The State Bar Association of North Dakota Winter 2014 Gavel Magazine | Page 36

Judicial nominating process helps select quality judges Duane Houdek Judicial Nominating Committee Chair Jerod Tufte Governor Jack Dalrymple’s Legal Counsel Since June 2013, there have been vacancies in six state judgeships that have required an appointment by the Governor. They have included the three new judges in Williston, Watford City and Fargo that were created last year by the State Legislature, as well as replacement judges caused by the retirements of Judge Joel Medd of Grand Forks and Justice Mary Muehlen Maring from the Supreme Court. The sixth vacancy is in the East Central District Court, created by the appointment of Lisa Fair McEvers to fill Maring’s unexpired term on the Supreme Court. This is expected to be completed in February. Considering that North Dakota averages one judicial vacancy a year, the need to fill such an unusually high number of judicial vacancies has triggered many 34 meetings and hours of consideration for those involved in the state’s judicial nominating process. Bismarck attorney Duane Houdek, who chairs the Judicial Nominating Committee, says that with a resignation of a judge whose term has not expired, the process begins and ends with the Governor. “Judges send a letter to the Governor notifying him of their decision to resign,” says Houdek, “The next step is for the Supreme Court to rule that the position should be filled. The Committee then receives a notice from the Governor seeking nominations for the open judgeship.” The Judicial Nominating Committee has six permanent members, both lawyers and non-lawyers. Two members are each selected by the Chief Justice, the State Bar Association of North Dakota and the Governor, all for threeyear terms. “When it is a district court vacancy, three temporary members who live in that district are added to assist in the process,” says Houdek. The committee has 60 days from receiving the Governor’s notice to submit nominations. The law allows for between two and seven nominations, and Houdek says the committee usually submits three to six names. Upon receiving the nominations, the Governor has the option of making an appointment from the list, rejecting the list and directing the committee to submit new names, or rejecting the list and calling a special election. “I have never known of the Governor rejecting the list from the committee or calling an election, but they are available options,” Houdek says. Once