The ABA should take seriously any
criticism of its Standing Committee on
the Federal Judiciary. The country needs
some organization of lawyers to perform
an independent evaluation of judicial
candidates that is not influenced by
politics. Without the ABA or some legal
organization considering professional
qualifications, partisans on either side may
control the process.
NORTH DAKOTA AMERICAN
LEGION FOUNDATION
a 501-c-3
SBAND’s judicial rating is a survey of
members.
Each time a judicial vacancy occurs in
North Dakota, whether it be through
vacancy or contested election, SBAND
conducts a survey of members. It is our
form of judicial rating. When the results are
good, judicial campaigns often use them in
advertisements as a superior grade from the
profession. When the ratings are bad, the
lower-rated candidate claims the score only
represents a popularity contest of lawyers.
Both reactions have merit.
While the Judicial Nominating Committee
and governor make their respective
decisions after reviewing resumes, checking
references, and conducting interviews of the
candidates, the SBAND survey looms large
in that the top finishers are often appointed
as a judge or justice.
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President-Elect Aubrey Fiebelkorn-Zuger
led an effort a few years ago to improve
SBAND’s rating system. The goal was
to tamp down the popularity aspects of
the survey and highlight the elements of
competence and professionalism. The result,
while still imperfect, is a much better tool.
The SBAND Board of Governors
continues to wrestle with the fact that
it is administering an imperfect survey.
However, without some type of mechanism,
practicing lawyers will be without a say in
the process.
ABA Midyear Meeting
The ABA Midyear meeting is scheduled
to be held in Las Vegas, Nev., on Jan.
23-28, 2019. The agenda for the House of
Delegates has not been finalized.
FALL 2018
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