So, You’re Applying for a Judgeship
By Hon. Gail Hagerty
North Dakota’s judicial system depends on having qualified applicants for vacant judicial
positions. Since 2013, North Dakota’s governors have made 24 appointments to judicial
offices, and there are current vacancies.
Under state law, when there is a vacancy in a judicial office because of a death
or resignation between elections, the Judicial Nominating Committee receives
notification from the Governor’s office and must submit a list of qualified nominees
within 60 days of the notification. The list must include at least two nominees and
may not include more than seven nominees. Of course, if a sitting judge decides
not to run for re-election, the judgeship is filled through the election process.
Once a list is presented, the Governor may fill the vacancy from the list of
nominees, return the list to the Judicial Nominating Committee and ask for a
new list, or call a special election.
The Judicial Nominating Committee consists of six permanent members. The
Governor, the Chief Justice, and the President of the State Bar Association of
North Dakota (SBAND) each appoint two members, with one being a judge or attorney
and the other a lay person. When a district judgeship is vacant, each of those who make appointments appoint an additional temporary member
from the judicial district having the vacancy.
Currently, the committee is chaired by John Olson. Other permanent members are Monte Rogneby, Susan Sisk, Tom Dawson, Jeremy
Bendewald, and Gail Hagerty. Tony Weiler, SBAND executive director, serves as secretary of the committee. Together, committee members
have developed the following suggestions for applicants.
• Talk to a district judge or Supreme Court justice to get an
understanding of the day-to-day work of the judgeship. Having a
good understanding of how judges spend their time will help you
focus on the skills necessary for the position and to tailor your
application to the position.
• Read the Code of Judicial Conduct.
• Take time to prepare your application carefully. Committee
members study them and details are important.
• Include a diverse list of references, if possible. Committee
members attempt to contact each reference and share the
information which is gathered. The committee gets a better idea
of your qualifications if information is obtained from individuals
who have worked with you in a variety of settings.
• Submit a recent writing sample, which has not been edited by
anyone (other than you). Because judicial positions require strong
writing skills, the writing sample is an important part of your
application.
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• Use the interview to sell yourself and your abilities. Interviews
are typically a half-hour and the same questions are asked of each
applicant. Generally, there is no right or wrong answer to the
questions. Instead, the committee is looking for thoughtful and
focused responses. Be prepared to tell the committee why your
name should be on the list of nominees.
• Prepare for the interview by visiting with attorneys who have
been through the interview process. This will give you an
opportunity to think about questions you might expect to be
asked.
• Understand the committee knows it takes some courage to
put your name forward and appreciates your time and effort.
Even if your name is not on the list of nominees submitted to
the Governor, your application makes the system work as it is
intended to work.
• Encourage others who are qualified to apply. Members of the
Bar are best served when there are highly qualified applicants for
vacant judicial positions. The committee relies on attorneys to
seek out and encourage colleagues to apply.