Bismarck lawmaker on trial Friday for ethics-related charge

A judge overseeing the upcoming trial of a state lawmaker for an ethics-related misdemeanor charge is weighing how to handle votes made by the lawmaker in 2021.

McLean County State’s Attorney Ladd Erickson in December charged Rep. Jason Dockter, a Bismarck Republican, with a crime alleging the lawmaker broke a state law for voting on legislation he had a financial interest in.

The case is tied to a Bismarck building partly owned by Dockter and leased to the Attorney General’s Office, as well as the North Dakota Department of Health.

The lease to the AG’s office was pursued by former Attorney General Wayne Stenehjem’s administration. Dockter, a friend and former campaign treasurer for Stenehjem, helped facilitate the lease with the state, a report by the state auditor showed. Stenehjem died in office in 2022.

The representative has pleaded not guilty to the misdemeanor charge. His attorney has previously declined interview requests.

Bismarck lawmaker charged with conflict of interest crime

Dockter voted twice in support of the Attorney General’s Office budget and twice in support of the Department of Health budget during the 2021 regular session, according to the Legislature’s website.

He voted on the Department of Health budget again in 2023, but was absent for votes on the Attorney General’s Office budget that year.

Dockter did not vote on the Attorney General’s Office bill in 2023 because Ethics Commission Executive Director Rebecca Binstock told him not to, Erickson said during a Monday hearing. At the time, Binstock was not aware that Dockter had leased part of the building to the Department of Health, Erickson said.

Dockter’s attorney, Lloyd Suhr, argued that Dockter cannot be tried for the 2021 votes because they fall outside the state’s two-year statute of limitations for the prosecution of misdemeanors.

Instead, the judge should analyze the 2021 votes according to rules governing alleged prior bad acts, Suhr said.

Erickson disputed Suhr’s interpretation, claiming that the 2021 votes count as part of Dockter’s alleged crime because by that point he already had a financial interest in the property.

“This is all one concerted issue, and the votes in 2021 are relevant to show intent, motive, those types of things,” Erickson said.

Judge Bobbi Weiler took the matter under advisement.

The allegations against Dockter were referred to Erickson for prosecution by the North Dakota Ethics Commission.

The case is scheduled for a 12-person jury trial on Friday beginning at 9 a.m. in the Burleigh County Courthouse.

Witnesses expected to appear during the trial include:

• Rebecca Binstock, executive director of the North Dakota Ethics Commission
• John Bjornson, director of Legislative Council
• Josh Gallion, state auditor
• John Boyle, director of the Facility Management Division of the Office of Management and Budget
• Lonnie Grabowska, director of the North Dakota Bureau of Criminal Investigation
• Rob Port, a columnist for Forum Communications, who interviewed Dockter for a podcast episode

Suhr asked during Monday’s hearing that Binstock not be allowed to divulge specifics about open ethics complaints against Dockter during the trial on the grounds that those investigations are outside the scope of the case.

Complaints against public officials submitted to the Ethics Commission are generally confidential unless the commission finds them substantiated and the accused has an opportunity to appeal.

Lawmaker criticizes criminal prosecution of Jason Dockter

Erickson indicated Binstock will not go into detail about those complaints.

“I just need to have her brief testimony that she’s executive director, and based on that, had complaints to follow up on that may have led to a criminal referral,” he said.

Suhr also expressed concerns that one day may not be enough to try the case.

Weiler indicated she may limit the length of opening and closing arguments in order to ensure the trial wraps up on time.

Forum Communications objected to the subpoena of Port, The Forum of Fargo-Moorhead reported. Judge Weiler said during the hearing she is not granting a request to quash the subpoena, but will allow Port to testify to establish the foundation of a podcast interview with Dockter.