North Dakota Judicial Nominating Committee

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Methods of judicial selection
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Legislative elections
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The North Dakota Judicial Nominating Committee is an independent state commission in North Dakota established by the North Dakota Century Code that plays a role in the state's judicial selection process.^[1] The committee has six members, selected by the governor, the state Bar association, and the chief justice of the state supreme court.

North Dakota uses the assisted appointment method of judicial selection for vacancies in its state courts. Using this method, the governor appoints state judges from a list of names submitted by the committee.

The committee is a hybrid commission, which means that there is no majority of members chosen by either the governor or the state Bar association. As of September 30, 2024, 11 states used this type of commission. To learn more about controlling majorities in judicial selection commissions, click here.

Members[edit]

Last updated: May 2024

The committee has six permanent members who serve three-year terms. Terms are staggered and committee members are limited to serving two terms. The six permanent members are appointed as follows: two by the chief justice of the North Dakota Supreme Court, two by the president of the State Bar Association of North Dakota, and two by the governor.^[2] One of the two appointees to the committee must be a judge, former judge, or lawyer licensed to practice law in the state, and the other must be a layperson.^[1]

The members of the committee cannot be appointed to fill a judicial vacancy while they serve on the committee. Additionally, members receive no salary, but they are to be reimbursed for travel and other expenses related to committee work.^[1]

Process[edit]

The committee's process is defined in state statutes.^[1]

1. The committee solicits candidates to apply to vacancies on the court.
2. The committee evaluates each applicant.
3. Within 60 days of notice of the vacancy, the committee must submit a shortlist to the governor for consideration.
4. Within 30 days of receiving the shortlist, the governor must select an appointee from the list or request a new list from the committee.

Duties[edit]

As of April 2023, state statutes did not list specific duties for members of the commission.

Control of judicial selection commissions[edit]

Assisted appointment is a method of judicial selection in which a nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.^[3]

At the state supreme court level, this method is further divided into the following three types, based on the makeup of the judicial nominating commissions. Those types are:

• Governor-controlled commission - The governor is either responsible for appointing a majority of the members of the nominating commission or may decline to appoint a candidate from a list provided by the nominating commission.
• Bar-controlled commission - The state Bar Association is responsible for appointing a majority of the members of the nominating commission.
• Hybrid - There is no majority of members chosen by either the governor or the state Bar Association. The membership of these commissions is determined by different rules in each state.

Twenty-two courts in 22 states used assisted appointment to select state supreme court justices as of June 2021.^[4][5] North Dakota used a hybrid commission. The table below shows the number of courts using each variation of assisted appointment at the state supreme court level.

The map below highlights the states that use each of the three types of assisted appointment.

About judicial selection[edit]

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

• Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
• Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
• Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
• Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

• Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.^[3] At the state supreme court level, this method is further divided into the following three types:
  • Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
  • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
  • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

• Court appointment: Judges are selected by judges in the state judiciary.
• Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
• Legislative election: Judges are selected by the state legislature.
• Municipal government selection: Judges are selected by the governing body of their municipality.

See also[edit]

State courts	Appointment methods	Election methods
State supreme courts Intermediate appellate courts Trial courts	Assisted appointment Court appointment Gubernatorial appointment Legislative election Municipal government selection	Partisan election Nonpartisan election Michigan method

External links[edit]

• State Bar Association of North Dakota

Footnotes[edit]