Notice of Comment

In the Matter of the Judicial Vacancy in
District Judgeship No. 1, with Chambers in Williston, North Dakota, Northwest Judicial District

On December 3, 2009, this Court received notice that the Honorable Gerald H. Rustad, District Judge for the Northwest Judicial District, does not intend to seek reelection for his position when his term expires December 31, 2010. Under Section 27-05-02.1(2), N.D.C.C., a vacancy is, therefore, created. Section 27-05-02.1, N.D.C.C., requires the Supreme Court to determine whether the judgeship is necessary for effective judicial administration in the Northwest Judicial District or whether the judgeship may be transferred. The Supreme Court considered the matter, and

ORDERED, the Supreme Court will undertake a written consultation with the attorneys and judges of the Northwest Judicial District under Administrative Rule 7.2. Any person wishing to comment on the vacancy may do so in writing no later than Monday, January 4, 2010. It is expected the Supreme Court will receive a report from the Trial Court Administrator for the Northwest Judicial District discussing the criteria under N.D. Sup. Ct. Admin. R. 7.2, and updated weighted caseload data from the State Court Administrator's Office. Written comments may be e-mailed to Penny Miller, Clerk of the Supreme Court, at supclerkofcourt@ndcourts.gov, or addressed to 600 E. Boulevard Ave., Bismarck, ND 58505-0530.

The Supreme Court of the State of North Dakota convened December 3, 2009, with the Honorable Gerald W. VandeWalle, Chief Justice, the Honorable Dale V. Sandstrom, the Honorable Mary Muehlen Maring, the Honorable Carol Ronning Kapsner, and the Honorable Daniel J. Crothers, Justices, directing the Clerk of the Supreme Court to enter the above order.