Bismarck Tribune - North Dakota News - Lawyer asking court to allow challenge

Lawyer asking court to allow challenge

Sep 09, 2008 - 04:05:17 CDT

By DALE WETZEL
Associated Press Writer

A lawyer is asking North Dakota’s Supreme Court to put his name on the November ballot to run against one of the court’s incumbent justices.

Robert V. Bolinske wants the Supreme Court to order Secretary of State Al Jaeger to list him as a challenger to Justice Daniel Crothers, who is running unopposed to serve the four years left on the term of former Justice William Neumann.

Colette Bruggman, the Supreme Court’s deputy clerk, said Monday that Bolinske’s request was being processed. Bolinske wants the Supreme Court to invoke its original jurisdiction, which means the justices would hear arguments without first having the case reviewed by a district judge.

The Supreme Court rarely uses its original jurisdiction authority, and the justices are not obliged to grant Bolinske a hearing.

Jaeger said he hoped the dispute is resolved soon because state law requires him to finalize the November statewide ballot lineup by Wednesday. Absentee ballots need to be printed in less than three weeks, he said.

“I don’t know how quickly this is going to happen,” Jaeger said. “We’ll just have to see if the court agrees with (Bolinske), or agrees with our position.”

Jaeger has refused to list Bolinske on the statewide ballot because he did not run in the June primary election. Candidates for nonpartisan offices, including judges and county commissioners, must run in the primary to be eligible for the fall race unless there is a vacancy on the ticket, Jaeger said.

Bolinske said health problems precluded him from running in the June primary.

In a court filing delivered to the Supreme Court on Monday, he argued that his candidacy should be allowed because Crothers has no challenger. A candidate running unopposed is the same thing as having a ballot vacancy, Bolinske wrote.

News > State

Printer friendly version Lawyer asking court to allow challenge

Comments

What wrote on Sep 9, 2008 3:15 PM:

" If he isn't smart enough or willing to follow the rules like every other candidate for every other office, why would he make a good judge? The harm that would be done by letting him run would be that the rules could then be ignored by everyone. If you don't like the rules, talk to your legislature. By the way, there are three judges in the South Central District who have been on the bench six years or less. "

let him run wrote on Sep 9, 2008 9:23 AM:

" let this attorney run in the election - what harm can it do? maybe get some new blood on the judgeships? hmmmm......maybe it is time for a change - get rid of some of the old guard and get some new people/attorneys in there - why should they run unopposed? that does not seem right or fair - let this guy run - i am sure he would do a great job.... "

Post Your Own Comment

All online comments are limited to 350 words total.
Comments are reviewed for taste, tone and language before posting.
Some comments may be used in the Tribune's print edition.
We value and respect your privacy, but The Bismarck Tribune might
disclose certain information to governmental entities if served with subpoena.