Notice of Consultation Monday, January 4, 2016

IN THE SUPREME COURT 
STATE OF NORTH DAKOTA

NOTICE OF CONSULTATION

Supreme Court No. 20160001 

In the Matter of the Vacancy in Judgeship No. 7, with Chambers in Jamestown, North Dakota, Southeast Judicial District 

[1] On January 4, 2016, the Honorable Thomas E. Merrick, Judge of the District Court, Southeast Judicial District, notified this Court of his intention not to seek reelection in 2016. Under N.D.C.C. § 27-05-02.1(2) a vacancy in the office of district judge is created.

[2] Within 90 days after receipt of the notification of the intention not to seek reelection, 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. The Supreme Court considered the matter, and

[3] ORDERED, the Supreme Court undertake a written consultation with the attorneys and judges of the Southeast Judicial District on this matter under N.D. Sup. Ct. Admin. R. 7.2.

[4] IT IS FURTHER ORDERED, that any person wishing to comment on the vacancy may do so in writing no later than February 4 , 2016.

[5] It is expected the Supreme Court will receive a report discussing the factors under N.D. Sup. Ct. Admin. R. 7.2, Section 4, for each of the counties in the Southeast Judicial District from the Court Administrator for Unit 2. Written comments may be e-mailed to Penny Miller, Clerk of the Supreme Court, atsupclerkofcourt@ndcourts.gov, 600 E. Boulevard Ave., Bismarck, ND 58505-0530.

[6] Entered the 4th day of January, 2016, at the direction of 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.

Penny Miller
Clerk
North Dakota Supreme Court