Judicial philosophy
Justice Tufte approaches every case with the same discipline:
- Read the text. The words of the statute or the constitution come first. The job of a judge is to apply the law the Legislature or the people wrote, not to rewrite it.
- Respect precedent. The stability of the law depends on courts respecting what earlier courts have decided while correcting prior interpretation when it is demonstrably wrong. Change should come from the Legislature or a vote of the people.
- Decide only what is before the court. A judge who decides only the case in front of him preserves the independence of the judiciary and keeps faith with the parties who brought it.
- Explain the decision. Every ruling should be understandable to the lawyers who argued it, to the lower courts that must follow it, and to the citizens it affects.
First term highlights
Justice Tufte’s first term has emphasized transparency and modernization of North Dakota’s courts:
- Court transparency. Led the effort to draft North Dakota Administrative Rules 41 and 41.1, which implement the state constitution’s open-records and open-meetings requirements for the judicial branch. These rules establish clear procedures for public access to court records and ensure that judicial branch committees conduct their work openly.
- Judicial Conference leadership. Chairs the Executive Committee of the Judicial Conference, the body that sets administrative policy for the state judicial branch.
- Artificial intelligence in the courts. Served on the North Dakota Judiciary’s Task Force on Artificial Intelligence, which studied responsible applications of emerging technology to improve court operations and access to justice.
- Lawyer shortage. Chairs the Task Force on Lawyer Licensing and Alternative Legal Practice, which is examining regulatory and policy solutions to North Dakota’s lawyer shortage, a pressing issue for rural access to legal services.
- Uniform Law Commission. Serves as Vice-Chair of the North Dakota Uniform Law Commission, where he has been a commissioner since 2015. Has contributed to drafting the Uniform Automated Operation of Vehicles Act, the Model Public Meetings During Emergencies Act, and the Uniform Trade Secrets Act, among other uniform laws.
- Rodel Judicial Fellowship. Selected for the Rodel Judicial Fellowship, Class of 2025, which brings together federal judges and state supreme court justices for sustained study of democracy, the Constitution, and the rule of law.
Service on court committees and commissions
In addition to his work on the bench, Justice Tufte serves or has served on committees and commissions that shape the administration of justice in North Dakota and nationally.
Chair
- Executive Committee of the Judicial Conference
- Judicial Conference Standing Committee on Legislation
- Interdisciplinary Specialized Docket Committee
- Website Workgroup
- Task Force on Lawyer Licensing and Alternative Legal Practice
- Judiciary Standards Committee
Vice-Chair
- North Dakota Uniform Law Commission (current); Commissioner since 2015
Member
- Judicial Education Commission
Past chair
- Court Technology Committee
- Committee on Tribal and State Court Affairs
Past member
- Task Force on Artificial Intelligence
- Joint Committee on Attorney Standards
- Judicial Nominating Committee
- Judicial Ethics Advisory Committee
- Personnel Policy Board
Other affiliations
- Board member, The Study (formerly Humanities North Dakota)
Selected publications
- Jerod E. Tufte, The North Dakota Constitution: An Original Approach Since 1889, 95 N.D. L. Rev. 417 (2020).
Published opinions
Justice Tufte’s published opinions are available on the North Dakota Supreme Court’s official website at ndcourts.gov.