Judge Allan Schmalenberger has announced that he is retiring effective July 31, 2009.
Judge Schmalenberger notified Governor John Hoeven of his plans in a letter dated April 30, 2009.
Judge Schmalenberger has been a district judge since 1981. His chambers are in Dickinson.
Judge Schmalenberger is a graduate of Hebron High School and earned his undergraduate and law degrees from the University of North Dakota. He served in the U.S. Army from 1968-70.
Judge Schmalenberger practiced law in Dickinson from 1973-81 and was appointed a district judge by Governor Allen Olson in 1981. He was first elected to his judgeship in 1982 and has been reelected ever since.
Judge Schmalenberger is the Presiding Judge for the Southwest Judicial District, a member of the Joint Procedure Committee and was the longtime chair of the Court Technology Committee. He is married and has three children.Schmalenberger was last reelected as district judge in 2006, and his six-year term does not expire until Dec. 31, 2012. Because Schmalenberger's resignation will take effect before the end of his term, Gov. John Hoeven will have the opportunity to appoint a successor.
Before Schmalenberger's replacement can be named, however, the North Dakota Supreme Court must consider whether the judgeship should stay in the Southwest Judicial District. Under N.D.C.C. § 27-05-02.1:
[W]hen a vacancy occurs in the office of district court judge, the supreme court shall determine, within ninety days of receiving notice of the vacancy from the governor and in consultation with the judges and attorneys in the affected judicial district, whether that office is necessary for effective judicial administration or whether a district judgeship may be transferred to the location to fulfill a need for judicial services.
Once the Court makes its decision on the location of the judgeship, the Judicial Nominating Committee will accept applications from persons interested in the position. The Committee will then evaluate the applicants and send a list of recommended candidates to Gov. Hoeven.
May 1, 2009