Judgeship seat in Jamestown to be retained in Southeast Judicial District

Sep. 22—JAMESTOWN — The North Dakota Supreme Court issued an order on Wednesday, Sept. 20, for a vacant judgeship seat to be retained in the Southeast Judicial District.

"I'm pleased that the Supreme Court recognized that our caseload is returning," said Daniel Narum, presiding judge of the district.

The vacancy in the Southeast Judicial District is for seat #1 which is chambered in Jamestown. Southeast District Court Judge Troy LeFevre's seat is also chambered in Jamestown.

The Southeast Judicial District consists of Barnes, Dickey, Eddy, Foster, Griggs, Kidder, LaMoure, Logan, McIntosh, Ransom, Richland, Sargent, Stutsman and Wells Counties. The district has seven judges: one judge chambered in Ellendale, one in New Rockford, one in Wahpeton, two in Jamestown, and two in Valley City.

"They recognized the vast geographic area that we have to serve and how that creates its own challenges in addition to the workload so that gives me some confidence going forward that we will be staffed with a sufficient number of judges to cover that geography," Narum said.

The vacancy in the Southeast Judicial District was created after Gov. Doug Burgum appointed Judge Cherie Clark on July 31 to one of the two newly created judgeships in the East Central Judicial District, which comprises Cass, Steele and Traill counties. The North Dakota Supreme Court was also notified on July 31 of Clark's resignation from the Southeast Judicial District, which was effective Sept. 3. Clark's term expires in 2024.

Under North Dakota Century Code 27-05-02.1, the Supreme Court is required to review vacancies that occur and determine within 90 days of receiving the notice of a vacancy whether the office is necessary for effective judicial administration, the Supreme Court's order says. The Supreme Court may order a vacancy to be filled or order the vacant office to be transferred to another judicial district where an additional judge is necessary or abolish a vacant judicial office with or without a transfer.

The population in the Southeast Judicial District remained stable from 2010 to 2022, the order says. This judgeship is responsible for half of the cases filed in Stutsman County. The order says judges chambered in Stutsman County have regular master calendar duties in Dickey, LaMoure, Logan and McIntosh counties and occasional case assignments in Eddy, Foster, Griggs, Kidder and Wells counties.

According to the weighted caseload study, based on the case filings and the availability of seven district judges, the Southeast Judicial District shows an overage in judicial officer need, the order says. The overage increased from 1.17 in 2021-2022 to 1.20 in 2022-2023.

"Vacating or moving this judgeship would not create a shortage in the District, but it would make it difficult to provide effective judicial services to residents of a geographically large district," the order says. "The overage in the need for judicial officers is not significant enough to vacate this judgeship. Based on the record before us, this Court determines the District judge is necessary for effective judicial administration in Jamestown and the Southeast Judicial District."

Stutsman County also has an adult drug court and shares a juvenile drug court with Barnes County. The order says the North Dakota State Hospital and the Anne Carlsen Center are located in Stutsman County, which results in an increased number of mental health cases and guardianship cases. The Southeast Judicial District's report reflects a decrease in criminal and juvenile cases from 4,745 in 2020 to a projected 2,541 in 2023, the order says.

"The District's report states a lack of personnel in the State's Attorney's office for the majority of 2022 and 2023 significantly and negatively affected Stutsman County criminal and juvenile caseload numbers as well as those of the District," the order says. "The major civil caseload increased 110% from 40 in 2020 to a projected 84 in 2023."