North Dakota chief justice cites heavy caseloads, urges guardianship office and court reforms

Chief Justice John J. Jensen told the North Dakota House of Representatives during a State of the Judiciary address that the state’s courts face unusually high criminal caseloads and outlined several proposed reforms aimed at improving accountability, access and speed of case processing.

Jensen said the judiciary is asking the Legislature to create a court-run office of guardianship and conservatorship, to rewrite municipal court statutes, to expand self-help services and problem-solving courts, and to simplify jury service procedures to make the system more accessible and efficient.

The chief justice provided context for the requests: North Dakota operates municipal courts, district courts and the North Dakota Supreme Court; there are currently 87 municipal courts and 55 district court judges elected to six-year terms. Jensen said municipal courts handle limited matters — including class B misdemeanors with maximum penalties of 30 days in jail and fines up to $1,500 — and that cities with populations over 5,000 must have licensed attorneys serve as municipal judges, while smaller cities are not required to do so.

Jensen told the chamber the state’s district courts handle the bulk of filings and that North Dakota judges carry “the highest criminal caseload of any judges in the United States,” while also noting the courts are among the fastest in the country at processing criminal cases. He quantified the workload as about 160,000 new filings each year plus roughly 20,000 reopened cases annually, and said those figures create strain on judges, clerks and juvenile court officers across 53 counties and eight judicial districts.

On proposed reforms, Jensen said the judicial branch supports creating “the office of guardianship and conservatorship under the auspices of the court” to protect people under guardianship or conservatorship and to provide accountability for approximately $17,000,000 in public funds currently spent on guardianship services. He said the branch had participated in a review of guardianship and conservatorship programs at the request of the 68th Legislative Assembly and identified deficiencies the proposed office would address.

Jensen also described planned statutory work on municipal courts intended to clarify processes and increase accountability for citizens who come into those courts. To expand access to legal help, the judiciary is seeking an additional attorney and a navigator position to provide self-help services and document review, and is requesting recognition of an allied legal professional designation to allow nonlawyers with specialized training to provide certain legal assistance.

The judiciary is proposing to expand problem-solving courts, Jensen said, citing a veterans court in Fargo and a mental health court in Bismarck, and added the branch is exploring a domestic violence court in Bismarck. He said the mental health work group is coordinating with the state hospital to streamline evaluations and reduce delays in case processing.

Jensen requested legislative assistance to attract and retain judicial employees, specifically asking for increased compensation for people working in the judicial system. He said that retaining skilled staff is essential for timely access to justice and for handling the diversity of cases district judges must decide.

Turning to judicial independence and security, Jensen warned that judges and court employees in North Dakota have been subject to threats and intimidation and criticized the use of social media to attack or threaten judicial officers. “While public scrutiny at times and displeasure with a particular judicial decision is understandable, violence and intimidation should not be tolerated,” he said, adding that separation of powers requires each branch to respect the roles of the others while courts decide cases.

After the address, the House voted to print Chief Justice Jensen’s remarks in the journal and recessed until noon. Several brief procedural motions to appoint committees to receive the governor, lieutenant governor and Supreme Court justices were carried earlier in the session.