The House Judiciary Committee voted to recommend a do-not-pass on House Concurrent Resolution 3021, a proposed amendment to the North Dakota Constitution relating to the judicial branch. The motion to do not pass carried 7 to 6 with one member absent.

The proposal discussed by the committee would alter constitutional language addressing the judicial branch's rulemaking authority and contain provisions that committee members said could remove or limit judicial immunity in certain circumstances. Members raised concerns about practical effects and unintended consequences if the change were adopted.

Committee members who opposed the resolution said it could remove the Supreme Court's long-standing responsibility to promulgate procedural rules and risk exposing judges to civil or criminal liability for routine case decisions. One committee member summarized: "My comment on that is we're not gonna have any judges if they get if they could be held civilly liable for how they rule in a case," expressing concern about the viability of the bench under the proposed liability changes.

Other members said the conversation was valuable and suggested further study. Representative Van Winkle and Representative Hoverson asked whether an interim study could examine the issues and potential alternatives. Representative Satrim described experience on judicial appointment and standards committees and said those processes provided safeguards; he urged confidence in current systems.

Representative Vetter raised concern about judges "legislating from the bench" and asked what remedies exist; committee discussion noted impeachment and subsequent legislative action after a court decision as available checks. Committee counsel outlined the current structure: the Supreme Court promulgates state rules of civil and criminal procedure, evidence, appellate and administrative procedures; altering that constitutional responsibility could leave an implementation gap.

The committee's do-not-pass motion was moved by Representative Carlson and seconded by Representative Schneider. The roll call recorded seven yes votes for do not pass, six nos, and one absent. Representative Clamine (the chairman) was recorded as carrying the do-not-pass recommendation to the floor.