Judicial selection in North Dakota

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Judicial selection in North Dakota
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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:

As of April 2023, 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

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.[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.

See also

State courts Appointment methods Election methods
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State supreme courts
Intermediate appellate courts
Trial courts
Assisted appointment
Court appointment
Gubernatorial appointment
Legislative election
Municipal government selection
Partisan election
Nonpartisan election
Michigan method


External links

Footnotes