In re Change the Resident Chambers for District Judgeship No. 7, Northwest Judicial District

2005 ND 221, 707 N.W.2d 251, 2005 N.D. LEXIS 268, 2005 WL 3477833
CourtNorth Dakota Supreme Court
DecidedDecember 20, 2005
DocketNos. 20050304, 20050361
StatusPublished
Cited by3 cases

This text of 2005 ND 221 (In re Change the Resident Chambers for District Judgeship No. 7, Northwest Judicial District) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Change the Resident Chambers for District Judgeship No. 7, Northwest Judicial District, 2005 ND 221, 707 N.W.2d 251, 2005 N.D. LEXIS 268, 2005 WL 3477833 (N.D. 2005).

Opinion

PER CURIAM.

[¶ 1] On September 7, 2005, a Petition for Transfer and Filling of Judgeship No. 7, from Stanley, North Dakota, to Minot, North Dakota, effective January 1, 2007, was filed by Dixie K. Knoebel, Trial Court Administrator for Administrative Unit 4. Proof of notice of the filing of the petition under N.D. Sup. Ct. Admin. R. 7.1 was filed October 14, 2005. Under N.D.C.C. § 27-05-08, this Court has the authority to determine the location of the chambers of the state’s district judges.

[¶ 2] On October 17, 2005, the Honorable Robert W. Holte, Judge of the District Court, officially notified the Chief Justice that he would not be seeking reelection to Judgeship No. 7, with chambers in Stanley, North Dakota, Northwest Judicial District, because he would be retiring when his current term expires on December 31, 2006. Judge Holte’s retirement will create a vacancy under N.D.C.C. § 27-05-02.1.

I. Judicial Vacancy

[¶ 3] The question of whether the office is necessary for effective judicial administration in the Northwest Judicial District must first be determined before addressing the petition to transfer the judgeship from Stanley to Minot. Under N.D.C.C. § 27-05-02.1, this Court is required to review vacancies that occur and determine, within 90 days of receiving notice of a vacancy, whether the office is necessary for effective judicial administration. This Court may, consistent with that determination, order the vacancy filled in its current location or order the vacant office transferred to any location in which a judge is necessary for effective judicial administration. N.D.C.C. § 27-05-02.1(5).

[¶ 4] Under N.D. Sup. Ct. Admin. R. 7.2, notice of a written consultation with the attorneys and judges of the Northwest Judicial District was posted October 24, 2005, on the website of the Supreme Court. Notice was also electronically provided to all presiding judges of the state. Written comments on the vacancy were permitted through November 28, 2005. For purposes of the consultation provided for under N.D.C.C. § 27-05-02.1, this procedure is sufficient for determining the disposition of the vacancy.

[¶ 5] Caseload and population information for the Northwest Judicial District, and other criteria identified in N.D. Sup. Ct. Admin. R. 7.2, § 4, were received in the petition to transfer the judgeship on September 7, 2005. Our weighted caseload study determines the amount of judicial resources needed to handle cases after [253]*253weighting each type of case by the amount of time required to process an average case of that type. It also takes into account time not available for handling cases but which is required from a judge, such as travel time and time to handle administrative matters. The caseload study shows that the Northwest Judicial District is one of the districts experiencing a shortage of judicial FTEs (full-time equivalents).

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Although other districts also have a shortage, we determine moving a judgeship from the Northwest Judicial District would leave that district with the most severe shortage in the state, making it extremely difficult to provide effective judicial services to residents in that district.

[¶ 6] Under the criteria of N.D. Sup. Ct. Admin. R. 7.2, § 4, the Court has considered all submissions received by the Court and its own administrative records. We determine that Judgeship No. 7 is necessary for effective judicial administration in the Northwest Judicial District.

II. Chamber Location

[¶ 7] Notice of a written comment period on the petition to transfer chambers was posted October 17, 2005, on the website of the Supreme Court. Notice was also published in the Mountrail County Promoter and the Minot Daily News. Written comments on the petition were permitted through November 28, 2005. Upon request for a hearing and after further notice, a hearing concerning the possible transfer of Judgeship No. 7 was held in the Ralph J. Erickstad Courtroom of the Supreme Court on December 15, 2005.

[¶ 8] Section 4 of N.D. Sup. Ct. Admin. R. 7.1, provides the criteria for consideration in designating resident district court judgeship chambers. Of the criteria identified in N.D. Sup. Ct. Admin. R. 7.1, § 4, factors a, b, i, j, k, and l, indicate the chambers of Judgeship No. 7 should be relocated. The remaining factors are either neutral or do not apply.

a. Annual district court combined civil, criminal and formal juvenile caseload for the most recent three-year period and any discernible caseload trends or patterns.

[¶ 9] As updated through October 30, 2005, the weighted caseload study shows a shortage of judge time in every county in the Northwest Judicial District except Mountrail County. While Mountrail County will show a shortage if the chamber is transferred, that shortage will be less than the current shortage in Ward County. The other factors such as travel time and the anticipated addition of a drug court in Ward County indicate that it is better use of judicial resources to have the judge chambered in Minot. The following charts summarize our weighted caseload results for the years 2002 through 2004 and compare the partial years of January through October in 2004 and 2005.

[254]*254[[Image here]]

[¶ 10] If the weighted caseload statisties are examined on a county by county basis, it is apparent that the shortage of judicial FTEs is primarily in Ward County.

[¶ 11] The Northwest Judicial District as a whole is impacted by a substantial increase in misdemeanor, felony, and juvenile filings. Our weighted caseload studies show there has been an increase in misdemeanor and felony filings and in proceedings in juvenile court. Juvenile matters and felonies are assigned significant case weight because of the judicial hours required to adjudicate those cases.

Activities involving our criminal and juvenile justice systems are greater where the average age of the population is younger. See North Dakota Office of Attorney General, Bureau of Criminal Investigation, Crime in North Dakota, 2003: A Summary of Uniform Crime Report Data, available at http://www.ag.state. nd.us/Re-ports/BCI ReportslCrime03.pdf (last visited Dec. 20, 2005). As indicated in factor j, [255]*255because of the median age of the county populations within the district, this demand will fall most heavily on Ward County-

b. Number and location of attorneys.

[¶ 12] The following distribution of attorneys in the district indicates the continued need for more judges chambered in Minot.

Burke 0

Divide 1

McKenzie 3

Mountrail 9

Ward_101

Williams 40

i. and k. Impact of any change of chamber on travel time for judges, court personnel, attorneys, and litigants. Impact on affected judicial system employees (juvenile, transcript preparation, and clerks of district court).

[¶ 13] The petition of the trial court administrator indicates that on average Judge Robert W. Holte spends three days out of every work week in Minot, which requires Judge Holte and his secretary/recorder to travel approximately 15,000 miles per year.

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Bluebook (online)
2005 ND 221, 707 N.W.2d 251, 2005 N.D. LEXIS 268, 2005 WL 3477833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-change-the-resident-chambers-for-district-judgeship-no-7-northwest-nd-2005.