Vacancy in Judgeship No. 2, Northwest Judicial District
2016 ND 218
| N.D. | 2016Background
- Judge David W. Nelson (District Court, Judgeship No. 2, Williston, Northwest Judicial District) gave notice of retirement effective December 31, 2016, creating a judicial vacancy under N.D.C.C. § 27-05-02.1.
- The Supreme Court must determine within 90 days whether the vacant office is necessary for effective judicial administration and may fill, transfer, or abolish the office.
- The Court followed N.D. Sup. Ct. Admin. R. 7.2 consultation procedures: posted notice, solicited written comments, and received a district report (including population and caseload trends) plus statewide weighted caseload statistics through Sept. 2016.
- Northwest Judicial District (Divide, McKenzie, Williams Counties) experienced significant caseload growth related to oil and gas activity; the Legislature previously authorized additional judgeships in 2013 and 2015 for this district.
- Weighted caseload analysis (2015–2016 annualized) showed a 1.63 judicial officer shortage (down from 2.27 for 2014–2015), with ongoing backlogs, contested probate matters (mineral rights issues), and rising juvenile dependency cases.
- The Court concluded, on the record and considering Admin. R. 7.2 criteria and statewide data, that the judgeship is necessary for effective judicial administration and ordered Judgeship No. 2 filled pursuant to N.D.C.C. ch. 27-25.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the vacant judgeship is necessary for effective judicial administration | Northwest Judicial District / State Court Administrator: weighted caseload and backlog demonstrate continued need for the judgeship | No opposing party argued vacancy should be abolished or transferred; no substantial reduction argument prevailed | Court held the judgeship is necessary and must be filled |
| Whether the consultation process satisfied statutory/administrative requirements | Court/Administrator: Admin. R. 7.2 notice and comment procedure was followed | No challenge to procedure was raised | Court found the consultation sufficient |
| Reliability of weighted caseload data to measure need | District and State Court Administrator: weighted caseload study shows a 1.63 shortage using 2015–2016 data | No effective challenge to methodology presented in record | Court relied on weighted caseload and administrative records to determine need |
| Whether recent slowdown in oil/gas activity negates chambering need | District: despite slowdown, population projections and case complexity (probate/mineral issues, juvenile dependency) justify the judgeship | Implicit argument that slowdown reduced demand (reflected by decreased shortage number) | Court concluded decrease was not sufficient to vacate judgeship; ordered it filled |
Key Cases Cited
- Chambering Four New District Judgeships, 2015 ND 138, 864 N.W.2d 286 (review of chambering decisions and caseload considerations)
- Chambering of Judgeship No. 10 in the Northwest Judicial District, 2013 ND 82, 831 N.W.2d 367 (prior chambering related to oil/gas caseload)
- Chambering of Judgeship No. 11 in the Northwest Judicial District, 2013 ND 86, 831 N.W.2d 717 (prior chambering related to oil/gas caseload)