Per Curiam.
[¶1] On May 12, 2026, Governor Kelly Armstrong notified the Supreme Court of the retirement of the Honorable Todd L. Cresap, Judge of the District Court, North Central Judicial District, effective July 17, 2026. Judge Cresap's retirement creates a vacancy under N.D.C.C. § 27-05-02.1.
[¶2] Under N.D.C.C. § 27-05-02.1, within 90 days of receiving notice of a vacancy, this Court is required to determine whether the office is necessary for effective judicial administration. This Court may, consistent with that determination, order the vacancy filled, order the vacant office transferred to another judicial district in which an additional judge is necessary, or abolish the vacant judicial office, with or without a transfer.
[¶3] Under N.D. Sup. Ct. Admin. R. 7.2, notice of a written consultation with attorneys and judges and other interested persons in the North Central Judicial District was posted May 18, 2026, on the website of the Supreme Court regarding the vacancy created by Judge Cresap's retirement in Judgeship No. 5. Written comments on the vacancy were permitted through June 17, 2026. This procedure is sufficient for purposes of the consultation required under N.D.C.C. § 27-05-
02.1.
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[¶4] Comments regarding filling the vacancy were received from county commissions and attorneys. The North Central Judicial District filed a report containing population and caseload trends, and other criteria identified in N.D. Sup. Ct. Admin. R. 7.2, Section 4, on June 5, 2026. The State Court Administrator filed weighted caseload statistics for calendar years 2025 and 2026 for the North Central Judicial District and statewide.
[¶5] The North Central Judicial District is comprised of Burke, Mountrail, and Ward Counties. The District has five judges chambered in Minot and one judicial referee. The judges participate in a calendar rotation of one week of criminal master calendar, one week of criminal trials, one week of opinion, and two weeks mainly consisting of civil trials and motion hearings. Judges are scheduled to travel to Burke County the 2nd Tuesday and Mountrail County the 1st, 2nd, and 4th Thursdays of each month. Jury trial dates are on a rotation in both counties. The Judges and Referee of the NCJD are committed to traveling to Burke and Mountrail counties, to hold court in person, and not by reliable electronic means. [¶6] The population of each county in the district decreased from 2015 to 2026. The total population of the district decreased four percent during that time. The weighted caseload statistics show the two-year average need for judicial officers in the North Central Judicial District decreased from 6.39 to 6.15 from 2024-2025 to 2025-2026, resulting in an overage of 0.15. The caseload is projected to decrease by 1,378 cases. The weighted caseload report states that this is due to an estimated decrease in misdemeanor, felony, and administrative traffic cases. The need for judicial officers for the adult and juvenile treatment courts in Minot is
0.139 judicial officers. [¶7] Vacating or moving this judgeship would create a shortage in the district and make it difficult to provide effective judicial services. [¶8] Under the criteria of Section 4 of N.D. Sup. Ct. Admin. R. 7.2, this Court has considered all submissions and its own administrative records on statewide weighted caseload data.
[¶9] Based on the record before us, this Court determines this office is necessary for effective judicial administration in its present location.
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[¶10] IT IS HEREBY ORDERED, that Judgeship No. 5 at Minot in the North Central Judicial District be filled in the manner provided by N.D.C.C. ch. 27-25. [¶11] Lisa Fair McEvers, C.J.
Jerod E. Tufte
Jon J. Jensen
Douglas A. Bahr
Mark A. Friese