Chief Justice says state's court system is 'under water'

Last year, the North Dakota court system cut 55.5 positions across the state as a result of across-the-board budget cuts. Court staffs that could have been considered lean even before the cuts are feeling the pressure, according to court officials.

Rod Olson, a state courts system administrator, said that with only one staff member on duty, people seeking services in his districts find an empty desk “on a regular basis.” His unit oversees courts in the East Central and Southeast judicial districts, covering 17 counties.

“We don’t like the fact that some people might drive two or three hours and find that the office is closed,” Olson said.

He said his skeletal staff’s concerns are two-pronged: efficiency and accuracy. “If we make a mistake, it can cost people their loss of liberty,” he said.

On the opening day of the legislature Jan. 3, Chief Justice Gerald VandeWalle implored legislators to bolster the judiciary staffing. “It would not be honest of me, nor would I be doing my job as the head of the court system, if I stood here today and said that is all is well with the court system,” VandeWalle said in his State of the Judiciary address.

VandeWalle likened the court’s historically slim staffing to an “individual who wades into deep water and stands on his tiptoes to keep from drowning. Everything is fine until a wave comes along and suddenly the individual finds himself underwater. The court system is now underwater.”

The chief justice asked the legislature to add six staff positions and create one new judgeship for the judicial hub in Bismarck and Mandan. Two of the requested staff positions would be in Minot and the Northwest Judicial District. There, court administrator Carolyn Probst said cuts have affected “every aspect” of the courts’ daily operations.

Six judges and five court reporters now serve Minot. Because court cannot proceed without a reporter, Probst said this has caused delays and even led to the necessity of bringing in employees from other departments, creating a domino effect of furloughed work.

Joel Medd, a veteran state district judge who acts as a surrogate judge in retirement, said he trusted VandeWalle’s assessment. The chief justice is “a very conservative fellow,” Medd said. “When somebody of that nature says ‘We need more resources,’ he isn’t somebody who’s just out there to spend, spend, spend. He really means it.”

In his State of the Judiciary message, VandeWalle also emphasized North Dakota’s courts’ innovation, and Medd seconded that, pointing to a trend over the past 20 years toward criminal justice reform, attempting to slow down the state’s ballooning prison population.

“Courts tend to be the dumping grounds of society,” Medd said, citing examples of mentally ill individuals picked up by police for strange public behavior and becoming stuck in a cycle of court and prison.

One way to combat such situations, Medd said, is with the creation of specialized courts, such as drug and domestic violence courts. In his time as a judge, he said, he has seen these courts have great success in their mission, but they do take more human resources.

It is unclear whether legislators will find room in their budgets for VandeWalle’s request, but Senate Appropriations Committee Chairman Ray Holmberg, R-Grand Forks, said the legislature will always be concerned about the overall number of state employees.

“It’s not a no,” Holmberg said of lawmakers’ immediate response to the proposal for increased court staffing. “We will need more information and they’ll have to prove they’ll need it. The chief justice “is very good at making the case,” he added, “so we will see.”