IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2023 ND 83
In the Matter of the Vacancy in Judgeship No. 3, with Chambers in Williston,
Northwest Judicial District
No. 20230068
Per curiam.
[¶1] On March 7, 2023, Governor Doug Burgum notified the Supreme Court
of the retirement of the Honorable Paul W. Jacobson, Judge of the District
Court, with chambers in Williston, Northwest Judicial District, effective May
31, 2023. Judge Jacobson’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 Northwest Judicial
District was posted March 8, 2023, on the website of the Supreme Court
regarding the vacancy created by Judge Jacobson’s retirement in Judgeship
No. 3. Written comments on the vacancy were permitted through April 10,
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] Comments regarding filling the vacancy were received, and a report
containing population and caseload trends, and other criteria identified in N.D.
Sup. Ct. Admin. R. 7.2, Section 4, was filed April 5, 2023, by the Northwest
Judicial District. The State Court Administrator provided weighted caseload
statistics through March 31, 2023, annualized to project the total for calendar
year 2023 for the Northwest Judicial District and statewide.
[¶5] The Northwest Judicial District is comprised of Divide, McKenzie, and
Williams Counties, which has been the heart of the oil and gas activity for
years. The population of the three counties increased 114% from 2010 to 2023.
[¶6] According to the District’s report, the four District judges chambered in
Williston are responsible for the cases originating in Williams County, and the
two District judges chambered in Watford City are responsible for the cases
originating in McKenzie County. All six of the judges of the District are
responsible for an equal share of the cases originating in Divide County.
[¶7] The District criminal filings increased to 3,254 from 2,948 from 2021 to
2022. Civil filings were slightly down for the same time period. In 2022, the
District handled the highest percentage of probate cases statewide. These tend
to be contested probate cases which are more labor intensive, due to the
extensive mineral rights issues involved. The District notes a continued
increase in juvenile dependency cases which are more time intensive and
required additional resources. A juvenile drug court was established in
Williston in June 2020.
[¶8] According to the weighted caseload study, based on the case filings and
the availability of six District judges, the Northwest Judicial District shows an
overage in judicial officer need. The overage decreased from 0.78 in 2021-2022
to 0.58 in 2022-2023. Vacating or moving this judgeship would create a
shortage in the District and make it difficult to provide effective judicial
services to residents. The overage in the need for judicial officers is not
significant enough to transfer or abolish this judgeship.
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[¶9] Based on the record before us, this Court determines the District judge
is necessary for effective judicial administration in Williston and the
Northwest Judicial District.
[¶10] IT IS HEREBY ORDERED, that Judgeship No. 3 at Williston in the
Northwest 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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