Notice of Comment

In the Matter of the Judicial Vacancy in
District Judgeship No. 4, with Chambers in New Rockford, North Dakota, Southeast Judicial District

On May 6, 2010, Governor John Hoeven notified Chief Justice Gerald W. VandeWalle that the Honorable James M. Bekken, District Judge for the Southeast Judicial District, had passed away on May 3, 2010. Judge Bekken's death creates a vacancy under Section 27-05-02.1, N.D.C.C., which requires the Supreme Court to determine whether the judgeship is necessary for effective judicial administration in the Southeast Judicial District 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 Southeast Judicial District under Administrative Rule 7.2, and any other person wishing to comment on the vacancy. All written comments are due no later than Monday, June 14, 2010. 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., Bismarck, ND 58505-0530. It is expected the Supreme Court will receive a report regarding the Southeast Judicial District from the Trial Court Administrator for Unit 2 discussing the criteria under N.D. Sup. Ct. Admin. R. 7.2, and weighted caseload data from the State Court Administrator's Office.

The Supreme Court of the State of North Dakota convened May 12, 2010, with the Honorable Gerald W. VandeWalle, Chief Justice, the Honorable Dale V. Sandstrom, the Honorable Carol Ronning Kapsner, and the Honorable Daniel J. Crothers, Justices, directing the Clerk of the Supreme Court to enter the above order. The Honorable Mary Muehlen Maring was unavoidably absent.