Opinion
20230123
05-18-2023
Chambering of the New Judgeship in the Northeast Central Judicial District
PER CURIAM.
[¶1] The 68th Legislative Assembly passed House Bill 1002, which was signed by the Governor, and becomes effective July 1, 2023. This legislation provides for an additional district court judge with suggested chambers in the Northeast Central Judicial District.
[¶2] N.D. Sup. Ct. Admin. R. 7.1 provides the procedure for establishing judgeship chambers within the judicial districts of North Dakota. Notice that the Supreme Court was contemplating chambering of the new judgeship and providing an opportunity for written comment on the chambering of the new judgeship was posted May 5, 2023, on the Supreme Court website. Notice was also given to the boards of county commissioners for Grand Forks and Nelson Counties through their respective county auditors, and notice was published once in the official newspaper for each of the affected counties. Written comments on chambering were permitted through May 15, 2023.
[¶3] A report containing population and caseload trends, and other criteria identified in N.D. Sup. Ct. Admin. R. 7.2, Section 4, was filed May 12, 2023, by the Northeast Central Judicial District. The Honorable Donald Hager, presiding judge of the Northeast Central Judicial District, also signed the report. The State Court Administrator provided weighted caseload statistics through March 31, 2023, annualized to project the total for calendar year 2023.
[¶4] The Northeast Central Judicial District is comprised of Grand Forks and Nelson Counties. According to the district's report, the population of the two counties was stable from 2010 to 2020, with a small population increase in Grand Forks County and a small decrease in Nelson County. District filings have decreased over the past four years from 6,424 to 5,800.
[¶5] The Northeast Central Judicial District currently has five district judges chambered in Grand Forks. The new judgeship would be responsible for an equal share of the civil and criminal caseload. The district has four problemsolving courts. The adult drug court, juvenile drug court, domestic violence court, and veteran's treatment court share 0.532 of a judicial officer. According to the report, the Northeast Central Judicial District has had and continues to have a shortage of judicial resources. According to the weighted caseload study, based on the case filings and the availability of five judicial officers, the Northeast Central Judicial District shows a judicial officer shortage of 1.43. The overage increase from 1.37 in 2021-2022 to 1.43 in 2022-2023.
[¶6] The report filed by the Northeast Central Judicial District indicates both counties maintain adequate court and correctional facilities. The Grand Forks courthouse has six courtrooms which can accommodate jury trials and one hearing room. The sixth courtroom was created in 2022 in anticipation of this judgeship. Nelson County has one courtroom. All courthouses in the two counties have interactive video equipment and sound and digital recording systems.
[¶7] Grand Forks County has a Grade 1 correctional facility, while Traill County has a Grade 2 correctional facility. Each facility provides for remote appearances. The West Central Regional Juvenile Center is located near Fargo in Moorhead, Minnesota. The Region V Southeast Human Service Center provides services for Cass, Steele and Traill Counties and is located in Fargo.
[¶8] The report filed by the district states that after consultation with the judges of the district, they recommended the new judge be chambered in Grand Forks County. Recognizing the reduction in force in 2016/2017 and the elimination of two judicial referees, the judges conclude the addition of the judgeship to Grand Forks County will ensure a consistent and stable approach to case processing.
[¶9] IT IS HEREBY ORDERED, the new judgeship be chambered in Grand Forks, in the Northeast Central Judicial District.
[¶10] IT IS FURTHER ORDERED, the judgeship is designated Judgeship No. 6 and be filled in the manner provided by N.D.C.C. Chapter 27-25.
[¶11] Jon J. Jensen, C.J., Daniel J. Crothers, Lisa Fair McEvers, Jerod E. Tufte, Douglas A. Bahr