Members Present: Judge William Herauf, Chair Justice Mary Muehlen Maring Judge Dan Narum (by phone) Cory Pedersen, Juvenile Court Director, Unit 3 (Proxy for Scott Hopwood, Juvenile Court
Director, Unit 4)
Members Absent: Judge Doug Mattson Judge David Reich Judicial Referee to be appointed
Staff Present: Louis Hentzen, Asst. State Court Administrator Catherine Palsgraaf, Scribe
Guest: Chloe Kilwein
Judge Herauf called the meeting to order. A motion was made by Justice Maring to approve
the May 18, 2012 and August 31, 2012, minutes, as amended. The motion was seconded by
Mr. Pedersen, motion carried.
Juvenile Court Officer Association Letter:
Mr. Hentzen summarized the letter from the Juvenile Court Officer Association. The
Association requested that the Association submit a list of suggestions for the next juvenile court
officer representative per Administrative Rule 35. According to rule, juvenile court officer
representation on the board is by appointment from names submitted by the Juvenile Court
Officer Association. Karen Kringlie, whose term on the board expired January 1, 2013, was
appointed from the Association suggestions before she was hired as director of Unit 2.
Currently, the Association membership totals approximately twenty members. Administrative
Rule 35 does not include a Juvenile Court Director and Mr. Hentzen provided a suggested
language change to the rule to add a director to the board.
Justice Maring asked who Scott Hopwood is representing. Mr. Hentzen answered that Mr.
Hopwood was appointed as the Juvenile Court Officer Association member. Justice Maring
asked if the rule changes, will two directors be on the board as Scott is currently the Juvenile
Court Officer Association member. Mr. Hentzen responded that if the rule change is approved,
Mr. Hopwood would become the director member and a juvenile court officer suggested by the
Association appointed as the Association member of the board.
Judge Herauf supported a language change to include a director and expressed concern about the
dwindling ranks of the Association. Judge Herauf stated the importance of including a director
and juvenile court officer representative to board membership.
There was discussion about the proposed language change which changes the current process of
Chief Justice appointment of board members to the State Court Administrator appointment of the
director board member. Consensus was to keep the current process in place for appointments.
Mr. Pedersen stated that it is important that the pool of juvenile court officers suggested for
appointment by the Association include the entire state, not just Association membership. Mr.
Pedersen believes the language of the current rule allows the Association to consider all juvenile
court officers in the state in the list submitted to the Chief.
A motion was made by Justice Maring to approve a language change to Administrative
Rule 35 as follows:
“Section 3. Membership. The Juvenile Policy Board shall consist of three district judges appointed by the North Dakota Judges' Association, one district judge and one judicial referee appointed
by the Administrative Council, one district judge or supreme court justice appointed by
the Chief Justice,and one juvenile court officer appointed by the Chief Justice from a list
submitted by the Juvenile Court Association, and one juvenile director appointed by the
Chief Justice. Terms of the members shall be for a three-year period and shall be
staggered in such a manner to ensure that at least two members shall be up for election or
appointment annually. A member may not serve more than three consecutive terms. A
former member who served three consecutive terms is eligible for reappointment after a
six-year break in service. The Chief Justice may appoint members to fill vacancies which
occur for an unexpired term. The membership shall reflect the geographic and population
diversities of the state and no more than two judges may be from any one judicial
The motion was seconded by Mr. Pedersen, motion carried.
Mr. Pedersen asked about the process of appointing a referee to the board, as Dale Thompson’s
term expired January 1, 2013 and a replacement has not yet been appointed. Mr. Hentzen stated
that Sally Hollewa, State Court Administrator, sent a letter to all judicial referees to determine
interest in serving as a member on the board. She received three names, one referee from Unit 2
and two referees from Unit 3. Mr. Hentzen relayed that Ms. Hollewa believes Administrative
Counsel must formally nominate a referee to the board. Then next meeting of Administrative
Counsel is February 22, 2013.
Mr. Hentzen reviewed the board members whose terms expired on January 1, 2013. Karen
Kringlie’s and Dale Thompson’s 3rd three year consecutive term expired and they cannot be
reappointed. Judge Herauf’s 2nd three year term expired. Judge Narum, as President of the
North Dakota Judge’s Association, reappointed Judge Herauf to a 3rd three year term and Judge
Judge Herauf stated that he needs an appointment from the Juvenile Court Officers Association.
Mr. Pedersen agreed to obtain a list of suggested appointees from the Association and provide
the list to the Chief and give a copy to Judge Herauf.
Mr. Hentzen reported on the Senate Judiciary Committee Hearing held on Tuesday, Jan 15,
2013. The message Mr. Hentzen received from others who attended the hearing is that EJJ will
likely die in the Senate Judiciary Committee. Mr. Pedersen, who attended the hearing, stated
that there was little to no support from the committee for the bill at the hearing.
Judge Hearuf expressed his gratitude to the board for their work on this issue and thanked Justice
Maring and Mr. Pedersen for testifying at Interim Judiciary Committee hearings. Unless the
board becomes aware of further EJJ developments, the board will assume the bill is dead.
Mr. Pedersen reported that work on the Best Practices Manual update is in the final stages. As a
last step, all juvenile court officers were asked to review the updated manual and suggest any
additional changes. The updated manual will likely be presented for board review at the next
The directors drafted changes to the 400 series policies and will likely present their suggested
updates at the next board meeting. Judge Herauf asked that the drafts be sent two weeks prior to
the meeting so board members have sufficient time to review.
Annual ICWA training is scheduled February 20-22, 2013 in Mandan. Mr. Pedersen and eight
juvenile court officers will attend. Mr. Pedersen distributed the agenda for perusal.
The Juvenile Court Officer III of the Devil’s Lake office, Karen Olsen, retired. Patricia Rime
was hired for the position.
Mr. Pedersen reported on audits and reports that are in process or were completed since the last
meeting. A statewide CMS audit was conducted to ensure data is entered correctly and
accurately. The YASI Specialists group, consisting of one juvenile court officer from each unit,
conducted a preliminary YASI audit. The specialists distributed a YASI risk screening scenario,
scored the answers and determined areas of inconsistency across the state. The specialists will
retool in their unit as appropriate. The directors are preparing to write the juvenile court annual
report for 2012.
Mr. Pedersen distributed preliminary, unofficial 2012 juvenile court data. Data comparing 2011
to 2012 referrals show 2012 had just 9 more referrals overall than 2011. Deprived cases
statewide have increased, while delinquent and unruly cases have decreased.
Justice Maring stated that she has heard referrals are down in some areas of the state, especially
in the west. Are referrals down or is law enforcement overwhelmed? Mr. Pedersen answered
that his sense is law enforcement is overwhelmed with adult crimes and stretched thin. A lot of
families are moving to the oil field with younger, elementary school aged children, so there is a
bubble moving through the system, which is anticipated to catch up in a year or two. Mr.
Hentzen stated that his understanding is that many men moving to the oil field have not brought
their families and law enforcement has been busy with adult crimes, such as assaults. Some
families have started to move in as housing begins to catch up with demand.
Judge Herauf asked if YASI is a risk and needs assessment and if the assessments are used to
recommend programs that are appropriate for the risk level. Mr. Pedersen answered that YASI
is a risk and needs assessment and assigns juveniles into risk categories ranging from low to
high. The Best Practices Manual includes two grids to assist juvenile court officers with
recommending and assigning programs that correspond with the risk category. Mr. Pedersen
explained that the YASI assessment is currently used as a probation tool and not completed until
after a youth is adjudicated and placed on probation. Justice Maring stated that risk and needs
assessment training would be good for judges and will ask to Lee Ann Barnhardt about the
possibility of incorporating into training. Judge Herauf stated that once the reasons for risk and
needs assessments is understood, the mindset can change. This training is also a part of drug
Mr. Pedersen reported on juvenile drug courts and a mindset change among some addiction
specialists who believe drug court intervention should occur earlier for juveniles. Justice Maring
explained that with juvenile addiction, earlier intervention is tied to increased success. This can
run contrary to juvenile court philosophy that too much intervention may unnecessarily escalate
a juvenile, but addiction is a different mindset. Justice Maring is scheduled to meet with the new
director of DHS, along with Marilyn Moe, Juvenile Drug Court Coordinator. A supportive
relationship between Juvenile Drug Court and DHS is vital for the success of these children.
Justice Maring asked to let her know of anything else to discuss with the new director.
Juvenile court offices statewide will begin conducting a victim survey on Feb 1, 2013 to assess
how victims feel about the juvenile court process. Juvenile courts currently send victim impact
statements and victim rights pamphlets to victims. The survey will be mailed post disposition to
victims who return victim impact statements to juvenile court.
Years ago, juvenile courts published an information pamphlet for parents available in juvenile
court offices. The directors are in the process of creating new information pamphlets for
families accessing juvenile court: one for deprivation cases and one for delinquent/unruly cases.
Juvenile court officers do not currently work directly with participants in deprivation cases, but
the directors believe this is important information to make available. Mr. Pedersen distributed a
draft copy of the deprived pamphlet for comment.
Justice Maring reported that the Chief provided her a bulletin from OJJDP concerning transfer to
adult court and the effects on children. The results were not good, and were also our arguments
against EJJ. The bulletin can be found on the OJJDP website. When talking to legislators, point
out this bulletin and the research showing automatic transfers don’t work. Mindsets won’t
change immediately, but seeds need to be planted.
Last year the meetings were scheduled the same day as Administrative Counsel meetings.
However, many scheduling issues occurred. There was discussion about the necessity of
meeting within the next three months. Consensus was the 400 series policies can wait three
months and there is no need to meet earlier unless there are further developments with EJJ.
Potential meeting dates will be emailed to board members.