Chair Steven E. McCullough called the business meeting of the Judicial Conference to order at 9:02
a.m. on November 25, 2013. Sally Holewa, State Court Administrator, called the roll:
Justices of Supreme Court Gerald W. VandeWalle Dale V. Sandstrom Mary Muehlen Maring Carol Ronning Kapsner Daniel J. Crothers
Judges of District Court Laurie A. Fontaine Donovan Foughty John C. McClintock, Jr. Michael G. Sturdevant Debbie Gordon Kleven John E. Greenwood Bradley A. Cruff James D. Hovey Thomas E. Merrick Daniel D. Narum John T. Paulson Jay A. Schmitz Douglas R. Herman John C. Irby Steven E. McCullough Wade L. Webb William A. Herauf Zane Anderson Dann E. Greenwood Sonna M. Anderson Cynthia M. Feland Bruce B. Haskell Thomas J. Schneider Todd Cresap Richard L. Hagar Paul W. Jacobson Gary H. Lee Douglas L. Mattson David W. Nelson Joshua B. Rustad Robin A. Schmidt
Judges of Municipal Court DeNae C.H. Kautzmann Robert A. Keogh
Surrogate Judges Benny Graff Joel D. Medd William A. Neumann Everett Nels Olson Allan L. Schmalenberger Kirk Smith
Attorney General Wayne K. Stenehjem
Clerk of the Supreme Court Penny Miller
Members of the Bar Michael F. Daley Sherry Mills Moore
A quorum was declared and the business meeting proceeded.
Chair McCullough called on Justice Dale Sandstrom to deliver the report of the Committee on
Legislation. Justice Sandstrom reviewed two key pieces of legislation that the Committee
drafted and shepherded through the legislative process last session: the changes to the post-conviction relief statute and the changes to the Sexually Dangerous Offender statute. He
reminded the members that it is important to start the process early to ensure that the Judicial
Conference has time to review and act on proposals so the Committee has enough time to write
the bill drafts and begin the process of identifying sponsors for them.
Justice Sandstrom called the members attention to a proposed change to the DUI statutes that
was before them today. Jim Ganje, staff attorney with the State Court Administrator’s Office,
said the proposal before the Conference was prepared at the request of the Administrative
Council to address concerns that the juvenile court directors and juvenile drug court had
regarding the mandatory requirement for the 24/7 sobriety program for certain juvenile offenders.
He explained that the proposal is to create a new section that would retain the mandatory
requirement for a 2nd offense, but would allow the court to use its discretion if the charge was a
Justice Sandstrom expressed his appreciation to fellow committee members, Judge Douglas
Mattson and Judge John Irby, for the work done by them during the last legislative session.
Following the report on legislation, Attorney General Wayne Stenehjem made a motion to
approve the minutes of theJune 13, 2013 meeting. The motion carried and the minutes
Chief Justice VandeWalle expressed the expectation that the Administrative Council and the
Judicial Conference work with the interim legislative committees to move changes in legislation.
Mr. Ganje informed the Conference that the interim Judiciary Services Committee has been
assigned the task of reviewing the DUI legislation from last session and they will be holding their
first meeting on December 11, 2013. Chair McCullough notified the members that Leann
Bertsch, Director of the North Dakota Department of Corrections, has indicated to the Minority
Justice Implementation Committee, that the Department has an interest in providing pre-trial
services. He suggested this is something the Conference may want to keep an eye on and support
if it goes forward.
Chair McCullough then called for any additional business to come before the Conference. Judge
David Nelson rose to introduce Judge Paul Jacobsen and Judge Robin Schmidt as two new
members from the Northwest Judicial District. Chair McCullough informed the members that
Judge Norman Anderson, who was not able to attend the meeting today, has recently started to
serve in the East Central Judicial District.
There being no further business, Chair McCullough called for a motion to adjourn. Surrogate
Judge Joel Medd moved adjournment. The motion carried and the meeting ended at 9:15 a.m.
Sally Holewa State Court Administrator Executive Secretary to the Judicial Conference