Notice of Consultation Wednesday, January 8, 2014

IN THE SUPREME COURT
STATE OF NORTH DAKOTA

NOTICE OF CONSULTATION 

Supreme Court No. 20140008

[1] In December 2013, the Honorable Wickham Corwin announced in a letter to the Cass County Bar Association that he will not seek relection at the end of his term. Judge Corwin’s term ends December 31, 2014. Under N.D.C.C. § 27-05-02.1(2) a vacancy in the office of district judge occurs if a judge declares the intention not to seek reelection or if a judge fails to timely file a petition for candidacy with the secretary of state under N.D.C.C. § 16.1-11-06.

[2] Judge Corwin’s letter to the Cass County Bar Association is a declaration and, therefore, within 90 days N.D.C.C. § 27-05-02.1 requires the Supreme Court to determine whether the office is necessary for effective judicial administration. The Supreme Court may order that: (1) the vacancy be filled; (2) the vacant office be transferred to a judicial district in which an additional judge is necessary for effective judicial administration; or (3) the vacant office be abolished with or without transfer of a district judgeship to any location in which a judge is necessary for effective judicial administration.

[3] In May 2013, this Court received a Report from the Presiding Judge and Court Administrator of the East Central Judicial discussing the caseload for each of the counties in the district and any discernible trends, and other information relevant to N.D. Sup. Ct. Admin. R. 7.2 regarding disposition of judgeship vacancies. That Report was used in the designation of the chambers for a new judgeship in the East Central Judicial District. See, Chambering of Judgeship No. 9 in the East Central Judicial District, 2013 N.D. 81, 831 N.W.2d 52. On December 10, 2013, the Court took judicial notice of the information provided in May and directed the filling of the vacancy in Judgeship No. 6. See, Vacancy in Judgeship No. 6, East Central Judicial District, 2013 N.D. 225.

[4] Consultation with the judges and attorneys in the district is contemplated under N.D.C.C. § 27-05-02.1 when a judgeship vacancy occurs. However, in light of the Court’s December 10, 2013, Order, this Court intends to take judicial notice of the information in the previous East Central Judicial District judgeship files and, unless written objection is received, intends to direct that Judgeship No. 1, with chambers in Fargo, in the East Central Judicial District be filled by election.

[5] ORDERED, any person wishing to object to the Court's intention to direct the filling of Judgeship No. 1, with chambers in Fargo, in the East Central Judicial must to do so in writing to supclerkofcourt@ndcourts.gov no later than January 20, 2014.

[6] The Supreme Court of the State of North Dakota convened this 8th day of January, 2014, with the Honorable Gerald W. VandeWalle, Chief Justice, and the Honorable Dale V. Sandstrom, the Honorable Carol Ronning Kapsner, the Honorable Daniel J. Crothers and the Honorable Lisa Fair McEvers, Justices, directing the Clerk of the Supreme Court to enter the above order.

Penny Miller
Clerk 
North Dakota Supreme Court