Rules changes worry justice

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New federal court rulings have loosened restrictions on how North Dakota state judges may run their campaigns, and the state's chief justice and a Bar Association spokesman are worried about the potential effects.

Judges who may seek political party endorsements, solicit campaign contributions and declare their beliefs on issues are more likely to have to remove themselves from hearing cases because their impartiality might be questioned, Chief Justice Gerald VandeWalle said.

"We have a very small judiciary, and if we have judges recusing for this, that and some other reason … it presents its own set of problems in finding judges to replace them," VandeWalle told the Legislature's interim Judicial Process Committee on Monday.

The committee, which is chaired by Sen. Stanley Lyson, R-Williston, is studying the impact on judicial campaigns of recent federal court decisions that give judge candidates more freedom to raise money and speak about issues they might later confront on the bench.

One ruling came last March, when U.S. District Judge Dan Hovland concluded that candidates for state district judge could answer questionnaires from the North Dakota Family Alliance, a socially conservative organization.

Some candidates had said North Dakota's judicial conduct code prevented them from answering the questions, but Hovland ruled the code violated the candidates' right to free speech.

Normally, North Dakota candidates for judgeships limit themselves to discussing their legal qualifications and personal backgrounds. They are barred from raising their own campaign money, instead leaving the job to a separate fundraising committee.

Judge candidates are not supposed to know who their donors are, although the names of backers who contribute more than $200 are reported in public disclosure filings.

VandeWalle said federal court decisions have either invalidated those restrictions or put their legality in serious doubt. He has asked the Supreme Court's Judiciary Standards Committee to review the issue, the state Bar Association has formed a special task force.

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