State Ex Rel. Foughty v. Friederich

I dissent. The decision in this case rests entirely upon the construction that is to be given to section 104 of the constitution and section 44-01-04 NDCC and I am unable to agree with the construction the majority has placed on section 104 or their conclusion that section 44-01-04 is unconstitutional.

The critical language of section 104 of the constitution reads:

“ * * * The term of office of a judge of a district court hereafter elected shall be six years from the first Monday in January succeeding his election and he shall hold his office until his successor is duly qualified. * * * ”

Section…