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N.D. (NewsDakota.com) North Dakota Supreme Court Justices will hear oral arguments by a Valley City man who believes he was sentenced unfairly by Southeast District Court Judge Jay Schmitz.

In April of 2016, Brian Mindt faced a charge of disorderly conduct during a bench trial that involved an incident with him and a Fed Ex truck driver in September of 2015.

Judge Schmitz ruled that Mindt was guilty of disorderly conduct after he was accused of harassing and shouting racial slurs at a Hispanic Fed Ex driver who was making a delivery to Mindt’s business in Valley City.

Judge Schmitz sentenced Mindt to a year of unsupervised probation and ordered him to meet five requirements to get the disorderly conduct charge taken off his record.

In the sentencing order, Judge Schmitz said the defendant had no criminal record and was active in charitable and community activities, so rehabilitation was not a major concern.

Later, Mindt said Judge Schmitz was bias against him and should have recused himself from the case being the complainant was a Hispanic man and Judge Schmitz was in an interracial marriage.

North Dakota Supreme Court Justices will hear Mindt’s case today at 1:30pm in North Dakota Supreme Court Chambers in Bismarck.