Members Present Justice Mary Muehlen Maring, Chair Chris Iverson, Assistant Trial Court Administrator Judge DeNae Kautzmann Cory Pedersen, Juvenile Court Director Dean Kathryn Rand, via telephone
Members Absent Judge Sonna Anderson Judge Steven McCullough Judge John McClintock Judge David Reich Larry Zubke, Technology Director
Staff Present Lee Ann Barnhardt, Director of Education and Communication Lana Zimmerman, scribe
Justice Maring called the meeting to order. A motion was made by Judge Kautzmann to
approve the May 10, 2013, minutes. The motion was seconded by Cory Pedersen, motion
1. Conference Updates - Ms. Barnhardt updated the Commission on the progress of the
A. The Judicial Writing Seminar is scheduled August 28-29, 2013, at the Radisson Hotel in
Bismarck. Ron Hofer will facilitate.
B. The Juvenile Court Conference is scheduled for September 11-12, 2013, at the Radisson
Hotel in Fargo. Starting this fall, this conference will be offered twice a year and held 1 ½ days
each session. Topics for the conference include; Stress Reduction and Healthy Living with
Michael Kiefer as faculty; Xbox, Hip Hop, and Dreadlock with Randy Lewis as faculty; Drug
Court Refresher with Judge Steven McCullough as faculty; Law and Literature session with Lee
Ann Barnhardt as faculty; Fetal Alcohol Syndrome with Dr. Larry Burd as faculty; a roundtable
discussion on Legislative updates; DSM 5 and Psychopharmacology with Dr. Kenney as faculty.
C. The Drug Court Conference is scheduled October 2-4, 2013, at the Radisson Hotel in
D. The Municipal Court Conference is scheduled October 7, 2013, at the Radisson Hotel in
Bismarck. The morning session is will cover Commercial Drivers License traffic cases. The
afternoon sessions will cover interstate transfers and veterans’ issues. Judge William Severin
will also conduct a roundtable discussion on the new DUI laws and other legislative changes.
F. The Court Reporter and Court Recorder Training is scheduled November 25-26, 2013, at the
Radisson Hotel in Bismarck. Larry Paiz will facilitate the Court Reporters. The curriculum for
the Court Recorders is still in the planning stages. This training will be geared towards
II. Ms. Iverson updated the Commission on the progress of the education subcommittee
regarding the update of court policies and rules review. This subcommittee consists of Chris
Iverson, Judge Reich, and Judge Anderson.
The Court Administrators and Assistant Court Administrators across the state reviewed a number
of education related policies, rules, and guidelines. Their recommendations were reviewed by
the Commission. Ms. Iverson indicated that more work was needed to be done on the
recommendations. The subcommittee will submit a full report and final recommendation to the
Commission at its next meeting.
III. Bench Book Updates - Ms. Barnhardt updated the Commission on the progress of the
following Bench Books:
- The Trial Court Bench Book is being updated by Judge M. Richard Geiger. He usually receives
the law changes in mid August and works with Lana Zimmerman to get the updates published.
- The Municipal Court Bench Book is updated by Judge William Severin. The plan is to
distribute the updates at the Municipal Court Conference in October.
- The Magistrates Bench Book is being updated by Lee Ann Barnhardt with the assistance of
Judges McCullough and McClintock.
- The Domestic Violence Bench Book was last updated by a committee chaired by Robin Runge
of the UND School of Law. Due to her departure from the law school, it was suggested by Dean
Rand for Ms. Barnhardt to contact Ms. Runge to freelance her work on the DVBB.
IV. The Judicial Institute evaluations were good and the sessions were well received. It was
suggested for future Institutes to include sessions pertaining to firearm restrictions and managing
I. The Judicial Conference is scheduled November 25-26, 2013, at the Radisson Hotel in
Bismarck. The education sessions of the Judicial Conference include the following: Karen
Franklin, Ph.D. from El Cerrito, California, will conduct a session on the DSM 5, specific
diagnoses that have changed, and reliability of the changed diagnoses; Gary Marchant will
present Emerging Technology and the Courts; Judge Don Ash will conduct a session on Self-Represented Litigants and Civility in the Courts and also a session on judicial ethics; Law &
Literature will be facilitated by Patti Alleva from the UND School of Law; Pati Lenzi from the
National Tribal Judicial Center at the National Judicial College will conduct a session on
Honoring Separate Sovereigns in the Courtroom: Enhancing Cultural Competency with Native
II. Ms. Barnhardt and Judge Kautzmann will discuss and finalize the municipal judges education
agenda, specifically the session related to commercial drivers license cases.
III. After discussion on a plan for Odyssey training for judges, it was determined to table this
topic until the next Commission meeting on December 6, 2013, for involvement of the entire
IV. Ms. Barnhardt reported she has met with the new Executive Director of the State Bar
Association of North Dakota, Tony Weiler. They discussed several different options pertaining
to the involvement of the Courts and SBAND. Mr. Weiler will be invited to the next
Commission meeting on December 6, 2013 to discuss future options.
V. Ms. Barnhardt briefed the Commission on the use of the audience response system. She has
been in contact with a representative with Meridia who recommended a software update that
includes ez-vote, ez-poll, and ez-presenter. Approximately ten of the old response remotes are
out of commission and no longer usable. It was estimated that the cost of the new software
update and replacement remotes would be $2,000 or less. A motion was made by Judge
Kautzmann to purchase upgraded software for the Audience Response System and the
replacement of equipment not to exceed $2,000. The motion was seconded by Chris
Iverson, motion carried.
The next meeting date for the Judicial Branch Education Commission is December 6, 2013, at
9:00 am at the ND Supreme Court.