As presiding Northeast Central District Judge Jon Jensen prepares to leave for the Supreme Court, Grand Forks is waiting on the high court to make a determination on whether he will be replaced.
Jensen, who was nominated to the North Dakota Supreme Court by Gov. Doug Burgum this month, will become a justice on Aug. 15, the same day he will officially resign his district judgeship in Grand Forks, according to state court administrator Sally Holewa.
The Supreme Court has received a notice of the vacancy on the bench in Grand Forks, Holewa said, and is expected to meet soon to decide on filling Jensen's spot.
Per state law, the Supreme Court has 90 days after its notification to order the vacancy be filled, the post be transferred to another district court in need of a judge or to abolish the judgeship entirely.
Holewa said the court will likely meet this week to discuss the vacancy in Grand Forks.
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That process includes issuing a notice of consultation to attorneys and judges within the affected district to ask for feedback about the impact of the vacancy on the district court. The court administrator will also prepare a report for the Supreme Court to review, which may result in an oral hearing.
Once the Supreme Court decides whether to fill the seat, the court will certify the vacancy to the governor, who can convene the Judicial Nominating Committee. The committee is made up of appointees from the governor, the chief justice and president of the state bar association.
The committee must submit a list of two to seven finalists to the governor within 60 days of the receiving the governor's notice of vacancy. Once Burgum has the list of finalists, he has 30 days to fill the appointment from the finalists, ask the committee for a new group of finalists or call a special election.
Jensen was elected to a new six-year term on the district court bench in 2016, so his replacement would serve nearly a full term.
The Northeast Central District Court, which serves Grand Forks and Nelson counties, will be down to four judges when Jensen leaves. The court lost its judicial referee, a magistrate who typically handles cases involving juveniles and traffic, through state budget cuts in January. The court will be stretched thin while awaiting the appointment of a replacement.
Jensen will be filling the post of retiring Justice Carol Kapsner, whose last day is scheduled for July 27. Jensen will serve out the remaining two years of her term and would have to run again to receive an additional 10-year term on the bench.
