North Dakota Lawmakers Vote to Hire Outside Counsel for Term Limits Lawsuit

The Legislative Assembly will be represented by two outside lawyers in a lawsuit over a ballot measure that would impact voter-approved legislative term limits.

Jan. 28, 2026 at 4:31pm

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The North Dakota Legislative Assembly has voted to hire outside counsel to represent them in a lawsuit over a ballot measure that would impact the state's voter-approved legislative term limits. The lawsuit was filed after the legislature passed a constitutional resolution that would change the term limits. The decision to hire outside lawyers, rather than using the Legislative Council and Attorney General's office, was made by the Legislative Management committee in a closed-door executive session.

Why it matters

This case highlights the ongoing debate over term limits in North Dakota, with the legislature seeking to modify the voter-approved measure through legal action. The decision to hire outside counsel rather than relying on the state's own legal resources raises questions about the legislature's confidence in its position and the potential political motivations behind the move.

The details

The Legislative Management committee voted 16-1 to hire outside counsel to represent the legislature in the term limits lawsuit. Typically, such legal matters are handled by the Legislative Council and the North Dakota Attorney General's Office. However, the committee decided to bring in two outside lawyers to handle the state's defense of the constitutional resolution passed by the legislature. House Minority Leader Zac Ista expressed disagreement with the legislature's actions, stating that he believes the legislature's own legal resources are sufficient to defend the case and that hiring outside counsel adds unnecessary cost.

  • The Legislative Management committee met on Tuesday, January 28, 2026, to discuss the lawsuit.
  • The committee voted to hire outside counsel during this meeting.

The players

North Dakota Legislative Assembly

The state legislature of North Dakota, which voted to hire outside counsel to represent them in the term limits lawsuit.

Zac Ista

The House Minority Leader in North Dakota, who expressed disagreement with the legislature's actions in passing the constitutional resolution and hiring outside counsel.

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What they’re saying

“Both because of the risk of a lawsuit challenging it and because it violates the voters' desires on term limits even if a court rules the legislature acted lawfully in referring the measure to the ballot.”

— Zac Ista, House Minority Leader

“Even if it is proper for the legislature to vigorously defend its position, I believe our own Legislative Council attorneys and the AG's office have the best expertise to do so and that we don't get much extra value from the extra cost of retaining outside counsel.”

— Zac Ista, House Minority Leader

What’s next

The judge in the case will decide on the legislature's request to hire outside counsel and the merits of the term limits lawsuit in the coming months.

The takeaway

This case highlights the ongoing tensions between the North Dakota legislature and voters over the issue of term limits, with the legislature seeking to modify the voter-approved measure through legal action. The decision to hire outside counsel rather than relying on the state's own legal resources raises questions about the legislature's confidence in its position and the potential political motivations behind the move.