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NORTH DAKOTA JUDICIAL COUNCIL Annual Report

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NORTH DAKOTA JUDICIAL COUNCIL Annual Report STATE OF NORTH DAKOTA NORTH DAKOTA JUDICIAL COUNCIL Annual Report "Stacking Hay in the 1930's" CALENDAR YEAR 1976 WILLIAM G. BOHN Executive Secretary ON THE COVER: Drawing taken from a pic­ ture of the John N. Basaraba farm, 1930's, McLean County. Artist, Deborah Knuth. STATE OF NORTH DAKOTA NORTH DAKOTA JUDIUIAL UOUNUIL Annual Report CALENDAR YEAR 1976 W ILLIAM G. BOHN Ex ecutive Secretary ~tatc of ~ orth Dakota JUDICIAL COUNCIL WI L L I AM G. BOHN STATE CAPITOL EXEC. SECY. AND TREAS. BISMARCK, NORTH DAKOTA 58505 (701) 224-3134 TO THE HONORABLE CHIEF JUSTICE AND ASSOCIATE JUSTICES OF THE SUPREME COURT OF THE STATE OF NORTH DAKOTA: TO THE HONORABLE MEMBERS OF THE NORTH DAKOTA JUDICIAL COUNCIL: In compliance with provisions of Section 27- 15- 07 of the North Dakota Century Code (NDCC), I submit the Annual Report of the North Dakota Judicial Council for the period of January 1 through December 31, 1976. This report is intended to serve as a reference source for statistical information on the operation of the North Dakota judicial system. I take this opportunity to publicly acknowledge the valuabl e assistance and cooperation extended to me by the judges and court personnel whose reports provided the information contained in the Annual Report. Particular thanks goes to the staff of the Court Administrator ' s Office for their dil igent work in compiling the statistics and designing the format for this report. Respectfully submitted, IAJ,: /![ ,,_, ;:\ WILLIAM G. BOHN 1 State Court Administrator and Judicial Council Executive Secretary TABLE OF CONTENTS A Short History of the North Dakota Courts.. 6 North Dakota Judicial System . 7 Supreme Court . 8 Office of State Court Administrator ........ ........ .... .. ... ......... 11 District Courts ................... ....... ........... ......... .... 15 County Courts with Increased Jurisdiction ..................... ......... 24 County Justice Courts ........................................ ....... 26 County Courts ...... .............. ..................... ........ 28 Municipal Courts .................................................... 29 Judicial Council ... ..... .. ... .. ................... .. ....... .... 30 Supreme Court Law Library ........................................... 32 Judicial Qualifications Commission ...... ............................ 33 Grievance Commission of the Supreme Court .............................. 34 A SHORT HISTORY OF THE NORTH DAKOTA COURTS By ROBERT VOGEL Associate J ustice North Dakota Supreme Court The courts of North Dakota sisting of several counties. We have had t he same six had their origin in t he courts of judicial districts since 1919. It is said t hat the Dakota Territory, which was boundaries of t he six judicial districts were fixed so established in 1861. At t hat time that t he judges could conveniently travel between t he population of D akota county seats by ra il . The result was t hat we have one territory (which included areas judicial district running from the Red River to t he now included in North Dakota Missouri River, another from Mohall to Minnesota, and South Dakota, and for a and other oddly shaped districts , even though time, Wyoming) was about judges now travel by automobile. Increases in 2 .400, not including most In­ workload have been met by legislative action in dians, who were som ewhat adding new judges to various districts. T his had difficult to locate and count in tended to equalize the workload to some degree, and those days. The capitol of Dak- the power of t he supreme court to assign judges ota Territory was Yankton, now in Sout h Dakota. temporarily to districts other t han their own has T he courts consisted of a supreme court, district provided additional flexibility. However , t hese courts, probate courts, police magistrates, and methods are not ent irely satisfactory since no judge justices of t he peace. likes to spend extended periods of time outside his district, and t he expense of such travel is heavy. We T he three members of the supreme court also now have nineteen district judges. acted as district judges. They went out on circuit The number of judges on the supreme court was and tried the cases and then, if there was an appeal, increased from three to five in 1908 , and has got together and decided t he appeal. The number of remained at five ever since. T he workload of the judges was changed from time to time and t here were supreme court is probably at the highest level ever, as many as six for a period after 1884. although there was a period in the early 1920's when T he Territorial judges were all appointed by t he it was almost as heavy. Alt hough the work is heavier President, so our earliest judges were appointed by now than ever before, t he supreme court , for t he first Presidents Lincoln, J ohnson, and Grant. Many were time in the memory of any living lawyer, has been political appointees and turnover was rapid. One completely current in its work (that is, every sub­ chief justice was said to have had no experience as a mitted case has been decided) several t imes within judge or lawyer . the last two years. Most of t he district courts are Most of the population was located in t he current - t hat is, any case ready for trial can be southeast corner of what is now South Dakota, and scheduled for trial within a reasonably short t ime. in the northeast corner of what is now North Dakota, T he courts of North Dakota at various times around Pembina. After gold was discovered in the have been the center of great controversy, but have Black Hills a third center of population grew up come t hrough the crisis relatively unchanged. There there. The first district court trial in what became were great controversies over the constitut ionality North Dakota was held at Pembina in J une, 1871 . and operation of t he industrial program of the Not surprisingly, t he defendant in the first criminal Nonpartisan League from 1916 onward, over the trial in Dakota Territory (held in what is now South const itutionality of various measures adopted by the Dakota) was charged with being a horse t hief. He legislature during the Great Depression, and over was convicted and served his three-year sentence in a the right to public office of Governor Langer and jail in Iowa, since t here were no jails in Dakota others after their convictions (later reversed and Territory at that time. followed by acquittals) in 1934. Perhaps the next few Nort h Dakota became a state and adopted its years will bring similar challenges arising from our own Constit ution in 1889. The court system was not anticipated mining and industrial development. greatly changed by the new Constitut ion , except A constitu tional amendment adopted by the that t he number of supreme court judges was fixed voters in 1976, will make possible substantial at three, and their jurisdiction was appellate only . changes in t he judicial system of North Dakota. It The system has not been greatly changed since. We transfers the au thority to modify judicial districts have changed the t itles of police magistrates to from t he legislature to the supreme court; leaving municipal judges, and have added county courts of only the supreme court and t he district courts as increased jurisdiction , and we have eliminated local const it utional courts, thereby permitt ing the justices of the peace, but other changes have been legislature to create, abolish, or modify lower few. Supreme court terms were held in three cities, courts; and t he Governor's power of appointment to Bismarck, Fargo, and Grand Forks until 1909. Since fill vacancies is limited by a new provision for the then all have been held in Bismarck. submission of names of prospective appointees by an District judges are assigned to districts con- advisory committee to t he Governor. (6 ) NORTH DAKOTA JUDICIAL SYSTEM Administrative route Appeals route SUPREME COURT 1 Chief Justice 4 Associate Justices • -----~ OFFICE OF STATE COURT ADMINISTRATOR ,----------------------- ' ' ' ' ' ' DISTRICT COURTS 6 Districts - 19 Judges (w/ presiding judge in each district) County Courts With County Justice County Probate Increased Jurisdiction Courts Courts 15 Judges 38 Judges 38 Judges Municipal Courts 180 Municipalities ( 7) SUPREME COURT The North Dakota Supreme Court is the highest The Court's appellate jurisdiction extends to all court for the State of North Dakota. It is the "court district court decisions and all decisions from county of last resort" in the state for all disputes or legal courts of increased jurisdiction. During 1976, 150 controversies co11cerning state law under the North appeals were filed with the Supreme Court. This Dakota State Constitution. compared with 128 for 1975 and 96 cases filed in Under constitutional provisions relative to t he 1971 . During the five year period from 1971 through separation of powers and the court's supervisory 1976 there was a 56 percent increase in the number responsibility over all inferior courts, the Supreme of appeals docketed. From 1975 through 1976 there Court has administrative responsibility in respect to was an increase of 17 percent. the judicial branch of government. With the caseload The number of civil cases filed increased slightly, of the system increasing from the standpoint both of by 6 percent. The increase was from 105 cases in numbers and complexity, administrative problems 1975 to 112 cases in 1976. Criminal cases filed in­ of some considerable magnitude must be addressed. creased from 23 in 1975 to 38 in 1976, or a 65 percent These functions are primarily performed by the State increase. This increase may be attributable, in part, Court Administrator, who serves at the pleasure of to a greater number of appeals originating from the Court. inmates at the North Dakota State Penitentiary. The Supreme Court is charged with the adoption The inmate census has grown substantially in the of rules governing practice and procedure in all last eighteen months.
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