Krueger v. Grand Forks County , 2014 N.D. LEXIS 178 ( 2014 )

VANDE WALLE, Chief Justice,

concurring specially.

[¶ 46] I agree with and have signed the opinion authored for the Court by Justice Sandstrom. I write separately to note that I have grave doubts a party to a lawsuit can subpoena a judge to testify to matters other than those' the judge has observed as an eyewitness to a particular incident. Krueger’s contention that the judge could testify about the court’s role in supervising the public administrator, the court’s role in reviewing the conservator’s report, and the court’s role in matters related to her estate is antithetical to the role and duties of a judge under the North Dakota Code of Judicial Conduct. In my opinion, it would have been appropriate to summarily quash the subpoena for Judge Medd.

[¶ 47] Gerald W. VandeWalle, C. J.