Bismarck — The House Judiciary Committee took testimony Thursday on House Concurrent Resolution 3021, which would amend parts of the North Dakota Constitution relating to the judiciary. Sponsor Representative Laurie Van Winkle said the measure would remove civil and criminal judicial immunity for decisions alleged to violate due process or state and federal law, declare judgments in violation void, and change how judicial vacancies are filled by a bipartisan appointment process.

Van Winkle argued recent court decisions show a need for greater accountability and for tools to correct judicial decisions that she described as "legislating from the bench." "We need to recognize if there is an abuse of power," she told the committee, urging remedies that would allow citizens greater access to redress judicial misconduct and unconstitutional rulings.

Opponents urged caution. Chris Joseph, legal counsel to the governor, said much of the relief the resolution seeks already exists in statute and through appeals, sovereign-immunity waivers and existing code provisions for suing the state where an employee acts beyond official capacity. Kara Erickson, disciplinary counsel, explained the Judicial Conduct Commission's structure and disciplinary processes for judges; Tony Wyler of the State Bar described the current judicial nominating committee (established under North Dakota Century Code chapter 27-25) and said the nomination process is already bipartisan and deliberative.

Committee members asked technical questions about immunity, impeachment and how the Judicial Conduct Commission handles complaints; witnesses and the sponsor exchanged differing views about whether the existing system provides sufficient remedies and whether changes would produce unintended consequences, such as a flood of personal lawsuits against judges. No committee vote was held and the hearing record closed for additional written testimony.