Spring 2020 Gavel 268650 SBAND Gavel Magazine_web | Page 17

Despite not having much criminal
trial experience, he says he now enjoys
handling the criminal cases more than the
civil cases. “Most trials in federal court are
criminal. Only one to two percent of civil
cases proceed to trial because most civil
disputes are resolved before trial through
mediation.”
He says the judgeship holds many
rewards, but being able to ensure those
who appear in federal court are treated
fairly and with dignity and respect are
at the top of his list. “I have handled
thousands of criminal cases and you
realize most defendants are dealing with
serious addiction or mental health issues; the chronic abuse of
alcohol or street drugs; a childhood plagued with violence, physical,
or sexual abuse; and a lack of guidance, support, and direction.
Many never had a chance,” says Hovland. “It is just the feeling you
are hopefully having a positive impact on the people who appear in
federal court.”
“I just try to ensure justice and fairness are achieved throughout
the process and hopefully the outcome of their case will make
some difference in their lives,” he continues. “I don’t want to see
defendants get caught up in the revolving door of the courtroom. I
try to structure a sentence that will make a positive and meaningful
difference in their lives. I have had many offenders tell me the
best thing that happened to them was getting arrested and placed
into custody, and then having the opportunity to become involved
in treatment and education. They were finally getting help they
desperately needed.”
The Caseload
courtrooms in Bismarck, and they are now
busy all the time. The tremendous increase
in the trafficking of methamphetamine,
heroin, and opioids has reached epidemic
proportions in our state.”
Judge Hovland
speaking at the
May 2014 UND
Law School
Commencement.
In the last five years, Hovland says his criminal caseload has nearly
tripled, which he attributes largely to the state’s oil boom and an
influx of individuals from out of state. “The most unfortunate thing
I have seen is the significant increased volume of street drugs and
drug trafficking into this state,” he says. “There are three federal
Each of the cases he tries in a courtroom
is important to him, Hovland says. “I treat
all cases as important because, to those that
find themselves in federal court, it is the
most important case they have been a part
of. There are no unimportant cases.”
For nearly two years prior to taking senior
status, Hovland was the only federal judge
in North Dakota. “We have a bit of a
backlog now. It’s been a challenging couple of years since we were
without a federal judge in Fargo after Judge Ralph Erickson was
appointed to the Eighth Circuit Court of Appeals and before Judge
Peter Welte was appointed to the federal judgeship in Fargo. During
that time, we were also the only federal district court in the United
States without a senior status judge.”
Hovland says judges throughout the Eighth Circuit Court of
Appeals, other federal district judges from around the country, and
other senior judges traveled regularly to North Dakota to help.
“Without their hard work, unselfish contributions, and priceless
service, we would never have been able to keep up. Those other
federal judges presided over more than 500 hearings from October
2007 through November 2019.”
Despite having taken senior status and his position in Bismarck
now filled by Judge Daniel Traynor, Hovland plans to remain on
the bench full-time, for the time being. “Right now, we have three
federal judges working in the state and we need that to get on top of
the backlog of cases.”
Achievements
Hovland says he is proud of his efforts to get a federal public
defenders office in North Dakota. In the 1990s, statistics did not
Judge Hovland pictured with his wife, Kristen, center, and their children.
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