important work both on and off the bench.“ I’ ve been a huge proponent of getting out and showing what the Court does,” he said.
Crothers supported taking the Court outside the confines of the capitol and into schools and communities, making it more accessible to the community, which may otherwise be unfamiliar with the work of the Court. He even suggested scheduling evening arguments so more members of the public could attend outside what may be their typical working hours.
At times, the Court has held arguments at UND School of Law. Whether it be through traveling arguments or hiring UND School of Law graduates as clerks, the Court maintained a tradition of working closely with and providing meaningful opportunities to law students and new lawyers in the state. Crothers was no exception. He often gave back to the community by way of teaching and education. Crothers’ commitment to education also involved judicial training initiatives, including the Justice Maring Judicial Education Institute, which reinforces the philosophy that courts must continuously learn as well as teach.
Justice Crothers served on many committees focused on judicial ethics and professional conduct, including several American Bar Association committees.
Lawyer Sanctions( 2d Ed. 2019), and The ABA Cybersecurity Handbook( Chapter 3:“ Data
Security & Lawyer’ s Legal and Ethical Obligations to Clients”)( 2013).
Beyond the work done outside of the capitol, Crothers reflected on the work done behind the scenes. He remarked on the importance of collaboration and collegiality. Unlike most judges, justices of the Court may not unilaterally issue orders; rather, they must come to a majority opinion.“ Collegiality in an appellate court is essential,” he said.“ It takes three people to decide where the comma goes.”
Crothers was proud of the high level of collegiality the Court has always managed to maintain throughout the duration of his tenure. He noted that even when the justices disagreed on the application of law to the facts before them, they were always able to disagree without being disagreeable. Their collegiality allowed them to navigate even the most difficult of cases in an effective way.
LOOKING AHEAD
Crothers’ teaching activities reach far beyond North Dakota. He taught as adjunct faculty for the National Judicial College, educating United States and foreign judges on the Code of Judicial Conduct, and specifically on topics such as ethics of social media, ethical use of evolving technology, judicial disqualification, ethics of independent judicial investigation, and discovery and admission of electronically stored evidence. Additionally, Crothers instructed lawyers and judges in more than 225 seminars and programs across the United States, and in the Federated States of Micronesia, Guam, Palau, Saipan, the Virgin Islands, and Ukraine. Seminar topics included ethics and technology, discovery of electronically stored information, admissibility of electronically stored information, judicial disqualification and recusal, ethical limits of independent judicial investigation, ethics for new judges and their families, jurisprudence, statutory construction, collegial court relations, adjudicative independence, inherent judicial authority, professionalism, and judicial leadership.
As someone with a niche for writing, Crothers has authored several articles as well as a 2021 North Dakota Law Review article entitled,“ The Wrong Road Taken: Social Media Content, Self- Authentication and Misapplication of the Business Records Rule.” He was a contributing author to Presiding Over A Capital Case( Chapter 3:“ Pretrial Matters Unique to Capital Cases”)( National Judicial College, 2020), ABA Annotated Standards for Imposing
As he steps away from the bench, Crothers prepares for a new and welcome role of grandfather. Retirement will undoubtedly come with more family time and days spent at the lake, maintaining his family farm, or traveling. He intends to keep teaching, and the community certainly has a benefit to gain from his continued involvement in education.
When asked about his legacy, Crothers would not indulge in the conversation. However, he recalled a line from a speech given by a colleague that resonated with him:“ Attorneys need to remember that most of the hard decisions are made when no one is looking.” To that end, Crothers charged the legal community with working hard and doing the right thing, even when no one is looking.
That principle may best summarize Crothers’ distinguished career: a disciplined commitment to the Court, legal education and the integrity of the law, and work done regardless of politics, pressure, or praise.
Authors Katie Winbauer and Quinn Askew clerked for Justice Crothers in 2021-22 and 2015-16, respectively. Each extend sincere gratitude to him as a significant mentor in their own legal careers and well-wishes upon his retirement.
14 THE GAVEL