Mary Muehlen Maring, Chair of the Judicial Conference, called the Conference to order at 9:00 a.m. The roll call was conducted by Louie Hentzen. A quorum was reported present.
Chief Justice Gerald W. VandeWalle introduced the first presenter, Dori Ege, Deputy Compact Administrator and Arizona Compact Commissioner.
Following Ms. Ege's presentation, the Conference recessed for lunch.
The Conference reconvened at 1:40 p.m. for the business meeting.
Judge Ronald Goodman moved that the minutes of the November 21-22, 2005 meeting be accepted. Judge John McClintock seconded. Motion carried.
The next order of business was committee reports. Chair Maring explained the Open Meeting Law and the recent attorney general opinion, concluding the Judicial Conference is subject to the state's open meeting law. Chair Maring drew the Conference members' attention to the Judicial Conference Bylaws creating four standing committees. She directed the Conference members to consider the pending proposals relating to whether each respective standing committee should be retained under the authority of the Judicial Conference, through its Bylaws, or whether the Bylaws should be amended to reflect removal of the committee from the auspices of the Judicial Conference. Chair Maring explained that a roll call vote was required to amend the Bylaws and directed the Judicial Conference members take action on a committee-by-committee basis, after receiving and considering each committee's report and recommendation.
Proposal A - Committee on Legislation: Chair Maring reported that Judge Wefald, Chair of the Committee on Legislation, reported to her that the report was in the materials, and the committee recommended remaining a committee of the Judicial Conference. No vote necessary.
Proposal B - Committee on Judicial Compensation: Judge Doug Herman reported that he had reported the activity of the committee to the North Dakota Judges Association previously this morning. He stated that the Committee on Judicial Compensation should no longer be a committee of the Judicial Conference. Judge John Irby moved to amend the Bylaws to remove the Committee on Judicial Compensation from the auspices of Judicial Conference and recommended it be part of the North Dakota Judges Association. Judge Donovan Foughty seconded. A roll call vote was conducted:
Yes No
Justice Dale V. Sandstrom
Justice Mary Muehlen Maring
Justice Carol Ronning Kapsner
Judge Gail Hagerty
Judge Sonna M. Anderson
Judge Douglas R. Herman
Judge John C. Irby
Judge Steven L. Marquart
Judge Frank L. Racek
Judge Cynthia Rothe-Seeger
Judge Wade L. Webb
Judge Karen K. Braaten
Judge Sonja Clapp
Judge Joel D. Medd
Judge M. Richard Geiger
Judge Lee A. Christofferson
Judge Donovan Foughty
Judge John C. McClintock, Jr.
Judge Michael G. Sturdevant
Judge William W. McLees
Judge Gary H. Lee
Judge Douglas Mattson
Judge David W. Nelson
Judge John T. Paulson
Judge James M. Bekken
Judge Ronald E. Goodman
Judge John E. Greenwood
Judge Mikal Simonson
Judge Allan L. Schmalenberger
Judge Zane Anderson
Judge Ronald L. Hilden
Robert A. Keogh
Norman J. Backes
Lawrence A. Leclerc
Everett Nels Olson
Kirk Smith
Penny Miller
Michael F. Daley
Sherry Mills Moore
The vote indicated 39 voting yes and 0 voting no. Motion carried.
Proposal C - Jury Standards Committee: Judge Joel Medd reported that the committee report was in the materials. Judge Medd moved to amend the Bylaws to remove the Jury Standards Committee from the auspices of Judicial Conference and recommended it move to the Supreme Court. Judge Doug Mattson seconded. A roll call vote was conducted:
Yes No
Justice Dale V. Sandstrom
Justice Mary Muehlen Maring
Justice Carol Ronning Kapsner
Judge Gail Hagerty
Judge Sonna M. Anderson
Judge Douglas R. Herman
Judge John C. Irby
Judge Steven L. Marquart
Judge Frank L. Racek
Judge Cynthia Rothe-Seeger
Judge Wade L. Webb
Judge Karen K. Braaten
Judge Sonja Clapp
Judge Joel D. Medd
Judge M. Richard Geiger
Judge Lee A. Christofferson
Judge Donovan Foughty
Judge John C. McClintock, Jr.
Judge Michael G. Sturdevant
Judge William W. McLees
Judge Gary H. Lee
Judge Douglas Mattson
Judge David W. Nelson
Judge John T. Paulson
Judge James M. Bekken
Judge Ronald E. Goodman
Judge John E. Greenwood
Judge Mikal Simonson
Judge Allan L. Schmalenberger
Judge Zane Anderson
Judge Ronald L. Hilden
Judge Robert A. Keogh
Judge Norman J. Backes
Judge Lawrence A. Leclerc
Judge Everett Nels Olson
Judge Kirk Smith
Penny Miller
Michael F. Daley
Sherry Mills Moore
The vote indicated 39 voting yes and 0 voting no. Motion Carried.
Proposal D - Judicial Ethics Advisory Committee: Judge Ronald Goodman reported that there are two new members of the committee: Cynthia Schaar and Mark Friese. He reported that the committee was open to inquiries. He stated it was the position of the committee to disband as a committee of the Judicial Conference and he moved that the Bylaws of the Judicial Conference be amended to eliminate the Judicial Ethics Advisory Committee as a standing committee of the Judicial Conference and recommended the committee be a Supreme Court committee. Judge Simonson seconded. Judge Christofferson remarked that when this committee was created, it was recommended that it not be part of the Supreme Court. Judge Leclerc agreed. Judge Goodman amended his motion to state that the recommendation be that the committee be under the North Dakota Judges Association. Judge Simonson seconded. A roll call vote was conducted:
Yes No
Justice Dale V. Sandstrom
Justice Mary Muehlen Maring
Justice Carol Ronning Kapsner
Justice Daniel J. Crothers
Judge Gail Hagerty
Judge Sonna M. Anderson
Judge Douglas R. Herman
Judge John C. Irby
Judge Steven L. Marquart
Judge Frank L. Racek
Judge Cynthia Rothe-Seeger
Judge Wade L. Webb
Judge Karen K. Braaten
Judge Sonja Clapp
Judge Joel D. Medd
Judge M. Richard Geiger
Judge Lee A. Christofferson
Judge Donovan Foughty
Judge John C. McClintock, Jr.
Judge Michael G. Sturdevant
Judge William W. McLees
Judge Gary H. Lee
Judge Douglas Mattson
Judge David W. Nelson
Judge John T. Paulson
Judge James M. Bekken
Judge Ronald E. Goodman
Judge John E. Greenwood
Judge Mikal Simonson
Judge Allan L. Schmalenberger
Judge Zane Anderson
Judge Ronald L. Hilden
Robert A. Keogh
Norman J. Backes
Lawrence A. Leclerc
Everett Nels Olson
Kirk Smith
Penny Miller
Michael F. Daley
Sherry Mills Moore
The vote indicated 40 voting yes and 0 voting no. Motion Carried.
The business meeting adjourned and the Conference proceeded with a presentation by the Department of Corrections. Judge Steven Marquart introduced Leann Bertsch, Warren Emmer, and Timothy Schuetzle.
Following the presentation, Chair Maring inquired as to any matter for the good of the order. Chair Maring introduced Ralph Mowder, Court Security Consultant. Chair Maring recognized the assistance of Lee Ann Barnhardt, Penny Miller, and Louie Hentzen and their role in preparation before and during the Conference.
Chief Justice VandeWalle moved to adjourn. Judge Karen Braaten seconded. Conference adjourned.