Supreme Court DENIED Writ of Mandamus - Youngs asking for a Neutral Judge
Document: Supreme Court DENIED Writ of Mandamus - Youngs asking for a Neutral Judge
Why it matters: **October 8, 2026 - North Dakota Supreme Court DENIES Independent Judicial Review Without Explanation**
On October 8, 2026, the North Dakota Supreme Court DENIED James and Tahnee Young permission to file a Petition for Supervisory Writ and Alternative Writ of Mandamus seeking the removal of Judge Cherie L. Clark and appointment of a NEUTRAL judge.
The Youngs presented concerns that Judge Clark had materially mischaracterized their court filings when seeking to have them declared vexatious litigants. They contend that the underlying docket demonstrates a clear contradiction between what their motion actually stated and how Judge Clark subsequently described it.
**No Explanation, No Independent Review:** The Supreme Court's order, entered at the direction of Chief Justice Lisa K. Fair McEvers, denied permission to file the petition without providing any explanation for the denial or addressing the alleged documentary discrepancies.
**Public Transparency Concerns:** Because the Youngs were denied permission to file their petition, they contend that the supporting allegations and evidence remain unavailable for ordinary public review on the Supreme Court docket. This raises concerns about transparency and the public's ability to examine allegations of judicial misconduct.
**Why This Matters:** The Youngs believe the court records demonstrate that Judge Clark made materially false statements about their filings. Rather than allowing an independent judge to examine those allegations, the Supreme Court denied their request to proceed.
The Youngs question whether meaningful judicial accountability is possible when homeowners must obtain permission to challenge a judge's conduct and are subsequently denied that permission without a stated reason.
**The central concern: The Youngs requested an impartial examination of documented discrepancies in the judicial record, but the Supreme Court denied permission to file their petition without explaining why.**