BISMARCK - The director of North Dakota's Aeronautics Commission is due in court Tuesday on a theft charge.
Gary Ness is accused of picking up an envelope with $1,770 in it at a Bismarck gas station last week. A woman says she left the envelope by accident. Police say Ness noticed the envelope, put a newspaper over it and took it.
Ness was to have his initial appearance in South Central District Court in Bismarck on Monday. But the two available judges -- Gail Hagerty and Robert Wefald -- both disqualified themselves from the case.
Burleigh County prosecutor Lloyd Suhr says Ness' first appearance will be at 9:30 a.m. Tuesday before Judge Donald Jorgensen.
