Plain Talk

699: 'We have to have a thick skin' (Video)


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North Dakota doesn't typically see competitive judicial races, particularly for the state Supreme Court. But even when voters do have a choice, the candidates themselves are prohibited by ethical considerations from campaigning the way other candidates do. They can't tell voters how they'd rule on a particular case, or, for incumbents, why they ruled the way they did on previous cases.

But judicial candidates can be "reassuring people that that you understand the proper role of the court and that that you will apply the law as it's written and not become somebody that people worry will stray outside into policy aspects," Supreme Court Justice Jerod Tufte said on this episode of Plain Talk, featuring former Gov. Ed Schafer as a guest co-host.

Tufte is concluding a 10-year term he was elected to in 2016, and campaigning for a new one. Tufte is facing a challenge from Watford City attorney Ari Johnson, who will be on a future episode of Plain Talk.

Tufte says that a big part of the job is ruling on the law, and not public opinion.

"We have to have a thick skin. We have to expect people will criticize our written opinions and find flaws, gaps or areas of disagreement ,and how we express our legal reasoning and how we apply to the the law to a particular case," he said. "But you have to just apply the law in every case regardless of what kind of person is before you, rich or poor or on one political team or the other, or part of one industry or another."

"A lot of people focus on results rather than methods," Tufte added, noting that when the courts aren't producing the results the people want, they should ask legislators and executive branch officials for change.

Also on this episode, Mark Watne, formerly the president of North Dakota Farmers Union, gives an agrarian perspective on North Dakota's ongoing efforts to celebrate America's 250th birthday. Go to ND250.com to learn more.

If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It's super easy — leave your message, tell us your name and where you're from, and we might feature it on an upcoming episode. To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below.

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