Members Present Judge Steven McCullough, Acting Chair Justice Daniel Crothers Chris Iverson, Assistant Trial Court Administrator Judge McClintock, via telephone Cory Pedersen, Juvenile Court Director Dean Kathryn Rand, via telephone Larry Zubke, Technology Director
Members Absent Judge DeNae Kautzmann Judge Debbie Kleven Judge David Reich
Staff Present Lee Ann Barnhardt, Director of Education and Communication Scott Johnson, Asst. State Court Administrator Lana Zimmerman, scribe
Judge McCullough called the meeting to order. A motion was made by Judge McClintock to
approve the December 6, 2013, minutes. The motion was seconded by Cory Pedersen,
Judge McCullough welcomed the new members of the Commission, Justice Daniel Crothers and
Judge Debbie Kleven.
Judge McCullough called for nominations for chair of the Judicial Branch Education
Commission left vacant by the retirement of Justice Mary Maring. A motion was made by
Judge McClintock to nominate Judge McCullough as the Chair of the Judicial Branch
Education Commission. The motion was seconded by Cory Pederson. No other
nominations were made. Motion carried.
1. Conference Updates - Ms. Barnhardt updated the Commission on the progress of the
A. The Spring Juvenile Court Seminar is scheduled April 15-16, 2014, at the Ramkota Hotel in
Bismarck. Faculty is Mr. Shawn Smith, a member of the Motivational Interviewing Network of
Trainers (MINT.) The main focus of this conference will be on MI training. There will be
sessions on Defensive Driving: Attitudinal Dynamics of Driving, and a lunch and learn
facilitated by Julie Lawyer on Drug Trends.
B. The Advanced Faculty Development Course that was scheduled April 23-25, 2014, in
Bismarck has been postponed. Facilitator Kathy Story is not available to conduct the session. Ms.
Barnhardt will work to find a new facilitator or work with another judicial educator to write new
curriculum for this advanced program. A new date will be set.
C. The Clerk of Court Conference is scheduled May 7-9, 2014, at the Grand International Hotel
in Minot. Most of the facilitators are in-house. The ILG session will be facilitated by Lee Ann
Barnhardt on Grammar Basics and the Heart of Communication, a session on Managing Work
Stress with Optimism will be provided by Dr. Melissa Mork of the University of Northwestern,
Odyssey Updates, Tricks and Open Discussion will be facilitated by Chris Iverson, Cammie
Schock and Kari Landsem. Brian Blasko of Youngstown, OH will facilitate a session called The
Car Key Factor: Crusin’ Through Life.
D. The Judicial Conference is scheduled June 12, 2014, in Fargo. The topic will be working with
interpreters in the courtroom.
Court Policies and Rules Review Sub-Committee Chris Iverson distributed the initial draft of Administrative Rule 36- North Dakota Rules on
Judicial Branch Education - updates. A proposed change under Rule 1 (a) would add a court
administrator or an assistant court administrator for the trial courts to the Commission
membership. This would add a tenth member to the Commission. A question regarding
representation on the Commission was raised. Should there be a representative from each group
required to report continuing education hours?
A proposed change for Rule 4 (e) would require state-employed clerks of court to have 40
continuing education credits every three years. Concern was expressed about requiring only the
state-employed clerks to have continuing education hours and not the county-contracted clerks.
Ms. Barnhardt said the court does not currently offer 40 hours of training every three years
through the clerks of court annual conference. More training would need to be provided, as well
as a way to make up missed hours, especially for small offices.
Ms. Iverson said the rationale behind the proposal is to elevate the professionalism of the clerk’s
position. The job description has been changed as well as the qualifications. When the state-employed clerks of court are hired, they need a college degree.
A recommendation was made to add the requirement, but lower the amount of hours to an
amount more easily acquired, similar to the 18 hours municipal judges are required to report.
Judge McClintock suggested to go back to the clerks when they have their annual meeting and
get some feedback on the proposal. The annual clerk of court conference would offer about 12
hours per year of continuing education credit. Ms. Barnhardt will contact Bev Demers of the
Clerk of Court Association to discuss the continuing education hours at the next Clerk of Court
Justice Crothers recommended deleting Rule 1 (d) and Rule 10 as they are no longer necessary.
Judge McCullough recommended taking out the reference to the July 1, 1993, date in Rule 8.
Proposed changes in Policy 504 - Professional Development for Trial Court Administrative
Personnel - would clean up job titles and current course offerings from the Institute for Court
Management. The recommendation is to remove the list of essential courses by name since they
change frequently, simply refer to the requirements of the ICM program.
A new policy was proposed the would address professional development for trial court
department heads. The policy would require completion of the Court Management Program
courses offered in-state. Since Policy 504 is labeled Professional Development of Trial Court
Administrative Personnel it was suggested that trial court department heads could fall under that
policy instead of drafting a new policy. It was suggested to add the definition of trial court
personnel to Policy 504 and combine the language of the existing and proposed policies.
Judge McCullough asked Ms. Iverson to bring back Policy 504 combined with the new policy
and have a section on applicability and list the categories of to whom it pertains. The list of
essential courses language can be cleaned up.
The proposed changed to Policy 201 - Membership/Professional Dues Paid - puts in writing what
the current practices is regarding payment of dues. Invoices for dues are not submitted to the
state court administrator rather to the local court administrator and then forwarded to the fiscal
Bench Book Updates
Judge M. Richard Geiger is in the process of updating the Trial Court Bench Book. There was a
delay, but updates will be completed and distributed in April.
The Domestic Violence Bench Book has been revised and distributed. Chapter 9 Ensuring
Access to Safety for Under-served Victims has been added to the Bench Book.
Updates to the Magistrate Bench Book are in process. Judge McCullough and Judge McClintock
will be assisting Ms. Barnhardt in the area of ethics and code of conduct changes.
Ms. Barnhardt shared that all magistrates are in compliance with their continuing education
requirement. The judges, referees, and juvenile court officers have received notice from the
administrator’s office that the reporting period ends June 30, 2014. The Report of Compliance
form has been updated to reflect the transcript option. Municipal Judges received the older form.
Proposed topics for Fall Judicial Conference 2014
Members discussed topics for upcoming judicial training. Ideas included training related to bias,
e-discovery, 5th amendment concerns, evidence based sentencing, self-represented litigants, eye-witness identification, accessing credibility in evidence, and a program on judicial decision
making offered by the National Holocaust Museum. Justice Crothers said he and Mark
Lanterman could facilitate a session on electronically stored information and metadata on what is
discoverable and what isn’t. Judge McClintock added that Honorable Paul W. Grimm, district
judge from the US District Court of the district of Maryland, was a great facilitator with this
same topic, discovery of electronic stored information.
Proposed topics for Municipal Judge Training - October 2014 Ms. Barnhardt shared that every other year a Courtroom 101 is offered. The session takes judges
through a case from the citation through the sentencing. A request was made to present a pro-se
case and branch out into other area’s that are dealt with at the municipal level. Tom Moe offered
to help teach this group.
Ms. Barnhardt suggested to the group that it would be nice to offer a version of a caseflow
management course to help municipal courts understand how to dispose of cases and also records
management. Judge McCullough thinks this would be very well received, especially the smaller
Judicial Institute - May 2015 Due to the new construction at the UND School of Law, the Judicial Institute will not be
conducted at the law school. All of the faculty and staff will not be in the building during
construction. Dean Rand has offered to locate a space on campus to accommodate the 2015
Ms. Barnhardt asked the Commission if there is an alternate location to hold the Institute. After a
brief discussion, it was the consensus of the Commission for Dean Rand to find an alternate
location on the UND campus in Grand Forks to accommodate the 2015 Judicial Institute.
Education Sub-Committee Appointment
Due to the appointment of Judge McCullough as chair of the Judicial Branch Education
Commission, he is resigning his position on the education sub-committee which approves
continuing education hours. Judge McCullough appointed Judge McClintock to the education