North Dakota Judicial Conference
Minutes
November 23, 2009
Radisson Hotel, Bismarck, ND
Chair M. Richard Geiger called the business meeting of Judicial Conference to order at 9:10 a.m., on
November 23, 2009. Sally Holewa, State Court Administrator, called the roll:
Judges of Supreme Court
Gerald W. VandeWalle
Dale V. Sandstrom
Mary Muehlen Maring
Carol Ronning Kapsner
Daniel J. Crothers
Judges of District Court
Donovan Foughty
Laurie A. Fontaine
M. Richard Geiger
John C. McClintock, Jr.
Michael G. Sturdevant
Gary H. Lee
Douglas L. Mattson
David W. Nelson
Gerald H. Rustad
Gail Hagerty
Sonna M. Anderson
Bruce B. Haskell
Donald L. Jorgensen
David E. Reich
Bruce Romanick
Thomas J. Schneider
William A. Herauf
Zane Anderson
H. Patrick Weir
Joel D. Medd
Debbie Gordon Kleven
Wickham Corwin
John C. Irby
Steven L. Marquart
Steven E. McCullough
Frank L. Racek
John T. Paulson
James M. Bekken
John E. Greenwood
Mikal Simonson
Judges of Municipal Court
Robert A. Keogh
DeNae C.H. Kautzmann
Surrogate Judges
Ronald E. Goodman
William F. Hodny
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
Steven J. Lies
Sherry Mills Moore
A quorum was declared and the business meeting proceeded.
A motion was made and seconded that the minutes of the June 11, 2009 meeting be approved.
The motion carried and the minutes were approved.
Chair Geiger then read a Memorial Resolution in honor of Judge A.C. Bakken and a Memorial
Resolution in honor of Judge Ronald Hilden. Attorney General Wayne Stenehjem moved that
the Judicial Conference adopt the Resolutions. The motion carried and the Resolutions were
adopted.
Chair Geiger announced that Judge Wefald, who chairs the Standing Committee on Legislation, had
no report to submit and was not present at the meeting. Judge Gail Hagerty, on behalf of Judge
Wefald, urged the members of the Judicial Conference to submit ideas for proposed legislation to
the Committee for consideration.
Chair Geiger next called upon Surrogate Judge Allan Schmalenberger, chair of the Operations
Oversight Group, which oversees the planning and management of the Odyssey case management
project, to report on the status of the project. He reported that the project is progressing on schedule
and within budget. He then called upon Judge Frank Racek to discuss the project from the end-users perspective. Judge Wickham Corwin offered additional insight from an end-user perspective.
The report was provided as an informational session only and no action was required of the Judicial
Conference.
Chief Justice VandeWalle was called upon next to confer ASTAR Fellowship awards to Justice
Mary Muehlen Maring and Judge Steven Marquart. He explained that ASTAR is an acronym for
Advanced Science and Technology Resource Center, and the purpose of the program is to educate
judges to serve as local resources in regard to advanced science or technology issues.
Chair Geiger then opened the floor for nominations for the Chief Justice of the Supreme Court.
Judge John Paulson nominated Justice Gerald VandeWalle. The nomination was seconded by
Judge Donald Jorgensen. No other nominations were received. Judge Paulson moved that the
nominations be closed and a unanimous ballot be cast for Justice VandeWalle. The motion
carried and Justice VandeWalle was re-elected as the Chief Justice of the North Dakota
Supreme Court.
Chair Geiger called for any additional business to come before the Conference. He then informed
the members that during the interim since the last Judicial Conference, the Executive Committee of
the Judicial Conference, pursuant to the by-laws of the Judicial Conference, took action to re-appoint Judge Steven McCullough, Judge David Reich, and Ms. Jean Lindvig to the Judicial Branch
Education Commission and Judge Wade Webb and Judge Mikal Simonson to the Pattern Jury
Instruction Commission.
There being no further discussion, the meeting was ended at 9:40 a.m.
Respectfully submitted,
Sally Holewa
State Court Administrator
Executive Secretary to the Judicial Conference