come before the legislature at the same time as prison expansion requests and final plans for the new women ’ s prison .
Among many other expected issues : funding for the courts and justice-related efforts , gambling , and a variety of bills seeking changes in the criminal and custody statutes . HB 1032 deals with district and municipal courts , jurisdiction , procedures , and other issues of interest to the courts and the bar .
What can members of the bar do to assist you in your legislative work ? The input and insight of individual attorneys , justice-related organizations , and advocacy groups is invaluable , and I greatly appreciate when lawyers take their valuable time to comment on bills , testify , or provide their opinions and expertise in any of a variety of ways during the legislative session . Legislative Council has a marvelous group of talented and hard-working attorneys , but there should be twice as many , and their role is different from the private bar which can express outside practitioner opinions . There are so few lawyers as members of the House and Senate that it is incredibly helpful to have additional assistance from the bar and its members in reviewing , analyzing , assessing , advising , critiquing , and commenting on the effects of proposed legislation . Our profession is so diverse in expertise ; so educated in legal process , procedure , and policy ; and so practiced in critical thinking that bar participation in all aspects of the legislative session is instrumental in creating better outcomes .
Sen . David Hogue District 38
• Serving since 2009
• University of North Dakota School of Law – 1987
• Senate Majority Leader
What are some of the biggest challenges facing North Dakota this legislative session ? Like the prior session , we will have an abundance of recurring state revenue and we will endeavor to strike the right balance between returning revenue to taxpayers and funding projects that are worthy of state resources . We will be challenged to reform the property tax levy system . There is strong consensus the legislature ’ s previous efforts of sending property tax relief dollars to the political subdivisions for the past 13 years has not adequately controlled the increases in the amount of property taxes levied by cities , counties , and school districts .
What issues do you anticipate for the courts or the bar in the upcoming session ? The legislative branch continues to be impressed by the delivery of justice – both criminal and civil – by the judicial branch . Our largest concern is addressing the prison population capacity at the state and county level . We don ’ t want the population levels to affect sentencing on the front side , so I think we ’ ll see an effort to address that . I applaud SBAND ’ s efforts to reduce the continuing education requirements for members of the bar . The CLE requirement was initiated and implemented before the invention of the internet . In that era , practicing lawyers would have to wait months to receive advance sheets of new cases or supplements to the Century Code . I receive continuing education from the North Dakota Supreme Court and professional legal organizations every week through their websites and daily email updates . It ’ s long past due to overhaul the CLE requirements and recognize continuing education is happening every week for the majority of practicing attorneys .
What can members of the bar do to assist you in your legislative work ? Members of the bar have heightened credibility with most legislators because members use and apply the North Dakota Century Code in their practice . If members see a bill they support or oppose , they should step forward to testify . Almost all committee chairs will permit remote testimony , so bar members who live outside of Bismarck need not be limited by the burden of traveling .
Rep . Zachary Ista District 43
• Serving since 2020
• American University Washington College of Law – 2012
• House Minority Leader
• House Finance and Taxation Committee
What are some of the biggest challenges facing North Dakota this legislative session ? The top issue remains lowering the cost of living for North Dakotans . This includes big-ticket costs like housing , healthcare , and property taxes , but also comparatively smaller costs like school meals . Families across the state are really feeling the pinch , with many struggling to get by and even more struggling to get ahead . But the good news is , we enter this session in a strong financial position , which gives us the opportunity to make a positive impact for all North Dakotans through strategic investments . Beyond these cost-of-living issues , we also need to continue efforts to recruit and retain workforce and expand access to affordable mental health and substance abuse treatment across the state .
What issues do you anticipate for the courts or the bar in the upcoming session ? We will continue to address the attorney shortage in North Dakota , particularly in rural areas . While not unique among professions in our current workforce crisis , the lack of attorneys throughout the state represents a real disservice for those in need of legal help . I hope we will also work to increase compensation for indigent defense so more attorneys can pursue that career in a way that is financially viable for them . In addition , I anticipate conversations about funding for our courts ( including infrastructure and technology needs ), adult guardianships , specialty courts , and continued work on juvenile justice and child welfare .
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