Winter 2021 Gavel | Page 5

Lawyers in the North Dakota Legislature

Legislator photos courtesy of the North Dakota Legislative Assembly
By Annie Bennett , Clearwater Communications
Eight lawyers were among those representing the citizens of North Dakota in the state ’ s lawmaking body when the 67th North Dakota State Legislature convened in January . The Gavel interviewed the lawyers serving in the state legislature about the issues facing the Legislature and the State Bar in the current session . Their responses are included below .
SEN . DAVID HOGUE District 38 Majority Caucus Leader Serving since 2009 University of North Dakota School of Law – 1987
What is the biggest challenge facing North Dakota this legislative session ? The biggest challenge is getting back to a new normal as safely and as quickly as possible . I hold great optimism for the efficacy of the COVID-19 vaccines and the ability of our state to rebound from the challenges caused by the pandemic . Of course , the new calendar year and the vaccines will not eliminate the challenges produced by COVID-19 . The COVID-19 pandemic has devastated the retail , restaurant , hotel , and tourism sectors of our state economy . Those industries are a big driver of sales tax revenue , the state ' s largest revenue source for general fund dollars . Our six major hospitals and the critical access hospitals have likewise been devastated by the pandemic . They need the support of state government as well . We will have to pay close attention to our revenue streams in the next quarter . If they suffer significant declines , we will have to decrease general fund spending .
What issues do you anticipate for the courts or the bar in the upcoming session ? I do not anticipate significant legislative issues for the courts this session . I am aware the Judicial Branch is not seeking additional judgeships . I am also aware the court system is seeking to replace outdated software for docket management of the juvenile court system and the North Dakota Supreme Court . Those upgrades have a large price tag , so they will get some scrutiny . I think the court system is dealing with the same challenges the legislative branch is currently addressing : conducting business responsibly in the COVID-19 environment .
SEN . MIKE DWYER District 47 Serving since 2019 University of North Dakota School of Law – 1977
What is the biggest challenge facing North Dakota this legislative session ? One of the major issues will be revenue and expenses . We have been pleasantly surprised our state budget is not as deficient as it looked like it might be at the beginning of the pandemic . But K-12 education , state employees , human services , higher education , and general funding will have to be examined very carefully as the future is a little more uncertain at this point . Criminal justice reform has been occurring in all 50 states for the last few years and will continue . The tough on crime practice of the 1990s has put people , especially minorities in our larger cities , in jail for minor violations . So , North Dakota and all other states are undertaking criminal justice reform .
The pandemic will drastically change how we operate , and it will limit spontaneous participation . It will be a learning experience for legislators , lobbyists , and the general public , and some of the changes will continue into the future . Due to the advanced technology , it will be easier to watch committee hearings remotely and to testify remotely if you have arranged to do so in advance . It should be a very interesting session .
REP . LAWRENCE KLEMIN District 47 Chairman of the House Judiciary Committee Serving since 1999 University of North Dakota School of Law – 1978
What is the biggest challenge facing North Dakota this legislative session ? The biggest challenge facing the North Dakota Legislature in 2021 will be the issues we have to face relating to the COVID-19 pandemic . We have had to restructure our legislative rules and procedures to provide for remote participation in the legislative process by legislators and the public . Legislators will have the ability to attend legislative floor sessions and committee hearings either
WINTER 2021 5