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By Chief Justice Gerald W. VandeWalle
Wednesday, January 6, 1999
Good Afternoon. I am pleased to again be given the opportunity to appear before you and present the message on the State of the Judiciary. One of the Chief Justices from another State who does not currently have this privilege asked me if I thought it was worthwhile. I told him I thought it was but he really should ask the legislators who sit and listen what they thought.
Warren Burger in a speech several years before he became Chief Justice said "Had Rip VanWinkle gone away and come back today . . . and if he went into the courts, the principal changes he would have observed would have been the wearing apparel, the increased number of judges and the air conditioning. Most of the rest would be the same as when he began his legendary exile in the Catskill Mountains."
Last May I spoke to the finalists in the Know Your State competition at the University of Mary and reviewed briefly the history of the North Dakota Judicial System. I observed that, compared to the legislative and executive branches, the Judiciary had undergone extensive substantial change since Statehood. I told them:
"The Judiciary . . . has undergone extensive structural change; the increase of the Supreme Court bench from three to five being a minor change. This State at one time, not all that long ago, had a substantial number of judicial officers - judges who were not law trained. Although the Constitution provided for the supreme court judges and district court judges, the district court being the general trial court, to be 'learned in the law,' the Constitution authorized the legislature to create a large number of limited jurisdiction judges to handle the day-to-day kind of minor legal issues that arise. Most notable were the justices of the peace, few of whom were law trained. Every county, organized civil township, city, or village was authorized to have a justice of the peace, and most did at one time. Their jurisdiction was limited and they were paid from the fees and fines they collected, a practice later found unconstitutional by the U.S. Supreme Court. We had some very good lay justices of the peace. Unfortunately there were some who were interested only in the fees.
"In addition, every county had a county judge who handled probate matters, most of whom were also not law trained, and, a few counties had county courts with increased jurisdiction who were law trained. There were also city judges and police magistrates, many of whom were not law trained.
"After a bitter debate over the use of non law-trained judges over several legislative sessions, the Legislature in 1959 abolished the justice of the peace effective July 1, 1961, and instituted a system of county justice courts which called for law trained judges. Since that time there has been a somewhat consistent reorganization and restructuring of the trial court system until today we have only one level of trial courts instead of the three that previously existed. The result was a change from a system of literally hundreds of part-time and full-time judges, to a point where, by years end, we will have 43 full-time law trained trial judges. By law we are required to have just 42 trial judges in the entire State by January 1, 2001. This excludes only city judges whose jurisdiction is limited to violation of city ordinances. So the third branch, the judicial branch, has undergone by far the greatest transformation since statehood."
If Chief Justice Burger were to come back today, at least to the Courts of North Dakota, he would have to retract his words. Our attire may be different, we - at least many of us - have air conditioning, but our number of judges has decreased and much of the rest is also changing. I want to discuss with you some of those recent changes and plan for future changes.
Standing before you two years ago, I ended this message on the State of the Judiciary by quoting the words of former Justice of the United States Supreme Court Thurgood Marshall: "We must never forget that the only real source of power that we as judges can tap is the respect of the people." The Conference of Chief Justices recognized that public trust and confidence in the integrity and responsiveness of the court system is essential to the fulfillment of the mission of the judiciary. In cooperation with the American Bar Association, the Chief Justices called for a national symposium on the subject of public trust and confidence. Each State is to form a Committee and generate topics for the national symposium. The North Dakota Committee - some 21 people from all walks of life - is chaired by Justice William Neumann. I have charged this Committee to give us its recommendations for improving the public's trust in the rule of law. We have already learned we are not doing enough to inform and educate our people as to our system of justice. Once we receive the Committee's recommendations, we will share this with you and ask your support in implementing them to the end that the public, although not necessarily agreeing with every judicial decision, will nevertheless have confidence in the system of justice which produced that decision.
In 1997, in addition to an interim study you approved at my request, through provisions in the appropriations bill for the judicial branch of government, you also charged us with recommending through our budget the funding necessary to efficiently fund administration of the district courts including provisions relating to the Clerk of Court. It came at the time the State is engaged in transferring the collection and remitting of child support payments from the Clerk of Court to the State Human Services Department.
Without hesitation I tell you the Clerk of Courts issue is the most publicly contentious issue to come before the Court in the 20 years I have served on the Court. We sought a study through the National Center for State Courts. That study was a lightening rod which drew much opposition. As a result, the Court, the Bar, and the Interim Judiciary Committee sought the services of the North Dakota Consensus Council for the purpose of seeking some common ground on the matter of Clerk of Court and the delivery of services to the various counties. That process resulted in a bill which I understand will be introduced into the Session by individual legislators. The bill is not a perfect solution to many of us, but I believe it may be the best accommodation of the various interests which we can presently achieve. It leaves some county options, while empowering the Court to determine that adequate services are being provided. The price tag is not cheap. Although there are some one-time costs which we have budgeted for, the cost for the last six months of the 1999-2001 biennium when the bill will be effective is some three million dollars. Whatever happens with this legislation, if you determine to materially change the direction, I ask that you do so in consultation with the Clerks of Court, the County Commissioners, the Bar, and our Court.
In the Judicial Branch appropriation bill for this biennium the Legislature substantially changed the funding for the disciplinary system to require that each lawyer licensed in this State pay a fee of $50.00 for the discipline system in 1998 and $75.00 for 1999 and each year thereafter and reduced the general fund appropriation. The staff for the disciplinary board also serve as the staff of the Judicial Conduct Commission. Because of the appearance that the Court could attempt to control the staff activities in the disciplining of judges, if not lawyers, the Court does not directly oversee the activities of the Disciplinary Board or the Judicial Conduct Commission. On petition of the Joint Attorneys Standards Committee, the Court created an Operations Committee composed of one member or former member of the Disciplinary Board, one member or former member of the Judicial Conduct Commission, and one member of the Board of Governors. The State Court Administrator serves ex officio as a non voting member. The Operations Committee is responsible for the fiscal management of the lawyer disciplinary system. The budget we have submitted reflects the amount expected to be paid by licensed lawyers and an amount to pay the share of operations of the Judicial Conduct Commission. We believe the shared staff is more economical and more effective than creating a separate office, including staff, for the Judicial Conduct Commission.
Juvenile Drug Court Planning Committee
The Supreme Court through its Juvenile Policy Board established a Juvenile Drug Court Planning Committee in October of 1998. Chaired by Justice Mary Muehlen Maring, the committee consists of sixteen members from across the state. Each provides a unique perspective in evaluating this new and exciting project. The mission of the committee is to study juvenile drug courts already in place in other regions of the country, and to recommend whether a pilot drug court should be implemented in one of the judicial districts in North Dakota.
Topics the committee is studying to determine whether North Dakota should establish a drug court pilot project include: how juvenile drug courts operate; North Dakota juvenile drug and alcohol statistics; current processing of juvenile cases in North Dakota; public and private treatment services available in North Dakota; the role of the Department of Corrections in providing treatment to juvenile offenders; the role of the Department of Health in dealing with at risk youth; law enforcement involvement with juvenile drug abusers; and the role of North Dakota schools in the area of juvenile drug and alcohol abuse.
As a result of rapidly escalating costs in bringing criminals to justice, Governor Schafer has discussed with you proposals to provide some alternatives to incarceration for certain parole violations. I applaud those efforts and I hope they foreshadow increased efforts by all of us to work together to develop sentencing alternatives.
Those increased costs of incarceration, due in part to the increased number of convictions, are reflective of the increase in costs of criminal defense. When the Legislature increases the penalty for a crime or makes mandatory a specific sentence for a person convicted of a crime, the cost to enforce those penalties increases correspondingly. Costs for counsel for indigent defendants continue to rise in greater proportion than most other costs of the judicial branch. Our budget contains a request for a 10% increase for this purpose over last biennium. The requested increases were considerably greater but the Council of Presiding Judges, at the request of the Court, reduced the requested increase in half.
Not surprisingly, by far the greater number of people who are defendants in criminal actions are indigent. I suggested two years ago the time is coming when together we must examine whether a public defender office should be established to provide legal defense to indigent people accused of a crime. I doubt a government agency could assume the services as economically as our current contract system, but escalating costs appear to be a problem which will not abate and all alternatives should be considered so we have the most effective and most economical indigent defense system possible.
Last session you enacted legislation which provided more funds for delivery of civil legal services to the poor. I thank you for the increase you authorized for the civil legal services fund. These are people accused of no wrong doing; rather they are people who have legal problems - like the general public. In some instances those problems are greater and more acute because of their poverty. That increase, resulting from raising the amount of the filing fee deposited to the Civil Legal Services Fund from $10.00 to $15.00, has so far this biennium made an additional $5,000 per month available. This is particularly significant since the program using Interest on Lawyer Trust Accounts (IOLTA) to fund legal services is in jeopardy under a recent ruling of the United States Supreme Court. Although no state having IOLTA has yet discontinued the program as a result of the ruling, we are aware that the final outcome of the litigation arising out of Texas could result in changes to the program.
You have taken steps in past sessions to protect the victims of domestic violence through such methods as authorizing courts to require the surrender of firearms and authorizing a law enforcement officer to arrest without a warrant upon probable cause that the perpetrator is violating an order prohibiting contact between the perpetrator and victim. Unfortunately, the incidents of domestic violence continue to increase and continue to form a major portion of crimes of violence in North Dakota. Those incidents do not always involve only adults. Increasingly they include violence by children against parents or parents against children, sometimes babies. We have recommended for your consideration a bill relating to recognition and enforcement of foreign domestic violence protection orders, that is orders issued by another State, a tribal court, the District of Columbia or a commonwealth, territory, or possession of the United States. This legislation sets the statutory structure for implementing the full faith and credit requirements of federal law. I ask your favorable approval in this fight to protect the population of North Dakota from this scourge.
Important as is the need to isolate perpetrators and protect victims, I urge you to also examine the phenomenon to determine if there is something we as a government can do to prevent the abuse before it happens. Last session you approved a resolution to establish a task force to study the matter but it was not finally selected as a study project. I understand your human and financial resources, like that of the judicial branch, are limited. However, I hope you will again consider a study. The low prices for farm commodities, the low price for oil and the threat to our lignite industry will only increase the stress many of our people face. Stress is not an excuse nor is it by any means the only factor in domestic violence, but it is a factor and we may see yet a continued level in domestic violence.
Family Law
Two years ago I reported to you that a Joint Task Force on Family Law was formed following adoption of Administrative Order 5. The Task Force's charter was to review existing family law procedures, evaluate the need for changes, and make recommendations. The Task Force submitted their final report to the Supreme Court on June 10, 1998.
The Task Force recommended two statutory changes, designed to streamline divorce and child custody procedures, both of which were passed by the Fifty-Fifth Legislative Assembly. (NDCC 14-09-06.6 and 12.1-20-09) Recommendations were also made concerning expanded use of lay guardians ad litem. A mandatory training program and a draft rule are under study. The Task Force also recommended the Rules of Court be modified to provide for an eighteen month test of summary procedures in domestic relations cases. We adopted Rule 8.5 authorizing summary procedures in two districts if elected by either party and authorized by the judge. The summary procedures are designed to resolve the case in a spirit of cooperation. Unfortunately only about 25 couples consented to the summary procedures during the eighteen month test period. These cases typically involved only the husband and wife with no children. Although the participation rate was less than anticipated, the judges who participated remain enthused.
On August 26, 1998, I sent a letter to the Presiding Judges in the Northeast Central Judicial District, Southeast Judicial District and South Central Judicial District authorizing them to each develop a local rule for family law mediation. It is my belief that mediation can provide a valuable alternative in family law cases. It is my hope that we will gain valuable experience and knowledge as a result of these pilot programs.
Joint Dispute Resolution Study Committee
In 1995, as a part of a health care reform bill, you appropriated money to the Supreme Court for a study of alternative dispute resolution options, including health care malpractice claims. We established a Joint Dispute Resolution Study Committee and, after numerous meetings, the Committee submitted its final report on June 30, 1998. The Committee is recommending changes to Rule 16, N.D.R.Civ.P., and the adoption of two new North Dakota Rules of Court to promote and facilitate the use of alternative dispute resolution processes.
The proposals of the Joint Dispute Resolution Study Committee have been referred to the Joint Procedure Committee for further study and recommendation to the Court.
The new provisions implement case-management techniques to encourage consideration of ADR in the early stages of litigation and to encourage attorneys and courts to educate the parties about ADR. The proposals also establish qualifications for mediators and provide for a court maintained roster of private mediators. The new provisions do not explicitly require the use of ADR, but they promote and encourage ADR and I believe we should continue to seek methods of providing quality alternative dispute resolution mechanisms to litigants at the lowest cost available.
Gender Fairness
Our program to eliminate gender bias in the judicial branch continues. A Committee to implement the recommendations of the North Dakota Commission on Gender Fairness in the Courts has been established. That Committee, chaired by Justice Mary Maring, is most active and has produced a handbook, A Judges Guide to Gender Fair Court Proceedings, as well as several educational programs. We are far from perfect in this area but I believe we have made substantial progress toward our goal of gender fairness.
Case Filing Trends
In past State of the Judiciary presentations, I have carefully avoided boring you with detailed caseload statistics. I don't intend to change at this point but, since we have combined the county courts and district courts and reduced the total number of judges from 53 to 43, a few general observations may be in order.
Comparing 1995, the first year of court consolidation, to 1997, the most recent year for which we have statistics, we see a four percent increase in case filings in district court. Civil filings continue to decrease each year. The drop from 1995 to 1997 is 4.8%. Criminal filings continue to increase each year. The increase from 1995 to 1997 is 8.7%. As a general observation, the district court workload increases at about two percent per year.
It is a statistical fact that your district court judges are doing "more with less." I am very proud of how they have met the challenge to manage an increasing workload with ten fewer judges than we had in 1991. We must all watch to insure this does not lead to shortcuts at the expense of justice or diminished service to the people of North Dakota. This is not the case at the present time.
Judicial Salaries
Like other elected and appointed officials, Judges salaries are significantly behind the salaries of Judges in many States in our area. Our Judiciary budget request for the next biennium includes a request for 5% salary increase in 1999 and in 2000 for judges and justices. This increase will return some salary compatibility with state judges in other states. In evaluating our request, I ask that you consider the savings which will be returned to the General Fund from three judgeships abolished in the 1997/99 biennium. These savings amount to $316,000 in the current biennium alone. It seems only fair that the judges who are picking up the additional workload from the reduction in the number of judges should receive some reward for their additional workload.
Information Systems
Two years ago I reported our initiative to develop programming changes that will permit criminal judgments to be entered into a computer in the courtroom with direct entry into the court's information system, UCIS. We have now developed a format that is compatible with the States Attorney Management System, SAMS. Data will soon be available for electronic transmission to the states attorney's office upon request, providing their system is on the same AS400 as UCIS. Our next step is to find a way for AS400s to talk to each other so the data can be shared by all with a need. We are optimistic this can be accomplished. This will eliminate double entry, improve accuracy and save time. It will also assist the state in complying with federal mandates for data sharing.
All chambers are connected and have access to e-mail, the Web and the Court's automated information system. Docket management and case scheduling are available to all judges through UCIS except Cass County, where the judges have access to a related county funded program. Several non-chambered counties have requested similar connections. We would like to provide this service, but we are unable to do so because of current staffing limitations. We do not want to expand our system beyond what we can support.
Justice Dale Sandstrom continues to receive acclaim for his Supreme Court web site. This piece of technology has become a significant search engine for lawyers and an important source of court information for the public.
In addition to the bill concerning full faith and credit to be given to domestic violence protection orders issued by tribal courts and courts of other States, which I have already discussed, we ask your favorable consideration of the following legislation.
Intermediate Appellate Court
In 1987 you enacted legislation in accord with Article VI, section 1 and 6 of the North Dakota Constitution, establishing a temporary Court of Appeals composed of Surrogate and District Court Judges to which the Supreme Court can assign cases on appeal and whose decisions can be reviewed in the discretion of the Supreme Court. That legislation contained a sunset clause which you extended in 1989, 1993 and 1995. We ask you to extend that authority for another four years. We did not assign cases to the Court of Appeals for several years but with the advent of Justice Meschke's retirement, when four of us assumed the opinion writing until our new colleague joined the bench, and faced with an increasing caseload, we have in this past year called five panels of the Court of Appeals. This tool helps us to manage our caseload without a permanent intermediate appellate court and has proven valuable over the years when illness, resignation, retirement, or a sudden increase in appellate cases have occurred.
Jury Selection
We discovered during the 1997 flood in Grand Forks County that when a natural disaster occurs it may be difficult to call a jury because the populace has been displaced from their residences. We ask authority be given the Supreme Court to authorize the district court in the affected county to call qualified jurors from other counties in the district when a natural disaster impairs the selection of a sufficient number of prospective jurors in the county.
Disability and Survivor Benefits
Two tragic events this biennium, the accidental death of one of our judges and the onset of a debilitating illness of another judge, brought vividly to our attention the obvious fact the disability and survivor benefits under the judge's retirement program are not adequate. We support a bill introduced at the request of the Public Employees Retirement System to improve those benefits. We also ask you continue the past retirement adjustments for judges you authorized in the last legislative session.
Justice Herbert Meschke retired October 1, 1998. His contribution to the Supreme Court and to the legal precedents established by the Court is significant. We miss him. We welcomed to the Court on November 1, 1998, Justice Carol Ronning Kapsner, who has already established herself as a worthy replacement.
Last session you approved the submission of a Constitutional Amendment providing that an appointment to fill a vacancy in the Supreme Court or District Court must continue for at least two years and that if the term of the appointed judgeship expires before the judge has served at least two years, the judge will continue to serve until the next general election immediately following the service of two years. That Amendment was approved by a substantial margin due in large part to the efforts of members of the Bar.
I note in mourning, the untimely death of Judge James Wright of Jamestown on November 4, 1997. Judge Wright was a person of quality, of intelligence, of honor and wit, and of superb judicial temperament.
Since I last spoke to you we have eliminated three more judgeships. The judgeship held by Judge Wright at the time of his death was not filled. Judge William Hodny of Mandan retired March 11, 1998, and Judge Wallace Berning of Minot retired December 31, 1998. These positions were not filled. In addition to Judges' Hodny and Berning, Judge Dennis Schneider of Bismarck retired for health reasons. Judge Robert Wefald was elected to that judgeship. Judge Laurie Fontaine replaced Judge Thomas Metelmann in the Northeast Judicial District. As of today, we have 43 trial court judges in all of North Dakota hearing cases involving non-criminal traffic violations and small claims to the most serious criminal felony cases and the most complex civil litigation. We are to be at 42 judges by January 1, 2001.
On the lighter side, as we prepare for a new century, I thought I would review a copy of the Session Laws of 1899 to see what the "hot button" topics were 100 years ago as they prepared for the 20th Century. A resolution urging Congress to provide pension for union workers of the Civil War, the establishment of a twine plant at the Penitentiary, grasshoppers, noxious weeds, education, highways, and a bill requiring a continuance of cases when an attorney in the case is a member of the Legislature or any party to the pending case is a member, were topics of the day. Interestingly, there was a bill codified as Chapter 64, of the 1889 S.L., which provided that the salaries of the Clerk of Court were to be regulated by the value of the property in the county as fixed by the Board of Equalization. The fees charged by the Clerk were to be deposited in a fund out of which the Clerk's salary was to be paid. Of even greater interest, the bill contained a clause declaring an emergency because "Whereas, by existing law the various counties of the state are not sufficiently reimbursed for the salaries paid to clerks of the District Court and it is essential that said counties be relieved as soon as practicable . . . ." There are some matters which are constants!
In scanning the House Journal for the 1899 Session, I noted that Governor Devine, who became Governor in August 1898 on the death of Governor Briggs, gave a State of the State Message followed by an inaugural address by Governor-elect Fancher. Governor Devine had some interesting comments on finances: "The condition of the state treasury is one easily comprehended. We have awakened to the realization of the simple fact that disbursements are in excess of receipts." He went on to say that as a state we "have been somewhat reckless and careless in our appropriations of the public funds" (certainly no one will accuse the present day Legislature of that action) and that in "originating and supporting educational, charitable, reformatory and other institutions and supposed needs, have led us too far away from our resources."
Governor Devine had one other message you might find of interest. He said: "It is not the volume but the merit of the laws enacted that will measure the wisdom of your proceedings. Acts of indifferent merit that meet no public demand; introduce no reform, will work an unintentional injury. Such acts, without preserving sufficient demerit to provoke an early repeal, lower the character of our statutes and add confusion to the perplexities of our laws." Thank goodness he didn't have anything to say about opinions of the Supreme Court!
Notwithstanding Governor Devine, in a more serious vein in closing, what you do in this legislative session will affect not only our State for the next two years, your actions in these next three months will affect the generations to come. I pledge the cooperation of the judicial branch as you chart our State's destiny.
I conclude with another statement from Warren Burger. "Like generals who have had no wars for a generation are out of practice, we judges have perhaps been sluggish in responding to the new way of trying legal and factual issues. But in time we do respond."
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 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 Sandstrom chairs the committee.
Among other projects, the committee is studying reforms to activate and empower jurors such as by allowing juror questions, note taking, predeliberation discussion, preliminary substantive jury instructions, and assistance for jurors at impasse. The committee also recently approved two new rules defining the role and responsibilities of custody investigators and guardians ad litem.
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 by Dan Crothers of Fargo, is comprised of members appointed by the Chief Justice and the Board of Governors of the State Bar Association. During 1998, the committee completed an intensive review of rules governing the operation of the lawyer discipline system. As part of its review, the committee submitted a proposed rule, adopted by the Supreme Court, which established an Operations Committee to oversee fiscal and personnel management of the lawyer discipline system. The joint committee also submitted a series of amendments to the Rules for Lawyer Discipline which are intended to procedurally streamline the operation of the discipline system.
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. During 1998, the committee, reviewed draft amendments to the Code of Judicial Conduct which were submitted by the Gender Fairness Implementation Committee. The amendments to Canon 3B(5) and (6) provide examples of gender-biased conduct to be avoided by judges and emphasize a judge's obligation to control conduct in the courtroom. The committee recommended the proposed amendments to the Supreme Court for consideration and the amendments were adopted effective June 24, 1998.
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. During 1998, the committee initiated a review of the system's administrative structure and the effectiveness and efficiency of the administrative operation of the trial courts. An appointed subcommittee is conducting this review, which will include an analysis of the present role of the Council of Presiding Judges, the Judicial Conference, and the advisory committee process.
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. During 1998, the committee developed draft legislation intended to implement the requirements of the federal Violence Against Women Act concerning full faith and credit recognition and enforcement of foreign domestic violence protection orders.
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 1998, the committee reviewed 33 commission recommendations in six categories: professional conduct, jury service, domestic law, domestic violence, criminal law, and judicial system as employer. The committee prepared draft amendments to the Code of Judicial Conduct for consideration by the Judiciary Standards Committee, coordinated an educational program for North Dakota judges on bias in the courts, and developed a guide to gender fair court proceedings to be used by judges in meeting their obligation to ensure a bias-free court environment.
Committee on Public Trust and Confidence in the Judiciary
The Committee on Public Trust and Confidence, chaired by Justice William A. Neumann, was established in late 1998 as part of a national initiative to gauge the public's perception of court systems and identify issues that affect the public's level of trust and confidence in the courts. The committee will also form the basis for a long-term effort by the North Dakota judiciary to learn more about the needs of citizens in the area of court services and to determine how to most effectively meet those needs. The committee engaged in two extended meetings designed to identify issues and perceptions that may compromise public trust and confidence in North Dakota courts and to develop methods for addressing those concerns.
Personnel Policy Board
A single 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. The committee will soon be completing a project to automate data transfers between the Attorney General's Office and the Judiciary. The committee is currently researching technologies related to interactive video conferencing and is developing a plan to ensure the Judiciary information systems are compliant with the year 2000.
The North Dakota Judicial Conference is chaired by District Judge Kirk Smith of Grand Forks. 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 Gary Holum of Minot. The committee monitors various proposals affecting judges' salaries and retirement benefits.
Judicial Ethics Advisory Committee
The Judicial Ethics Advisory Committee, chaired by District Judge Burt Riskedahl of Bismarck, 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. During 1998, the committee initiated a thorough review of the state's standards for jury use and management and its jury selection plan, as well as an analysis of issues concerning juror qualification, juror confidentiality and statistical data on the composition of prospective jury pools.
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 committee makes recommendations to the Supreme Court regarding the application and operation of Administrative Rule 21.
The North Dakota Legal Counsel for Indigents Commission, chaired by Constance L. Triplett, Grand Forks, identifies and reviews issues concerning the operation of the indigent defense contract system. During 1998, the commission surveyed contract counsel to gain information on the operation of the contract system. Based on survey information and an analysis of applicable policies and practices, the commission submitted a report to the Council of Presiding Judges which provided the commission's assessment of the administration and operation of the contract system.
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 Pat Durick of Bismarck, 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 Bruce Bohlman of Grand Forks. 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 Allan Schmalenberger of Dickinson. 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, including the local Children's Services Coordinating Committee, which have been authorized by the legislature. These committees, thanks in no small way to the leadership of Lt Governor Myrdal, who chairs the state committee, have been instrumental in developing local services for children and families. These services are used extensively by the juvenile courts, allowing the juvenile courts to concentrate on the segments of the balanced approach previously mentioned.
Justice Mary Meuhlen Maring is leading a task force to determine whether a pilot juvenile drug court should be implemented in our state. These courts have shown significant results in many communities. Justice Maring's task force will determine if such a court fits in our state and what community resources must be marshaled for such a court to succeed.
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 and at least four years of practice in another jurisdiction; and, 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 1998, to 40 individuals.
The State Bar Board is also responsible for collecting annual license fees. As of November 30, 1998, 1,841 lawyers and judges, 368 of whom were women, were licensed. In 1997, 1,853 lawyers and judges, 369 of whom were women, were licensed.
The Disciplinary Board of the Supreme Court was created in 1965 to provide a procedure for investigating, evaluating and acting upon complaints alleging unethical conduct by attorneys licensed in North Dakota.
The board consists of three non-lawyer and seven lawyer members. Dwight F. Kalash, Grand Forks, serves as chairman. The members of the board are appointed by the Supreme Court. The non-lawyer members are appointed from a list of individuals submitted by the State Bar Association, the Attorney General and the Chair of the Judicial Conference. Each lawyer member is appointed from a list submitted by the State Bar Association. Vivian E. Berg serves as Disciplinary Counsel and Paul W. Jacobson serves as Assistant Disciplinary Counsel. Penny Miller, Clerk of the Supreme Court, serves as secretary to the Disciplinary Board.
When a written complaint alleging attorney misconduct is received, it is filed by the board's secretary and referred to either the District Inquiry Committee East or West of the State Bar Association. The chair of the respective 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 initiated and the matter will be referred to the committee for summary dismissal. District Inquiry Committees may dismiss, issue an admonition, impose probation with the consent of the respondent attorney, or direct that formal proceedings be instituted.
Formal proceedings are instituted when there is probable cause to believe that misconduct has occurred. When a matter goes formal, a petition for discipline is filed and a hearing body is appointed by the chair of the board to make findings and a recommendation to the board. Present and past members of the Board may serve as hearing body members. The Board may dismiss the petition, issue a reprimand, impose probation or recommend other appropriate sanctions, with the exception of an admonition. The Board makes its recommendations to the Supreme Court for public discipline such as suspension or disbarment.
Members of the Disciplinary Board and the District Inquiry Committees are volunteers and are asked to review what, at times, can be very time-consuming matters. While many complaints are dismissed because they are groundless, the amount of volunteer time needed to run the system is significant.
A majority of the complaints filed allege improper conduct or incompetent representation. Several complaints regarding failure to communicate with the client, conflict of interest, client funds & property, and neglect or delay are also received. In 1997, 185 new complaints were filed. As of November 30, 1998, 184 files alleging misconduct have been opened. In 1997 through November 30, 1998, three attorneys were disbarred, seven attorneys were suspended from the practice of law, seven (public) reprimands were issued, 35 admonitions were issued, and one admonition with consent probation were instituted. Two attorneys were reinstated or returned to active status.
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 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.
Thirty-six complaints were filed fin 1997. Of these, 32 were against district judges, three against referees, and one was against a municipal judge. Sixty-four complaints were filed in 1998 as of November 20, 1998. Of these, 56 were against district judges, six against referees, one against a municipal judge and one other. 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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My apologies for the lack of blog posts recently. Homework has been totally kicking my blogger butt. Architectural Drafting and Marker Rendering are quite the time consumers. But check out the chairs I rendered!
On another note... I actually have been fulfilling one of my new year resolutions! Yep, for real, I haven't forgotten about them yet. I went to an ASID trade show last week and guess what!... I won a Macy's gift card from Arizona Tile. Yay! Isn't it pretty?!
It even kinda matches my nail polish. Seems like it was just waiting to be in my fingers! But anyway... here's a snap shot of this awesome tile they had in their showroom that looks like wood. I'm totally loving it right now.
Purdy right? Well I hope ya'll are having a good week. Over and out!


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Julio Mora had Northridge's best time in the 3,000 meter steeplechase running 10:45.23 at the Cal-Nevada Championships to place 16th ... also ran season-bests of 16:49.29 in the 5,000 meters and 9:28.93 in the 3,000 meters ... clocked a career-best 4:11.34 in the 1,500 meters at the Occidental Invitational.
Mora competed in track and cross country and football at John Marshall High School in Los Angeles, Calif. ... was a team captain for the Barrister's cross country team ... won league cross country team championships in 2006 and 2008 and league track & field championships in 2007, 2008 and 2009 ... graduated in 2009 with a 3.0 grade point average.
Born October 9, 1991 in East Los Angeles, Calif. ... mother is Maria Mora ... favorites include the Indianapolis Colts, runner Steve Prefontaine, actors Clint Eastwood and Ellen Page, "The Simpsons" and the movie "The Dark Knight" ... favorite website is YouTube ... says his greatest moment in sports was "when my high school won the league championship in cross country" ... says the best thing about being an athlete is "competing against other schools" ... lists Alexander the Great as the one person in history he would like to meet ... major is undecided.


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Integrated Circuit Image Gallery
Weitek Math Coprocessor
In 1988, upstart semiconductor manufacturer Weitek released math coprocessors that were able to perform most functions featured by the Intel 80387 math coprocessor when matched with the wildly successful 386 processors. Because Weitek math coprocessors used system random-access memory (RAM), 386 motherboards supporting these chips were significantly faster than those seating i387s.
View a medium magnification image of the Weitek math chip.
View a high magnification image of the Weitek math chip.
Weitek released models including the 1164/1165 Weitek floating-point unit (FPU) and the 1167 Weitek math coprocessor. The Weitek 3167 replaced the 1167 chip for the 386 processor while the Weitek 4167 was marketed as a numeric coprocessor matched to the 486 microprocessor.
Not completely compatible with the 387 processor however, the Weitek chips created some error messages with standard drivers. Because floating-point hardware differed from manufacturer to manufacturer, differences resulted when performing calculations that involved floating-point numbers caused by varying numerical techniques for handling rounding, truncation, and conversions. The Intel counterpart featured a double-precision mantissa while the Weitek math coprocessor ultimately failed high-precision solutions due to its limited single-precision mantissa. Code for many RISC computer brands, such as NEC, demanded double-precision versions of source code or the use of an auto-double option at the time of compilation because they were designed to operate with 64-bit systems. Many personal computers, such as those produced by Epson, did not support Weitek math coprocessors while others provided a separate socket for the speedy competitor with a distinctive pattern featuring 3 rows of pins on all sides.
In the late 1980s, computer-assisted drawing (CAD) programs were the rage and many took full advantage of the speed edge offered by the Weitek math coprocessors by incorporating their unique machine code. Quattro Pro, the speedy spreadsheet software that took on the industry giant, Lotus 123, added versatility by employing either Intel or Weitek math coprocessors. Some experts believed that the Weitek silicon devices might have been even faster than the Pentium and some of the other more advanced personal computer microprocessors. However, utilizing system memory meant that an allocation of address space was required to properly use these Weitek coprocessor chips.
Contributing Authors
Omar Alvarado, Thomas J. Fellers and Michael W. Davidson - National High Magnetic Field Laboratory, 1800 East Paul Dirac Dr., The Florida State University, Tallahassee, Florida, 32310.
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Wallrides demand commitment. A rider needs enough speed during the approach, or run-in, to glide through the transition and climb the wall to their highest potential. A good hot wax is a necessity whenever tuning your ride. It can never hurt and always makes a noticeable difference in speed-especially when you nail the temperature of wax for the snow conditions. For wallrides specifically, though, it's just as important to make sure the edges of your board don't hang up or catch during a trick.
As always, the edges at the tip and tail of your board should be rounded and smoothed with a file or "stone." If your board has a metal edge all the way around the nose and tail (full-wrap edges), it's only to increase durability and not to help you turn-so don't worry about dulling the edge along this part of your board.
The next step is to slightly "bevel" the base edges (there are two sides to a board's edge, base and side) away from the P-tex of the base along the rest of your board-especially between the bindings. This will allow you to hold an edge while turning, and it will also prevent you from digging into the wall or coping as you grind through in style.


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Paula Deen has had a rough week, but maybe she can cha-cha her way out of scandal on "Dancing With the Stars."
The celebrity chef has been approached to join the cast of ABC's dance contest this fall, according to a report on VH1.
Whether Deen will actually break out her boogie shoes remains unknown. ABC declined to comment, while a Deen spokeswoman did not immediately return an email. In 2010, Deen said she'd been asked to do the show but declined, adding: "Fat girls don't look good sweating."
PHOTOS: Hollywood backlot moments
But such a move could now be good for both parties. "DWTS" saw ratings erosion this past season as the celebrities failed to ignite much enthusiasm among viewers. A polarizing figure like Deen -- who became embroiled in scandal after admitting to using the N-word in the past -- could give the show the kick it needs to become relevant again.
Deen, meanwhile, would be able to stay in the public eye without reminding people of what got her into trouble. "DWTS" has a long history of exploiting famous people with divisive personas, including Bristol Palin and Kate Gosselin.
PHOTOS: Hollywood headlines, a week in review
The former host of "Paula's Best Dishes" may need some good exposure. Food Network, Wal-Mart and other partners dropped her in the wake of the scandal. And on Friday, Sears and Kmart announced that they, too, would no longer sell Deen-related merchandise in their stores.
Would you watch Deen on "DWTS"?
Bert & Ernie, gay icons? New Yorker says yes
Beardless 'Duck Dynasty' brother will join the show
Was Alec Baldwin's wife really tweeting at Gandolfini funeral?
Twitter: @scottcollinsLAT
PHOTOS: TV shows and their spinoffs
Overrated/Underrated 2014
PHOTOS: 101 best-written TV shows of all time


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Santos have offered Neymar a lucrative new contract in a bid to ward off interest from a host of Europe's top clubs, including Chelsea, Manchester City, Real Madrid and Barcelona, reports Sky Sports.
The 21-year-old forward is widely regarded as one of the brightest young talents in world football, with constant speculation linking the South American with a move away from Brazil.
Premier League and La Liga giants are all monitoring Neymar's situation, with a view to potential bids for his services when the transfer window reopens this summer.
However, their respective hopes of winning the transfer battle that is likely to ensue have now been dealt a significant blow, in light of the latest Santos offer.
"Santos have now offered us a deal for him to renew his contract," confirmed Neymar's father and agent, at the recent Laureus World Sports Awards in Brazil. "But we will have to wait and talk to them.
"It is very difficult to see him leaving before 2013 although we will have to think about what is best for him."
Neymar has frequently spoken of his desire to remain in his homeland until after the 2014 World Cup, but that has done little to quash the regular rumours and transfer talk.
Manchester City officials reportedly met with Neymar's representatives at the recent international friendly between England and Brazil at Wembley which celebrated the Football Association's 150th anniversary, while Chelsea have held a long-term interest in bringing the star to Stamford Bridge.
Barcelona are regularly talked about as favourites to secure Neymar's services when he finally leaves Santos, and Real Madrid's name has been thrown into the hat, just like it is with most of football's other world-leading stars.


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Goffine's Devout Instructions – Feast of the Holy Innocents
The account of the martyrdom of these children is given in the gospel of today. The Church justly honors them as martyrs, since they confessed Christ, if not by the mouth, yet by their death, which they suffered by reason of Herod's hatred against Christ.
The Introit of the Mass reads: "Out of the mouth of infants and sucklings Thou hast perfected praise, because of Thy enemies, O Lord. O Lord, how admirable is Thy name in the whole earth." Glory be to the Father, and to the Son, and to the Holy Spirit. As it was in the beginning, is now, and ever shall be, world without end. Amen.
O God, Whose praise the martyred innocents confessed on this day – not by speaking, but by dying – mortify in us all the evils of vices, that our life also may confess by actions Thy faith, which our tongue proclaims. Through Our Lord Jesus Christ, etc.
Epistle: Apocalypse 14:1-5
In those days I beheld a Lamb standing upon Mount Sion, and with Him an hundred forty-four thousand having His name, and the name of His Father written on their foreheads. And I heard a voice from heaven, as the noise of many waters, and as the voice of great thunder; and the voice which I heard was as the voice of harpers, harping on their harps. And they sung as it were a new canticle, before the throne, and before the four living creatures, and the ancients; and no man could say the canticle, but those hundred forty-four thousand, who were purchased from the earth. These are they who were not defiled with women, for they are virgins. These follow the Lamb whithersoever He goeth. These were purchased from among men, the first-fruits to God and to the Lamb; and in their mouth there was found no lie, for they are without spot before the throne of God.
Gospel: Matthew 2:13-18
At that time: An angel of the Lord appeared in sleep to Joseph, saying: Arise, and take the child and His Mother, and fly into Egypt; and be there until I shall tell thee; for it will come to pass that Herod will seek the child to destroy him. Who arose, and took the child and His Mother by night, and retired into Egypt; and he was there until the death of Herod, that it might be fulfilled which the Lord spoke by the prophet, saying: Out of Egypt have I called My Son. Then Herod perceiving that he was deluded by the Wise Men, was exceeding angry; and sending killed all the men-children that were in Bethlehem, and in all the borders thereof, from two years old and under, according to the time which he had dilligently inquired of the Wise Men. Then was fulfilled that which was spoken by Jeremias the prophet, saying: A voice in Rama was heard, lamentation and great mourning; Rachel bewailing her children, and would not be comforted, because they are not.
What persons are like Herod?
All those who destroy innocent children, in body or in soul, for example, imprudent and careless mothers who injure the fruit of their womb by excessive dancing, by heavy labor, by vehement anger or immoderate grief; unmanly men who are cruel to their wives while with child, who strike them, incite them to anger, or terrify them; heedless parents who neglect their little ones, who take them into bed at the risk of suffocating them, who do not take pains to keep them clean and healthy; those corrupt and godless women who destroy the fruit of their shame either before or after birth, and while yet unbaptized. But more cruel than all these, and even than Herod himself, are they who scandalize little children by impure conversations, by indecent songs, by acts of impurity in their presence, or by inciting them to the like; for thereby they plunge the souls of the children into destruction.


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Opinion: The S&P Shakedown
Assistant editorial page editor James Freeman on the Justice Department's suit against ratings agency S&P. Photo: White House
This transcript has been automatically generated and may not be 100% accurate.
... China on another kind of publicity stunt ... this one from the Justice Department ... have a listen ... he allegedly continued to read hundreds of billions of dollars forests CDO's backed ... by RMBS collateral ... ignoring their own analysts performance projections showing that the ratings ... on the collateral ... would not hold ... the action that we announced today ... marks in importance to fourth in the administration's ongoing efforts to investigate ... as well as to punish the conduct that is believed to contribute to the worst economic crisis ... in recent history ... welcome back to Opinion Journal why Mary Kissel that was Attorney General Eric holder ... announced and governing case against Standard in porous ... for its ratings on complex mortgage securities at the height of the financial crisis ... assistant editorial page editor James Freeman is here James ... that the crisis was ... many years ago what took so long ... yeah that's a good question that many of you look at this complaint ... there were I think it was of was seven possibly only the Securities and Exchange Commission a ... came out with a lot about damaging e mails from other ... people within the rating agencies are basically saying that they didn't think the process was good that the ... they were chasing market share instead of focusing on more time on the putting out a good rating but that ... really what the day amazing thing about this and just talk about all ... you have this one part of the government ... sewing the rating agencies for fraud while another part of the government the Securities and Exchange Commission ... to this day has still not removed their endorsements the same the ages ... of their roles ... and then it's what's amazing about this complete is the Justice Department even goes to explaining why these rating agencies have so much power wide investors pay attention to them one of the fall of this terrible advice is because the government the LAZ folder entity will get the feeling he think that they ... possibly should have named the Securities and Exchange Commission as another defendant in this or possibly an un indicted co conspirator because ... they created a system that means the institutions follow the rate it a chance that Moody's and Fitch want maintenance in either what a ... while ... that's a good question because this is this the they're essentially the same businesses they've had their share of bulk ... of embarrassing e mails come out since the financial crisis they certainly ... issued their share of terrible ratings on mortgage backed securities ... it is a question that when you when you think about the ... standard imports in ... twenty eleven ... issue that downgraded the U S credit rating and you need to think that this is some kind of payback but I think this question of why just SNP is on people's minds or is it well it is I think we can safely connect the dots and agents say there may be a linkage but maybe like it's their chance to step back though ... first it was time to shake downs of the bank's ten shake downs of the mortgage lenders ... the shake down to the credit card companies ... to was the part ... of this ... economy turns the financial industry and government isn't and so I think that's the reason for the skepticism is that the timing and ... the fact that they still haven't reform the system that gave SNP all this power ... it does make you think this is a political exercise and it's of this ... this demand on the left too wide to find more villains ... to Opana shed this is not in any way meant to be ... on our part in defense of the ratings agencies we've written ... over and over and over again how you've gotta get the government endorsement ... of their you've got a ... whole lot of these things to be simply just another opinion in the market ... but as far as this approach via the prosecution of a company ... without reforming the system that scraping all these problems it just it's really all ... about reforming the system briefly in the free market system ... the company was selling you bad products to just go buy a better product or another company in a bad company wiggle out of this that that well yet you keep hoping that that the obvious remedy finally gets done the the the twenty ten Dodd Frank financial law actually what one of the few good parts of the consent of the government ... stop endorsing these ratings agencies take the references to them out new rules ... for them for the most important roles the SCC still has not done that and here we are ... soon a half years later ... not a part of the government the mass selling these agencies so I I hope that ... you know might be one result of this so ultimately change the government is shaking out financial institutions taking the money in in re distributing it back out ... she is that that that I'm the thing I did this ... you know you have to question dollar ... lawsuit is happening now and and what the end result is only a set of hoping we at least get some policy benefit the shines light on the fact that the government has not performed this terrible system that they paraded ... as we called the triumph of hope over experience assistant editorial page editor James Freeman ... thanks for being with us ...


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my bright Summer Sewing Challenge outfit
Added Aug 5, 2012
by klassykate
Phoenix, Arizona...
This is my submission for the Summer Sewing Challenge! I used the dress pattern and skirt pattern from the BurdaStyle Sewing Handbook.
I changed the dress into a blouse by drafting the bodice pieces longer, and I omitted the zipper in the back. The white fabric is a woven polyester/cotton blend and the mint fabric is a knit jersey. I used an antique button for the front closure.
For the skirt, I drafted my own variation for less panels, and I added a simple rectangle shaped ruffle to the bottom to make it a maxi skirt. I decided to use french seams for a nice finished look on the inside of my skirt. The floral print fabric is a polyester satin. I sewed on an exposed zipper with the help of a wonderful member's tutorial here on BurdaStyle.
I love wearing my outfit! It's fun, bright, and relaxed just like summer should be!
Related Techniques
4 Comments Sign in to add a post
Aug 8, 2012, 06.40 AMby libbysharf
I voted for you!! very refreshing, summary and stylish
1 Reply
Aug 9, 2012, 01.32 AMby klassykate
thank you so much, that means a lot to me!
Aug 6, 2012, 04.33 AMby poppykettle
I'm loving the different fabrics you chose and the key hole top! Looks gorgeous :)
Aug 5, 2012, 09.34 AMby Mary Athey
Lovely outfit. the skirt fabrics fab and i love the blouse ruffle x
Aug 5, 2012, 08.39 AMby pampula
very beautiful outfit, I love the mint green ruffle detail on the blouse!
Add to Favorites 6 people added it


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Welcome to Yew Tree Farm
We look forward to welcoming you to Yew Tree Farm. Come and escape for a few days, relax, walk in this beautiful unspoilt valley ideally placed in the very heart of Lakeland.
Stay with us
Welcome to our home. Take in the views, the wide open spaces and then relax and unwind in one of two en-suite guest rooms. It's a world you won't want to leave.
Borrowdale Herdwick
Long before Beatrix Potter adopted the Herdwick sheep they roamed freely over the Lakeland landscape for over 1000 years and to this day enjoy a full life growing on the beautiful fells of Borrowdale.
Yew Tree Farm, Rosthwaite, Borrowdale, Cumbria
Situated just six and half miles south of Keswick in the awe inspiring Borrowdale Valley, Yew Tree Farm has much to offer. If it's a few nights peace and relaxation you are looking for then why not try our Bed & Breakfast? Or, if you happen to be passing why not pop in for light refreshments at our Flock-In tearoom, where we also stock our delicious range of Herdwick meats – raised and prepared here on the farm.
Personal Service
Yew Tree Farm offers very much a traditional, personal service in, and on, a traditional Borrowdale farm, set in just the most amazing location. Although we prefer the sound of conversation and phone calls to the silence of email and text, this rural idyll is not completely without technology as WiFi is available in the B&B rooms of the farmhouse and we are quite happy to answer any email query if that's what you prefer to use.
Rosthwaite in Borrowdale
The village of Rosthwaite has a local pub and a number of excellent restaurants within a very short drive, but if it's the bright-lights of town-life you are seeking then just six and a half miles north in Keswick, there are many pubs, restaurants, take-ways, a cinema, the wonderful Theatre by the Lake, museums and retail outlets galore. There's even a regular local bus service – great for travelling out so you can, perhaps, walk back.


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To America: Personal Reflections of an Historian.
The thing I like most about Ambrose is that he breathes life into history. Instead of deluging you with dates and easily forgotten factoids, he allows the makers of history to tell their own stories. History, he says, is people, and people enjoy reading about other people.
Among his favorite subjects are Meriwether Lewis and William Clark and their courageous exploration of the Louisiana Purchase. His book about their journey, Undaunted Courage: Meriwether Lewis, Thomas Jefferson and the Opening of the American West, will be one of the next books I buy. Ambrose marvels at the pluck and raw nerve that had to have been woven into the very fiber of Lewis and Clark's being.
The two explored the "western two-thirds of the continent," Ambrose wrote in To America. "They did it by foot, by canoe, by pirogue, by keelboat, by horseback, without any maps. With no idea of what lay ahead, they marched across a land inhabited by strange and presumably hostile Indians."
Explorers like Lewis and Clark possess something in their genes that compel them to discover what's over the next hill, around the next bend, across the next river. They pave the way for the rest of us, more timid souls, who prefer our paths well trod, our perils less life threatening, our safety more assured.
I was reminded of Lewis and Clark and countless other explorers and pioneers last Saturday morning as the horrible reports of the Space Shuttle Columbia's disintegration shattered a peaceful, balmy winter Saturday morning. Those seven astronauts, as surely as did Lewis and Clark, responded to some inner calling that bade them leave the comforts of home to discover what wonders exist among the stars.
That they died in the endeavor in no way diminishes the importance of their mission, in no way detracts from their contribution, in no way negates the necessity to send others as soon as possible to continue to quest.
Some will complain that the effort is frivolous, that we have more than enough problems on earth to soak up all the money we invest in space exploration. Some will use the deaths of seven of the world's brightest minds to justify scrapping a program that may never yield tangible results. And some may point to the horror of terrorism and the cost of national/world security as reason enough to abandon jaunts into space until we stabilize earth.
They would be wrong. When humans abandon the desire to learn, to explore, to create, they will abandon most of the reasons for life itself. Perhaps we could live in a world without exploration, inquiry or question, but would we really want to?
I recently received a new release regarding success with soybean seeding and growth in the International Space Station. I had intended to write a light-hearted piece about the problems of crops in space, but will put that aside for a later time. But such investigation may prove invaluable at some point in the history of the world.
We don't know what's out there, beyond our limited ability to peer into the heavens. Perhaps there are cures for most human maladies; perhaps there are lands as lush as the Great Plains, as beautiful as the South Pacific as breathtaking as the Swiss Alps.
We may have good neighbors we haven't met yet.
We'll never know unless we explore, and every time we send another shuttle, or the next generation of space vehicle, into the unknown, we honor the courageous explorers who took the first tentative steps.
And we grieve for those lost last week, but at the same time we applaud their courage, their will, their selfless sacrifices for mankind.


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The Sunday of All Saints
June 03
Tone of the Week
Plagal of the Fourth Tone
First Orthros Gospel
Honouring the friends of God with much reverence, the Prophet-King David says, "But to me, exceedingly honourable are Thy friends, O Lord" (Ps. 138:16). And the divine Apostle, recounting the achievements of the Saints, and setting forth their memorial as an example that we might turn away from earthly things and from sin, and emulate their patience and courage in the struggles for virtue, says, "Wherefore seeing we also are compassed about with so great a cloud of witnesses, let us lay aside every burden, and the sin which doth so easily beset us, and let us run with patience the race that is set before us" (Heb. 12:1).
This commemoration began as the Sunday (Synaxis) of All Martyrs; to them were added all the ranks of Saints who bore witness (the meaning of "Martyr" in Greek) to Christ in manifold ways, even if occasion did not require the shedding of their blood.
Therefore, guided by the teaching of the Divine Scriptures and Apostolic Tradition, we the pious honour all the Saints, the friends of God, for they are keepers of God's commandments, shining examples of virtue, and benefactors of mankind. Of course, we honour the known Saints especially on their own day of the year, as is evident in the Menologion. But since many Saints are unknown, and their number has increased with time, and will continue to increase until the end of time, the Church has appointed that once a year a common commemoration be made of all the Saints. This is the feast that we celebrate today. It is the harvest of the coming of the Holy Spirit into the world; it is the "much fruit" brought forth by that "Grain of wheat that fell into the earth and died" (John 12:24); it is the glorification of the Saints as "the foundation of the Church, the perfection of the Gospel, they who fulfilled in deed the sayings of the Saviour" (Sunday of All Saints, Doxasticon of Vespers).
In this celebration, then, we reverently honour and call blessed all the Righteous, the Prophets, Apostles, Martyrs, Confessors, Shepherds, Teachers, and Holy Monastics, both men and women alike, known and unknown, who have been added to the choirs of the Saints and shall be added, from the time of Adam until the end of the world, who have been perfected in piety and have glorified God by their holy lives. All these, as well as the orders of the Angels, and especially our most holy Lady and Queen, the Ever-virgin Theotokos Mary, do we honour today, setting their life before us as an example of virtue, and entreating them to intercede in our behalf with God, Whose grace and boundless mercy be with us all. Amen.
Resurrectional Apolytikion
Plagal of the Fourth Tone
From on high didst Thou descend, O Compassionate One; to burial of three days hast Thou submitted that Thou mightest free us from our passions. O our Life and Resurrection, Lord, glory be to Thee.
Apolytikion of All Saints
Fourth Tone
Your Church, O Christ our God, clothed itself in the blood of Your martyrs from throughout the world, as though it were a robe of linen and purple; through them, she cries out to You, "Send down upon Your people compassion, grant peace to Your commonwealth, and to our souls, great mercy."
Seasonal Kontakion
Plagal of the Fourth Tone
As the first-fruits of our nature to the Planter of created things, the world presenteth the God-bearing martyred Saints in off'ring unto Thee, O Lord. Through their earnest entreaties, keep Thy Church in deep peace and divine tranquillity, through the pure Theotokos, O Thou Who art greatly merciful.
Blessed Feast Day
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Oil paintings and canvas art prints of Diego Rivera (1886-1957, Mexican, Realist).These beautiful oil paintings of Diego Rivera have been reproduced by modern artist and can now be ordered by art-lovers across the world. So get hold of your favorite oil painting and portrait of women, nature and others from reproduction art of Diego Rivera at gfmpainting and quench your thirst for artistic bliss.
GFM Painting - The UK Art Reproduction Specialist Company


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TiVO recently announced a new TV-side device that can stream shows right to your iPhone and iPad. The aptly-named TiVO Stream will be able to download or stream programs to your iOS device without messing around with what's currently playing on your TV. The TiVO Stream will still require the Premiere or Premiere Q DVR box, but that's to be expected. Of course, streaming is limited to devices that are on the same local Wi-Fi network, but that's to be expected for high-def shows; at least you'll be able to download them right to the device provdided you have the room.. The unit is being built with cable operators in mind, so you can expect them to be selling it sometime over the next couple of months.
It's been awhile since we've so much as heard TiVO and Apple mentioned in the same sentence, but until the oft-fabled iTV materializes, there's going to be a home for these kinds of smartphone-savvy accessories. Even with the small upgrade recently, Apple TV still isn't a hugely popular product, even among Apple fans. Small projects, like playGo, are extending beyond mere AirPlay support and enabling DLNA connectivity as well.
I ditched cable a long time ago, but it's easy to appreciate being able to watch your own shows around the house without having to wrestle for the remote with other family members. Being able to load up shows locally onto your iPad to watch on while on long trips. How many of you are still big TV-watchers? Anyone still using a TiVO?
Source: TiVO


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This thorny fruit grows on tall trees and is very popular in Asia. Cut it open and you'll find a substance like sticky custard or soft cheese. If you try durian, you might want to hold your nose.
Durian is the world's stinkiest fruit. How stinky? In Asia, there are rules banning it in planes and hotels because it really smells. The scent is hard to describe, experts say, but they compare it to very, very, smelly cheese. If you can get past the smell, some people say the taste is heavenly.
It's often eaten with rice or used to flavor ice cream.
What isn't weird about durian? Sure, it's got a porcupine appearance and an overpowering smell, but the weirdness of this soccer-ball-sized fruit doesn't stop there. People are willing to pay a lot of money for it. Pound-for-pound, it's the most expensive fruit in the world. One durian, at $5 per pound, could cost you $30 to $40.


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From Community Learning Action Center (CLAC) to saving and credit co-operative
Mahila Utthan, Chure Samrakshan and Jagaran are three CLACs in the Karnali corridor with only women members, of whom the majority are Dalits. Each CLAC has 25 women from Trishakti, Birendra and Janakalyan CFUGs respectively. In addition to holding regular discussions on key issues, they are doing something very innovative to help CLAC members as well as other groups support their livelihoods. Monthly they are each saving NRs. 20 and the groups are lending this money at a minimum interest rate of 1-2 % per annum to members interested in starting small enterprises. They initiated this practice since the start of the CLACs in March, 2012 in Karnali. At present they have saved a total of NRs 90,000. Mrs. Ranga BK was one of the first women to receive a NRs 3000 loan at a small interest rate of 1% per annum to start pig rearing.
The women of these CLACs are on the way to establishing a saving and credit cooperative from the accumulated amount to ensure access of credit to minimize financial crisis in future.
Forty-six year old Jalpa Bhandari of Mahila Utthan CALC says: "We have gone ahead to establish the Chure Samrakshan saving and credit cooperative and we are on the way to preparing a constitution to register officially in the District Cooperative Office." Similarly, 58 year old Sita Sanjyal adds that they are trying to make this cooperative a model for others in Karnali to follow.
By Jagadish Bhatta, Hariyo Ban Program, CARE Nepal
Disclaimer: The Hariyo Ban Program is made possible by the generous support of the American people through the United States Agency for International Development (USAID). The contents of this article are the responsibility of WWF and CARE Nepal and do not necessarily reflect the views of USAID or the United States Government.


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CAMBRIDGE, Mass. – In the final College Swimming Coaches Associations of America (CSCAA) ranking that was released late last week, the MIT men's swimming and diving team remained first in the nation, a spot the Engineers have held since the last ranking on Dec. 13. The women's squad is now ranked seventh, after having been fifth in the previous ranking.
MIT closed the regular season last weekend at the two-day Wheaton Invite, returning home with a number of wins and impressive swims. On the men's side, freshman Dion Low (Valparaiso, Ind.) was named the New England Women's and Men's Athletic Conference (NEWMAC) Swimmer of the Week after finishing in second place in the4 100-yard butterfly and third in the 100-yard backstroke. For the women, their best showing was in the 200-yard freestyle, where they took the first five spots, with senior Anna Kokensparger (Omaha, Neb.) leading the pack and touching first.
The Cardinal and Gray, who had a break from competition this past weekend, are busy preparing for the 2013 NEWMAC Swimming and Diving Championships that will take place at the Zesiger Center pool from Thursday-Sunday, Feb. 14-17. Both teams will be defending titles won in 2012, with the men gunning for their fifth straight title and the women working towards their third.
Different from years past, the championship will commence on Thursday night with the preliminary rounds of the men's 1-meter diving. Preliminary heats will start on Friday morning at 10:00 a.m., with consolation and championship heats taking place in the evening beginning at 6:00 p.m. The same format will hold for Saturday and Sunday. Tickets for the championship will be sold at the door.


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Lipscomb's Bisons shot 58 percent in the first half, including 10 3-pointers, but they couldn't carry that momentum into the second half in an 82-73 loss to Mercer in an Atlantic Sun Conference game Monday night at Allen Arena.
It was the first loss of the season for the Bisons at home.
"Mercer got a big road win," said Lipscomb coach Scott Sanderson. "One loss or or one win is not going to make or break as season, but it would have been nice to win this one here at home."
The Bisons, led by James Poindexter, were almost unstoppable from 3-point range in the first half with 30 of their first 32 points coming on 3-pointers. Poindexter, who tied the school NCAA record for most 3-pointers in a game with seven, was 6-for-9 in the first half. He added one more 3-pointer in the second half to finish 7-for-13.
Poindexter finished with a game-high 28 points He tied his season high for points set at Troy on Dec. 4 Brian Fisk added 13 points and tied for the team-lead in rebounds with Shaun Durant with six each.
Lipscomb coach Scott Sanderson was more concerned with his team's first half defensive performance. Mercer countered with 64 percent shooting from the field and trailed only 50-43 at the half despite the Bisons 3-point barrage.
"We were making shots in the first half, but we should have put our defense with that," Sanderson said. "We should have been up by 14 or 15 points at the half. It was like an NBA game. We were just trading baskets with them. That's not who we are."
Sanderson pointed to the Mercer reserves as a key to the first half as they scored 15 points off the bench.
"There subs came in and played well and gave them a huge lift in the first half," Sanderson said. "I was hoping they would put their starters back in."
In the second half the Bisons struggled to find the basket shooting 33.3 percent from the field, 14.3 percent from 3-point range.
The Bisons were scoreless from the 7:50 mark until there were 16 seconds left in the game when James Poindexter scored a lay-up to make the score 80-73.
"I don't care who you play, if you go more than seven minutes without scoring, you're not going to win that game," Sanderson said. "Mercer took the game over down the stretch. If we ever lose our focus that we are a defending and rebounding team then we will lose games like this."
Sanderson told his players that some of them may have been a little selfish down the stretch with Fisk and Labrian Lyons making less than solid decisions on shots.
"I hate to use that word," Sanderson said. "That was the first time we have done that this season. We get behind as a team. We come-from-behind as a team. We have to do everything as a team."
Mercer placed four players in double figures. Wesley Duke led with 18 followed by Jacob Skogen with 12, Damitrius Coleman with 11 and Will Emerson with 10.
"We got beat," Sanderson said. "It is over with. We have to learn from this game just like we learned from the Gardner-Webb, Campbell andGeorgia State games."
Lipscomb is 8-4 overall, 3-2 in the A-Sun. Mercer is 8-4, 4-2 in the conference.