North Dakota Justice of the Supreme Court Choose 1
The North Dakota Supreme Court has five justices, each elected to a ten-year term on a staggered basis, with one judgeship up for election every two years.The Supreme Court rules on appeals from lower courts, hears original cases within its purview, ensures the efficient and effective operation of all courts in the state, except federal and tribal courts, and supervises and licenses the legal profession in North Dakota. Learn more at www.ndcourts.gov
Biographical Information
Website
http://johnsonforjustice.org
Facebook
http://facebook.com/ndscjohnson
Campaign Phone Number
7014442211
What are your top priorities for court operations?
Respect for the people whose hard work keeps the judicial system accessible and fair for all North Dakotans. Our clerks of court, district judges, and judicial staff at all levels are the foundation of that system. The Supreme Court should support and lead this amazing, statewide team. Respect for the courts and the rule of law begins on the inside and radiates out to all who seek justice.
What trial or court experience do you bring to the bench?
I have tried 20 cases to juries in North Dakota and beyond, ranging from business disputes to criminal charges. I have argued 25 cases to the North Dakota Supreme Court in an equally broad variety of matters. I have handled over 600 civil cases, at least one in every judicial district in North Dakota and some that are extremely complex. I believe that my court experience demonstrates strength in understanding what really matters in a complicated dispute and explaining it clearly.
How would you describe your judicial philosophy?
My judicial philosophy begins with humility. The parties, lawyers, and trial judges who work on a case for months or years understand their case at a level that an appellate court, where arguments come in a few dozen pages of briefs and less than an hour of argument, usually cannot. I respect their sincere and hard work and, if elected to the Supreme Court, my job would be to review their work for mistakes, not to substitute my judgment.
What can be done to improve access to justice for all North Dakotans?
Our courts have taken a proactive approach to using technology to improve court efficiency. A similar, open-minded approach to the public-facing elements of the court system would help ensure those who seek justice can find it. I also believe that my perspective as a rural attorney would help identify solutions to the shortage of lawyers in smaller communities statewide.
Who is one judge, current or historical, that you admire?
John Marshall stands out as a brave, intelligent innovator in the American judicial system. Among his other achievements, Chief Justice Marshall is largely responsible for American courts issuing a single majority opinion when they decide cases, rather than a handful of potentially inconsistent opinions from individual judges. American law is clearer because of Chief Justice Marshall's ability to lead and to find consensus in the law, which should inspire all judges.
Biographical Information
What are your top priorities for court operations?
First, improve access to justice, including practical reforms for self-represented parties and modernization of law-licensure pathways so qualified North Dakotans can serve their communities. Second, continue to improve court technology that lets people interact with the courts efficiently from anywhere in the state. Third, work to simplify rules and procedure so trial courts, lawyers, and litigants spend their effort on the merits rather than navigating the system.
What trial or court experience do you bring to the bench?
Private practice at a large firm, then solo. Army JAG service. State's Attorney for Kidder County. Counsel to North Dakota Governor Jack Dalrymple. District Court Judge. Now in my tenth year on the North Dakota Supreme Court. I've authored over 400 opinions across every kind of case the court hears: civil, criminal, constitutional, administrative. Every opinion is a public document. Voters know what they're getting because they can read exactly how I approach each kind of case before voting.
How would you describe your judicial philosophy?
A judge's job is to say what the law is, not what the law should be. I start with the words of the law, give them the meaning they had when the legislature or the people enacted them, and apply them as written, even when I would have written the law differently. Policy choices belong to the voters and their elected representatives, not to judges. I've applied that method consistently since January 2017. Every opinion I've written is a public document. Read the work and judge for yourself.
What can be done to improve access to justice for all North Dakotans?
First, modernize licensing for legal services so qualified North Dakotans — including those whose paths don't fit the traditional one — can serve their communities, especially rural counties where unmet legal need is highest. I am chair of a committee working on this now. Second, simplify court procedure for self-represented parties so the courthouse remains accessible to people without a lawyer. Court technology that works statewide supports both. This is ongoing work I plan to continue.
Who is one judge, current or historical, that you admire?
Justice Clarence Thomas. For more than thirty years on the U.S. Supreme Court, he has applied the same method to every kind of case — starting with the text, giving it the meaning it had when enacted, and laying out the historical evidence transparently. The method is the model. I don't agree with any judge all the time, in method or result, but Justice Thomas demonstrates a thoughtful effort to apply the same method the North Dakota Supreme Court has followed since 1889.