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1997 ND 47

Traynor v. Leclerc

North Dakota Supreme Court

Decided April 1, 1997

North Dakota Supreme Court · decided 1997-04-01

Relies on 106 Wis. 2d 31 - State v. Holmes · State v. Hanson

Good law ✅— No negative treatment on recordhow we know

Decided 1997-04-01

How this case has been cited

Cited by 19 later decisions — most recently May 2025

19 state decisions

701997200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SANDSTROM, Justice,

¶1concurring specialty-

¶2[¶ 22] I agree with much of what the majority has written. I write separately to note my exception to the majority’s adoption and reliance, at ¶¶ 12-13, on the analysis of State v. Holmes, 106 Wis.2d 31, 315 N.W.2d 703, 716-17 (1982).

¶3[¶ 23] Provisions for change of judge, other than for actual good cause, are inherently procedural in nature. Here, the judiciary has acquiesced in the statutory provisions. The result would be different if the judiciary were to occupy the field by rule. See State v. Hanson, 558 N.W.2d 611 (N.D.1996).

¶4[¶ 24] DALE V. SANDSTROM

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