====== N.D. Const. art. VI, § 10 — Research ======

**Qualifications for Judicial Office.** Text of the section: [[.:start|current and prior versions]].

Every citing reference in the corpus: **10** court opinions and **3** Attorney General opinions. Counts include the section's pre-1981 designation (§ 94 (from 1976-10-07)), era-gated by the renumbering crosswalk.

//Generated from the citation graph of the validated corpus. Treatment groupings (construing / citing / recital) are heuristic reading aids, not editorial judgments — read the opinion before relying on any signal.//

===== Cases by topic =====

//Topics are machine-generated groupings of the citing references — reading aids, not editorial judgments. Documents cited after the last classification pass appear in the lists below until the next pass.//

== Prohibition on advisory opinions ==

  * Associated General Contractors of North Dakota, et al. v. City of West Fargo, [[https://www.ndcourts.gov/supreme-court/opinions/214682|2026 ND 129]] (2026, Jensen, J.)  ·  quotes the provision
    * //¶ 10: “…%%tract question of law in a moot case is merely advisory. Id. Although some state constitutions permit courts to render advisory opinions, North Dakota’s constitution prohibits them. Langer v. State, 284 N.W. 238, 251 (N.D. 1939); see also N.D. Const. art. VI, § 10 (“No duties shall be imposed by law upon the supreme court or any of the justices thereof, except such as are judicial ....”).%%…”//
  * Seiler v. Dept. of Human Services, [[https://www.ndcourts.gov/supreme-court/opinions/80604|2010 ND 55]] (2010, Crothers, J.)
  * Aasen v. Forsberg, Inc., [[https://www.courtlistener.com/opinion/2080686/aasen-v-forsberg-inc/|1984 ND 51]] (1984, Sand, J.)
  * First Federal Savings & Loan Ass'n of Bismarck v. Compass Investments, Inc., [[https://www.courtlistener.com/opinion/1585679/first-federal-savings-loan-assn-of-bismarck-v-compass-investments-inc/|1982 ND 113]] (1982, Sand, J.)

== Restrained review of administrative decisions ==

  * Frith v. WSI, et al., [[https://www.ndcourts.gov/supreme-court/opinions/52553|2014 ND 93]] (2014, Sandstrom, J.)
  * Dobervich v. Central Cass Public School District No. 17, [[https://www.courtlistener.com/opinion/2173058/dobervich-v-central-cass-public-school-district-no-17/|1981 ND 25]] (1981, VandeWalle, J.)
  * Shaw v. Burleigh County, [[https://www.courtlistener.com/opinion/2018410/shaw-v-burleigh-county/|1979 ND 167]] (1979, Erickstad, J.)  ·  quotes the provision
    * //“…%%7 (N.D.1969). In order that the independence of the three distinct branches of government be preserved, it is a fundamental principle that the Legislature cannot invade the province of the judiciary, nor may it impose upon the judiciary non-judicial duties. Section 94 of the North Dakota Constitution provides, in pertinent part, that “No duties shall be imposed by law upon the supreme court or any of the justices thereof, except such as are judicial, . . . .” The enactment of zoning%%…”//
  * Power Fuels, Inc. v. Elkin, [[https://www.courtlistener.com/opinion/2117254/power-fuels-inc-v-elkin/|1979 ND 125]] (1979, VandeWalle, J.)  ·  quotes the provision
    * //“…%%ict court could adopt on review (of) an agency decision, and not substitute its opinion for that of the administrative agency. Application of the traditional ‘preponderance’ test would invest administrative determinations in the courts, an action forbidden by Section 94 (previously Section 96) of the North Dakota Constitution; and “4. Substantial evidence exists in the record to support the Findings of Fact made by the Commission; the Findings of Fact support the Conclusion(s) of Law;%%…”//
  * Allstate Insurance Co. v. Knutson, [[https://www.courtlistener.com/opinion/1699411/allstate-insurance-co-v-knutson/|1979 ND 60]] (1979, Erickstad, J.)

== Nonjudicial duties and offices ==

  * N.D. Legislative Assembly, et al. v. Burgum, [[https://www.ndcourts.gov/supreme-court/opinions/3123|2018 ND 189]] (2018, Tufte, J.)
  * N.D. Att'y Gen.: [[https://attorneygeneral.nd.gov/wp-content/uploads/2023/03/052786-Meyer2_0.pdf|N.D. Op. Att'y Gen. (May 27, 1986) (to Meyer, No. 1)]]
  * N.D. Att'y Gen.: [[https://attorneygeneral.nd.gov/wp-content/uploads/2023/03/052786-Meyer2_0-1.pdf|N.D. Op. Att'y Gen. (May 27, 1986) (to Meyer, No. 2)]]

== Qualifications for judicial office ==

  * N.D. Att'y Gen.: [[https://attorneygeneral.nd.gov/wp-content/uploads/2023/03/78-58.pdf|N.D. Op. Att'y Gen. 78-58 (1978)]]

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