Search Results
| Case name | Citation | Summary |
| [North Dakota] Matter of J.G. | 2011/04/12 | Docket No: 20100366 2011 ND 73In the Matter of J.G. Brian D. Grosinger, Morton County Assistant State's Attorney, Plaintiff and Appelleev. J.G., Defendant and AppellantNo. 20100366Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.AFFIRMED.Per Curiam.Brian David Grosinger, Assistant State's Attorney, 210 2nd Avenue Northwest, Mandan, N.D. 58554, for plaintiff and appellee; submitted on brief.Kent M. Morrow, P.O. Box 2155, Bismarck, N.D. 58502-2155, for defendant and appellant; submitted on brief. |
| [North Dakota] Matter of J.D.F. | 2010/08/20 | Docket No: 20100051 2010 ND 160Matter of J.D.F., a minor childD.D.F. and C.A.F., Petitioners and Appellantsv. North Dakota Department of Human Services, RespondentandG.V.D., Respondent and AppelleeNo. 20100051Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail H. Hagerty, Judge.AFFIRMED.Opinion of the Court by VandeWalle, Chief Justice.Jaclyn Marie Stebbins (argued), and David R. Bliss (appeared), P.O. Box 4126, Bismarck, N.D. 58502, for petitioners and appellants.Bradley D. Peterson, P.O. Box 2419, Bismarck, N.D. 58502-2419, for respondent and appellee G.V.D.Patricia E. Garrity, P.O. Box 100, Mandan, N.D. 58554-0100, guardian ad litem. |
| [North Dakota] Matter of Iglehart | 1984/05/08 | Docket No: 10675 In the Matter of Margaret D. IglehartJames P. Iglehart, Petitioner and Appelleev.Margaret D. Iglehart, Respondent and AppellantCivil No. 10675Appeal from the McLean County Court, the Honorable O. A. Schulz, Judge.AFFIRMED.Opinion of the Court by Sand, Justice.Merle Torkelson, State's Attorney, Washburn, for and appellee.Carl Martin, Tuntland Law Office, Garrison, for respondent and appellant. |
| [North Dakota] Matter of Hicks | 2009/09/16 | Docket No: 20090058 2009 ND 159In the Matter of Jay Chandler HicksLadd R. Erickson, State's Attorney, Plaintiff and Appelleev.Jay Chandler Hicks, Defendant and AppellantNo. 20090058Appeal from the District Court of McLean County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.AFFIRMED.Per Curiam.Ladd R. Erickson, State's Attorney, P.O. Box 1108, Washburn, N.D. 58577-1108, for plaintiff and appellee.Kent M. Morrow, P.O. Box 2155, Bismarck, N.D. 58502-2155, for defendant and appellant. |
| [North Dakota] Matter of Hehn | 2008/02/21 | Docket No: 20070167 2008 ND 36In the Matter of Darl John HehnA.W. Stokes, Richland County State's Attorney, Petitioner and Appelleev.Darl John Hehn, Respondent and AppellantNo. 20070167Appeal from the District Court of Richland County, Southeast Judicial District, the Honorable John T. Paulson, Judge.AFFIRMED.Opinion of the Court by Kapsner, Justice.A. W. Stokes, State's Attorney, 702 2nd Ave. N., P.O. Box 1266, Wahpeton, ND 58074-1266, for petitioner and appellee; submitted on brief.Thomas E. Merrick (argued), Merrick & Schaar Law Firm, 200 Jamestown Mall, 200 3rd St. NE, P.O. Box 1900, Jamestown, ND 58402-1900, for respondent and appellant. |
| [North Dakota] Matter of Hanson | 2008/11/19 | Docket No: 20080098 2008 ND 198In the Matter of LeRoy John HansonKelly A. Dillon, Assistant State's Attorney for Ward County, North Dakota, Petitioner and Appelleev.Leroy John Hanson, Respondent and AppellantNo. 20080098Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable William W. McLees, Judge.REVERSED AND REMANDED.Per Curiam.Kelly A. Dillon, Assistant State's Attorney, P.O Box 5005, Minot, N.D. 58702-5005, for petitioner and appellee; on brief.Ryan D. Sandberg, P.O. Box 1000, Minot, N.D. 58702-1000, for respondent and appellant; on brief. |
| [North Dakota] Matter of Hanenberg | 2010/01/12 | Docket No: 20090135 2010 ND 8In the Matter of James K. HanenbergCass County State's Attorney, Plaintiff and Appelleev.James K. Hanenberg, Defendant and AppellantNo. 20090135Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Douglas R. Herman, Judge.AFFIRMED.Opinion of the Court by Sandstrom, Justice.Birch P. Burdick, State's Attorney, Courthouse, P.O. Box 2806, Fargo, N.D. 58108-2806, for plaintiff and appellee.Richard E. Edinger, P.O. Box 1295, Fargo, N.D. 58107-1295, for defendant and appellant. |
| [North Dakota] Matter of Gessler | 1988/02/11 | Docket No: 870198CA In the Matter of the Conservatorship of Gertrude Gessler, IncompetentGertrude Gessler, Appellantv.Carole Miller, AppelleeCivil No. 870198CAAppeal from the County Court of Burleigh County, the Honorable Burt L. Riskedahl, Judge.AFFIRMED.Opinion of the Court by Ilvedson, Chief Judge.Richard Gilman Carver (argued), 2910 East Broadway Avenue, Bismarck, ND 58501, for appellant.Kapsner & Kapsner, P.O. Box 335, Bismarck, ND 58502, for appellee; argued by Carol Ronning Kapsner. |
| [North Dakota] Matter of G.R.H. | 2006/03/29 | Docket No: 20040287 2006 ND 56In the Matter of G.R.H.John P. Van Grinsven, III, Ward County State's Attorney, Petitioner and Appelleev.G.R.H., Respondent and AppellantNo. 20040287Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable William W. McLees, Judge.AFFIRMED.Opinion of the Court by Sandstrom, Justice.John P. Van Grinsven III, State's Attorney, P.O. Box 5005, Minot, N.D. 58702-5005, for petitioner and appellee.Eric Paul Baumann, P.O. Box 3118, Minot, N.D. 58702-3118, for respondent and appellant.Jean R. Mullen, Office of Attorney General, 500 North 9th Street, Bismarck, N.D. 58501-4509, for amicus curiae. |
| [North Dakota] Matter of Emelia Hirsch Trust | 2009/07/16 | Docket No: 20080209 2009 ND 135In the Matter of the Emelia Hirsch, June 9, 1994, Irrevocable TrustTimothy Betz, Appellantv.Emelia A. Hirsch, aka Emelia Hirsch, aka Emilia Hirsch, Carolyn Twite and Duane Hirsch, AppelleesNo. 20080209Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail H. Hagerty, Judge.AFFIRMED.Opinion of the Court by Crothers, Justice.Theresa L. Cole, American Legal Services, P.C., 521 East Main Avenue, Suite 400, Bismarck, N.D. 58501, for appellant.Sheldon A. Smith, Smith Bakke Porsborg & Schweigert, P.O. Box 460, Bismarck, N.D. 58502-0460, for appellee Emelia A. Hirsch.Richard B. Baer (appeared), Richard B. Baer, P.C., 1110 College Drive, Suite 211, Bismarck, N.D. 58501-1225, for appellees Carolyn Twite and Duane Hirsch. |
| [North Dakota] Matter of E.W.F. | 2008/06/26 | Docket No: 20080037 2008 ND 130In the Matter of E.W.F.Cass County State's Attorney, Petitioner and Appelleev.E.W.F., Respondent and AppellantNo. 20080037Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven E. McCullough, Judge.AFFIRMED.Opinion of the Court by Kapsner, Justice.Ryan J. Younggren (argued), Assistant State's Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for petitioner and appellee.Richard E. Edinger (argued), P.O. Box 1295, Fargo, ND 58107-1295, for respondent and appellant. |
| [North Dakota] Matter of Dean | 2011/12/13 | Docket No: 20110079 2011 ND 224In the Matter of Dustin Joel DeanBrian D. Grosinger, Assistant State's Attorney, Petitioner and Appelleev. Dustin Joel Dean, Respondent and AppellantNo. 20110079Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.AFFIRMED.Per Curiam.Brian D. Grosinger, Assistant State's Attorney, 210 2nd Ave. NW, Mandan, N.D. 58554, for petitioner and appellee.Kent M. Morrow, P.O. Box 2155, Bismarck, N.D. 58502-2155, for respondent and appellant. |
| [North Dakota] Matter of D.V.A. | 2009/04/30 | Docket No: 20080319 2009 ND 75In the Matter of D.V.A. Cynthia M. Feland, Plaintiff and Appelleev.D.V.A., Respondent and AppellantNo. 20080319Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.AFFIRMED.Opinion of the Court by Sandstrom, Justice.Cynthia M. Feland, Assistant State's Attorney, Courthouse, 514 East Thayer, Bismarck, N.D. 58501-4413, plaintiff and appellee; submitted on brief.Kent M. Morrow, 411 North Fourth Street, P.O. Box 2155, Bismarck, N.D. 58502-2155, for respondent and appellant; submitted on brief. |
| [North Dakota] Matter of Braun | 1966/10/20 | Docket No: 350 In the Matter of Jeanette Braun, a Minor Under Age of Eighteen YearsState of North Dakota, Plaintiff and Respondentv.Jeanette Braun, Defendant and AppellantCase No. 350 |
| [North Dakota] Matter of Bartole | 2012/01/12 | Docket No: 20110243 2012 ND 8In the Matter of Marcus Trevor Bartole Lloyd C. Suhr, Burleigh County Assistant State's Attorney, Petitioner and Appelleev. Marcus Trevor Bartole, Respondent and AppellantNo. 20110243Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.AFFIRMED.Per Curiam.Lloyd C. Suhr, Assistant State's Attorney, 514 E. Thayer Ave., Bismarck, ND 58501, petitioner and appellee. Submitted on brief.Gregory Ian Runge, 1983 E. Capitol Ave., Bismarck, ND 58501, for respondent and appellant. Submitted on brief. |
| [North Dakota] Matter of Barrera | 2008/02/21 | Docket No: 20070125 2008 ND 25In the Matter of David Raymond BarreraJacqueline Ann Gaddie, Grand ForksCounty Assistant State's Attorney, Petitioner and Appelleev.David Raymond Barrera, Respondent and AppellantNo. 20070125Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Sonja Clapp, Judge.AFFIRMED.Opinion of the Court by VandeWalle, Chief Justice.Dale R. Rivard, Assistant State's Attorney, P.O. Box 5607, Grand Forks, ND 58206-5607, for petitioner and appellee.Troy R. Morley, Reichert Armstrong Law Office, 218 South 3rd Street, Grand Forks, ND 58201, for respondent and appellant. |
| [North Dakota] Matter of B.E.M. | 1997/07/17 | Docket No: 970030 1997 ND 134In the Matter of B.E.M., a ChildState of North Dakota, County of Cass, ex rel. L.F.F., f/k/a L.F.M., and B.E.M., a minor child, by and through his guardian ad litem, Plaintiffs and Appelleesv.K.D.M., Defendant and AppellantCivil No. 970030Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.Opinion of the Court by VandeWalle, Chief Justice.Dean A. Rindy (argued), Duane R. Breitling (on brief), Ohnstad Twichell, 901 13th Avenue East, P.O. Box 458, West Fargo, ND 58078-0458, for plaintiffs and appellees.David A. Overboe, 1042 14th Avenue East, West Fargo, ND 58078, for defendant and appellant. |
| [North Dakota] Matter of Anderson | 2007/04/10 | Docket No: 20060088 2007 ND 50In the Matter of Jamal Joel Anderson State of North Dakota, Petitioner and Appelleev.Jamal Joel Anderson, Respondent and AppellantNo. 20060088Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable John T. Paulson, Judge.AFFIRMED.Opinion of the Court by Sandstrom, Justice.Fritz R. Fremgen, State's Attorney, 511 Second Avenue SE, Jamestown, N.D. 58401, for petitioner and appellee.Thomas E. Merrick, 200 Jamestown Mall, 200 Third Street NE, P.O. Box 1900, Jamestown, N.D. 58402-1900, for respondent and appellant.Robert P. Bennett, Assistant Attorney General, Office of Attorney General, 600 East Boulevard Avenue, Bismarck, N.D. 58505-0040, amicus curiae; submitted on brief. |
| [North Dakota] Matter of Abolition of Judgeship Under NDCC 27-05-02.1 | 1999/12/02 | Docket No: none ORDER 1999 ND 226In the Matter of the Consultations Under N.D.C.C. Section 27-05-02.1 Regarding Judgeship Nos. 6 and 7 in the Northeast Judicial District; Judgeship No. 2 in the Northeast Central Judicial District; Judgeship Nos. 6, 7, and 8 in the Northwest Judicial District; Judgeship Nos. 4 and 9 in the South Central Judicial District, and Judgeship Nos. 1, 3, and 5 in the Southwest Judicial District Nos. 990224, 990246, 990247, 990248 & 990249 [¶1] On January 1, 1991, there were 27 district court and 26 county court judgeships in the state. The 1991 North Dakota Legislative Assembly abolished the county courts and the office of county judge in all counties effective January 1, 1995, and established 53 district court judgeships. See N.D.C.C. § 27-05-00.1.[¶2] The 1991 Legislative Assembly also required the Supreme Court to reduce the number of district judges to 42 before January 2, 2001, and established the procedure to accomplish the required reduction. See N.D.C.C. § 27-05-01(2) and § 27-05-02.1.[¶3] To date, this Court has, through attrition, reduced the number of district court judgeships in the state to 43. However, we have made inquiry and we have not received notice of the impending resignation or retirement of any currently sitting district court judge. This Court, therefore, for the first time must exercise the authority conferred on it under N.D.C.C. § 27-05-02.1(2) and (3). These sections specify that if on July 1, 1999, the number of district court judges is more than 42 and no resignation or retirement is pending, this Court must, after consultation with district court judges and attorneys in the affected judicial district, abolish an office of district court judge. N.D.C.C. § 27-05-02.1(2) further requires this Court to notify the affected judicial district and district court judge holding that office, at least one year before the end of the term of office of the district court judge, that the judgeship will be abolished at the end of the term of office.[¶4] The judgeship to be abolished must be selected from those judgeships whose term expires in December 2000. N.D.C.C. § 27-05-02.1(2). The terms of office for 12 of the 43 district court judgeships will expire December 31, 2000. These judgeships are: Judgeships Nos. 6 and 7 in the Northeast Judicial District; Judgeship No. 2 in the Northeast Central Judicial District; Judgeships Nos. 6, 7, and 8 in the Northwest Judicial District; Judgeships Nos. 4 and 9 in the South Central Judicial District; Judgeship No. 8 in the Southeast Judicial District; and Judgeships Nos. 1, 3, and 5 in the Southwest Judicial District. Because this Court on April 22, 1999, determined the vacancy in Judgeship No. 9 of the Southeast Judicial District must be filled, we are not revisiting that decision and the judgeship in the Southeast Judicial District has been excluded from this consideration.[¶5] As required by N.D.C.C. § 27-05-02.1 we consulted with judges and attorneys from the Northeast Judicial District, the Northeast Central Judicial District, the Northwest Judicial District, the Southwest Judicial District, and the South Central Judicial District. As required by our order and N.D. Sup. Ct. Admin. R. 7.2, each district submitted a report addressing the criteria set forth in N.D. Sup. Ct. Admin. R. 7.2, § 4 to evaluate judicial vacancies for compliance with N.D.C.C. § 27-05-02.1. Those criteria include:1. Population;2. Caseloads and unusual case types;3. Trends in 1 and 2;4. Impact of proposed vacancy disposition on travel requirements;5. Age or possible retirement of remaining judges in the affected judicial district; and6. Availability of facilities (e.g., law enforcement, correctional, and court facilities).[¶6] This Court has reviewed the 1997 weighted caseload study, the 1998 weighted caseload study, and the statistics available under the weighted caseload study for nine months of 1999. The Court has also reviewed information provided by the Department of Health and the Office of the Attorney General regarding population trends and projections and crime statistics.[¶7] Based upon our review and recognizing our state's scarce judicial resources must be allocated in a manner to best achieve effective judicial administration, we are compelled to designate Judgeship No. 5 in the Southwest Judicial District with chambers in Bowman for abolition effective at the end of the current judicial term.[¶8] Our decision is based upon a review of caseloads and populations in each of the judicial districts and upon projections of population changes.[¶9] The weighted caseload study allocates the amount of judicial resources (including judges and judicial referees) needed to handle the cases filed in a district after weighting each type of case by the amount of time required to process an average case of that type. The study adjusts each district for travel time depending on whether that district requires high travel, moderate travel or low travel time from the judges serving the district. The study also allocates time which is not available for handling cases but which is required in each district for the presiding judge to handle administrative matters. The resulting computation is the minimum judicial resources (expressed as a "judicial FTE" which includes both judges and judicial referees) to meet the needs based upon weighted case filings.[¶10] When the minimum judicial FTE's required are compared to the judicial FTE's currently available in a district, the difference is expressed as a positive number, indicating there are more judicial resources available than current weighted case filings require, or a negative number, indicating that there are fewer judicial resources than are needed to serve that district's weighted case filings.[¶11] The weighted caseload studies show the judicial margins in all judicial districts of the state. The following reports omit juvenile dismissals because dismissals of juvenile cases have a negligible impact on judicial workload. Further, because Griggs County was transferred from the Northeast Central Judicial District to the Southeast Judicial District in 1999, the following reports for 1997 and 1998 have been adjusted to assume the filings in Griggs County were part of the Southeast Judicial District:1997 Weighted Caseload Study Without Juvenile DismissalsDISTRICTWEIGHTEDFILINGSJUDICIALFTEREQUIREDTOTALADJUSTEDJUDICIALFTEDIFFERENCEEast Central632,5429.388.88-0.50Northeast404,6046.956.88-0.07Northeast Central366,282 #5.436.88+1.45Northwest454,9107.078.88+1.81*South Central577,8638.989.36+0.38Southwest178,9172.783.88+1.10Southeast380,0506.535.88-0.65Totals2,995,16947.1150.64+3.53 *# The Northeast Central Judicial District experienced a 26% reduction in civil filings in 1997 when compared to 1996. The reduction is believed to be caused by the April 1997 flood that closed the City of Grand Forks for several months. See North Dakota Courts, Annual Report, 1997, at 10.* Judgeship No. 3, chambered in Minot, North Dakota, was terminated at the retirement on December 31, 1998 of the Honorable Wallace D. Berning.1998 Weighted Caseload Study Without Juvenile DismissalsDISTRICT WEIGHTEDFILINGSJUDICIALFTEREQUIREDTOTALADJUSTEDJUDICIALFTEDIFFERENCEEast Central666,3499.888.88-1.00Northeast383,1946.586.88+0.30Northeast Central429,2346.366.88+0.52Northwest446,7416.947.88+0.94South Central537,4038.359.36+1.01Southwest178,5692.773.88+1.11Southeast385,6796.625.88-0.74Totals3,024,73147.5149.64+2.13[¶12] In 1997 there were 44 district judges. The weighted caseload study for that year indicates the following weighted filings per existing total adjusted judicial FTE in each district:DISTRICTEXISTING TOTALADJUSTED FTEWEIGHTED FILINGSPER JUDICIAL FTEEast Central8.8871,232Northeast6.8858,809Northeast Central6.8853,239Northwest8.8851,229 *South Central9.3661,738Southwest3.8846,113Southeast5.8864,634 *Judgeship No. 3 with chambers in Minot was terminated upon the retirement on December 31, 1998 of the Honorable Wallace D. Berning.[¶13] Based upon our 1998 study, the weighted filings per existing total adjusted judicial FTE in each district was as follows: DISTRICTEXISTING TOTALADJUSTED FTEWEIGHTED FILINGSPER JUDICIAL FTEEast Central8.8875,039Northeast6.8855,697Northeast Central6.8862,388Northwest7.8856,693South Central9.3657,415Southwest3.8846,023Southeast5.8865,592[¶14] The statewide average weighted filing per adjusted judicial FTE in 1998 was 60,933. If one judgeship were eliminated so that the total adjusted judicial FTE's were 48.64, the statewide average weighted case filing per judicial FTE in 1998 would be 62,186.[¶15] Using 1998 weighted filings, a comparison of all judicial districts with one judge removed in each district, the resulting weighted filing per judicial FTE would be as follows: DISTRICTTOTAL ADJUSTEDFTE WITH ONEJUDGE REDUCEDWEIGHTEDFILINGS PERJUDICIAL FTEEast Central7.8884,562Northeast5.8865,169Northeast Central5.8872,999Northwest6.8864,933South Central8.3664,283Southwest2.8862,003Southeast4.8879,033[¶16] Only the Southwest Judicial District would remain below the statewide adjusted average of weighted filings to judicial FTE if one judgeship were reduced from that district.[¶17] The weighted caseload studies indicate the Northwest Judicial District (1997 - +1.81; 1998 - +0.94), the South Central Judicial District (1997 - +.38; 1998 - +1.01) and the Southwest Judicial District (1997 - +1.10; 1998 - +1.11) have the largest judicial margins and are most able to accept a reduction in judgeship based upon weighted case filings. When that computation is coupled with population trends, it is apparent that appropriate planning for judicial needs requires the reduction be made where the greatest reduction of population is anticipated.[¶18] To examine trends in population changes, we have reviewed projections prepared at the direction of the Department of Health.[¶19] The 1990 populations of the judicial districts were:DISTRICTPOPULATIONEast Central (3 counties)114,046Northeast (11 counties)88,171Northeast Central (2 counties)75,093Northwest (6 counties)98,355South Central (12 counties)130,965Southwest (8 counties)41,175Southeast (11 counties)90,995[¶20] The 1998 populations of the judicial districts under review were:DISTRICTSPERCENTAGES OF POPULATIONCHANGE FROM 1990 to 1998East Cental+11.9%Northeast-4.7%Northeast Central-6.0%Northwest-2.6%South Central+2.8%Southwest-5.1%Southeast-4.9%[¶22] Projections indicate the trends will continue. The projected populations of the districts and the anticipated percentages of population change from 1990 to 2015 are: DISTRICTPROJECTEDPOPULATIONSANTICIPATEDPERCENTAGESEast Central143,226+25.6%Northeast80,982-8.2%Northeast Central67,778-9.7%Northwest97,506-0.9%South Central141,020+7.7%Southwest36,515-11.3%Southeast82,040-9.8%[¶23] These statistics and projected population trends indicate the Southwest District is, and will continue to be, our least populous judicial district.[¶24] When the population-to-judge/referee ratio is compared among the districts, reduction of a judgeship in the Southwest Judicial District results in a lower population to judge/referee ratio than any other district except the Northeast Central Judicial District. |
| [North Dakota] Matter of A.M.W. | 2010/08/17 | Docket No: 20100013 2010 ND 154In the Matter of A.M.W., a Minor ChildA.M.W. and L.M.W., Petitioners and Appellantsv. North Dakota Department of Human Services, Respondent and M.L.F., Respondent and AppelleeNo. 20100013Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Robert O. Wefald, Judge.AFFIRMED.Opinion of the Court by Kapsner, Justice.Daniel James Nagle, P.O. Box 1266, Mandan, N.D. 58554-7266, for petitioners and appellants.Carey Ann Goetz, P.O. Box 1695, Bismarck, N.D. 58502-1695, for respondent and appellee. |