North Dakota
North Dakota’s highest court is the North Dakota Supreme Court. The court has four justices and one chief justice. The chief justice is chosen for a five-year term by other members of the supreme court along with district judges. (Source: State of North Dakota Courts)
Judicial Selection
North Dakota Supreme Court justices are selected through a nonpartisan election, where multiple candidates may vie for the seat. The elected justice serves a 10-year term. Justices may seek additional terms through nonpartisan elections. When a seat opens in the middle of a justice’s term, the governor appoints a candidate from a list provided by a judicial nominating commission. Alternatively, the governor may fill the seat by calling for a special election. An appointed justice holds office until North Dakota’s next general election more than two years after appointment, unless the remainder of the seat’s term runs out before then. The elected justice serves the remainder of the unexpired term. There are no term limits, nor is there a mandatory retirement age.
State Constitution
North Dakota’s first and only state constitution was adopted in 1889. As of January 1, 2024, it had 162 amendments. (Source: John Dinan, 2024)
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The Tenacious Power of Constitutional Torts
Despite hurdles, civil rights litigation is a critical tool for people who have been harmed by the government and for those seeking long-lasting change.
How Far Does the Kansas Constitution Go in Protecting Bodily Autonomy and Dignity?
Two recent transgender rights cases may help answer this question.
Who’s Hiring State Supreme Court Clerks?
State-by-state information to aid law students and young attorneys in securing a state clerkship.
Religious Freedom and Abortion
Religious liberty protections have been steadily extended in both state and federal court over the last two decades. In some states, plaintiffs are arguing religious liberty includes a right to an abortion, with some success.
State Law Gives Litigators Extra Tools to Counter Originalism
Unique features of state courts allow lawyers to go beyond arguments available in federal courts.
The Untold Story of 150 Years of Women in State Judiciaries
A focus on the U.S. Constitution and federal judges has obscured a longer and more complex history of women serving on state benches — and how state constitutions mattered in their rise.
How Courts Oversee Ballot Initiatives
State courts — and to some degree federal courts — play a significant role in every stage of the direct democracy process.
New Year Scholarship Roundup: Federal-State Conflict, State Courts, and Election Administration
Several new articles explore state power in times of federal-state and interstate conflict.