North Dakota Supreme Court

North Dakota Supreme Court
Court Information
Justices: 5
Founded: 1889
Location: Bismarck, North Dakota
Salary
Associates: $186,484
Judicial Selection
Method: Nonpartisan election
Term: 10 years
Active justices
Douglas Bahr, Daniel Crothers, Jon Jay Jensen, Lisa Fair McEvers, Jerod Tufte

Founded in 1889, the North Dakota Supreme Court is the state's court of last resort and has five judgeships. The current chief of the court is Jon Jay Jensen. In 2018, the court decided 461 cases.

As of January 2023, four judges were appointed by Republican governors, and one judge was elected in nonpartisan elections.

The North Dakota Supreme Court meets in Bismarck, North Dakota.

In North Dakota, state supreme court justices are elected in nonpartisan elections. There are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.

Jurisdiction

The North Dakota Supreme Court has appellate jurisdiction and administrative authority over the state's lower courts.

The court has original jurisdiction in certain habeas corpus cases and in the decisions of the secretary of state, through a petition process. The court can issue an original or remedial writ as necessary. The supreme court has the authority to form a three-judge panel, known as a court of appeals, to hear cases that the supreme court assigns to it, as the need arises.

Administratively, the court is responsible for ensuring effective operation of all courts in the state, maintaining judicial conduct, supervising the legal profession, and creating rules for transaction of judicial business.

The following text from Article VI, Sections 2 and 3 of the North Dakota Constitution covers the organization and jurisdiction of the court:

“	Section 2 The supreme court shall be the highest court of the state. It shall have appellate jurisdiction, and shall also have original jurisdiction with authority to issue, hear, and determine such original and remedial writs as may be necessary to properly exercise its jurisdiction. The supreme court shall consist of five justices, one of whom shall be designated chief justice in the manner provided by law. Section 3 The supreme court shall have authority to promulgate rules of procedure, including appellate procedure, to be followed by all the courts of this state; and, unless otherwise provided by law, to promulgate rules and regulations for the admission to practice, conduct, disciplining, and disbarment of attorneys at law. The chief justice shall be the administrative head of the unified judicial system. He may assign judges, including retired judges, for temporary duty in any court or district under such rules and regulations as may be promulgated by the supreme court. The chief justice shall appoint a court administrator for the unified judicial system. Unless otherwise provided by law, the powers, duties, qualifications, and terms of office of the court administrator, and other court officials, shall be as provided by rules of the court.	”
—North Dakota Constitution, Article VI, Sections 2 and 3

Justices

The table below lists the current justices of the North Dakota Supreme Court, their political party, when they assumed office, and the appointing governor.

Office	Name	Party	Date assumed office	Appointed by
North Dakota Supreme Court	Douglas Bahr	Nonpartisan	February 1, 2023	Doug Burgum (R)
North Dakota Supreme Court	Daniel Crothers	Nonpartisan	2005	John Hoeven (R)
North Dakota Supreme Court	Jon Jay Jensen	Nonpartisan	2017	Doug Burgum (R)
North Dakota Supreme Court	Lisa Fair McEvers	Nonpartisan	January 1, 2014	Jack Dalrymple (R)
North Dakota Supreme Court	Jerod Tufte	Nonpartisan	January 1, 2017	Elected

Judicial selection

See also: Judicial selection in North Dakota

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. 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.

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.

Qualifications

To serve on this court, a judge must be:

• a U.S. and state citizen and
• a licensed attorney.

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.

Vacancies

See also: How vacancies are filled in state supreme courts

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. 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. The map below highlights how vacancies are filled in state supreme courts across the country.

Elections

See also: North Dakota Supreme Court elections

2022

See also: North Dakota Supreme Court elections, 2022

General election

General election for North Dakota Supreme Court

Incumbent Daniel Crothers won election in the general election for North Dakota Supreme Court on November 8, 2022.

		Candidate	%	Votes
✔		Daniel Crothers (Nonpartisan)	99.0	187,946
		Other/Write-in votes	1.0	1,843

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	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 189,789
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Nonpartisan primary election

Nonpartisan primary for North Dakota Supreme Court

Incumbent Daniel Crothers advanced from the primary for North Dakota Supreme Court on June 14, 2022.

		Candidate	%	Votes
✔		Daniel Crothers (Nonpartisan)	99.6	83,949
		Other/Write-in votes	0.4	324

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	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 84,273
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
Do you want a spreadsheet of this type of data? Contact our sales team.

2020

See also: North Dakota Supreme Court elections, 2020

General election

General election for North Dakota Supreme Court

Incumbent Jon Jay Jensen won election in the general election for North Dakota Supreme Court on November 3, 2020.

		Candidate	%	Votes
✔		Jon Jay Jensen (Nonpartisan)	99.1	290,346
		Other/Write-in votes	0.9	2,703

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	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 293,049
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
Do you want a spreadsheet of this type of data? Contact our sales team.

Nonpartisan primary election

Nonpartisan primary for North Dakota Supreme Court

Incumbent Jon Jay Jensen advanced from the primary for North Dakota Supreme Court on June 9, 2020.

		Candidate	%	Votes
✔		Jon Jay Jensen (Nonpartisan)	99.6	128,347
		Other/Write-in votes	0.4	570

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 128,917
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
Do you want a spreadsheet of this type of data? Contact our sales team.

2018

See also: North Dakota Supreme Court elections, 2018

Candidates and results

McEvers' seat

General election candidates

• Lisa Fair McEvers  (Incumbent) (Nonpartisan) ✔
• Robert V. Bolinske  (Nonpartisan)

Primary election

• Lisa Fair McEvers (Incumbent) (Nonpartisan)a
  
• Robert V. Bolinske Sr. (Nonpartisan)a

2016

General election candidates

Dale Sandstrom's seat

• Dale Sandstrom did not run for re-election in 2016.

■ Jerod Tufte
■ Robert V. Bolinske Sr.

Lisa McEvers' seat

■ Lisa Fair McEvers (Incumbent/Unopposed)

Election results

November 8 general election

Jerod Tufte defeated Robert V. Bolinske Sr. in the general election for Dale Sandstrom's seat on the North Dakota Supreme Court.

North Dakota Supreme Court 2016, Sandstrom's Seat, 2016
Candidate	Vote %	Votes
Jerod Tufte	60.69%	166,229
Robert V. Bolinske Sr.	38.63%	105,805
Write-in votes	0.68%	1,851
Total Votes (432 of 432 precincts reporting: 100%)		273,885
Source: North Dakota Secretary of State Official Results

Incumbent Lisa Fair McEvers ran unopposed in the general election for Lisa McEvers' seat on the North Dakota Supreme Court.

North Dakota Supreme Court 2016, McEvers' Seat, 2016
Candidate	Vote %	Votes
Lisa Fair McEvers Incumbent (unopposed)	98.98%	261,255
Write-in votes	1.02%	2,700
Total Votes (433 of 432 precincts reporting: 100%)		263,955
Source: North Dakota Secretary of State Official Results

June 14 primary

Because no race had more than two candidates, and the top two finishers advance through the primary to the general election, all three candidates for the two seats advanced through the June 14 primary to the November 8 general election.

North Dakota Supreme Court Primary, Dale Sandstrom's Seat, 2016
Candidate	Vote %	Votes
Jerod Tufte	55.03%	54,107
Robert V. Bolinske Sr.	44.65%	43,899
Write-in votes	0.32%	311
Total Votes		98,317
Source: North Dakota Secretary of State

North Dakota Supreme Court Primary, Lisa McEvers' Seat, 2016
Candidate	Vote %	Votes
Lisa Fair McEvers Incumbent (unopposed)	99.67%	98,203
Write-in votes	0.33%	330
Total Votes		98,533
Source: North Dakota Secretary of State

2014

Unopposed	Judge Gerald VandeWalle (VandeWalle seat)

• Election history, 2008-2012 (click to expand)

  2012

  See also: 2012 State Supreme Court Elections

  Candidate	Incumbency	Office	Primary Vote	Election Vote
  CrothersDaniel Crothers   A	Yes			99.15%   A

  2010

  See also: 2010 State Supreme Court elections

  Carol Ronning Kapsner stood for retention and was retained.

  2008

  See also: State Supreme Court elections, 2008

  Mary Muehlen Maring and Daniel Crothers ran uncontested and were elected.

Appointments

2023

See also: North Dakota Supreme Court justice vacancy (January 2023)

North Dakota Governor Doug Burgum (R) appointed Douglas Bahr to the North Dakota Supreme Court effective February 1, 2023. Bahr succeeded Gerald VandeWalle, who retired on January 31, 2023. Bahr was Gov. Burgum's second nominee to the five-member supreme court.

At the time of the vacancy under North Dakota law, the governor appointed a replacement with help from a judicial nominating commission. Alternatively, the governor could call a special election to fill the vacancy. Appointed judges served for at least two years, after which they needed to run for election to finish the remainder of the unexpired term.

Caseloads

The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.

North Dakota Supreme Court caseload data
Year	Filings	Dispositions
2023	374	371
2022	346	380
2021	337	346
2020	329	373
2019	388	423
2018	439	461
2017	438	452
2016	424	370
2015	356	440
2014	459	390
2013	400	387
2012	442	477
2011	364	362
2010	402	399
2009	367	359
2008	342	366

Analysis

Ballotpedia Courts: Determiners and Dissenters (2021)

See also: Ballotpedia Courts: Determiners and Dissenters

In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.

The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:

• We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
• We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
• We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
• We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.

Summary of cases decided in 2020

• Number of justices: 5
• Number of cases: 269
• Percentage of cases with a unanimous ruling: 94.4% (254)
• Justice most often writing the majority opinion: Justice Crothers (47)
• Per curiam decisions: 67
• Concurring opinions: 16
• Justice with most concurring opinions: Justice McEvers (8)
• Dissenting opinions: 16
• Justice with most dissenting opinions: Justice McEvers (8)

For the study's full set of findings in North Dakota, click here.

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship

Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:

• Strong Democrat
• Mild Democrat
• Indeterminate
• Mild Republican
• Strong Republican

We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.

North Dakota had a Court Balance Score of 6.6, indicating Republican control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.

Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of North Dakota was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, North Dakota received a score of 1.00. Based on the justices selected, North Dakota was the 2nd most conservative court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.

Noteworthy cases

For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.

North Dakota Top-Four Ranked-Choice Voting, Redistricting, and Election Process Changes Initiative (2020)

See also: Brighter Future Alliance v. Secretary of State Al Jaeger

The North Dakota Top-Four Ranked-Choice Voting, Redistricting, and Election Process Changes Initiative would have established top-four open primaries and ranked-choice voting for all statewide, legislative, and congressional races. Brighter Future Alliance, which opposed the initiative, filed a lawsuit in the state supreme court on August 12, 2020, seeking to block the measure from the ballot by ordering Secretary Al Jaeger (I) to declare all signatures for the measure invalid. Brighter Future Alliance argued that the measure's sponsors failed to meet the initiative petition requirements under the state constitution and state law because the petitions did not include the full text of the measure and the ballot title did not accurately describe the measure. Under Section 2 of Article III of the state constitution, petitions that are being circulated must include the full text of the proposed measure. Under state law, the petition title must be a "short and concise statement that fairly represents the measure." In North Dakota, the petition titles are drafted by the secretary of state and approved by the attorney general.

On August 25, 2020, the North Dakota Supreme Court ruled that the measure had to be blocked from appearing on the ballot because the text of the constitutional amendment referenced statutory law and "embedding a statute into the Constitution, which by definition is a law inferior to the Constitution and subject to change by normal legislative procedure, would threaten the sanctity of our fundamental law." The court did not address the claims related to the petition title's sufficiency.

Ethics

The North Dakota Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in North Dakota. It consists of four overarching canons:

“

Canon 1: A Judge Shall Uphold and Promote the Independence, Integrity, and Impartiality of the Judiciary, and Shall Avoid Impropriety and the Appearance of Impropriety Canon 2: A Judge Shall Perform the Duties of Judicial Office Impartially, Competently, and Diligently Canon 3: A Judge Shall Conduct the Judge's Personal and Extrajudicial Activities to Minimize the Risk of Conflict with the Duties of Judicial Office Canon 4: A Judge or Candidate for Judicial Office Shall Not Engage in Political or Campaign Activity That is Inconsistent with the Independence, Integrity, or Impartiality of the Judiciary.

”

The full text of the North Dakota Code of Judicial Conduct can be found here.

Removal of judges

Judges in North Dakota may be removed in one of three ways:

• Recall election
• Retirement or removal by the Supreme Court, upon recommendation from the Judicial Conduct Commission
• Removal after a majority vote for impeachment in the House of Representatives and a two-thirds vote for conviction by the Senate.

History of the court

North Dakota state capitol in Bismarck, which houses the North Dakota Supreme Court

The United States acquired most of the area of North Dakota from France as a part of the Louisiana Purchase in 1803. The Dakota territory was organized on March 2, 1861 and included all of present-day North and South Dakota, as well as parts of Montana, Wyoming, and Nebraska. It had 4,800 residents. The supreme court of the Dakota territory was established in 1861. This court remained in existence until North Dakota became a state in 1889. The territorial supreme court had a chief justice and two associate justices until 1879, when an additional associate justice was added. Justices were added twice more, so that by 1888, there were eight justices on the court. The justices were appointed by the U.S. president to serve four-year terms. Supreme court justices also rode circuit in the territory and acted as district court judges, thereby hearing appeals from cases they previously decided. Lower courts in the territory include probate courts and justices of the peace.

An "omnibus bill" to divide the Dakotas was approved in 1889, and the North Dakota Constitution was approved that same year. It is still in effect today. The constitution provided for a supreme court with three justices, elected by voters in the state, for six-year terms. It also established district courts.

Several constitutional amendments have changed aspects of the court over time. In 1908, the North Dakota Supreme Court Judge Increase Referendum (1908) increased the size of the court from three to five justices, where it remains today. In 1930, the North Dakota Supreme Court Judges Term Limits Referendum (1930) lengthened judicial terms from six to ten years. There are currently seven judicial districts under the authority of the supreme court.

A multifaceted constitutional amendment called North Dakota Judiciary Article Referendum, Amendment 3 (1976), approved in 1976 established a unified judicial system in the state. It defined the relationships between the supreme court, district courts, county courts, and municipal courts, providing that the supreme court is the highest court in the state. It authorized the supreme court to create rules and procedures to be followed by all courts in the state. It authorized the supreme court to create rules for admission and discipline of attorneys and made the supreme court chief justice the administrative head of the unified court system. The amendment also authorized the North Dakota Judicial Nominating Committee, which was established in 1981, and is an independent state commission to assist in the appointment of justices.

Courts in North Dakota

See also: 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.

• Federal courts
• State supreme court
• State court of appeals
• Trial courts

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.

The structure of North Dakota's state court system.

Party control of North Dakota state government

A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.

North Dakota has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.

North Dakota Party Control: 1992-2024
No Democratic trifectas  •  Thirty-one years of Republican trifectas
Scroll left and right on the table below to view more years.

Year	92	93	94	95	96	97	98	99	00	01	02	03	04	05	06	07	08	09	10	11	12	13	14	15	16	17	18	19	20	21	22	23	24	25
Governor	D	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R
Senate	D	D	D	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R
House	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R

See also

North Dakota	Judicial Selection	More Courts
Courts in North Dakota North Dakota Court of Appeals North Dakota Supreme Court	Elections: 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in North Dakota	Federal courts State courts Local courts

External links

• North Dakota Supreme Court Official Site

Footnotes

North Dakota courts

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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