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32 Gavel 1 (1985-1986)

handle is hein.barjournals/gavel0018 and id is 1 raw text is: GAVEL September, 1985 Published by the State Bar Association of North Dakota Vol. 32, No. 1 Foundation patrons include Robert Dahl, Roy Ployhar, judge Eugene Burdick, Orlin Backes, Judge Ion Kerian, SBAND President Dave Peterson, Chief Justice Ralph Erickstad, Justice Beryl Levine, Justice H. F. Gierke and Foundation Board of Directors Chairman Paul Klosler. North Dakota Bar Foundation Counts Twenty-Three Patron Members Bar Foundation Chairman Paul Kloster has announced that twenty-three SBAND members have become Founda- tion Patron members. Patrons agree to contribute $1,000 to the Foundation. Kloster also announced that the CLE Commission has become the Founda- tion's first Silver Patron by contributing $2,500.00. The Bar Foundation's purposes are to ad- vance the science of jurisprudence, to promote the administration of justice and uniformity of judicial decision, all through educational and scientific means or as research in cooperation with SBAND. Membership categories include Sustaining Members ($25 contribution), Patrons ($1,000 contribution), Silver Patrons ($2,500 contribution) and Gold Patrons ($5,000 contribution). The Foundation sponsored the West Art Collection exhibition at a reception at the SBAND Annual Meeting in Fargo and is planning other similar activities. Plans are now being made for a cam- paign to increase Foundation member- ship and to authorize the initial grant(s) from the Foundation. For more information about the North Dakota Bar Foundation, contact the SBAND office. North Dakota Municipal Courts - An Urgent Need For Improvement Calvin N. Rolfson The Judicial Planning Committee of the North Dakota Judicial System, formerly chaired by Justice Pederson and now chaired by Justice Levine, has the task to review all stages of the judicial system in this State to identify problems and ways to make improvements in that system. There is no court in this state that is more visible and impacts more dramatically upon its citizens than the 159 municipal courts in North Dakota. As a result of repeated concerns expressed to the Judicial Planning Committee, in March, 1983, a subcommittee was created to study municipal court services in North Dakota. The ten subcommittee members include representatives of the North Dakota Bar, mayors of small and large cities, law trained and lay municipal judges in small and large cities, a city at- torney, a county judge and a district judge. The subcommittee is the joint project of the North Dakota League of Cities and the Judicial Planning Committee. In September, 1984, after 18 months of study, the Municipal Court Study Sub- committee published its report and recommendations. In it, the Subcommit- tee identified several major structural problems inherent in North Dakota's present municipal court system, which, if remedied, would substantially improve municipal court services. Among its find- ings, the Subcommittee concluded: 1. With the possible exception of de- criminalized traffic cases, most municipal ordinance violations are criminal in nature and, as a result, trials and court procedures are governed by complex laws and rules. Such legal and procedural intricacies, particularly criminal traffic jurisdiction, are beyond the present training and experience of many lay municipal judges. As a result, substantial unfairness can result to those persons coming before such courts. 2. The trial de novo from municipal court decisions is unnecessary, Cont'd on page 4

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