Opinion
20230122
05-18-2023
Chambering of Two New Judgeships in the East 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 two additional district court judges with suggested chambers in the East 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 judgeships and providing an opportunity for written comment on the chambering of the new judgeships was posted May 5, 2023, on the Supreme Court website. Notice also was given to the boards of county commissioners for Cass, Steele and Traill 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. 7.1, Section 4, was filed May 15, 2023, by Christine J. Iverson, Trial Court Administrator for the East Central Judicial District, supporting the chambering of the new judgeships in Cass County. The State Court Administrator provided weighted caseload statistics through March 31, 2023, annualized to project the total for calendar year 2023.
[¶4] The East Central Judicial District is comprised of Cass, Steele and Traill Counties. According to the district's report, the population of the three counties increased 18% from 2010 to 2020. District filings have been stable over the last three years. More than 90% of the new cases were venued in Cass County. The distribution of attorneys in Cass, Steele and Traill Counties shows more than 98% of attorneys are located in Cass County.
[¶5] The East Central Judicial District has nine district judges, one of whom is chambered in Hillsboro, Traill County, and two judicial referees. According to the report, the East Central Judicial District has had and continues to have a shortage of judicial resources. The district has three problem solving courts. The two adult drug courts and one juvenile drug court share 0.399 of a judicial officer. According to the weighted caseload study, based on the case filings and the availability of ten judicial officers, the district shows a judicial officer shortage of 1.62. The shortage decreased from 1.93 in 2021-2022 to 1.62 in 2022-2023.
[¶6] The report filed by the East Central District indicates Cass County has two chamber-quality offices and space for court staff immediately available. Cass County has seven courtrooms and a hearing room used for civil, juvenile and mental health appearances. All courtrooms have both sound and digital recording systems installed. All courtrooms but one have remote video hearing capabilities. The Traill and Steele County courthouses each have one courtroom with sound and digital recording systems and remote hearing capability.
[¶7] Cass County has a grade 1 correctional facility, while Traill County has a grade 2 correctional facility. A grade 1 facility may confine an inmate for up to one year. A grade 2 facility may confine an inmate for up to 90 days. 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 recommends the new judgeships be chambered in Cass County where the workload exists, and office and courtroom space is more readily available.
[¶9] IT IS HEREBY ORDERED, the new judgeships be chambered in Fargo, in the East Central Judicial District.
[¶10] IT IS HEREBY ORDERED, the new judgeships are designated Judgeship Nos. 10 and 11, 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