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Judicial selection in North Dakota
| Judicial selection in North Dakota | |
 | |
| North Dakota Supreme Court | |
| Method: | Nonpartisan election |
| Term: | 10 years |
| North Dakota Court of Appeals | |
| Method: | Court appointment |
| Term: | Up to 1 year |
| North Dakota District Courts | |
| Method: | Nonpartisan election |
| Term: | 6 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in North Dakota, including:
- North Dakota Supreme Court,
- North Dakota Court of Appeals,
- North Dakota District Courts, and
- Limited jurisdiction courts
As of April 2025, judges for all courts in the state of North Dakota, except the North Dakota Court of Appeals, were selected through nonpartisan elections.[1] The court of appeals had no permanent judges; the judges were named to the court by the supreme court. Judges' terms began on January 1 following their election.[2]
Click here to notify us of changes to judicial selection methods in this state.
North Dakota Supreme Court
- See also: North Dakota Supreme Court
The five justices of the North Dakota Supreme Court are chosen in nonpartisan elections. Judicial candidates compete in a primary election, and the top two candidates advance to the general election in November.[3] If a justice retires or dies in office, the governor may appoint a justice to the court for two years, when the appointed justice must then run in a nonpartisan election.[4]
Once elected, judges serve 10-year terms. At the expiration of a judge's term, he or she must run for re-election to remain on the court.[3]
Qualifications
To serve on this court, a judge must be:
- a U.S. and state citizen and
- a licensed attorney.[3]
Chief justice
The court's chief justice is chosen by a vote of the supreme and district court judges to serve a five-year term.[3]
Vacancies
In the event of a midterm vacancy, the governor appoints a replacement with help from a judicial nominating commission. Alternatively, the governor may call a special election to fill the vacancy. Appointed judges are to serve for at least two years, after which they must run in the general election to finish the remainder of the unexpired term.[5] If a justice retires or dies in office, the governor may appoint a justice to the court for two years, when the appointed justice must then run in a nonpartisan election.[6] The map below highlights how vacancies are filled in state supreme courts across the country.
North Dakota Court of Appeals
- See also: North Dakota Court of Appeals
Judges of the North Dakota Court of Appeals are chosen by the supreme court judges to hear cases specifically assigned to them. The court is composed of three judges chosen from among active and retired district judges, retired supreme court justices, and attorneys. The term of a court of appeals judge is one year.[1][7]
Qualifications
To serve as a judge in North Dakota, one must:
- be a U.S. and state citizen and
- be a licensed attorney.[8]
North Dakota District Courts
- See also: North Dakota District Courts
The judges of the North Dakota District Courts are selected in nonpartisan elections. Judges serve six-year terms, after which they must run for re-election if they wish to remain on the court.[1]
Qualifications
To serve on this court, a judge must be:
- a U.S. and state citizen and
- a licensed attorney.[1]
Presiding judge
The presiding judge is chosen by a vote of the judges in each district and serves in that capacity for three years.[1]
Vacancies
In the event of a midterm vacancy, the governor appoints a replacement with help from a judicial nominating commission. Alternatively, the governor may call a special election to fill the vacancy. Appointed judges are to serve for at least two years, after which they must run in the general election to finish the remainder of the unexpired term.[9] If a judge retires or dies in office, the governor may appoint a judge to the court for two years, when the appointed judge must then run in a nonpartisan election.[1]
Limited jurisdiction courts
North Dakota Municipal Courts
- See also: North Dakota Municipal Courts
Judges of the North Dakota Municipal Courts are chosen in nonpartisan elections. Once elected, judges serve four-year terms.[7] Like other judges, they must run for re-election at the end of their term if they wish to remain on the court.[10]
Qualifications
In cities populated by 5,000 or more people, judges must be a qualified elector of their municipality and a licensed attorney. In cities populated by fewer than 5,000 people, judges are not required to be city residents or licensed attorneys. The city has the option of requiring a judge to be a licensed attorney.[10]
History
Below is a timeline noting changes to judicial selection methods in North Dakota.
- 1998: Appointed interim judges must now serve at least two years before standing for election. Before this amendment, appointees served only until the next general election.
- 1987: The North Dakota Court of Appeals was established on an "experimental basis" by the North Dakota Legislature. Its operation was extended in 1993, 1995, and 2000.
- 1976: A judicial nominating committee was established to assist in filling interim vacancies. The commission itself was not created until 1982.
- 1967: Established that the chief justice of the supreme court, while previously chosen by rotation, was now to be elected by the state's judges.
- 1930: The term lengths of supreme and district court judges were lengthened. Supreme court justices were to serve for ten years instead of six, while district court judges were to serve for six years instead of four.
- 1909: The North Dakota Legislature passed the Nonpartisan Judiciary Law, prohibiting references to party affiliation in judicial nominating petitions and calling for a separate, nonpartisan ballot for judicial candidates.
- 1889: Established that supreme court judges were to be elected by popular vote to six-year terms and district court judges to four-year terms.[11]
Courts in North Dakota
In North Dakota there is one federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through North Dakota's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[12]
In other states
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.[13] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing 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
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 National Center for State Courts, "Methods of Judicial Selection: North Dakota," accessed August 16, 2021
- ↑ North Dakota Secretary of State, "Qualifications and Terms of Office for all Elected Positions in North Dakota," accessed August 16, 2021
- ↑ 3.0 3.1 3.2 3.3 National Center for State Courts, "Methods of Judicial Selection: North Dakota," accessed August 16, 2021
- ↑ State of North Dakota, "Supreme Court," accessed September 8, 2022
- ↑ National Center for State Courts, "Methods of Judicial Selection: North Dakota," accessed August 16, 2021
- ↑ State of North Dakota, "Supreme Court," accessed September 8, 2022
- ↑ 7.0 7.1 The North Dakota Judicial System, "The Structure of the Judicial System," accessed August 20, 2014
- ↑ National Center for State Courts, "Methods of Judicial Selection: North Dakota," accessed October 20, 2015
- ↑ National Center for State Courts, "Methods of Judicial Selection: North Dakota," accessed August 16, 2021
- ↑ 10.0 10.1 National Center for State Courts, "Methods of Judicial Selection: North Dakota," accessed August 16, 2021
- ↑ National Center for State Courts, "History of Reform Efforts: North Dakota," accessed August 17, 2021
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Eighth Circuit Court of Appeals • U.S. District Court: District of North Dakota • U.S. Bankruptcy Court: District of North Dakota
State courts:
North Dakota Supreme Court • North Dakota Court of Appeals • North Dakota District Courts • North Dakota Municipal Courts
State resources:
Courts in North Dakota • North Dakota judicial elections • Judicial selection in North Dakota
