Vacancy in Judgeship No. 2, NECJD , 2023 ND 205 ( 2023 )

IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2023 ND 205In the Matter of the Vacancy in Judgeship No. 2, with Chambers in Grand
Forks, Northeast Central Judicial District
No. 20230284
Per curiam.
[¶1] On August 22, 2023, Governor Doug Burgum notified the Supreme Court
of the resignation of the Honorable Lolita G. Hartl Romanick, Judge of the
District Court, with chambers in Grand Forks, Northeast Central Judicial
District, effective November 1, 2023. Judge Romanick’s retirement creates a
vacancy under N.D.C.C. § 27-05-02.1.
[¶2] Under N.D.C.C. § 27-05-02.1, this Court is required to review vacancies
that occur and determine, within 90 days of receiving notice of a vacancy,
whether the office is necessary for effective judicial administration. This Court
may, consistent with that determination, order a vacancy filled or order the
vacant office be transferred to another judicial district in which an additional
judge is necessary, or abolish a vacant judicial office, with or without a
transfer.
[¶3] Under N.D. Sup. Ct. Admin. R. 7.2, notice of a written consultation with
attorneys and judges and other interested persons in the Northeast Central
Judicial District was posted September 5, 2023, on the website of the Supreme
Court regarding the vacancy created by Judge Romanick’s resignation of
Judgeship No. 2. Written comments on the vacancy were permitted through
September 29, 2023. This procedure is sufficient for purposes of the
consultation required under N.D.C.C. § 27-05-02.1.
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[¶4] A report containing population and caseload trends, and other criteria
identified in N.D. Sup. Ct. Admin. R. 7.2, Section 4, was filed September 25,
2023, by the Northeast Central Judicial District. The State Court
Administrator provided weighted caseload statistics through August 31, 2023,
annualized to project the total caseload for calendar year 2023 for the
Northeast Central Judicial District and statewide.
[¶5] The Northeast Central Judicial District is comprised of Grand Forks and
Nelson Counties. The district has six judges chambered in Grand Forks. The
district has no judicial referee. This judgeship is responsible for an equal share
of the civil and criminal caseloads in the district.
[¶6] According to the district’s report, the population in Grand Forks County
increased eight percent from 2010 to 2020. The population in Nelson County
decreased 15 percent during the same time period. The population prediction
through 2025 shows an additional increase in Grand Forks County and
additional decrease in Nelson County.
[¶7] Grand Forks County has four problem-solving courts: one adult drug
court, one juvenile drug court, one domestic violence court, and one veteran’s
court. The judicial officer need for the problem-solving courts is 0.532.
[¶8] The district’s report reflects a decrease in case filings from 7,086 in 2019
to 5,888 in 2022. The district’s report states that based on projections, case
filings are expected to increase in 2023 to 6,840. According to the weighted
caseload study, the judicial officer need remained consistent from 2021-2022
to 2022-2023. Addition of Judgeship No. 6 by the 68th legislative assembly
reduced the shortage to less than one judge. Based on the case filings and the
availability of six district judges, the Northeast Central Judicial District shows
a 0.37 shortage in judicial officer need. Vacating or moving this judgeship
would create a shortage in the district and make it difficult to provide effective
judicial services.
[¶9] Based on the record before us, we determine the district judge is
necessary for effective judicial administration in Grand Forks and the
Northeast Central Judicial District.
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[¶10] IT IS HEREBY ORDERED, that Judgeship No. 2 at Grand Forks in the
Northeast Central Judicial District be filled in the manner provided by
N.D.C.C. ch. 27-25.
[¶11] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
Douglas A. Bahr
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