Members Present Justice Mary Muehlen Maring, Chair Judge David Reich Judge DeNae Kautzmann Judge Steven McCullough Judge John McClintock Deborah Carlson, Juvenile Court Director Jean Lindvig, Electronic Court Recorder
Members Absent Judge Sonna Anderson Dean Kathryn Rand
Staff Present Lee Ann Barnhardt, Director of Education and Communication Kimberly Dockter, Education and Special Projects Coordinator Louie Hentzen, Assistant State Court Administrator Lana Zimmerman, scribe
Justice Maring called the meeting to order. A motion was made by Judge Reich to approve
the March 30, 2010, minutes. The motion was seconded by Judge Kautzmann. Motion
Old Business I. Lee Ann Barnhardt updated the Commission on the progress of the following conferences:
A. The SBAND Annual Meeting and Judicial Conference is scheduled for June 15-18,
2010, at the Ramkota Hotel in Bismarck. A separate track for judges will not be offered.
The court is sponsoring a CLE/CJE on eyewitness identification facilitated by Professor
Kristen Dauphanais from the UND Law School. During the Conference meeting, the
Dakota Children's Advocacy Center of Bismarck will give a presentation on the use of
pet therapy dogs and Judge Gail Hagerty will give a presentation on the Law School for
B. The Children's Justice Symposium is scheduled for July 27-29, 2010, at the Ramkota
Hotel in Bismarck. Registration information has been distributed. The State's Attorneys
Association and the Division of Juvenile Services will conduct their quarterly meetings
during the week to increase participation at the symposium.
C. The Juvenile Court Officers Seminar is scheduled for September 14-16, 2010, at the
Radisson Hotel in Bismarck. Registration information will be distributed by August 1,
2010. Bias and Mental Health issues are the primary themes of the seminar.
D. The Support Staff Conference is scheduled for September 23-24, 2010, at the
Radisson Hotel in Bismarck. This conference is conducted every other year. Bias
training will be offered.
F. The Fall Judicial Conference is scheduled for November 22, 2010, at the Radisson
Hotel in Bismarck. The two primary topics are sex offender cases and alternatives to
G. The Municipal Judges Seminar is scheduled for October 11, 2010, at the Seven Seas
in Mandan. Topics will include "Judging 101", Values and Decision Making and the 24/7
II. Lee Ann Barnhardt distributed the revised Strategic Plan, which was approved at the March
30, 2010 meeting.
III. Lee Ann Barnhardt distributed the finalized version of the Budget Proposal, which was
approved at the March 30, 2010, meeting.
IV. Judge Reich reported on the Trial Court Benchbook subcommittee. The subcommittee
consists of: Judge David Reich, chair; Judge M. Richard Geiger; Judge Michael Sturdevant
Judge Debbie Kleven; Judge H. Patrick Weir; and Judge David Nelson. An email has been sent
to all District Court Judges soliciting input/comments and suggestions regarding material for a
revised Benchbook and mini Benchbook. Judge Reich will have more information to report at
the Commission meeting in September.
New Business I. The Judicial Institute is scheduled for May 23-25, 2011, at the UND Law School. Lee Ann Barnhardt gave an update on the progress of the Institute. A proposed agenda has been
distributed. She would like input from the Commission and judges on the remaining sessions of
the Institute. Some suggested topics were financial issues, diversity and cultural issues, and a
demonstration of the new Odyssey program.
It was suggested to include a social event on the evening of the 2nd day of the conference, such as
golfing, biking and a dinner/picnic to follow. Judge McClintock will check into golfing tee
times, and a possible dinner at the Terrace to follow. Lee Ann Barnhardt will send out a
questionnaire to find out how many judges would be interested in the social event.
II. Justice Crothers made a recommendation to the Commission that it offer a Judicial Writing
Training for Law Clerks and Judicial Support staff. The conference would consist of a full day
or two ½ days. This training would be provided at the end of August. The conference would
consist of opinion writing and structuring, and a workshop with some hands on grammar, editing,
and revising. The Commission asked Lee Ann Barnhardt get feedback from the Trial Court
Administrators regarding the number of participants that could attend the conference and the
cost/funding of the conference, and report back to the Commission at the September meeting.
III. The Commission discussed including elimination of bias courses in future training. Lee Ann
Barnhardt has been working with the National Center for State Courts on the development of
Elimination of Bias curriculum and judicial materials. Also, the Racial and Ethnic Task Force is
conducting a study and could make recommendations regarding needed areas of training. The
Commission will continue to monitor the need for training on this topic.
IV. Lee Ann Barnhardt reported that a Stop Grant has been awarded to revise the Domestic
Violence Benchbook. Robin Runge from UND will help facilitate this work. A committee is
being formed. Lee Ann Barnhardt asked for two District Court Judges to serve on this
committee, with one representing the Commission. The Benchbook needs to be completed
between July 2010 and April 2011. Judge McClintock volunteered to serve on this committee.
V. Lee Ann Barnhardt emailed a rough draft of the Benchguide for Magistrates to the
Commission members. Judge McCullough and Referee Grinsteiner have given input on the
Benchguide. The goal is to have the guide completed and ready for approval at the Commission
meeting in September.
VI. Lee Ann Barnhardt asked for two members to volunteer to write an article for the next
newsletter "The Docket", which is focusing on Judicial Education. Judge McCullough has
volunteered to write an article on the purpose of judicial branch education. Lee Ann Barnhardt
will ask Chief Justice VandeWalle to write an article on the importance of public outreach and
public education. Deadline for the news articles is July 2, 2010.
Meeting adjourned at 11:30 a.m.
Respectively Submitted, Lana Zimmerman, scribe ND Supreme Court