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Mar
17

North Dakota – they do things different up there…

Loyal readers, return with us once again to the wilds of North Dakota, that ice-bound region where executives are criminalized for signing off on cookies and balloons at farewell parties, where out-of-control prosecutors deny defendants their constitutional rights, where a boss not from NoDak is pilloried despite turning around a troubled state agency.
Yes, the Sandy Blunt case has reached a new peak of incomprehensibility. Here’s the latest.
Blunt appealed his conviction to the State Supreme Court a year ago, and the case was argued five months ago. One would think that would be plenty of time for the judges to issue a ruling. After all, the Court issued seven opinions so far this year for cases argued in 2010 – two months after Blunt’s hearing.
And while logical minds would think that speedy justice, a right of all citizens conferred in the US Constitution would apply in the frozen north, apparently that is not the case. (See below for the requirements of other courts in North Dakota)
In fact, of the twelve opinions rendered by the North Dakota Supreme Court, not one was argued before Blunt’s – all were argued a month or more after his, yet the Court has not seen fit to issue a ruling in Blunt’s case.
Which leads to the next fascinating bit of NoDak current events.
Reports indicate the attorney who prosecuted Blunt is under investigation by the State Police for potential crimes including conspiracy. What makes this so interesting is that no other media outlet reported this until well after Steve Cates did in his “Dakota Beacon’.
Wait, it gets weirder.
On the day that the State Police announced the investigation into the Assistant State’s Attorney who prosecuted Blunt (Cynthia Feland), there were two other stories that actually did make the news. One would think that they must be big, if they took precedence over an investigation into potential crimes by a Prosecutor. Perhaps a bust of a huge crystal meth lab? Reports of Al Qaeda coming across the border from Canada?
Nope.
Two men, described in the media as “Native Americans” (gotta love that unbiased media…) were caught on video breaking a liquor store window and stealing fifty bucks worth of booze.
Let’s see…I’m the producer of local TV news, got two minutes to fill on the crime blotter…fifty bucks in booze, about four bottles perhaps, against allegations of criminal actions by a county prosecutor…hmmmm, seems like a pretty clear editorial decision to me – let’s slam the Native Americans! Who cares about a law enforcement official accused of conspiracy and suborning justice!
This would actually be pretty funny, even hilarious, if it wasn’t about a prosecutor who allegedly committed crimes in the course of prosecuting one of the most decent, honest, and competent executives I’ve had the honor of meeting in my 25 plus years in the business world.
(Here’s the relevant language from North Dakota’s Judiciary)
Section 1. Statement of Policy.
a. A goal of the judicial system of North Dakota is prompt disposition of cases.
b. The Supreme Court recognizes the need to provide administrative mechanisms within the unified judicial system to maintain current trial court dockets. These trial court docket currency standards and procedures are established to meet this administrative goal.
c. These standards guide the management of the trial courts of North Dakota. However, these court management standards and procedures are not intended and may not form the basis to change or affect the substantive and procedural rights of the parties in any case. Further, a violation of these standards does not cause the dismissal of any case.
d. Adherence to these standards by trial judges requires lawyers to recognize consequent adjustments in local practice. Members of the bar should anticipate the prompt disposition of cases.


5 thoughts on “North Dakota – they do things different up there…”

  1. Well done Mr. Paduda. You may have missed the alcohol article below that was also big news up there at the same time. Seems like they either have an alcohol problem in North Dakota or it is the only thing they know how to report on and relate to.
    ————
    Woman opens second beer
    Every now and then we run across a police report where you gotta go are you kidding me…
    That fits this next story…
    A 20 year old Mandan woman was pulled over in Bismarck for speeding early this morning…
    She was going over 40 in a 25 mile per hour zone…
    When the officer went to her car he noticed an open can of Old Milwaukee Best in the cup holder… He took the empty can went back to his car to write her up and when he returned to the woman’s vehicle she had cracked a new beer…
    The woman was arrested for Minor in Consumption, Open Container and Speeding… watch the video | save this article / add to your favorites list
    http://www.kxnet.com/getArticle.asp?ArticleId=534771

  2. Mr. Blunt is very fortunate to have a friend and colleague as loyal and out spoken as you.

  3. I used to work in local television (on the technical side) here in Bismarck. The local media will NEVER go after an incumbent or public official, no matter what. It’s the strangest thing. Senator Kent Conrad literally sat down and threatened the publisher and a reporter of a Minot newspaper for reporting that he hand-picked the people who could ask questions at his few town hall meetings. Ad revenues could be the leverage, I suppose.

  4. Looks like Feland announced she is running for judge in the South Central District. She has an opponent. In January, Parrell Grossman announced he is also a candidate for the judgeship.
    Guess you know whose campaign to donate to.

  5. Joe, I could not agree with you more regarding Sandy Blunt. While I have only recently met Mr. Blunt personally I have observed his ability as a executive for the past several year. Upon meeting him I found that he in fact is a true professional with tremendous capabilities and insight into the workers’ compensation industry.

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Joe Paduda is the principal of Health Strategy Associates

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