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

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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