In Re the Judicial Vacancy in District Judgeship No. 6

2001 ND 199, 637 N.W.2d 3, 2001 N.D. LEXIS 241, 2001 WL 1591439
CourtNorth Dakota Supreme Court
DecidedDecember 14, 2001
Docket20010229
StatusPublished
Cited by9 cases

This text of 2001 ND 199 (In Re the Judicial Vacancy in District Judgeship No. 6) 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 the Judicial Vacancy in District Judgeship No. 6, 2001 ND 199, 637 N.W.2d 3, 2001 N.D. LEXIS 241, 2001 WL 1591439 (N.D. 2001).

Opinions

ORDER

[¶ 1] The sad occasion of the death of our colleague The Honorable Glenn Dill III on September 12, 2001, and the subsequent notice received from Governor John Hoeven of the vacancy of Judgeship No. 6 chambered in Minot require this Court to consider the judgeship under § 27-05-02.1, N.D.C.C., which provides:

1. Notwithstanding section 44-02-03, when a vacancy occurs in the office of district court judge, the supreme court shall determine, within ninety days of receiving notice of the vacancy from the governor and in consultation with the judges and attorneys in the affected judicial district, whether that office is necessary for effective judicial administration or whether a district judgeship may be transferred to the location to fulfill a need for judicial services. The supreme court may, consistent with that determination, order that:
a. The vacancy be filled in the manner provided pursuant to chapter 27-25;
b. The vacant office be abolished, with or without transfer of a district judgeship as provided by subsection 5; or
c. The vacant office be transferred to a judicial district in which an additional judge is necessary for effective judicial administration, and that the vacancy be filled in the manner provided pursuant [4]*4to chapter 27-25 with respect to that judicial district.

[¶ 2] Under § 27-17-03, N.D.C.C., and N.D. Sup.Ct. Adrain. R. 7.2, the Court designated the Honorable James H. O’Keefe, Surrogate Judge, Hearing Officer to conduct a hearing and to receive written comments in this matter. . Judge O’Keefe conducted a public hearing in Minot, North Dakota, in the Ward County Courthouse, on November 5, 2001. The written comments received by the Hearing Officer included the Statement of Presiding Judge Robert W. Holte in support of retaining the judgeship in Minot; a Request for the Transfer/Relocation of the judgeship to the Southeast Judicial District with chambers in Jamestown, submitted by Presiding Judge John T. Paulson; and a Request for the Transfer/Relocation of the judgeship to the East Central Judicial District, submitted by Presiding Judge Michael 0. McGuire. Judge O’Keefe’s written report of the hearing and his recommendations, together with the written comments and a transcript of the hearing held in Minot, were submitted to the Court on November 19, 2001. Judge O’Keefe recommended the judgeship be retained in Minot.

[¶ 8] For purposes of consultation with the judges and attorneys in the affected judicial districts, the Court conducted a hearing in the Ralph J. Erickstad Courtroom of the Supreme Court in Bismarck on November 27, 2001.

[¶ 4] Section 4 of N.D. Sup.Ct. Admin. R. 7.2 provides the criteria for consideration on the retention or transfer of the judgeship:

The hearing officer or hearing panel, or the Supreme Court, or both, shall consider evidence regarding the following criteria concerning disposition of the vacancy:
1. Population;
2. Caseloads and unusual case types;
3. Trends in 1 and 2;
4. Impact of proposed vacancy disposition on travel requirements;
5. Age or possible retirement of remaining judges in the affected judicial district; and
6. Availability of facilities (e.g., law enforcement, correctional, and court facilities).

[¶ 5] Under these criteria, the Court has considered all of the submissions received by the Court and submitted to the Hearing Officer. The Court has also considered its own administrative records and public information pertaining to the criteria available from other public agencies of government. Because Ward County, Stutsman County and Cass County each have adequate and appropriate law enforcement, correctional and court facilities, we have determined criterion 6 is not a factor in our determination. Criterion 5 is not a significant consideration in this decision.

[¶ 6] Applying criteria 1 through 4, we determine that retention of Judgeship No. 6 in Minot is not necessary for the effective judicial administration in that district and the judgeship shall be transferred to the East Central Judicial District to be chambered in Fargo where an additional judge is necessary for effective judicial administration. The judgeship shall be designated Judgeship No. 8 and the vacancy in this judgeship shall be filled in the manner provided in chapter 27-25 with respect to the East Central Judicial District.

[¶7] In arriving at this decision we have considered the following information pertaining to criteria 1 through 4:

I. Population and Trends.

[¶ 8] We have considered population and trends on a district wide basis and also [5]*5for the specific county in or to which it has been proposed the judgeship be retained or transferred. To examine trends in population changes, we have reviewed data assembled by the U.S. Census Bureau and the North Dakota State Data Center at North Dakota State University (“State Data Center”). The population changes from 1990 to 2000 in the districts under review are reflected in the following graph based on data assembled by the State Data Center and the U.S. Census Bureau in its Profiles of General Demographic Characteristics: 2000:

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[¶ 10] This population data illustrates clearly discernible trends. Over the past two census periods, the East Central Judicial District has experienced a steady increase in population. The increase is projected to continue for the next decade. Over the last two census periods, the population in the Northwest and Southeast Judicial Districts has generally declined and population projections for the next decade indicate marginal change. The impact of these population dynamics is reflected in the relationship between available or potential judicial resources and the population within the districts. Based on the 2000 population, the East Central Judicial District, with 7 judges and 2 referees, has a population per judge/referee of 14,875. An additional judge in the district reduces the population per judge/referee to 13,387. The Northwest Judicial District, with 7 judges and 1 referee, has a population per judge/referee of 11,931. The loss of a judge in that district increases the population per judge/referee to 13,636. The Southeast Judicial District, with 6 judges and no referees, has a population per judge of 14,461. An additional judge in the district would reduce the population per judge/referee to 12,395. Thus, based on 2000 population figures, the transfer of the vacant judgeship to the East Central Judicial District results in relative parity in population per judge/referee. This relative parity remains constant when considering projected district populations over the next fifteen years. Based on the projected 2010 population, the East Central Judicial District with an additional judge would have a population per judge/referee of 13,892. The Northwest Judicial District after a transfer would have a population per judge/referee of 13,907. The Southeast Judicial District, with the current [6]*6complement of 6 judges, would have a population per judge of 13,838. When considering the projected 2015 population, the East Central Judicial District with an additional judge would have a population per judge/referee of 14,327.

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In Re the Judicial Vacancy in District Judgeship No. 6
2001 ND 199 (North Dakota Supreme Court, 2001)

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Bluebook (online)
2001 ND 199, 637 N.W.2d 3, 2001 N.D. LEXIS 241, 2001 WL 1591439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-vacancy-in-district-judgeship-no-6-nd-2001.