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Senate defeats measure to require a written reason when an attorney asks for a change of judge

The state Senate has rejected a bill that would have required a lawyer to have a written reason when asking for a change of judge.

The bill’s sponsor – Sen.Diane Larson – said she introduced the bill because law enforcement officers have complained about violent criminals going free or serving reduced sentences because their lawyers sought judges who are more lenient than others.

The senate Judiciary Committee recommended a “do not pass” on the bill.

"That infringes on client-attorney privilege, and the strategy that the attorney and client may have in that court system," said Sen. Janne Myrdal (R-Edinburg), who carried the bill on the floor. "They would have to give a reason why they would want a judge to be changed."

Myrdal told the Senate the change of a judge doesn't happen very often, and the system works well as-is.

The vote was 4 yes, 43 no.

Dave Thompson has been saying "good morning" to public radio listeners in North Dakota since 1981, and under his watch, Prairie Public’s radio service has won more than 150 awards for news reporting. You can contact Dave at dthompson@prairiepublic.org.
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