Bench time: Northeast Central District has newest bench of judges in North Dakota, analysis shows

As a former judicial referee and attorney with a decade of experience, Knudson became one of North Dakota's newest district judges in December. Though he didn't grow up with the goal of being a judge—his primary goal was to be a good attorney—he felt judges he appeared before did a good job. So he wanted to strive for that as well.

"I like being involved and making a difference in people's lives," Knudson said.

His district, which covers Grand Forks and Nelson counties, has the newest bench of North Dakota's eight judicial districts, with the judges sworn in no earlier than 2015. Retirements, a resignation, an appointment to the state's highest court and a death in the last four years took away 73 combined years of experience on the bench.

But Judge Donald Hager, the presiding justice for the Northeast Central District, said each of his colleagues has years of experience in the field, whether as an attorney or former judicial referee.

"It's always nice to have people who have been around for a long time and have seen different things and have done different things," Knudson said. "But judges move on, and there is always going to be turnover."

History of tenure

Judges can take office through elections or being appointed by the governor. The latest appointment came in the East Central Judicial District—Cass, Steele and Traill counties—when Gov. Doug Burgum chose Fargo lawyer Stephannie Stiel to replace retiring Judge Norman Anderson. Stiel joined the bench Thursday.

A Herald analysis of district judge tenures dating back to 1889 revealed the average judgeship in North Dakota lasts about 12 years, about the same for judges who served in Grand Forks County.

Half of the 51 district judges serving in the state started officiating in the last five years, with almost two-thirds taking the bench in the last decade, according to the analysis of North Dakota Court System data.

Seven judges, either by gubernatorial appointment or election, took the bench for the first time last year. 2015 saw nine new judges, the most since 1995, when 27 judges started officiating.

Deciding cases and making rulings may take more research at first when new judges take the bench, Knudson said, but he said the quality of work isn't necessarily affected just because a new official takes over.

"If you have gotten to the point where you are going to be a judge ... then presumably you have the skills and you have the experience to make the right decisions or at least good decisions," he said.

The Northeast Central district had several judges who had been on the bench for years, even decades. Judge Lawrence Jahnke served almost 26 before retiring in 2015. Judge Debbie Kleven resigned in 2016, rounding out a 22-year career as a district judge. Elected in 2000, Judge Karen Braaten died of cancer in 2014. Judge Sonja Clapp retired in 2014, ending a decade of judgeship.

Jensen served four years as a district judge before his appointment to the Supreme Court.

All of the judges in the Northeast Central District were appointed—Hager, Lolita Romanick and John Thelan took office in 2015, Jason McCarthy in 2016 and Knudson late last year. Hager, Romanick and Thelen will be up for election this year.

The longest-serving judges currently in office were all elected in 1994—South Central judges Bruce Haskell, Thomas Schneider and Gail Hagerty, Northeast Judge Donovan Foughty and East Central Judge Frank Racek.

Judge William Kneeshaw, who was on the bench for 42 years before dying in 1943 at age 89, served the most time as a district judge. The longest-serving district judge from Grand Forks was Judge Joel Medd, who retired in 2013 after 34 years of service. He tied for third longest-serving judge in North Dakota.

Not an easy job

There are a number of reasons for retirement, Hager said. Health and age often play a role. Advancements in technology also may have contributed to the decision to retire since it requires training, he said.

"With that comes a lot of new learning, and I think they thought that was a good time to move on," Hager said, adding some judges retire simply because they felt they have done their duty.

The court system has not been immune to technological advances, Hager said. The state began implementing its electronic filing system in late 2009, meaning all paper documents must be scanned into the court system's database.

The courthouse also has added smartboards and other technology for attorneys to use to present their cases, said Scott Johnson, trial court administrator for the Grand Forks County Courthouse.

"Our courtrooms are very technical in nature," he said.

The Northeast Central District also lost its judicial referee position last year due to budget cuts—a position previously held by Knudson. That meant more work for judges, Johnson said.

"The judges have had to pick up (on the changes) very quickly and reach a level of proficiency very quickly," he said. "They have done an outstanding job coming into their role."

The judges don't sign up for the job because they think it is easy, Hager said. He comes into the office at 6:30 a.m. on workdays and often comes in on weekends to complete work. Last year, 15,501 cases were filed in the Northeast Central District, according to court system numbers.

"At one time it might have been easier, but it isn't anymore," he said.