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Senate Judiciary Committee votes 'do not pass' on bill to require reasons for judge challenges
Summary
After extended testimony from defense attorneys and a North Dakota Supreme Court justice, the Senate Judiciary Committee recommended that Senate Bill 2102 not pass. Witnesses said the bill would require litigants to state reasons when seeking a change of judge and allow denial of requests not based on "reasonable grounds."
The Senate Judiciary Committee voted to give a “do not pass” recommendation on Senate Bill 2102 after testimony from defense lawyers and a state Supreme Court justice who warned the bill would undermine a longstanding statutory procedure allowing litigants to request a change of judge without stating reasons.
Supporters of keeping the current law said the statute — historically cited as permitting a party to seek reassignment of an assigned judge without publicly accusing the judge of bias — protects litigants and the public perception of the courts. Jesse Walstead, representing the North Dakota Association of Criminal Defense Lawyers, told the committee, “Requiring litigants to disclose their reason for requesting a…
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