“ The selection process is not a formality,” he continues.“ Some people have won their judgeship in their interview.”
THE IMPORTANCE OF THE PROCESS
“ Everyone can be confident that all those who apply will get a fair shake at the committee and Governor’ s Office levels,” says Armstrong, noting the background of the judges he has appointed thus far range from law clerk to judicial referee to civil attorney.“ The type of lawyer doesn’ t matter as much as how good of a judge you will be.”
Gov. Kelly Armstrong speaking at the Feb. 10 investiture of appointed Northeast Judicial District Judge Ashley Samuelson.
“ I tell the committee,‘ don’ t worry about what type of background a candidate has, just send us the smartest and best people for the job,’” he continues.
When Armstrong interviews a candidate, he notes there are four interviewees taking part in the process. This includes the governor’ s office chief operating officer, chief of staff, general counsel, and himself. Of the four, three are lawyers.
He says all candidates are asked the same set of questions by the staff members, and he will ask questions in response to a candidate’ s answers.“ The three of them are running structured questions and I am taking them down the rabbit hole,” says Armstrong.“ We want to make sure we have a baseline of questions to keep things fair.”
A common misconception about selecting a judge is that the individual is being selected for an easier job.“ Many individuals take a pay cut to be in these jobs, and they are going to work hard and have to learn a new skill set,” says Armstrong.
He says he doesn’ t get through the selection process without feeling the pressure of choosing the best candidate for the bench.“ Picking a Supreme Court Justice has been the most stressful thing I have done in office,” says Armstrong.“ All of the positions we are filling will outlast me as governor.”
“ The black robe still really matters, so we take this very seriously,” he continues.“ One of the highest callings in the bar is to be a judge. There is no better way to give back than applying to be a judge.”
There are different traits Armstrong says he is looking for in candidates, depending on what type of judgeship he is working to fill.“ Justices and trial court judges have different skill sets,” he says.
One of the most important traits he pursues is how the candidate views being a judge.“ I want a judge that doesn’ t forget what it is like to be a trial lawyer,” Armstrong notes.“ If you are in a courtroom, it might not be the most important thing to the judge on the docket, but it is the most important thing to the litigants.”
He says he is looking for someone who will show compassion and give people the time they deserve.“ The courtroom is a vast majority of people’ s interaction with government and when they walk into a courtroom, it usually means something hasn’ t gone to plan,” Armstrong notes.“ I want people to know this is fair and people care, from selecting judges to what happens in the courtroom.”
As a former trial lawyer, Armstrong says he has a different perspective on choosing judges.“ I have a unique take on what makes a good judge.”
Each candidate is asked if they plan to run for election once their appointment is complete, says Armstrong.“ That is a lot of work for a judicial team if the candidate doesn’ t plan to put in the time after the appointment.”
James R. Maring jmaring @ serklandlaw. com
701-232-8957 serklandlaw. com 10 Roberts Street N., Fargo ND 58102
Trusts and Estates Practice Areas Estate Planning and Probate Business and Commercial Law Tax Debt Resolution( State and Federal) Tax Litigation Real Estate
Licensed in North Dakota, Minnesota and Arizona
SUMMER 2026 19