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)
Filters
Arizona and North Dakota Voters Reject Efforts to Curb Direct Democracy
Lawmakers asked voters to surrender some of their power to place issues directly on state ballots. Voters refused.
What We Learned From State Ballot Measures
The results of 2024's state ballot measures reveal mixed voter opinions on abortion, workers’ rights, and direct democracy.
2024 Ballot Measures to Watch
Voters will decide whether to amend their state constitutions with measures focusing on abortion, election procedures, minimum wage policy, and more.
A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
When Does the U.S. Supreme Court Review State Supreme Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.