Recusal and Unwinding Private Practice Conflicts

Mark Friese, a long-time criminal defense attorney who has worked some high-profile cases, including serving as disgraced former lawmaker Ray Holmberg's attorney, has been appointed to the North Dakota Supreme Court by Gov. Kelly Armstrong.

Why does he want to serve on the court? "It's a lot easier to be critical of the court when you're sitting on the opposite side of the table," he told us on this episode of Plain Talk. "I'm hopeful that I can impact some change and offer a perspective that's, quite frankly, not been held by the court previously."

Friese will be the only member of the Supreme Court with a background in criminal defense. He also touted his background as a former police officer, and working in the military courts as a member of the North Dakota National Guard, as unique experiences he can bring to the bench.

While expressing deep respect for the current justices, he also had some criticism.

"There are instances where the court has not been consistent in its rationale, consistent in its reasoning," he said. "I think practitioners need to be able to rely on those decisions and know how those decisions are going to come down, and we haven't seen that universally from our court."

In the past the Supreme Court has pushed toward allowing more digital access to court records, but it's a project that hasn't been completed yet. Friese said he thinks public access is important, but also noted that information contained in court records can be exploited for fraud and other nefarious reasons.

"There has to be a careful balance. The public has a right to know. You have a right to sit in the courtroom. You have a right to access the docket," he said. "But the danger exists when those court records are used for improper purposes."

He also said that serving on the bench will be "isolating" in a way, as he will no longer be able to serve clients, and he won't be able to speak as freely publicly about issues he's passionate about.

"I had a great big box full of cards and letters and thank you notes from clients and their families for helping them through difficult times. I'm really going to miss that aspect of practice," he said. "Being on the court is going to be isolating. I won't be able to speak as openly and publicly as I have in the past on issues."

Also on this episode, co-host Chad Oban and I discussed the upcoming Democratic-NPL and NDGOP conventions, the NDGOP's proposed rule to fine disloyal members, the state of North Dakota's legislative races, and we responded to some listener feedback.

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