IN RE: the VACANCY IN JUDGESHIP NO. 6 (2026)

[¶1] On April 6, 2026, the Governor notified this Court of the resignation of the Honorable Barbara L. Whelan as Judge of the District Court in the Northeast Judicial District, effective April 30, 2026. Judge Whelan's resignation 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 April 10, 2026, on the website of the Supreme Court regarding the vacancy created by Judge Whelan's resignation of Judgeship No. 6. Written comments on the vacancy were permitted through May 8, 2026. This procedure is sufficient for purposes of the consultation required under N.D.C.C. § 27-05-02.1.

[¶4] Comments were received in favor of retaining this judgeship in its current location from Judge Whelan, an attorney, county commissioners, and a local bar association. One comment to relocate this vacancy was received from a citizen, and one comment to not fill or delay filling the vacancy was received from a citizen. A report containing population and caseload trends, and other criteria identified in Sup. Ct. Admin. R. 7.2, Section 4, was filed May 4, 2026, by the Northeast Judicial District. The State Court Administrator filed weighted caseload statistics for calendar years 2025 and 2026 for the Northeast Judicial District and statewide, with the 2026 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. 6 is responsible for all caseload in Walsh county, is primarily assigned to cases in which the assigned judge recuses or is disqualified in Cavalier and Pembina Counties, and may be assigned to any case within the district in which a recusal or demand is filed.

[¶6] The population of the Northeast district decreased one-half percent from 2023 to 2025. Total case filings for the district are projected to decrease 15 percent in 2025/2026 as compared to 2024/2025, primarily as a result of decreased misdemeanor and administrative traffic cases. According to the district's report, case filings excluding administrative traffic have increased 21% from 2022 to 2025. Those cases have a greater impact on judicial workload. The weighted caseload report shows that the two-year average need for judicial officers in the Northeast Judicial District decreased from 4.83 in 2024/2025 to 4.50 in 2025/2026. The report reflects a district overage of 1.50 judicial officers based on the 2025/2026 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.

[¶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. 6 at Grafton in the Northeast Judicial District be filled in the manner provided by N.D.C.C. ch. 27-25.

Per Curiam.

[¶10] Lisa Fair McEvers, C.J. Jerod E. Tufte Jon J. Jensen Douglas A. Bahr Mark A. Friese