Judge orders Rep. Dockter to work with homeless, pay fine

A judge ordered a state representative to do 250 hours of community service and pay a $2,500 fine after his conviction for a conflict-of-interest misdemeanor.

Rep. Jason Dockter, R-Bismarck, was found guilty Friday by a 12-person jury of voting on legislation he had a financial interest in.

“Maybe you can see how the other side lives, Mr. Dockter,” South Central District Court Judge Bobbi Weiler told the representative after handing down the sentence.

Dockter had helped the Attorney General’s Office secure a lease at a building in south Bismarck. The building at the time was already partially rented by the Department of Health. A company Dockter has partial ownership of later bought the property, and acquired both leases. Dockter then voted on the Attorney General’s Office and Department of Health budgets, which led to the criminal charge.

Jury finds Rep. Dockter guilty of misdemeanor conflict-of-interest charge

Dockter returned to the Bismarck courthouse on Thursday morning for his sentencing hearing.

Prosecutor Ladd Erickson asked in his sentencing recommendation to Weiler that Dockter only pay $325 in court fees. He said that Dockter had no prior criminal record, and that he believed the North Dakota Ethics Commission would be the appropriate agency to decide whether further penalty was warranted. 

Dockter’s attorney, Lloyd Suhr, said during the hearing that he agreed with Erickson’s recommendation.

Weiler asked Dockter if he had anything to say before she made her decision. He declined. 

Weiler said she was hoping Dockter would have taken the opportunity to apologize to North Dakota residents, whose taxes helped pay for the deal.

“I look at this as the citizens of North Dakota being the victims and being taken advantage of,” Weiler said.

Weiler noted the fine was only a fraction of the amount of money Dockter stood to make off the business deal.

The representative declined to comment after the hearing.

“We respect the sentence of the Court just as we respect the decision of the jury. Mr. Dockter has worked with Ministry on the Margins in the past and welcomes the opportunity to do so again in accordance with the terms of the sentence,” Suhr wrote in an email to the North Dakota Monitor, referring to a Bismarck organization that works with the homeless.

Dockter has six months to complete the community service, which Weiler stipulated the representative would spend serving Bismarck’s homeless community. Dockter will also have to pay court fees.

Dockter is eligible for the conviction to stay off his permanent record, Weiler said.

Dockter has 30 days to appeal the conviction that came on May 3.

Suhr said Thursday that Dockter has not yet made a decision on whether he will appeal.

Dockter’s conviction could have implications for the way the state government handles conflicts moving forward.

House Majority Leader Mike Lefor, R-Dickinson, in a Wednesday letter asked Rep. O’Brien, chair of the Legislative Audit and Fiscal Review Committee, to launch a study of North Dakota’s conflict-of-interest regulations. 

That includes everything from constitutional laws, to legislative rules, state statutes and rules adopted by the Ethics Commission, Lefor wrote in the letter.

“In its review of provisions related to conflicts of interest, the committee shall strive to correct inconsistencies among various provisions to ensure uniformity, clarify ambiguous language, and report its findings and recommendations to the Legislative Management,” the letter wrote.

Both O’Brien, R-Grand Forks, and Lefor have said they disagree with Dockter’s conviction.

This story has been updated with comment from Lloyd Suhr and next steps for the North Dakota Legislature.