Ariston Johnson is Watford City-based attorney who is challenging incumbent Supreme Court Justice Jerod Tufte, who is in the process of wrapping up his first 10-year term on the court.

There are actually two Supreme Court races on the ballot this cycle. Justice Douglas Bahr is running to have his appointment by Gov. Doug Burgum to finish former Justice Gerald VandeWalle's term confirmed by voters.

Why is Johnson challenging Tufte and not Bahr? He said it's because defeating Tufte would mean a full term on the court. Also, Bahr, a former government attorney, has more of the experience Johnson believes the state's top court needs. "Frankly, if the election ballot offered Ari Johnson or Douglas Bar, I would vote for Douglas Bar because the court needs that. perspective," Johnson said on this episode of Plain Talk.

He also addressed the increased politicization of the judiciary. At the national level, U.S. Supreme Court justices are now routinely referred to by their ideologies. In other states, like Wisconsin, judicial elections have become hyper-partisan affairs. So far, that hasn't happened in North Dakota, and Johnson says he doesn't want it to.

"I am myself generally apolitical. I don't bring my politics to work and I would not bring them to the Supreme Court," he said. "It is a nonpartisan race and it should be a nonpartisan job."

"If the law compels a decision, then the Supreme Court should make that decision. If the law is wrong, the legislature should write a better law," he continued. "Judges shouldn't decide policy and they shouldn't decide law. They should apply the law under our constitutional system with the checks and balances."

Also on this episode, me and former Gov. Ed Schafer, who served as a guest co-host, discussed the tragic passing of state Rep. Liz Conmy, the complications existing term limits laws impose on the process of appointing her replacement, and whether Measure 1, which would reform those current term limits laws, is something voters should support.

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.

Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive

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.

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.

Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive

When Oliver County Commissioner Dave Berger -- a veteran of more than 50 years of local public service -- stepped down amid what he describes as an abusive and slanderous backlash over a data center proposed by Applied Digital, it illustrated the dark side of two debates.

One is the debate over data centers. There are good arguments to be made on both sides of the debate, but some elements involved in it have become incapable of acknowledging that it's possible to disagree in good faith.

The other is the debate over public service itself, and how difficult its become in an era where social media has made it possible for an angry and overwrought minority to hound those in public service.

"The slander, the judgment of my character, my integrity. They just call it into question like I never existed before," Berger told us on this episode of Plain Talk, say he's been accused of taking bribes on the data center issue. "Then the calls with the swearing at me, you know, the f-word, the a-word. "If you want to have a conversation, I'll just lay [the phone] on the counter, they can cuss at the counter."

"I've got nothing to hide," Berger added, noting that there have been open records requests filed for his communications and financial information.

The ironic thing is that Berger says he hasn't actually made up his mind on whether Applied Digital should build a data center in Oliver County. "I have never told anyone but my wife how I feel about it because I'm not sure how I feel," Berger said. "And Dave with Applied Digital, when he first called...I just told him, I'm not sold on it. What you got to sell it to is the public. And that's that's how I got to base my opinions, right? You've got to listen to both sides."

Berger is no longer in office -- he's said that he plans on spending more time with his family in retirement -- but he did have some advice for people who see stories like his and are afraid of serving in office: "Keep going forward," he said.

Also on this episode, guest co-host Rep. Zac Ista and I talk about whether U.S. House candidate Trygve Hammer is trying to peel some populist voters away from incumbent U.S. Rep. Julie Fedorchak as well as the controversy of the U.S. Supreme Court's so-called "shadow docket."

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.

Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive

If you get into a scrape involving local government in North Dakota -- say a garbage truck side swipes your car, or you get hurt on park district property -- the organization you'd likely seek relief through is the North Dakota Insurance Reserve Fund. This is an entity created by local governments, and funded by local tax dollars, which acts essentially like an insurance company.

But the organization has come under fire, with critics saying NDIRF can be ruthless when it comes to claims filed by the public, even as the organization passes along millions in conferments to its members.

On this episode of Plain Talk, NDIRF CEO Keith Pic said the organization serves North Dakota by keeping costs down for local governments. "I think the important part here is that the coverages that we provide are unique to North Dakota," he said. "We can be responsive to North Dakota. We don't have the entire United States impacting the rates that would be charged for the risk that our political subdivisions have."

I recently wrote an article critical of NDIRF over the organization's handling of the Northwood school bus crash, where dozens of students were injured. That happened back in 2023, but the litigation around it is still lingering, with some families and legal representatives blaming NDIRF for bogging the process down.

"The easy thing for NDIRF in that situation would have been to just pay the $300,000 and just be done with it," Pic said, referring to the underinsured motorist coverage for the school district that is at issue. "But I think there would have been some major inequities that would happen or would have happened from that global settlement if we had participated in it. And here you had kids that were still treating well into 2025. Well, we don't know the extent of those injuries in 2024 when that global mediation happened."

Pic also argued that the millions in conferments the organization has made back to local governments have nothing to do with claims decisions. "There's no thought as to how is this going to affect our financials. Our claims adjusters are very much examining, what is the legal liability? What's a legal standard as to what can make up this claim and is it an allowable claim to be paid?" he said. "Ultimately, the claims decisions are made afterwards after the year's over. We have an actuarial analysis that's completed to make sure that our our liabilities are set. So I think it's a misconception that there's this incentive uh to make that happen."

Pic says he's an "open book" for critics. "I'm certainly hopeful that I can help resolve some of the issues that have come up. Every day is a day of improvement, little by little, and hopefully we can regain the public trust in what we do."

Also on this episode, we talk about political troll Brandon Prichard directing inquiries about his organizations campaign finance disclosures to Saul Goodman, and the reality of North Dakota's three political parties.

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.

Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive

Sen. Kevin Cramer and I have had a running dispute over President Donald Trump and his approach to politics. Cramer says media critics like me are too focused on Trump's antics. I say people like Cramer are too muted in their own criticism.

"I'm a United States senator from North Dakota who has a really good personal relationship with the president of the United States," Cramer said in defense of his stance on this episode of Plain Talk, "and there is a long list of advantages for the people of North Dakota because of that relationship."

"This is not a place where you can burn a lot of bridges," he added.

Cramer also accused the news media of not being focused enough on the accomplishments of the Trump era, including tax reform.

"My complaint is not just that they aren't covering the tax cuts enough. It's that certain media outlets are so fascinated by the rants and raves of people about the evils of Donald Trump and Republicans, but they don't write about the accomplishments with the samem," he said. "In fact, they almost don't publish any of it."

He also talked about the war President Donald Trump has launched against Iran, and whether it needs congressional approval.

"In the case of the War Powers Act, there's a pretty strong argument -- it's never been tested, mind you, but pretty strong argument -- that the War Powers Act as a piece of legislation as a power that Congress has passed in law is not even constitutional," he said. "But having said that, as it stands, the War Powers Act is what requires the president to, when he does enact a kinetic conflict like we're in with Iran right now, he has 60 days in which to either get out of it or inform Congress or he can extension."

Cramer says he believes Trump should want congressional approval.

Also on this episode, Cramer talks about his efforts to improve U.S. relations with Canada, and co-host Chad Oban and I discuss the out of state money funding Together for School Meals, the ballot measure campaign to have the state cover the cost of school meals for parents.

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.

Corey Johnson is the chief of the Williston Fire Department and a candidate for the state House in District 23. Unlike one of the incumbents in District 23, state Rep. Nico Rios, who has made headlines with an ugly arrest for DUI and erratic behavior on social media, Johnson says he wants to cast his community and his region in a positive light.

"I want a representative down in Bismarck that's going to be good on the policy and work to represent Williston and the northwest region, but also somebody that's going to represent us for who we actually are and not give us that negative image that comes back on our community from time to time. That is not what Williston is," he said on this episode of Plain Talk.

Johnson is also the chair of the District 23 Republicans, and has received pushback on his candidacy from the populist faction of Republicans that has captured control of the state party, in part because he's opted to run in the June primary despite losing the endorsement at his local convention.

He said that he brought his kids to that convention, even knowing he might lose, because "I want them to see failure."

"I want them to see defeat and how you react to that and how you move forward," he continued. "But also, that is one step in the process and it didn't go the right way. It was a defeat, but it wasn't the end of the process. So, we moved on to round two and now we're going to the primary election. So, on principle, I think it's the right thing to do."

Johnson says his experience as a first responder will bring an important perspective to the Legislature. As the state is coming in to a time when revenues may be dropping, Johnson says he's for trimming budgets, but not in an across-the-board way. He also said he'd like to work on the 3% cap on property tax increases passed during the last legislative session, particularly focusing on how it impacts smaller government entities like ambulance districts.

Also on this episode, me and guest co-host Megan Indvik of Americans for Prosperity talk about the need for North Dakota to hit the reset button on its budget, how the state advances its tax code after property tax reform, and the controversy around the North Dakota Insurance Reserve Fund.

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.

Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive

When asked on this episode of Plain Talk about the justification that President Donald Trump's erratic regime of tariffs is necessary to flex America's economic might and negotiate better deals, John Bitzan, director of the Challey Institute at North Dakota State University, argued that the strategy has not worked.

"We haven't gotten better deals out of this," he said.

He pointed out that the goal of getting better deals was only used as a justification after the tariffs were already imposed. In a standard negotiation, "you tell people upfront what you're trying to negotiate...instead of putting the tariffs in place ahead of time," he said.

Bitzan stated that if you look at the roughly 20 trade deals that have been made, they "are actually less beneficial to us than what existed prior to the tariffs." Plus, it's hard to say how meaningful the supposedly beneficial parts of those deals even are. He explained that commitments from entities like the European Union or South Korea to invest in the U.S. are likely hollow because they either lack the mechanism to compel private businesses to invest, or their parliaments haven't ratified the commitments.

Recently Bitzan wrote a column for the Bismarck Tribune nothing that the State of North Dakota has had to step in with a loan program through the Bank of North Dakota to try and protect farmers from the impacts of these tariffs. "It is unusual for farmers to need this kind of support based on an action that has been taken by our government," he said.

"That's the thing that I think is very disturbing about this, is that you think about if there's a drought or some kind of a natural disaster or something like that, well, yeah, then farmers are going to experience financial difficulty and we want to help them out," he continued. "But this is a situation where we're actually causing the harm ourselves to them by our policies."

Also on this episode, me and guest co-host Matt Fern discuss Rep. Julie Fedorchak's use of congressional franking privileges to promote her re-election campaign, former state lawmaker Judy Estenson pursuing the Republican nomination in a legislative district she doesn't live in, and we respond to listener feedback.

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.

Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive