In Re the Judicial Vacancy in Judgeship No. 9 in the Chamber at Washburn

522 N.W.2d 747, 1994 WL 588531

• Court: North Dakota Supreme Court
• Decided: March 23, 1994
• Docket: 940027
• Status: Published

Opinion

ORDER

On April 5, 1994, the Honorable O.A. Schulz notified this Court that he would not seek election to District Judgeship No. 9 in the South Central Judicial District with chambers in Washburn, thus creating a va- caney as of January 1, 1995, under Section 27-05-02.1(4), N.D.C.C.

Section 27-05-02.1, N.D.C.C., requires a decision by the Supreme Court within 90 days after notification of a judicial vacancy, and requires an order that:

a. the vacancy be filled or the judgeship be retained; or,

b. the vacant office be transferred; or,

c. the vacant office be abolished.

A hearing on the vacancy was held before the Honorable Vernon R. Pederson, Surrogate Judge, sitting as a Hearing Officer, in Washburn on April 21, 1994. Consultation with judges and attorneys of the South Central Judicial District took place in the Supreme Court courtroom on May 9, 1994.

This order is based on the determination that the office is necessary for effective judicial administration under Section 27-05-02.1, N.D.C.C., notwithstanding the reduction in the number of judges required by Section 27-05-01(2), N.D.C.C.

IT IS THEREFORE ORDERED, that Judgeship No. 9 at Washburn in the South Central Judicial District be retained; that an election for this office be held; and that this office appear on the primary and general election ballots in North Dakota.

/s/ Gerald W. VandeWalle

GERALD W. VANDE WALLE,

Chief Justice

/s/ Herbert L. Meschke

HERBERT L. MESCHKE,

Justice

/s/ Beryl J. Levine

BERYL J. LEVINE,

/s/ William A. Neumann

WILLIAM A. NEUMANN,

/s/ Dale V. Sandstrom

DALE V. SANDSTROM,