North Dakota Supreme Court Justice Daniel Crothers, center. At left is Justice Douglas Bahr; at right is Chief Justice Jon Jensen. (Photo by Kyle Martin/For the North Dakota Monitor)
By: Mary Steurer
BISMARCK, N.D. (North Dakota Monitor) – North Dakota Supreme Court Justice Daniel Crothers urged his colleagues to keep the judicial branch impartial as he closes out his 20-year career on the court this week.
“My only words for anyone following are to guard the court’s independence — guard that fiercely,” he said at a Thursday reception in his honor.
Crothers will retire from the bench Friday.
A Fargo native, Crothers graduated from the University of North Dakota School of Law in 1982. He was a prosecutor for about a year-and-a-half, then went into private practice in commercial litigation, he said.
At the time of his retirement, Crothers was the longest serving justice on the high court. He was first appointed to the bench in 2005 by then-Gov. John Hoeven. Crothers was then elected to fill an unfinished term in 2008, and 10-year terms in 2012 and 2022.
He said he wants the public to understand that the courts work differently than the legislative and executive branches. Judges are supposed to uphold the law, not further any particular political agenda, he said. Crothers said if courts don’t maintain this independence, people’s rights will be at the discretion of lawmakers and the executive branch.
“I don’t think we want courts and judges being lap dogs for the political branches,” he said in an interview with the North Dakota Monitor.
He called President Donald Trump’s recent comments disparaging the U.S. Supreme Court “unfortunate.” Trump accused the six justices who ruled against his tariff policy of caving to political pressure.
“That’s not helpful to anybody,” Crothers said of the president’s remarks.
During his time on the court, Crothers presented at judicial seminars all across the country and the world, Chief Justice Lisa Fair McEvers said at the Thursday ceremony.
She said he was always willing to lend a listening ear to his fellow justices.
“He is the first person I turn to for advice on ethics,” Fair McEvers said.
Crothers said one of the most impactful cases he heard while on the court was the Legislature’s 2017 lawsuit challenging former Gov. Doug Burgum’s line-item vetoes of several budget bills. The lawsuit led the North Dakota Supreme Court to rule that the governor cannot withdraw vetoes, and that Burgum had issued four of the five vetoes improperly. The court also found that the Legislature could not delegate spending authority to a legislative committee.
The governor and members of the legislative branch were there when the justices heard oral arguments in the case, he said.
“All three branches were sitting in that courtroom,” Crothers recalled. “It’s kind of burned into my memory that this is the classic separation of powers, and it was right there in front of me.”
Crothers said there was no particular reason for his retirement, though he said he looks forward to spending more time with family and on his hobbies.
“I have things that I want to get done while I’m still young enough and healthy enough to do it,” he said.
Crothers will be succeeded by Fargo area defense attorney Mark Friese, who was tapped for the seat by Gov. Kelly Armstrong earlier this month. Friese will start in the position March 9.
When asked whether he had any advice for Friese, Crothers said no.
“I’ve known Mark for years. He doesn’t need any advice,” he said. “But he’ll find out that this is a great place to work with supportive colleagues.”
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