Notices of Comment

Wed, 10 Jun 2026 05:00:00 GMT

Notice(s) of Comment have been issued by the Supreme Court in the following matters:

20260204 – Amendments to North Dakota Rule of Court 3.1 Regarding Pleadings

20260205 – Amendments to North Dakota Rule of Court 11.2 Regarding Withdrawal of Attorneys

This notice is provided under N.D.R.Proc.R. § 7.

Supreme Court accepting applications for Rural Attorney Recruitment Program

Tue, 09 Jun 2026 05:00:00 GMT

The North Dakota Supreme Court is currently accepting applications from counties and municipalities interested in participating in the Rural Attorney Recruitment Program.

The Rural Attorney Recruitment Program was established by the legislature in 2021 (NDCC 27-02.2) with the goal of increasing the number of attorneys residing and working in rural North Dakota. Under the program, the state of North Dakota, the State Bar Association of North Dakota, and the participating community each contribute funds to retain an attorney in an eligible community for a 5-year period. To be eligible for the program, a county must have five or fewer attorneys; or a municipality with a population of 5,000 or fewer.

Requirements for the application are found in section 2 of Administrative Rule 62.

The deadline for counties and municipalities to apply is 5 p.m. central time on July 1, 2026.

Applications should be sent to:

Office of the State Court Administrator

ATTN Rural Attorney Recruitment Program

600 E. Boulevard, Mailstop 180

Bismarck ND 58505-0530

Attorneys who are interested in the program may submit an application at any time by completing the electronic application form found on the Court’s website (apply here).

Link to Rural Attorney Recruitment Program information page.

Questions can be sent to Kelly Hutton, deputy state court administrator, at khutton@ndcourts.gov.

Richard B. Crockett 1944-2026

Mon, 08 Jun 2026 05:00:00 GMT

Richard B. (Dick) Crockett approached all facets of his life with curiosity, creativity, and commitment. Born August 5 1944, he died May 9, 2026, in Edina, MN. Dick was the epitome of a well-rounded individual and—first and always—was devoted to family. He married Susan (Suzie) Anderson in 1966, and their 59+ year partnership took them to a variety of places around the country. In each they furthered themselves professionally and personally, while never losing focus on their shared goals and values. Most importantly they raised two sons, Eric and Seth, and took great pleasure watching them pursue their own goals, marry and raise their own families. Nothing gave Dick more pleasure than a pontoon ride with his family on board, helping his six grandchildren to build skills in water sports. Staying open to new ways of building family memories, the Crockett family of 12 journeyed to places in the US, Europe, South America, and Africa.

Educational pursuits took Dick to the University of North Dakota and to Stanford Law School. His professional career was as multidimensional as he was. From founding Crockett and Anderson law firm in Fargo with his good friend Dick Anderson, to being President of the National Association of University Attorneys while working in university law at North Dakota State University and in Syracuse, N.Y., to the position of Executive Director of the Edina (MN) Community Foundation, Dick led with expertise, efficiency, and friendliness.

Dick was a connector. He deeply valued his many friendships and was a master at maintaining relationships. He enjoyed introducing old friends to new friends and to getting people together. His friends spanned his lifetime, and his interest in people never waned. He felt lucky to have grown up in Langdon, N.D., and proudly kept that link to smalltown heritage and agricultural roots.

Dick was a passionate collector of art—woodcuts, pottery, and sculpture—along with antique toys and books, so many books, tallied by his family at over 3000. He even collected Davy Crockett memorabilia.

In 2021 Dick wrote a book for his extended family titled, Parallel Lives. The book is part genealogy and part philosophy, highlighting similar ideals and experiences that spanned generations in both his and Suzie’s families. Dick ended the book with three overarching thoughts: “Seek opportunity through change”; “Serve your community”; “Love and stay close to your family.”

Dick is survived by his wife Suzie, sons Eric (Amy) and Seth (Alyssa); grandchildren Catherine, Nicklas, Emma, Leif, Lily and Fritz; his brother, Doug (Jackie) and Suzie’s brother Eric Anderson (Janalee).

A memorial service will be held at Westminster Presbyterian Church on Thursday, July 16th at 11:00 AM.

Juvenile Treatment Court teams gathered in Bismarck for training.

Fri, 05 Jun 2026 05:00:00 GMT

Juvenile Treatment Court teams gathered in Bismarck for training. The National Council of Juvenile and Family Court Judges spent a day and a half teaching the teams about best practices, incentives and sanctions, how to engage families and more. The Juvenile Treatment Court teams were able to discuss issues they are currently dealing with, as well as learn what is working in other courts. Treatment Court professionals from New Mexico and Montana joined in to share their experience.

Pictured above and below, each treatment court highlighted what worked well and what was different about their court.

Jessica Pearce, from NCJFCJ, presented to the state treatment court team members information on latest best practices and additional tools used across the country in treatment courts.

New Opinions: June 4, 2026

Thu, 04 Jun 2026 09:00:00 GMT

WSI v. Jones, et al. 2026 ND 115
Docket No.: 20250429
Filing Date: 6/4/2026
Case Type: Appeal - Administrative - Workers Compensation
Author: Tufte, Jerod E.

Highlight: Under Cridland v. N.D. Workers Comp. Bureau, 1997 ND 223, 571 N.W.2d 351, administrative res judicata does not bar a subsequent workers' compensation proceeding when the first proceeding decided a different subject matter and did not adjudicate the claim later asserted.

A claim that a work injury accelerated a preexisting condition is not ripe—and therefore could not have been raised in an earlier proceeding—until WSI has terminated benefits for the acute accepted condition.

State v. Littledog 2026 ND 114
Docket No.: 20250405
Filing Date: 6/4/2026
Case Type: Appeal - Criminal - Attempted Murder
Author: Per Curiam

Highlight: A criminal judgment entered after a jury convicted the defendant of attempted murder is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).

Sanderson v. Demers, et al. 2026 ND 113
Docket No.: 20250361
Filing Date: 6/4/2026
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: North Dakota law requires elected and appointed officials to take an oath of office but does not apply to unelected, unappointed employees of the unified judicial system.

The district court did not abuse its discretion in concluding Plaintiff's claims are frivolous and awarding attorney's fees to Defendants.

State v. Ferrell 2026 ND 112
Docket No.: 20250384
Filing Date: 6/4/2026
Case Type: Appeal - Criminal - Protection/Restraining Order
Author: McEvers, Lisa K. Fair

Highlight: An order dismissing a criminal case without prejudice is appealable.

A district court's decision to dismiss a criminal case on its own motion is reviewed for an abuse of discretion.

Pre-dispositional bail orders prohibiting contact are not among the kinds of orders punishable for disobedience under N.D.C.C. § 12.1-10-05(1).

Hofer v. Paulson, et al. 2026 ND 111
Docket No.: 20250142
Filing Date: 6/4/2026
Case Type: Appeal - Civil - Contracts
Author: McEvers, Lisa K. Fair

Highlight: Statutory interpretation presents a question of law, reviewed de novo on appeal. When interpreting a statute, the primary objective is to ascertain the intention of the legislation.

Under the statute of frauds, a special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in another statute, is invalid unless it is in writing.

A "guaranty" is a promise to answer for the debt, default, or miscarriage of another person, while an "assumption" of debt is taking someone else's debt or other obligation for or on oneself.

Under the statute of frauds, an agreement or promise to alter the terms of repayment or forgiveness of a debt, in an aggregate amount of twenty-five thousand dollars or greater, is invalid unless it is in writing.

Berger v. Berger 2026 ND 110
Docket No.: 20250356
Filing Date: 6/4/2026
Case Type: Appeal - Civil - Divorce - Property
Author: Friese, Mark A.

Highlight: Res judicata bars a district court's consideration of a subsequent motion when a valid, final judgment has been entered and that judgment is conclusive to the claims or causes of action raised, or those that could have been raised by the
parties.

Petition of Dansdill 2026 ND 109
Docket No.: 20250461
Filing Date: 6/4/2026
Case Type: Discipline - Attorney - Other
Author: Per Curiam

Highlight: The substantive evidence and merits of an informal disciplinary disposition are reviewed de novo on the record. A violation of the rules of professional conduct must be established by clear and convincing evidence.

Rule 5.5(a), N.D.R. Prof. Conduct, incorporates rules regulating the legal profession, including the North Dakota Admission to Practice Rules. A violation of Admission to Practice Rule 3 may constitute an ethical violation under Rule 5.5(a).

The second safe harbor alternative in N.D.R. Prof. Conduct 5.5(b)(3) permits a lawyer only to prepare for the matter before pro hac vice admission, not to appear in it. Being designated as counsel in a matter constitutes appearing.

A nonresident lawyer's failure to file a motion for pro hac vice admission within 45 days after appearing as counsel, as required by N.D. Admission to Practice Rule 3(A)(2), constitutes the unauthorized practice of law in violation of N.D.R. Prof. Conduct 5.5(a).

Timothy Joseph Beaton 1949 - 2026

Thu, 04 Jun 2026 05:00:00 GMT

Timothy Joseph Beaton, 77, passed away suddenly at his home in Crossville, TN on May 19, 2026.

Tim was born on February 17, 1949, at St. Ansgar’s Hospital in Moorhead, MN, to Janet and Francis Beaton. He was baptized at St. Anthony of Padua Catholic Church and was confirmed at Nativity Catholic Church, both of Fargo, ND.

Tim was a storyteller. He loved recounting the shenanigans that he and older brother Mike shared with their Beaton and Beckmann cousins, summer days spent playing outdoors with neighborhood kids, and racing home from Fargo’s Clara Barton Elementary and Agassiz Junior High to nab his mom’s freshly-baked chocolate chip cookies before playing pick-up hockey on neighborhood rinks well into the dark winter evenings. He helped build the Beaton family cabin on Lake Melissa in Detroit Lakes, MN, where in the 1960s he and Mike taught countless friends and friends-of-friends how to water ski, the lakeside sound of the Beach Boys playing over transistor radio.

Tim graduated from Fargo Central High School in 1967 as president of the school’s last graduating class, a distinction he wore with pride. He earned his Bachelor’s degree in History and Political Science Education from North Dakota State University in 1971, where he was a proud member of Sigma Chi Fraternity, and went on to earn his Juris Doctorate from the University of North Dakota Law School in 1974.

Tim met Joan Tool in the fall of their freshman year at NDSU; they were married on August 17, 1971, at Holy Spirit Catholic Church in Fargo. They welcomed daughter Heather in 1976, and son Casey in 1980.

Tim built a distinguished 21-year career in trust administration and management, leading the trust departments of banks in Grand Forks, ND; Fond du Lac, WI; Sheboygan, WI; Moorhead, and Fargo, maintaining membership in the Bar Associations of each state and county in which he worked. In 1996, Tim and Joan became small business owners, operating Northport True Value Hardware in Fargo. He devoted the last decade of his career in service of the community in which he was born and raised, as Executive Director of the Fargo Moorhead Area Foundation, where he oversaw its substantial growth and the purchase of a permanent headquarters overlooking Island Park Pool, where he swam as a boy. In recognition of his service and legacy, the Tim Beaton Cass Clay Community Land Trust Legacy Fund has been named in his honor.

Tim is survived by his wife of 55 years, Joan (Tool) Beaton; daughter Heather Beaton (Mark Speltz) of Eden Prairie, MN; son Casey (Deveny) Beaton of Prior Lake, MN; grandchildren Nora, Liam, and Ewan Hart, and Wesley, Oliver, and Thatcher Beaton; brother Michael F. (Carol) Beaton; nephews and niece Mike (Betsy) Beaton; Jill (David) Suppes; all of Fargo, ND; and Jon (Kari) Beaton of Eden Prairie, MN; and numerous beloved cousins, family, and friends. He is preceded in death by parents Janet D. (Beckmann) and Francis J. Beaton; and his beloved childhood cocker spaniel, Penny.

A private Rite of Committal will be held on Thursday, June 11, 2026, at St. Joseph’s Garden, St. Alphonsus Catholic Church, Crossville, TN. A service in Fargo-Moorhead is being planned for the fall; details will be shared at a later date.

Viewe the complete obituary here: https://www.bilbreyfuneralhomeinc.com/obituaries/timothy-beaton

Court Issues Order on Vacancy in NEJD Judgeship

Mon, 01 Jun 2026 05:00:00 GMT

An order regarding the vacancy in Northeast Judicial District Judgeship No. 6, with chambers in Grafton, has been posted to the opinions page.

This notice is provided under N.D.R.Proc.R. § 7.

Vacancy in Judgeship No. 6, NEJD 2026 ND 108

Docket No.: 20260127
Filing Date: 5/29/2026
Case Type: Judicial Administration - Vacancy - Vacancy
Author: Per Curiam

Highlight: Judgeship retained at Grafton

New Opinion: May 27

Wed, 27 May 2026 09:00:00 GMT

State v. Rademacher 2026 ND 107
Docket No.: 20250304
Filing Date: 5/27/2026
Case Type: Appeal - Criminal - Homicide
Author: Friese, Mark A.

Highlight: A sentencing court may impose a sentence of imprisonment if it finds there are aggravating factors to justify a departure from presumptive probation. Aggravating factors include the age and vulnerability of the victim, and whether the offender was in a position of responsibility or trust over the victim.

Whether aggravating factors apply under the presumptive probation statute, N.D.C.C. § 12.1-32-07.4, is a mixed question of law and fact.

The presumptive probation statute does not include a categorical exception for offenses involving a motor vehicle. The presumptive probation statute does not permit a district court to change the nature of an offense to which a defendant has pled guilty to, or been found guilty of, for sentencing purposes. Driving a motor vehicle alone does not establish "a position of responsibility or trust over the victim" under N.D.C.C. § 12.1-32-07.4(2)(b).

Job Announcement - Supreme Court Law Clerk

Wed, 27 May 2026 05:00:00 GMT

Salary: $83,472.00 Annually Location: Bismarck, ND Job Type: Full-Time/Regular Job Number: 2025-SC-BIS-85-LC Department: Supreme Court Justice Chambers Opening Date: 10/06/2025 Closing Date: 7/12/2026 11:59 PM Central General Summary or Purpose
Second-year law students interested in applying for a one-year appointment as a law clerk to the North Dakota Supreme Court should submit the following as an attachment: A letter of application addressed to: The Honorable Lisa Fair McEvers Judicial Wing, 1st Floor 600 East Boulevard Avenue Bismarck, ND 58505-0530 An autobiographical sketch highlighting your achievement, life events relevant to your studies, or display an important aspect of your character. A curriculum vitae. Undergraduate transcript. L.S.A.T. score report. Law school application for admission. One official law school transcript to date of application. Three letters of recommendation, including at least one from a member of the law school faculty. If a faculty member is submitting a recommendation letter directly to the ND Court System, please upload a document stating such. Please have faculty email recommendation letters to hr@ndcourts.gov. A writing sample that has been edited only by the applicant. Three references (list these in the Reference section of the application). It is acceptable to list the same individuals who provide letters of recommendation.

The current salary is $83,472 per year. Depending upon availability of funds and the possibility of legislative action for a pay increase between now and August 2027, that amount may change. The Court requires an individual selected to serve as a law clerk to be legally authorized to work in the United States and expects the individual to successfully complete law school education, take a bar examination of the applicant's choice before beginning the clerkship, and commit to completing a full one-year term from August 1, 2027, to July 31, 2028. Candidates will be subject to a criminal background check. Interviews will be scheduled for August 2026.

Major Responsibilities & Essential Functions

Title of Immediate Supervisor: Supreme Court Justice Accountable for (Job Titles): None FLSA Status: Exempt The Law Clerk is responsible for providing assistance to the justices by providing legal research, preparing case summaries, and preparing legal memoranda. Works closely under the direction of the justice. Conducts legal research, analyzes legal issues, and examines applicable laws prior to court decisions. Reads briefs, prior opinions, transcripts, court records, and documents. Analyzes legal issues and arguments. Performs legal research for statutes, legal precedents, regulations, or legislative history on relevant issues pertaining to the cases(s). Writes legal memoranda and statement of issues involved, including suggestions and recommendations to the justice. Drafts proposed opinions as directed. Complies references on law and decisions necessary for legal determinations, shepardizes cases either manually or by computerized inquiry. Reads and digests briefs, petitions, motions, opinions, and extracts pertinent points of fact and law. Reviews, edits, refines, and proofs opinions. Attends hearings and/or trials where research may be required to assist the court. Performs research and/or assists in the compilation of information and data needed for special projects that may be requested by the justice. Performs other duties of a comparable level or type.
Minimum Qualifications & Certification or Licensing Requirements: Requires a juris doctor degree from an accredited law school and some related experience in conducting legal research and legal writing.
Knowledge, Skill, & Physical Requirements
Knowledge Requirements: Knowledge of general law, statutory law, and court case precedent. General knowledge of court administration and office management policies and procedures. Knowledge of court system operations, court procedures, and rules including legal rules of evidence, civil procedures, criminal procedures, and appellate procedures. Knowledge of logical legal theorems, their application to legal precedent, rules of legal interpretation, and statutory interpretation. Skill Requirements: Skilled in conducting legal research and the application and interpretation of legal concepts, principles, and legal theorems to the specifics of the individual cases. Skilled in the use of legal research resources and software (i.e. Westlaw, LawDesk, Miche, Premise, etc.) and general office support applications (i.e. word processing and other desktop software/applications). Skilled in formulating, writing, and drafting legal opinions in a clear, concise, and coherent manner in accordance with the requirements of the court. Skilled in applying fundamental legal principles, rules, concepts, precedents, and cases in addressing individual cases and legal problems/issues. Physical Requirements: The essential functions of the job typically require: grasping, walking, sitting, talking, hearing, feeling, seeing, fingering, and some repetitive motions or other reasonable methods that accommodate an individual in completing the essential functions of the job. Employee is subject to some limited travel in the performance of the job. Physical requirements can typically be characterized as Sedentary Work: Exerting up to 10 lbs. of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull, or otherwise move objects, including the human body.

View the complete posting here: https://www.governmentjobs.com/careers/ndcourts/jobs/5101726/law-clerk-supreme-court?pagetype=jobOpportunitiesJobs

New Opinions: May 22, 2026

Fri, 22 May 2026 09:26:00 GMT

Reller v. State 2026 ND 106
Docket No.: 20250419
Filing Date: 5/22/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: A district court should summarily dismiss an application for postconviction relief only when the application demonstrates an impossibility of proving a claim upon which relief can be granted.

Following a motion for summary disposition of a postconviction relief application, an applicant must provide evidentiary support demonstrating an issue of material fact in order to defeat summary disposition.

A postconviction relief applicant asserting ineffective assistance of counsel must show: first, counsel's representation fell below an objective standard of reasonableness; and, second, counsel's deficient performance prejudiced the applicant.

Courts need not address both elements of the ineffective assistance of counsel test if one element is dispositive.

Shively v. Shively 2026 ND 105
Docket No.: 20250374
Filing Date: 5/22/2026
Case Type: Appeal - Civil - Divorce
Author: McEvers, Lisa K. Fair

Highlight: The mandate rule, a more specific application of law of the case, requires the trial court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry the appellate court's mandate into effect according to its terms.

An award of primary residential responsibility is a finding of fact reviewed under the clearly erroneous standard. A district court must state its findings of fact with sufficient specificity to enable a reviewing court to understand the factual basis for its decision.

An award of parenting time between a parent without primary residential responsibility and a child is presumed to be in the child's best interests. Absent a reason for denying it, some form of extended summer parenting time with a fit
parent is routinely awarded if a child is old enough.

A district court must consider the Ruff-Fischer guidelines in equitably dividing the marital estate. A district court's distribution of marital property is reviewed as a finding of fact under a clearly erroneous standard.

Adverse rulings alone are not evidence of judicial bias or partiality. A change of judge may be ordered when a judge has an inability or unwillingness to follow the mandate on remand.

Craig v. State 2026 ND 104
Docket No.: 20260038
Filing Date: 5/22/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Porteus v. NDDOT 2026 ND 103
Docket No.: 20250450
Filing Date: 5/22/2026
Case Type: Appeal - Administrative - Department of Transportation
Author: Friese, Mark A.

Highlight: A district court judgment affirming the North Dakota Department of Transportation's decision to suspend driving privileges is affirmed.

The plain language of N.D.C.C. § 39-10-38(2) requires a driver to continuously signal an intention to turn for not less than 100 feet before the turn. Stopping at a stop sign or other traffic control device does not negate the duty to continuously signal for not less than 100 feet before turning.

State v. Busche 2026 ND 102
Docket No.: 20250409
Filing Date: 5/22/2026
Case Type: Appeal - Criminal - Disorderly Conduct
Author: Per Curiam

Highlight: A district court's criminal judgment is summarily affirmed under N.D.R.App.P.35.1(a)(3) and (7).

State v. Baker 2026 ND 101
Docket No.: 20250258
Filing Date: 5/22/2026
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: An objection is unnecessary to preserve a claim of illegal sentence imposed in a criminal judgment from which an appeal may be immediately taken.

A person cannot be punished multiple times for a single offense, but a person may be guilty of multiple counts of the same offense when the convictions arise from different acts.

A sentencing court cannot reduce a person's good time. The computation of good time credits is exclusively an administrative responsibility.

An inmate must be sentenced to a correctional facility for the facility administrator to grant the inmate good time credit under N.D.C.C. § 12-44.1-3

Chief Justice Fair McEvers Delivers Commencement Address

Thu, 21 May 2026 05:00:00 GMT

On May 9, 2026, Chief Justice Lisa Fair McEvers delivered the commencement address for the UND School of law. Seventy-three candidates completed the requirements for the degree of Juris Doctor. In her remarks, Chief Justice McEvers encouraged graduates to approach the legal profession with integrity, professionalism and a commitment to service. She reflected on the important role attorneys play in their communities and challenged graduates to remain dedicated to lifelong learning, thoughtful advocacy and the pursuit of justice throughout their careers.

View the complete story here: https://blogs.und.edu/ndlaw/2026/05/und-school-of-law-celebrates-class-of-2026/

Above, Chief Justice Lisa Fair McEvers delivers the commencement address to the 2026 graduates and attendees.

Above, a photo of the UND School of Law Class of 2026. (Source: UND School of Law Celebrates Class of 2026 - North Dakota Law)

Notice Regarding Amendment or Adoption of Rules

Tue, 19 May 2026 15:05:24 GMT

Notice(s) of Adoption have been issued by the Supreme Court in the following matters:

20130315 – Order on Mediation Fee Waivers or Fee Reductions contained in North Dakota Rules of Court 8.1 and North Dakota Rules of Appellate Procedure 5
20250435 – Adopt. North Dakota Supreme Court Administrative Rule 59.1 Regarding the Office of Guardianship and Conservatorship
20260134 – Amend. to North Dakota Supreme Court Administrative Rule 20 Regarding Magistrates - Qualifications, Authority, Education and Procedures and 36 Regarding Judicial Branch Education
20260124 - Adopt of North Dakota Supreme Court Administrative Order 36 - Use of Generative Artificial Intelligence
20260181 - Board of Law Examiners Recommendation to Adopt Passing Score for NextGen Uniform Bar Examination; Proposed Amendments to Admission to Practice R. 6, 7, and 13

This notice is provided under N.D.R.Proc.R. § 7.

North Dakota Supreme Court Sets Passing NextGen UBE Score

Tue, 19 May 2026 14:58:33 GMT

The North Dakota Supreme Court adopted a passing score of 610 for the NextGen Uniform Bar Examination (NGUBE). North Dakota will allow motion applicants by score transfers for those achieving a score of 610 or greater on the NGUBE starting with the July 2026 administrations in other jurisdictions.

The National Conference of Bar Examiners developed the NGUBE to replace the Uniform Bar Exam (UBE). In September 2024, the North Dakota Supreme Court announced it will administer the NGUBE beginning in July 2027 to those seeking admission to practice law in North Dakota. The NGUBE has been adopted in of 50 of 56 jurisdictions, which will continue the wide portability of scores previously afforded by the UBE.

To learn more about the NGUBE, click here.

Vacancy in Judgeship No. 5, North Central Judicial District - Supreme Court No. 20260183

Mon, 18 May 2026 18:30:00 GMT

A Notice of Consultation regarding a vacancy in North Central Judicial District Judgeship No. 5, with chambers in Minot, has been posted.

This notice is provided under North Dakota Supreme Court Administrative Rule 7.2.

New opinion: May 15, 2026

Fri, 15 May 2026 09:09:00 GMT

State v. Wilson 2026 ND 100
Docket No.: 20250449
Filing Date: 5/15/2026
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A district court's criminal judgments are summarily affirmed in part under N.D.R.App.P. 35.1(a)(3) and summarily reversed in part under N.D.R.App.P. 35.1(b).

Bismarck Adult Treatment Court celebrated 25 Years on May 5th

Fri, 15 May 2026 05:00:00 GMT

Treatment Court Awareness Month kicked off with the Bismarck Adult Treatment Court is celebrating a major milestone this year — 25 years of changing lives and strengthening the community through accountability, recovery, and support. Since its founding, the court has provided individuals struggling with substance use disorders an opportunity to rebuild their lives through treatment, supervision, and rehabilitation rather than incarceration alone. The celebration included recognition of the hard work required to complete the program, words of encouragement from people who started the program and stories of changed lives from past graduates.

Over the past quarter century, the program has served 561 participants, helping hundreds of individuals address addiction and move toward long-term recovery. Of those participants, 327 have successfully graduated from the program, marking a significant achievement for both the individuals involved and the broader community.

The Adult Treatment Court combines intensive treatment services, regular court appearances, drug testing, and community support to help participants achieve sobriety and reduce repeat offenses. Its success over the last 25 years reflects the dedication of judges, treatment providers, probation officers, law enforcement, and community partners who work together to support recovery and public safety.

As the program celebrates its 25th anniversary, court officials and supporters continue to recognize the positive impact the Bismarck Adult Treatment Court has had on participants, families, and the community as a whole.

District Court Judge Pam Nesvig spoke about the impact that treatment court has made in the lives of the hundreds of participants throughout the years.

District Court Judge Jackson Lofgren describes his experiences working with treatment court earlier in his career as a defense attorney.

North Dakota Clerks of Court Gather in Bismarck for 2026 Statewide Conference

Thu, 14 May 2026 05:00:00 GMT

The Clerk of Court Conference successfully concluded its 2026 annual conference on Thursday, May 14, following two days of professional development and collaboration among court professionals from across North Dakota.

Held at the North Dakota State Capitol in Bismarck on May 13–14, the conference brought together over 70 District Clerks of Court and Municipal Court Clerks for educational sessions focused on strengthening court operations, communication, and emerging technologies within the judicial system.

The conference agenda featured a variety of presentations and roundtable discussions addressing current issues and evolving responsibilities in the courts. Key topics included:

Public Relations & Engagement in the Court System: Strategies for strengthening public trust and improving communication within the judiciary.
Meet the Courts – N.D. Court System: Updates and resources from the North Dakota Law Library and Self-Help Center.
Guardianship & Conservatorship Services: Information on the work and responsibilities of the new North Dakota Office of Guardianship & Conservatorship.
Municipal Clerks Roundtables: Discussions on administrative rules and appellate procedures for courts of record.
Information Technology Updates: Insights into ongoing technology initiatives and system improvements impacting court operations statewide.
Artificial Intelligence in the Courts: Exploration of how generative AI technology may affect court administration and judicial processes in the years ahead.
Workforce & Leadership Development: Training focused on communication, motivation, and improving workplace effectiveness.

The conference also included the Clerk Association business meeting and networking opportunities for clerks and court staff throughout the state.

The event highlighted the critical role Clerks of Court and their deputies play in ensuring the efficiency, transparency, and accessibility of North Dakota’s judicial system. From maintaining official court records to supporting judges, attorneys, and the public, clerks serve as an essential foundation of daily court operations.

As the judicial system continues to adapt to new technologies and increasing public demands, conferences like this provide valuable opportunities for education, collaboration, and innovation among court professionals statewide.

North Dakota Supreme Court Chief Justice Lisa Fair McEvers welcomed attendees on Wednesday to the conference.

North Dakota State Court Administrator Sally Holewa introduces presenter Kevin Bowling.

Judge Todd L. Cresap to Retire

Tue, 12 May 2026 05:00:00 GMT

North Central Judicial District Judge Todd L. Cresap has announced that he will retire effective July 17, 2026

Judge Cresap noted in a letter to Governor Kelly Armstrong that, "It has truly been my honor to have served both the people of the Northwest District as well as those of the North Central District".

Judge Todd L. Cresap was appointed District Court Judge for the North Central Judicial District, Judgeship No. 5 in Minot, North Dakota, by Governor John Hoeven in 2009. He was subsequently elected to the position in 2012 and re-elected in 2016 and 2022.

Born in 1961, Judge Cresap is a native of Valley City. He earned his bachelor’s degree from Minot State University in 1983 and received his Juris Doctor from the University of North Dakota School of Law in 1986. He was admitted to the North Dakota Bar on September 26, 1986.

Prior to his appointment to the bench, Judge Cresap practiced law privately in Minot for more than two decades until assuming his judicial duties in 2009.

Judge Cresap's letter to Gov. Armstrong may be viewed here: Download

Unit 1 Retreat

Mon, 11 May 2026 05:00:00 GMT

Unit 1 held a retreat at Icelandic State Park on May 7 and 8. Lee Ann Barnhardt presented “Fill the Bucket…Creating a Positive Workplace,” a session focused on how small, intentional actions can build a supportive environment where staff feel valued. Staff left with “drops” to share meaningful recognition to help “fill each other’s buckets.” Jess Throlson provided an overview of North Dakota’s Specialty Courts, including adult treatment court, juvenile treatment court, domestic violence court, and veterans court, and highlighted the new specialty courts being added to other units this fall. Staff also enjoyed team-building activities, including a “Where in the Wild is that Courthouse?” trivia challenge and a scavenger hunt to close out each day.

Staff Attorney Mikan Lovcik (standing) takes part in a session activity.

Lee Ann Barnhardt presented a session on building a supportive workplace.

New opinions: May 7, 2026

Thu, 07 May 2026 09:09:00 GMT

State v. Leland, et al. 2026 ND 99
Docket No.: 20250328
Filing Date: 5/7/2026
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Jensen, Jon J.

Highlight: North Dakota Century Code § 47-06-10 applies when a stream, "in forming itself a new arm divides itself and surrounds land" belonging to the owner of the shore. The statute provides no other condition.

North Dakota Century Code § 47-06-06 applies when land is carried away "to the opposite bank or to another part of the same bank," and it permits the land that was carried away to be reclaimed from "the owner of the land to which it has been united." It does not apply when land is not united with a bank.

Ownership of a government lot adjacent to navigable water does not extend beyond the water.

The doctrine of laches is limited when the government acts to protect the public's interest.

BEK Communications v. El-Dweek, et al. 2026 ND 98
Docket No.: 20260055
Filing Date: 5/7/2026
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: Jensen, Jon J.

Highlight: When considering whether a failure to disclose information covered by North Dakota's journalist shield statute should be disclosed to prevent a miscarriage of justice, a district court does not abuse its discretion by ordering an in camera review of the information before determining whether a miscarriage of justice will occur, and can apply the balancing test set out in Grand Forks Herald v. District Court in and for Grand Forks County, 322 N.W.2d 850 (N.D. 1982), after conducting the in camera review and before ordering the disclosure of any
information.

Before ordering an in camera review of privileged or confidential information sought by a defendant in a criminal case, the district court should determine whether the "particularized showing" required by Ritchie v. Pennsylvania, 480 U.S. 39 (1987), has been met.

City of Bismarck v. Herrera 2026 ND 97
Docket No.: 20250312
Filing Date: 5/7/2026
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: Probable cause is not an element of a test refusal offense under N.D.C.C. § 39-08-01. The existence of probable cause to arrest is a question of law subject to challenge in a pre-trial motion to suppress, rather than an issue of fact for a jury to decide.

In a case involving a test refusal offense, a defendant's refusal to submit to a preliminary breath test is admissible in evidence pursuant to N.D.C.C. § 39-20-14(3), when the defendant was arrested for a violation of N.D.C.C. § 39-08-01 or an equivalent municipal ordinance, and did not take any additional tests requested by a law enforcement officer.

Interest of Hoff 2026 ND 96
Docket No.: 20250456
Filing Date: 5/7/2026
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court's order continuing commitment of a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Hernandez 2026 ND 95
Docket No.: 20250370
Filing Date: 5/7/2026
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Friese, Mark A.

Highlight: If a DUI arrestee, upon being asked to submit to a chemical test, affirmatively asks or expresses a need to consult an attorney, failure to allow a reasonable opportunity to contact an attorney is not an affirmative refusal.

An arrestee's conversational reference to an attorney without expressing a need to consult counsel is not an affirmative request and does not require a custodial officer to provide the arrestee an opportunity to consult with counsel.

Stokka v. Stokka, et al. 2026 ND 94
Docket No.: 20250298
Filing Date: 5/7/2026
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(8). Double costs and fees are awarded.

Energy Transfer, et al. v. Gion, et al. 2026 ND 93
Docket No.: 20250341
Filing Date: 5/7/2026
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Tufte, Jerod E.

Highlight: A North Dakota district court has inherent equitable authority, preserved by the state constitution and statutes, to enjoin a person subject to its personal jurisdiction from prosecuting a duplicative or collateral proceeding in a foreign forum.

A court considering an antisuit injunction applies a three-step framework: (1) whether the parties and issues in the parallel actions are substantially similar; (2) whether equitable considerations—frustration of forum policy, vexatiousness, threats to the issuing court's jurisdiction, or other prejudice—favor an injunction; and (3) whether principles of international comity weigh against issuance. The substantial-similarity inquiry requires comparison of the elements the foreign
claim requires, not the labels parties or legislatures attach to it. International comity is a substantial factor weighing against issuance, but not a categorical bar.

The district court abused its discretion in denying an antisuit injunction by misapplying that framework—comparing only the labels of the foreign and domestic claims rather than the elements they require, and treating comity as inapplicable. Supervisory writ granted and remanded with directions to enter a narrowly tailored antisuit injunction.

Lepird Drywall v. Elite Flooring Installations 2026 ND 92
Docket No.: 20250333
Filing Date: 5/7/2026
Case Type: Appeal - Civil - Contracts
Author: Bahr, Douglas Alan

Highlight: Whether an oral contract exists, the extent of its terms, and whether a party substantially performed are questions of fact reviewed under the clearly erroneous standard.

Whether a conversion has been committed is a finding of fact reviewed under the clearly erroneous standard, and the claimant bears the burden of proving conversion by a preponderance of the evidence.

Damages must be proved to a reasonable degree of certainty, and the mere assertion that damages exist is insufficient without a factual basis from which the fact finder can determine their amount.

Baumgartner v. NDDOT 2026 ND 91
Docket No.: 20260005
Filing Date: 5/7/2026
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A district court judgment affirming a hearing officer's decision revoking driving privileges for 180 days is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

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