North Dakota Judicial Conference The meeting was called to order at 1:00 p.m., November 22, 1999. Executive Secretary Keithe E. Nelson called the roll which reflected the following members of the Judicial Conference were present: Judges of Supreme Court Judges of District Court Surrogate Judges Clerk of Supreme Court Members of the Bar Barbara Siegel and Paulette Oberst of the Child Support Enforcement Office gave a two and one-half hour presentation on child support issues. Both the guidelines and the 18-year old filing requirement were discussed. At 3:45 p.m. Jonathan Byers of the Attorney General's Office gave a presentation on sex offender registration. The conference reconvened at 9:00 a.m. on Tuesday, November 23, 1999. Mark Hardin of the ABA gave a two-hour presentation on the Adoption and Safe Families Act. At 11:10 a.m. Judge Allan L. Schmalenberger gave a 50-minute presentation on UCIS as a Management Tool. The business meeting was called to order by Chair Dale V. Sandstrom at 1:05 p.m. Election of Chief Justice Judge James M. Bekken nominated Gerald W. VandeWalle. Justice William A. Neumann seconded the nomination. There were no additional nominations. It was moved and seconded that Gerald W. VandeWalle be elected chief justice by acclamation. Motion carried by unanimous vote. By-Laws Amendment The following amendment was proposed by the Executive Committee and mailed to all members on October 29, 1999: Judge Bruce E. Bohlman spoke in opposition. He said that as a former chair, the commission has functioned well as is. Judge Ralph R. Erickson asked what the problem is as it is only a matter of who the committee reports to. Judge Bohlman replied there is no political impact on education with the commission under the Supreme Court. In response to why the change, Justice Sandstrom pointed out N.D.C.C. § 27-15-04 lists one of the duties of the Judicial Conference is to "coordinate continuing judicial education efforts for judges and support staff." Justice Carol Ronning Kapsner stated the commission exists by Supreme Court rule and if the Supreme Court approves the change, it will have to modify the rule. The motion, as presented by the Executive Commission, was approved. By-Laws Amendment The following amendment was proposed by the Executive Committee and mailed to all members on October 29, 1999: Chair Sandstrom pointed out this committee has been functioning as a standing committee but was never formally established as a standing committee. The motion was approved. Clerk of Court Issues Chief Justice VandeWalle distributed a point paper on questions and answers concerning clerk of court issues. A short discussion followed. Juvenile Drug Court Justice Mary Muehlen Maring reported on the pilot Juvenile Drug Court project scheduled to start in Fargo and Grand Forks next spring. Juvenile substance abuse cases have increased substantively with a reappearance rate of 48%. Felons will not be eligible for the program. The judge, as the accountability leader, has weekly appearances with the offender and the whole team. Rule 8.5 Update Judge Bruce E. Bohlman and Judge Robert W. Holte briefed the test program has been extended until October 1, 2001 by the Supreme Court. Judge Bohlman has completed 60 cases. The parties now pay $5.00 for a set of the forms, complete them and offer agreements at the preliminary hearing. The process is helpful for questions of status and non-contested matters. Judge Holte reported that as a rural judge, he has had fewer cases but the process is useful. Jury Standards Committee Update Judge Holte reported the committee met yesterday. Several standards were decided which will be referred to the Supreme Court. Jack McDonald (media counsel) was invited to the meeting. A lively discussion on jury confidentiality took place. There being no further business, the Judicial Conference adjourned at 2:25 p.m. ______________________________________
Gerald W. VandeWalle
William A. Neumann
Dale V. Sandstrom
Mary Muehlen Maring
Carol Ronning Kapsner
Benny A. Graff
Gail Hagerty
Donald L. Jorgensen
Thomas J. Schneider
James M. Vukelic
Robert Wefald
Robert W. Holte
Everett Nels Olson
Glenn Dill III
William W. McLees
David Nelson
Gerald H. Rustad
Lee A. Christofferson
Laurie Fontaine
Donovan Foughty
M. Richard Geiger
Lester Ketterling
John C. McClintock, Jr.
Bruce E. Bohlman
Debbie Kleven
Joel D. Medd
Kirk Smith
Allan L. Schmalenberger
Zane Anderson
Ronald L. Hilden
Maurice R. Hunke
Norman J. Backes
Lawrence A. Leclerc
Ralph R. Erickson
Michael O. McGuire
Frank L. Racek
Cynthia Rothe-Seeger
John T. Paulson
James M. Bekken
Ronald E. Goodman
John E. Greenwood
Mikal Simonson
William M. Beede
Ralph J. Erickstad
William F. Hodny
James H. O'Keefe
Penny Miller
Sherry Moore
James S. Hill
Paul G. Kloster
Steven Lies"That an education committee be established as a standing committee and that the Judicial Conference go on record as recommending the duties of the Judicial Education Commission be transferred to the Judicial Conference."
"That the Judicial Ethics Advisory Committee be established as a standing committee of the Judicial Conference."
Keithe E. Nelson, Executive Secretary