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
Mapping State Supreme Court Abortion Rights Decisions
A new tool from the Center for Reproductive Rights tracks abortion-related state constitutional developments across the country.
A Conversation About Abortion Rights and the Future of State Constitutions
A retired state supreme court justice, a reproductive rights scholar, and the director of the Brennan Center’s Judiciary Program discuss the role of state courts after the U.S. Supreme Court’s decision that there is no federal constitutional right to abortion.
Judicial Ethics and Discipline in the States
Before the U.S. Supreme Court adopted of a code of conduct last month, it was the only court in the country without one.
Texas and the Next Generation of Abortion Fights
Kate Cox sought an emergency abortion after learning her fetus has a fatal genetic condition. Her case illustrates an emerging set of battles to define the scope of legal exceptions to strict state abortion bans.
North Dakota Budget Bill Struck Down as Violation of ‘Single Subject’ Constitutional Rule
The state supreme court relied on a seldom-used state constitutional provision to upend a long-standing state legislative practice.
Trends to Watch in State Abortion Litigation
Courts are considering new foundations for abortion rights, while incremental challenges may slowly chip away at Dobbs.
Florida Supreme Court Hears Pivotal Abortion Case
The conservative court is being asked to revisit precedents protecting abortion rights.
Challenging Anti-Trans Legislation Under State Constitutions
Though advocates have found early success in federal courts, they may find even more effective ways to protect LGBTQ+ rights through state courts.