Opinion
No. 910220.
August 16, 1991.
ORDER
H.B. 1517 of the 1991 Legislative Assembly, codified as ch. 326, North Dakota Session Laws, section 27-05-02.1, N.D.C.C., requires a decision by the Supreme Court within 90 days after notification by the Governor of a district court vacancy, and requires an order that:
a. the vacancy be filled; or,
b. the vacant office be transferred; or,
c. the vacant office be abolished.
On June 17, 1991, the Supreme Court received notification from the Honorable George A. Sinner, Governor, that a vacancy at Williston will result from the resignation of the Honorable Bert L. Wilson as judge of the district court on October 1, 1991. A hearing was held before the Honorable Douglas B. Heen, Surrogate Judge, sitting as a Hearing Officer, in Williston on August 1, 1991. Consultation with judges and attorneys of the Northwest Judicial District took place in the Supreme Court Courtroom on August 15, 1991.
This order is based on the determination that the office is not necessary for effective judicial administration only when considered in the context of the reduction of the number of judges required by N.D.C.C. 27-05-01(2).
IT IS THEREFORE ORDERED that this vacant office of district judge at Williston be abolished effective October 1, 1991.
/s/ Ralph J. Erickstad RALPH J. ERICKSTAD Chief Justice
/s/ Gerald W. VandeWalle GERALD W. VANDE WALLE Justice
/s/ H.F. Gierke, III H.F. GIERKE, III Justice
/s/ Herbert L. Meschke HERBERT L. MESCHKE Justice
/s/ Beryl J. Levine BERYL J. LEVINE Justice