, and investigate complaints against any judge in the state and, when necessary, conduct hearings concerning the discipline, removal or retirement of any judge. District Court Judge Benny A. Graff is serving as acting chair of the Commission. The Commission consists of four non-lawyers, two judges, and one lawyer. The non-lawyers are appointed by the Governor; the judges are appointed by the District Judges Association; and the lawyer member is appointed by the State Bar Association.
The Commission's procedures are set forth in the North Dakota Rules of the Judicial Conduct Commission. Complaints alleging judicial misconduct are filed with Disciplinary Counsel, who evaluates the complaint. When a complaint is noticed for investigation, the judge has the duty to respond and has the opportunity to present any information the judge may choose. If there is substantial misconduct, formal proceedings will be instituted and a hearing will be held. The Commission may issue an admonition, with the consent of the judge. The Supreme Court must take final action on public censure, suspension, removal or retirement, or any discipline which limits the performance of judicial duties.
Ninety-two complaints were filed in 1999. Of these, 76 were against 32 district judges, three against two referees, and six were against six municipal judges. The most common complaint is with a judicial decision, which is generally a matter for appeal or further court proceedings rather than misconduct. Other common concerns are with impartiality and improper ex parte communication.


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Washington Health System Family Medicine
Our goal is for Washington Health System Family Medicine to provide the highest quality medical care to our patients in a timely, professional, and pleasant manner. We try to exceed the expectations of our patients by providing thorough, accessible, and complete medical care for acute illnesses, chronic diseases, and preventative health maintenance. Medical care is provided on an appointment-only basis by the faculty physicians and resident physicians. Our physicians have admitting privileges at Washington Health System Washington Hospital.
Our services include, but are not limited to:
- Acute illnesses
- Adult physicals including annual, work, school, and sports
- Chronic disease management
- Geriatric care management
- Immunizations
- Minor emergencies and accidents
- Newborn and pediatric care
- Obstetrical and routine gynecological care
- Patient Health Education
- Spirometry testing
- Variety of lab testing
- Well adolescent physicals and acute sick visits
- Well child, physicals, and acute sick visits


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"I think that was an aberration. I'm not sure it was the synthetic but just him having a bad day, like he had at Gulfstream. He's run two bad races in his life -- one was in the Gold Cup and one was in Florida in the Donn. I can't honestly say it was the surface," Motion said.
Motion expects Bullsbay will continue to develop next year.
"This race will help us to figure out what we're going to do next year. The (Dubai) World Cup is going to be on synthetics. Obviously, if he handles the synthetic on Saturday, that's going to be something in the forefront of our minds, pointing to that race," he said. "If not, we'll be looking for a fairly serious dirt campaign and stay away from it."
Jeremy Rose has the mount aboard Bullsbay.
Chocolate Candy – Following a walk in the Jerry Hollendorfer barn, the Dirt Mile prospect went to the paddock for some schooling ahead of Saturday's race.
Furthest Land – Trainer Mike Maker will have five horses on the Breeders' Cup programs Friday and Saturday. Four of the five are 2yos -- the other is 4yo Mile contender Furthest Land.
"It's a lot better than watching it on TV from home," Maker said of having five Breeders' Cup starters.
Maker's two previous Breeders' Cup runners -- Cherokee Triangle (2007 Juvenile Turf) and Freefourinternet (2004 Classic) -- failed to make an impact.
"Cherokee Triangle's chances were compromised because of the conditions at Monmouth Park," Maker said. "We took a shot with Freeforinternet after his upset in the Hawthorne Gold Cup, but he just wasn't good enough. These horses all fit, so we'll give them a chance."
Furthest Land swings back off a victory in the Kentucky Cup Classic, and he is perfect from two starts over synthetic surfaces.
Mambo Meister – Trainer Phil Gleaves scheduled a leisurely morning for Mambo Meister at Santa Anita Thursday morning, designed to have the Spend a Buck Handicap winner get increasingly more familiar with his surroundings.
"We walked him down the stretch with the pony – I was on the pony – then we went to the paddock and schooled him in the paddock. He went three times around there, and we brought him home," Gleaves said.
Mambo Meister, who'll be making his first start on a synthetic racing surface in the Dirt Mile, will be ridden by Calder-based jockey Manoel Cruz.
Mastercraftsman – Trainer Aidan O'Brien said questions about distance led to the decision to start the 3yo Danehill Dancer colt in the Dirt Mile rather than the Classic.
"He's well," O'Brien said. "He's a very classy horse His best run was over six furlongs and there was loads of pace. We weren't sure that he was getting a mile and a quarter. There's a big chance that he wasn't getting it as good as some of the others. His forte is speed.
" Probably because he's not used to running a mile run on the dirt, he's probably going to get back a little bit early and then you're just going to hope that he will come home really well. He's a big rhythm horse and when he gets into his rhythm he usually comes home really well."
Mastercraftsman, the 6-5 favorite, has won four Group 1 stakes in Europe. He prepped for the Dirt Mile with a victory over a synthetic surface in Ireland on Oct. 2. He will be ridden by John Murtagh.
Midshipman – The 2008 Breeders' Cup Juvenile winner galloped at Santa Anita on Thursday morning under the watchful eye of trainer Saeed bin Suroor, who arrived in California Wednesday afternoon.
Running for Godolphin, Midshipman enters the Dirt Mile off just one race since the Juvenile – a 6 1/2f allowance victory by 3 ¼-lengths at Belmont Park on Sept. 18. He missed nearly a year of training from October of 2008 to September of 2009 after he suffered a soft tissue injury in his left foreleg while training in Dubai.
"He won the first time back, he is coming into the race in good form, this is the right race for him, and a chance to see him win again," said bin Suroor.
Mr. Sidney – The 5yo Storm Cat horse went for a late gallop in the final set for trainer Bill Mott, as has been his custom this week, and he seems on edge for the Dirt Mile.
"He's run some big races this year," Mott said of the Circle E Racing runner who won the Firecracker at Churchill Downs and the Maker's Mark at Keeneland on turf. He was second in an allowance on Keeneland's synthetic track in the fall of 2008.
"His one race on synthetic was a very good race, so we're looking for a big effort from him," Mott said. "There are some pretty nice horses in here, so he'll need a big effort."
All five of Mr. Sidney's career wins have come on grass and half of his 12 career starts have been at the 1m distance.
Neko Bay – Zenyatta's somewhat forgotten stablemate – also trained by John Shirreffs, ridden by Mike Smith and owned by Jerry and Ann Moss – galloped Thursday under exercise rider Miguel Rodriguez.
"We're very excited about Neko Bay," said Jerry Moss about the lightly-raced 6yo horse, a homebred who has won four of six Santa Anita starts. "He's been training very well."
Neko Bay is by Giant's Causeway out of the stakes-winning mare Brulay. Moss said the horse is named for a waterway in Antarctica.
"I was told exciting things happen there," he said.
Pyro – The 4yo son of Pulpit, who will retire off his start in the Dirt Mile if he does not pursue one final race in Aqueduct's Nov. 28 Cigar Mile, galloped Thursday morning at Santa Anita. \
Trainer Saeed bin Suroor said he would like to see Pyro make a successful run over a synthetic surface, which he has yet to do after running sixth in the 2008 edition of the Dirt Mile and 10th in the 2008 Blue Grass Stakes.
"This race is very important for the horse," bin Suroor remarked. "He's done good so far for us, and hopefully he runs a good race that will be great for us in the future. He's doing very well."
Pyro comes into the Dirt Mile off a victory in the Sept. 5 Forego Stakes at Saratoga.
Ready's Echo – Perhaps the most versatile of trainer Todd Pletcher's 11 Breeders' Cup entrants, the 4yo son of More Than Ready makes his fourth start on a synthetic surface in the Dirt Mile.
He has never been worse than second on synthetics and galloped 1 1/4m Thursday morning over the main track at Santa Anita.
"He's pretty much a one-dimensional horse, likes to come from pretty far back," Pletcher said. "He wants a quick pace, and hopefully we'll get one."
Little more than a year ago, Ready's Echo found himself running in the 1 1/2m Belmont Stakes. Two months ago he was contesting the top sprinters in the East in Saratoga's Forego and finished a fast-closing third by only a length with Calvin Borel aboard for the first time. Borel will also ride him in the Dirt Mile.
"Calvin rode him in the Forego and rode him very well," Pletcher said. "The horses's style and Calvin's style complement each other pretty well. Calvin really liked him and wanted to ride him again."


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Amelia Maria Ely Howe; to her daughter Emily Howe Marks; to her daughter Amelia Marks; by whom given to the Museum of Fine Arts, Boston (Accession Date: September 16, 2009)
Credit Line
Gift of Amelia Marks in memory of Emily Howe Marks and Frederick Ely Howe, and in honor of their other children: Anne Marks Morgan, Frederick Howe Marks, George Aaron Marks, Jr., and Marjorie Howe Beckler
- Amelia Maria Ely Howe, American, 1874–1932
Sheet: 7.6 x 10.2 cm (3 x 4 in.) Other (Leather Album): 14.6 x 18.4 cm (5 3/4 x 7 1/4 in.)
Accession Number
Medium or Technique
Photograph, silver prints


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Day 10 of happiness – getting in control with food inventories
6 Comments »
I like that … "enjoying certainty"! I feel so much better when my life is reasonably organized. Oh, it's not that I can't be spontaneous … but there is something peaceful and "freeing" when things are organized … it's like I don't have to think about them because they are as they should be.
Okay, ideas: We've found that mixing Wholemeal plain flour with other flour works better than using it by itself. It tends to be "tough" alone but mixed in with other flours give one the fiber without the toughness.
We love mangoes … I'd use the mango puree in a smoothie, heated and drizzled over pancakes/waffles, as a topping for ice cream, in a curry dish or added to a cake recipe (just adjust the other liquids).
Butter beans are one of my favorite foods. An elderly woman taught me how to cook them. She said to fry a little garlic in some olive oil, toss in a little oregano, salt and pepper and then add the beans, tossing to coat them with all the great flavors and warm them through. Mmm! The key is not to overcook them as they have a lot starch and will get mushy. We typically include them in our "Buddha Bowl" which is a bowl with rice, kale (or any greens available) and beans … with a drizzle of ginger sauce over the top. Very calming food and great for one's liver and digestive tract.
I use coconut cream in a really great cauliflower & fava bean curry dish (would be happy to send you the recipe if you'd like).
Molasses … I don't use it much but it's supposed to be really healthy. My mom mixed it into her baked bean dishes for that slightly sweet flavor.
Hope that helps! 🙂
Wholemeal flour? Make bread! The other things on your help list are things I'd have in the back of the cupboard for years, too. Butter beans could be used to pad out a stew, but I think Small Footprints' suggestion sounds a lot nicer! I think molasses is much the same as black treacle, which I use in Christmas cake, but not much else, so one tin lasts me quite a few years. None of these things will go off any time soon, so if they're not getting in the way, they might as well sit there until you come across that Indian recipe that calls for coconut cream and mango, at which point you'll be delighted that you have those things at the back of the cupboard!
Speaking of shelf lives, unless those they've been in the house for quite a while already, I'd question some of the things on your 'within a week' list. Eggs, citrus fruit and root vegetables all last considerably longer than that. I'm busy harvesting my potatoes, which I expect to see me through the winter, if properly stored. Pistachio nuts will certainly last longer, especially if they're salted. Use-by dates are a tyranny invented to keep us shopping!
If you've still got the molasses lying around, you could try making a delicious molasses Parkin for bonfire night?


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On our beautiful farm on San Juan Island, we undertake these activities in accordance with the highest environmental and aesthetic standards.
We cultivate all our flowers in our own organically certified fields and extract the essential oils from these flowers in our own on-site distillery. From these flowers and essential oils, we handcraft on-site a wide range of botanical, culinary, personal care, therapeutic, household and pet care products.
This vertically integrated model of sustainable agriculture enables us to preserve the farmland from further development, protect it from pollution, create employment opportunities for our fellow islanders and provide a destination of natural beauty for islanders and visitors alike.
We believe that these endeavors, pursued with integrity and passion, will provide ample satisfaction in both human and economic terms, and will do full justice to our name…


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oraquick home results
Mar 7, 2013
It's been 2 years since a potential exposure and I took 2 of the home tests. First one I was unsure about how I swabbed my gums so bought another a few days later. Both were clearly negative, nothing faint on t line and a pink c line. can I trust in those results? Thank you
Response from Mr. Cordova
Hi there:
Based on what you are describing - it sounds like a negative test result to me.
In health,
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Kevin Pangos hits 7 3-pointers, scores 31 points to lead No. 13 Gonzaga over Baylor 94-87.
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SPOKANE, Wash. – Baylor picked the wrong night to go up against No. 13 Gonzaga and point guard Kevin Pangos.
Pangos made seven 3-pointers and scored 31 points to lead the Bulldogs past Baylor 94-87 on Friday night.
Pangos, who came in averaging 10 points and making 36 percent of his 3-point attempts, went 10 for 13 and finished two points shy of his career high.
"The big difference was Pangos," Baylor coach Scott Drew said. "If you take his 31 out and give him his average of nine points, it's a completely different game.
"It was one of those games where I felt like every time we got close, they had an answer. We could never make it where it was a one possession game and really put some pressure on them."
Gonzaga's defense prevented Baylor from anything more than a five-point run over the final 10 minutes of the game.
Pangos took care of things on the offensive side for Gonzaga.
"He's fine," coach Mark Few said. "I never was worried about him. As long as he just keeps shooting. He puts way too much time in the gym. He makes way too many in practice to worry about it. You got a guy that works that hard at it, I don't think he was worried, or the staff was worried.
"It was due time for them to start going in."
Kelly Olynyk added 21 points, Elias Harris had 17, and Gary Bell Jr. added 12 for the Bulldogs (12-1), who shot 52 percent from the field (31 of 59).
"Obviously, he was great," Few said. "He really helped stem a lot of their rallies. I thought we did a nice job all night of being able to withstand their rallies. We'd build up a lead and they'd come fighting back. It seems like it happened six or seven times."
Pierre Jackson led Baylor (8-4) with 26 points, Isaiah Austin had 20, and Cory Jefferson added 13. The Bears also shot 52 percent, but attempted 21 fewer free throws than Gonzaga.
"Pierre Jackson has to be the fastest guard I've ever gone against," Bell Jr. said. "When he's coming on the break, it's kind of impossible to keep him in front without getting a foul."
Gonzaga didn't hold a lead until 4:53 remained in the first half but never trailed after halftime, leading by as many as 12.
"It was so fun," Pangos said. "High scoring. When you're a basketball player, you love that. You love defense, too, but you love a high-scoring game. It was nice. They never let us relax. Every time we got a double-digit lead, they came back and made some big plays."
The Bulldogs drew two quick fouls on Austin — a 7-foot-1, 220-pound freshman — after halftime and he went to the bench with three fouls. Harris' basket and free throw gave Gonzaga a 47-38 lead.
"That's one thing that we have, a young front line," Drew said. "Their veteran guys did a good job of getting some good position and also picking up some fouls on them."
Baylor made its first three 3-point attempts of the second half, two by Jackson, to cut the deficit to 49-44. Jackson came in as the Big 12's scoring leader, averaging 19 points and 6.3 assists.
Pangos' second 3-pointer of the second half extended Gonzaga's lead to 62-50 with 12:12 left. Pangos and Olynyk combined to score 15 straight Gonzaga points over a five-minute span.
"He (Olynyk) was very patient," Few said. "He took what they gave him. He didn't rush. He's maturing like we've talked about all year. He played very well."
Olynyk was 9 for 12 from the field and helped Gonzaga shoot 65 percent in the second half.
"First half, we held them to 40 percent," Drew said. "I think a lot of that was because we controlled the tempo more. In the second half, we played a little faster game which got them in transition more. But you're not going to win many games letting somebody shoot 66 percent."
Austin showed off his versatile skills for Baylor, making shots from inside the paint, outside the 3-point line and mid-range jumpers. Jackson and Austin made back-to-back 3-pointers, and Baylor stayed within reach at 62-56.
"You have a 7-foot guy picking and popping, shooting 3's," Few said. "We tried to do something else, and then you'd turn Jackson loose down the lane, and he's something else."
Taurean Prince scored four quick points and drew a charge, leading to a jumper by Austin on the other end, and Baylor pulled within five with 9:39 left.
But the Bears couldn't get any closer.
The first half was a different story. Baylor jumped out to a 8-2 lead in the opening minutes, but Gonzaga made three consecutive 3-pointers to tie it at 13. Jackson scored six straight points for Baylor, and the Bears pushed their lead to 24-18.
Bell Jr. hit a floater in the lane to give Gonzaga its first lead, 30-28, with 4:53 remaining in the half. The basket sparked a 9-0 run.
Austin's baseline jumper ended a four-minute scoring drought for Baylor and cut Gonzaga's lead to 34-30 with 3:28 left. Gonzaga led 38-33 at the break.
The Bulldogs made five 3-pointers in the first half and attempted nine more free throws than Baylor.
The Gonzaga crowd wasn't its usual rowdy self, partially because most students were away during semester break. Gonzaga is 112-8 in the McCarthey Athletic Center. Earlier this month, Baylor ended Kentucky's 55-game home winning streak at Rupp Arena.
Baylor was Gonzaga's fourth matchup against a Big 12 school this season. The Zags have defeated West Virginia, Oklahoma and No. 25 Kansas State. The Bulldogs travel to Stillwater on Monday to face No. 22 Oklahoma State.


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From MeritBadgeDotOrg
|"At least one adult on a pack overnighter must have completed Basic Adult Leader Outdoor Orientation (BALOO)."
In order for a Cub Scout Pack to have a campout, at least one leader must be BALOO trained. In addition, a Local Tour Permit must be submitted to the local council and at least one person must have read and have a copy of the Guide to Safe Scouting. Tiger, Wolf, and Bear dens may not have Den Campouts. Webelos Den Campouts require that at least one leader have completed Outdoor Leader Skills for Webelos Leaders.
Basic Adult Leader Outdoor Orientation (BALOO) is a one-day training event that introduces den leaders, Cub Masters, other pack leaders, and parents to the skills needed to plan and conduct pack outdoor activities, particularly pack camping.
Participants who complete this training course will:
- Understand the focus of the Cub Scout level of the BSA outdoor program.
- Gain the skills needed to plan and carry out a successful Cub Scout-level overnight activity.
- Learn more about the resources available from the BSA for carrying out this activity.
- This training is required for any adult who is in charge of planning a pack campout.
This training program follows the Cub Scout Basic Adult Leadership Outdoor Orientation


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Right now, the California Family History Expo is under way. I'm sure everyone over on the West Coast is having tons of fun. Over here in the East, we have only a little more than a month until the Atlanta Family History Expo (Duluth, GA) on November 12-13th. As I previously wrote, I will be attending this expo. In fact, I have been invited to attend as a Blogger of Honor, which is very exciting. I've never attended a genealogy event before, which makes this event even more exciting for me.
Also, thanks to the folks at Family History Expos, I have two free tickets to give away for the Atlanta Expo! I would like to encourage everyone who is interested in genealogy, from the thinking-about-getting-started to the professional to attend. Because of this, I'm going to make this very simple.
Details: To enter to win these tickets, simply post a comment to this blog post by October 18th at 11:59 PM EST. Please submit only one entry per person. Please make sure that your comment consists of coherent, complete sentences so that I know you're not a spam-bot. I will draw a winner at random, using a random number generator. I plan to announce the winner on October 19th, so please check back to see if you won and for more information on claiming your tickets.
09 October 2010
Going to the Atlanta Family History Expo?
4 comments:
- My Genealogy Girl said...
Congratulations! I plan on attending the Atlanta Expo...it is my first big Genealogy event. I will look for you there!
- 11 October, 2010
- Amy Coffin said...
I'm looking forward to meeting you (and My Genealogy Girl, too)!
- 12 October, 2010
Valerie you are doing a great job on your Genealogy pages. I hope to see you at the Atlanta Expo.
- 14 October, 2010
- Ginger Smith said...
Hi, I am also attending the conference in Atlanta. This will be my first conference and I'm very excited. I look forward to meeting you and many other bloggers there!
- 14 October, 2010
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54 Geometric Wall Arrows Pattern.
20cm x 2,7cm / 7.9" x 1.1"
Color Options:
*Important* Please specify your choice of color in the "message to seller" box, if not specified you will be sent the color used in the photo; Mint and Taupe Grey.
The installation of my wall stickers is a simple procedure that requires some attention to detail on your part to obtain the best results. Detailed instructions and an application squeegee will be sent to you along with a free small test decal to let you get a feel for it before applying your new artwork.
Vinyl Quality:
I use high quality matte finished vinyl that has an outdoor life of 3 years but will last much longer indoors.
While it is removable it is not repositionable.
Your decal should be applied to a clean, smooth surface. It is best not to apply your decal to a freshly painted wall, you should wait at least two weeks.
Colors may vary slightly according to the type of monitor you have.
Living Wall accepts payments through PayPal.
In cases of cancellations and refunds they shall be made via PayPal within 5 working days of agreement.
All items are shipped within 5 business days of receipt of payment and arrival times depend on your location but are usually between 3 and 20 business days.
We ship with registered mail and provide you with a tracking number which can be checked via your local postal service website, we are not responsible for delays of the postal service or customs clearence. International shipping handling costs are not refundable.
I ship to your registered etsy address, if you wish to have the item shipped to another address please specify in your "message to seller" when ordering. You may also request courier services, insurance or gift wrapping if you wish, please contact me for prices.
Living Wall does not take responsibility for any customs fees, taxes, tariffs, duties, etc. that may be incurred at the time of delivery.
To be sure that our colours and our vinyl are suitable for your decorating needs we offer a free sample service so that you can test colours and surfaces. Please send us a convo if you would like a sample. We only use high quality Avery and Oracal vinyl and are not responsible for issues with the buyer's walls or other surfaces. Please request a free sample if you have concerns about the surface on which you wish to apply the decal.
If for some reason you are not happy with your decal I can exchange it for another – shipping costs to be covered by the buyer – if the unused decal is returned within 30 days from the postmark on the package. Custom orders are NOT refundable.
I am really interested to have your feedback so if you have any suggestions, comments or problems please get in touch!
I use high quality Avery and Oracal matte finished vinyl that has an outdoor life of 3 years but will last much longer indoors.
While it is removable it is not repositionable.
Your decal should be applied to a clean, smooth surface. It is best not to apply your decal to a freshly painted wall; you should wait at least two weeks.


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William Carlos Williams
William Carlos Williams (17 September 1883 – 4 March 1963 / New Jersey)
» Click to list general statistics » OR, select a date :
The Hunter In The Snow
The over-all picture is winter
icy mountains
in the background the return
from the hunt it is toward evening
read more >>
- Hits: Number of visitors who read the poem on the given date.
- Posts: Number of visitors who posted the poem to a friend (via e-mail) on the given date.
- Dates that have "0" hits may not be shown on the list.
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My Photo Aquarium Wallpaper
Live Wallpaper | 6.2MB | Update: 2017-10-17 | Version: 1.3 | Requires: Android3.0 or later
Live Wallpaper | 6.2MB | Update: 2017-10-17 | Version: 1.3 | Requires: Android3.0 or later
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DailyDirt: Movie Magic For Everyone
from the urls-we-dig-up dept
- Researchers have constructed 3D models of various celebrity faces from publicly-available images found online, and these face models can be used to re-create arbitrary videos. It's not perfect, so there's definitely some "uncanny valley" moments in a fake video of Obama's face speaking GW Bush's words. It may get more difficult to determine what's real on TV, and voice impersonators could be getting some better roles soon. [url]
- Disney has its own nifty video editing tools, and one called FaceDirector can change an actor's emotions instantaneously. Post production editing might help directors fix scenes without re-shooting, but... can it fix the Star Wars prequels now? [url]
- Photoshop tennis is an amusing game of passing around images to be edited by different artists. Maybe someday there will be a video version -- and Layer Tennis (or whatever it'll be called) won't be limited to Adobe products? [url]
- Apple just bought a smaller company called Faceshift -- gaining the ability to capture facial expressions and create real-time avatars. It's anyone's guess what Apple will do with this tech, but pretty soon we'll all have the ability to be like Andy Serkis. [url]