Should the Legislature or Judiciary Decide Record Confidentiality?

North Dakotans like to get a lot of work out of their public servants. Perhaps, in particularly, those working in the judiciary.

The "judicial system has somewhere between 160,000 and 180,000 cases each year," Chief Justice Jon Jensen said on this episode of Plain Talk. Given that the state only has "55 district court judges," this creates "a pretty large case load that each one of our district court judges has to manage each year."

Those judges also have to cover a lot of legal territory given that they're of general jurisdiction. "We don't have a criminal court judge, a civil court judge, a family court judge, or a juvenile court judge. Every one of our judges has to do every one of those things," Jensen said. "If you can imagine judges get up in the morning, they may have family law cases in the morning, criminal cases in the afternoon. It's a lot to ask from them at the district court level."

Yet, despite this work load, Jensen pointed out that North Dakota judges operate at a high level. "We have docket currency rates that are at the top of the United States," he said, also noting that out of the 160,000 to 180,000 cases that are heard each year, the state only sees about "300 appeals per year."

Jensen announced recently that, though he's committed to finishing the current 10-year term he was elected to on the North Dakota Supreme Court, which ends in 2030, he's stepping down as chief justice. But in doing so, he's reflecting on his accomplishments in that position, which includes increasing the pay for judges, as well as taking steps to lighten burdens. He called the state legislature "a very good partner" in raising pay, increasing staffing, and creating new judgeships.

"We have some challenges coming up," Jensen was quick to add, which includes a reopening of online access to court records, something the court attempted years ago but shut down quickly after it became clear that lawyers and court officials weren't doing a good enough job redacting private information from the files.

Also on this episode, guest co-host Pat Finken and I discussed the possible end of the government shutdown, the looming fight over what the government can do to address health care costs, and the legal challenge to North Dakota's corrupt practices law for politicians.

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