II. Meandering into the Twentieth Century
. . .
H. Creating the Judicial Council
Beginning at least in 1924, an active State Bar Association encouraged establishment of a judicial council to be "charged with the duty of ascertaining the state of judicial business, gathering statistical information [on] the work of the courts, examining rules of procedure, suggesting changes in administration, studying work of law enforcement officials and suggesting improvement, equalizing trial work, revising rules, and considering complaints against courts and their officers."(202) In 1926, Chief Justice A.M. Christianson called such a meeting of all Supreme Court and district judges.(203)
This first judicial assembly took place in Bismarck in May 1926. The State Bar Association heralded the
great advantage in having a permanent official body organized to make a continuous study of the organization, rules, methods and practices of the courts of the state, the work accomplished and the results produced, to investigate the means adopted for the improvement of judicial administration [elsewhere], to devise such changes in procedure as appear suited to our needs and as may be given effect without legislative action, and to recommend to the legislative assembly such remedial legislation as is believed necessary to assure the more efficient administration of justice. . . . The interchange of ideas alone should be helpful in making for greater uniformity in practice of the trial courts and in settling uncertainty as to government rules.(204)
The 1927 legislature formally authorized a Judicial Council to assemble twice a year to evaluate suggestions for improvement of the administration of justice, to recommend changes in procedures, and to coordinate continuing judicial education.(205)
The 1985 legislature changed the assembly's name to the Judicial Conference.(206) However, the legislature did not adequately fund the activities of the Judicial Council for its first half a century until Chief Justice Erickstad persuaded legislators to do so beginning in 1975.(207) By then, the Judicial Council had become instrumental in improving the judicial system.
202. I N.D. B. Brs. 7 (Dec. 1924); see also I N.D. B. Brs. 4 (Aug. 1925) (District Judge A.G. Burr, chair of a Bar Committee, presented a plan "for the establishment, by legislative enactment, of a Judicial Council"); II N.D. B. Brs. 1 (Feb. 1926). Later in December 1926, Judge Burr was appointed to the Supreme Court to succeed Justice Sveinbjorn Johnson. Sketch, supra note 2, at 45.
203. See II N.D. B. Brs. 1 (May 1926).
204. See id.
205. See 1927 N.D. Laws ch. 124, §§ 1, 4, 5, 8, at 155 (codified as amended at N.D. Cent. Code ch. 27-15 (1991 & Supp. 1999)).
206. 1985 N.D. Laws ch. 333, § 2, at 1287.
207. In his 1975 State of the Judiciary message to a joint session of the legislature, Chief Justice Erickstad repeatedly referred to the need for funds to continue studies begun with funding from other sources, like the State Emergency Commission, the Combined Law Enforcement Council, State Highway Department, and Law Enforcement Assistance Administration. See State of North Dakota, Journal of the House 58-65 (44th Leg. 1975).