Vacancy in Judgeship No. 4, NEJD
Citation
2025 ND 144
Court
North Dakota Supreme Court
Decided
August 18, 2025
Jurisdiction
S
Importance
54%
Practice Areas
Case Summary
IN THE SUPREME COURT STATE OF NORTH DAKOTA 2025 ND 144 In the Matter of the Vacancy in Judgeship No. 4, with Chambers in Devils Lake, Northeast Judicial District No. 20250227 Per Curiam. [¶1] On June 25, 2025, Governor Kelly Armstrong notified the Supreme Court of the retirement of the Honorable Donovan J. Foughty, Judge of the District Court, Northeast Judicial District, effective September 30, 2025. Judge Foughty’s retirement creates a vacancy under N.D.C.C. § 27-05-02.1. [¶2] Under N.D.C.C. § 27-05-02.1, within 90 days of receiving notice of a vacancy, this Court is required to determine whether the office is necessary for effective judicial administration. This Court may, consistent with that determination, order the vacancy filled, order the vacant office transferred to another judicial district in which an additional judge is necessary, or abolish the 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 Northeast Judicial District was posted June 30, 2025, on the website of the Supreme Court regarding the vacancy created by Judge Foughty’s retirement in Judgeship No. 4. Written comments on the vacancy were permitted through July 28, 2025. This procedure is sufficient for purposes of the consultation required under N.D.C.C. § 27-05- 02.1. 1 [¶4] Comments were received in favor of retaining this judgeship in its current location from Judge Foughty, an attorney, county commissioners, and a local bar association. No comments or petitions were received to relocate this vacancy. A report containing population and caseload trends, and other criteria identified in Sup. Ct. Admin. R. 7.2, Section 4, was filed July 16, 2025, by the Northeast Judicial District. The State Court Administrator filed weighted caseload statistics for calendar years 2024 and 2025 for the Northeast Judicial District and statewide, with the 2025 data annualized to project totals. [¶5] The Northeast Judicial District is comprised of Benson, Bottineau, Cavalier, McHenry, Pembina, Pierce, Ramsey, Renville, Rolette, Towner and Walsh counties. The district has six judges, with one judge chambered in Cavalier-Langdon, one in Bottineau, Grafton, and Rugby, and two judges chambered in Devils Lake. This district does not have a judicial referee. The district has one juvenile treatment court. According to the district’s report, Judgeship No. 4 is responsible for all caseload in Benson and Ramsey counties and may be assigned to any case within the district in which a recusal or demand is filed. [¶6] The population of the counties in the Northeast district decreased one percent from 2022 to 2024. The total case filings for the district is projected to increase one percent in 2024/2025 as compared to 2023/2024. An increase in contract collection case filings is expected. Case filings are expected to slightly decrease in felony and misdemeanor cases. The weighed caseload report shows that the two-year average need for judicial officers in the Northeast Judicial District increased slightly from 4.69 in 2023/2024 to 4.92 in 2024/2025. The report reflects a district overage of 1.08 judicial officers based on the 2024/2025 two- year average. The need for judicial officers for the treatment court is 0.048 judicial officers. [¶7] Under the criteria of Section 4 of N.D. Sup. Ct. Admin. R. 7.2, this Court has considered all submissions and its own administrative records on statewide weighted caseload data. 2 [¶8] Based on the record before us, this Court determines this office is necessary for effective judicial administration in its present location. [¶9] IT IS HEREBY ORDERED, that Judgeship No. 4 at Devils Lake in the Northeast Judicial District be filled in the manner provided by N.D.C.C. ch. 27- 25. [¶10] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Douglas A. Bahr 3
Case Details
Case Details
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Status
Decided
Date Decided
August 18, 2025
Jurisdiction
S
Court Type
district
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Case Overview
Case Name: Vacancy in Judgeship No. 4, NEJD
Citation: 2025 ND 144
Court: North Dakota Supreme Court
Date: August 18, 2025
Jurisdiction: State of North Dakota
This case addresses the vacancy created by the retirement of Judge Donovan J. Foughty from the Northeast Judicial District, effective September 30, 2025. The Supreme Court of North Dakota is tasked with determining the necessity of filling this judgeship under N.D.C.C. § 27-05-02.1.
Key Legal Issues
- Determining the necessity of Judgeship No. 4 for effective judicial administration.
- Compliance with procedural requirements for public consultation regarding the vacancy.
Court's Decision
The North Dakota Supreme Court ruled that Judgeship No. 4 is necessary for effective judicial administration in its current location in Devils Lake. The court ordered that the vacancy be filled in accordance with N.D.C.C. ch. 27-25.
Legal Reasoning
The court's decision was based on several factors:
- Public Consultation: A written consultation was conducted, allowing input from attorneys, judges, and interested parties, with no opposition to retaining the judgeship in its current location.
- Judicial Needs Assessment: The Northeast Judicial District's report indicated a slight increase in the need for judicial officers, with a weighted caseload analysis showing a need for 4.92 judicial officers in 2024/2025.
- Caseload Trends: Despite a slight decrease in population, the projected increase in case filings necessitated the retention of Judgeship No. 4 to manage caseloads effectively.
Key Holdings
- The Supreme Court determined that Judgeship No. 4 is essential for the Northeast Judicial District's effective judicial administration.
- The court found no compelling reason to relocate the judgeship, as all feedback supported its retention in Devils Lake.
Precedents and Citations
- N.D.C.C. § 27-05-02.1: Governs the process for determining the necessity of judicial offices.
- N.D. Sup. Ct. Admin. R. 7.2: Outlines procedural requirements for consultation regarding judicial vacancies.
Practical Implications
- Judicial Efficiency: The decision underscores the importance of maintaining adequate judicial resources in response to evolving caseloads, ensuring timely access to justice for residents of the Northeast Judicial District.
- Future Appointments: This ruling sets a precedent for future judicial vacancies, emphasizing the need for thorough assessments of judicial necessity and community input.
- Local Legal Community: The ruling reflects the engagement of local legal professionals and stakeholders in the judicial appointment process, fostering a collaborative approach to judicial administration.
In summary, the North Dakota Supreme Court's ruling on Judgeship No. 4 highlights the balance between judicial resource management and community needs, ensuring that the judicial system remains responsive and effective in serving the public interest.
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Status
Decided
Date Decided
August 18, 2025
Jurisdiction
S
Court Type
district
Legal Significance
Case importance metrics
Metadata
Additional information
Quick Actions
Case management tools