Background
On May 12, 2026, Governor Kelly Armstrong notified the North Dakota Supreme Court of the planned retirement of District Court Judge Todd L. Cresap of the North Central Judicial District, effective July 17, 2026. That retirement triggered a statutory vacancy under N.D.C.C. § 27-05-02.1, which requires the Supreme Court to determine within 90 days whether the vacant office is necessary for effective judicial administration.
The North Central Judicial District encompasses Burke, Mountrail, and Ward Counties and is served by five district judges and one judicial referee, all chambered in Minot. Judges rotate through criminal and civil calendars and are committed to traveling in person to Burke and Mountrail Counties on a regular schedule. Following notice posted May 18, 2026, written public comments were accepted through June 17, 2026, with submissions received from county commissions, attorneys, and the district itself.
The district submitted a report on population and caseload trends, and the State Court Administrator filed weighted caseload statistics for 2025 and 2026. The data showed a four percent population decline across the district since 2015, a modest decrease in the two-year average need for judicial officers (from 6.39 to 6.15), and a projected reduction of approximately 1,378 cases attributable to declines in misdemeanor, felony, and administrative traffic matters. The district also noted an ongoing need of 0.139 judicial officers to support adult and juvenile treatment courts in Minot.
The Court’s Holding
After reviewing all submissions and its own statewide weighted caseload records under the criteria of N.D. Sup. Ct. Admin. R. 7.2, Section 4, the Supreme Court determined that Judgeship No. 5 is necessary for effective judicial administration in its present location in Minot. The Court rejected the alternatives of transferring the judgeship to another district or abolishing the office.
The Court ordered that Judgeship No. 5 be filled in the manner provided by N.D.C.C. ch. 27-25, the statutory chapter governing judicial appointments. The per curiam order was joined by Chief Justice Lisa Fair McEvers and Justices Jerod E. Tufte, Jon J. Jensen, Douglas A. Bahr, and Mark A. Friese.
Key Takeaways
- The North Dakota Supreme Court is required by N.D.C.C. § 27-05-02.1 to act within 90 days of notice of a district court vacancy and may order the seat filled, transferred, or abolished.
- Despite declining population and a modest decrease in weighted caseload need, the Court found that eliminating or relocating the judgeship would create a shortage and impair the district’s ability to deliver effective judicial services.
- The ongoing in-person travel commitments to Burke and Mountrail Counties and the treatment court workload in Minot were factors supporting retention of the full complement of five judges.
- The vacancy will be filled through the gubernatorial appointment process established under N.D.C.C. ch. 27-25.
Why It Matters
This administrative order illustrates how state supreme courts exercise their supervisory authority over court structure and resource allocation. Even where raw caseload metrics show a slight surplus of judicial capacity, geographic service obligations and specialized docket needs — such as treatment courts — can tip the analysis toward preserving an existing judgeship rather than consolidating or eliminating it.
For North Dakota practitioners, the order confirms that the North Central Judicial District will retain its five-judge bench and signals that a gubernatorial appointment to fill the Cresap vacancy is forthcoming under chapter 27-25.