WORK OF THE BENCH
Throughout his time on the Court, Crothers paid close attention to details. It was important to him that the Court’ s opinions were legally sound and delivered in a manner that was clear, concise, and useful for readers. He strove to maintain the perspective of a practicing lawyer. He knew having time to thoroughly research legal nuances as they related to the facts of each case was a luxury. Oftentimes, lawyers and judges are burdened by heavy caseloads. Time and cost restraints can make lengthy research impractical. For these reasons and others, Crothers felt it was important the Court took the time necessary to find the“ right” answers, correct errors where they may exist, and communicate those answers respectfully with the busy members of the bar.
In identifying qualities his successor would benefit from – including intellectual curiosity, an appreciation for the uniqueness of each case, and a willingness to chase down rabbit holes – Crothers recalled his appreciation for the work of the Court and its tradition of thorough, accurate legal analysis. For example, while in private practice, there was a particular legal issue he thought the Court had gotten wrong. When that issue came before the Court after he took the bench, he spent considerable time researching and analyzing it as far back as he could go. As it turned out, he ultimately agreed with the Court’ s precedent which he previously thought erroneous. This reinforced for him the importance of taking the time to fully analyze an issue, which is both a privilege and an obligation of the Court.
His professionalism with, and respect for, each of the many roles played by others is a hallmark of his career.
Justice Crothers was sworn into the Supreme Court by long-serving Chief Justice Gerald VandeWalle.
Embracing the Court’ s evolution, Crothers readily participated in the steady modernization of
Court operations. He recalled early days of written memorandum being sent around chambers, which eventually turned into email messaging. Now, the justices regularly engage in Teams messaging to communicate about cases. Aside from the running dialogue made possible by Teams, the justices also met more frequently in recent years, which helped keep the workload both manageable and current. Crothers opined the North Dakota Supreme Court may be one of the most current state supreme courts in the country.
During his tenure, Crothers worked with two dedicated legal assistants, mentored 22 new-attorney law clerks, authored just shy of 1,000 majority opinions for the Court, and authored 149 of his own separates. He also chaired several committees focused on judicial ethics and professional conduct. Most recently, he served as chair of North Dakota’ s Committee on Judiciary Standards and the American Bar Association( ABA) Standing Committee on Professional Responsibility. He also is past chair of the North Dakota Judicial Conference and countless ABA committees.
BEYOND THE BENCH
Crothers believes courts function best when the public understands how and why decisions are made. For this reason, the Court does
Crothers respected each one of the numerous individuals who had reason to encounter the judiciary or work with it. This included the parties in the case, the district judges whose orders he reviewed, the attorneys who argued before him, and the staff members doing so much of the work behind the scenes. He listened and engaged in thoughtful consideration without ego. As he noted, in both litigation and judging, one must not get personal.
Throughout his career, Justice Crothers supported bringing the Court into communities and schools, making it more accessible to the public.
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