North Dakota's two new district judgeships - the first in eight years - should be based in Minot and Jamestown, two cities that lost judges during a state court consolidation in the 1990s, attorneys say.
A rising caseload in Minot, the largest city in North Dakota's northwest judicial district, "has slowed the wheels of justice," Charles DeMakis, president of the Ward County Bar Association, said in a letter to the North Dakota Supreme Court.
The court has been soliciting comments about where the new judges should be based. Responses reviewed by The Associated Press show most believe the jobs should go to Minot and Jamestown.
"The chambering of an additional judge in Minot will allow easier access to the system … and swifter decisions and adjudication of matters," DeMakis wrote. The six-county district now has six judges - four based in Minot and two in Williston.
In southeastern North Dakota, most incumbent judges agree the new position should be based in Jamestown, said John Paulson, the district's chief administrative judge. The district has 11 counties and six judges.
Although Jamestown is the region's largest city, it has had only one judge since 1997, when incumbent James Wright was killed in a truck accident. Wright's job was abolished by the Supreme Court after legislators voted to cut the number of district judges in the state to 42 by January 2001.
Minot lost two judgeships during the consolidation process, although it regained one of them when the Supreme Court transferred a judgeship from Stanley to Minot.
District judges handle trials. For the past eight years, North Dakota has had 42 district judges, who are divided among seven judicial districts. They are paid about $108,000 annually. On July 1, their salaries will rise to about $114,000.
Chief Justice Gerald VandeWalle asked the Legislature this year to authorize three new judgeships, with the appointment of the third delayed for two years. It was the first time the chief justice had requested new judgeships since the consolidation process was completed.
Lawmakers agreed to two new judgeships.
Arguing for one in Jamestown, Paulson said the judicial workload there is increased by the presence of a state prison, the James River Correctional Center, and the state psychiatric hospital.
The incumbent judge, John Greenwood, handles some mental health commitment hearings from around the state, Paulson said in comments to the Supreme Court.
"These are time-consuming, and play havoc with the court calendar, because of the time constraints and the fact that hearings are hard to gauge in length," Paulson wrote.
Gov. John Hoeven must appoint the new judges by Jan. 31. Candidates will be screened by a judicial nominating committee, and Hoeven's staff attorney, Ryan Bernstein, said the appointment process will begin shortly.
In all, Hoeven is scheduled to appoint three judges in the next seven months. He also must choose a successor to Dickinson Judge Allan Schmalenberger, who is retiring July 31.
Posted in State-and-regional on Saturday, June 20, 2009 12:00 am
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