Notice of Consultation

STATE OF NORTH DAKOTA

AMENDED NOTICE OF CONSULTATION
Supreme Court No. 20090144

In the Matter of the Judicial Vacancy in District Judgeship No. 3, with Chambers in Dickinson, North Dakota, Southwest Judicial District

By letter dated April 30, 2009, the Honorable Allan Schmalenberger, District Judge for the Southwest Judicial District, notified Governor John Hoeven that he is resigning as a District Judge effective July 31, 2009. On May 8, 2009, Governor Hoeven notified Chief Justice VandeWalle of Judge Schmalenberger's resignation and impending retirement. Judge Schmalenberger's resignation creates a vacancy under Section 27-05-02.1, N.D.C.C., and, therefore, the Supreme Court must determine whether the judgeship is necessary for effective judicial administration or whether the judgeship may be transferred. The Supreme Court considered the matter, and

ORDERED, the Supreme Court will undertake a written consultation with the attorneys and judges of the Southwest Judicial District under Administrative Rule 7.2. Any person wishing to comment on the matter may do so in writing no later than Monday, June 15, 2009. It is expected the Supreme Court will receive a report regarding the Southwest Judicial District from the Trial Court Administrator for Unit 3 discussing the criteria under N.D. Sup. Ct. Admin. R. 7.2, and updated weighted caseload data from the State Court Administrator's Office. Written comments may be e-mailed to Penny Miller, Clerk of the Supreme Court, at supclerkofcourt@ndcourts.gov, or addressed to 600 E. Boulevard Ave., Dept. 180, Bismarck, ND 58505-0530.

The Supreme Court of the State of North Dakota convened May 13, 2009, with the Honorable Gerald W. VandeWalle, Chief Justice, the Honorable Dale V. Sandstrom, the Honorable Mary Muehlen Maring, the Honorable Carol Ronning Kapsner, and the Honorable Daniel J. Crothers, Justices, directing the Clerk of the Supreme Court to enter the above order.

Penny Miller
Clerk
North Dakota Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA