A North Dakota judge is deciding whether state law gives private livestock groups unconstitutional influence over the board that spends cattle checkoff money.
South Central Judicial District Judge Jackson Lofgren heard arguments Monday from the state and the Ranchers Rights Initiative. The group and ranchers Kenneth Graner, Michael Heaton and Jeremy Maher filed the lawsuit last year.
The governor appoints all nine Beef Commission members. State law directs the governor to choose three beef producers from candidates submitted by the North Dakota Stockmen’s Association. The association’s feeder council and two other industry groups submit candidates for three additional seats. The governor selects the remaining three members at large.
The ranchers argue the system favors members of those organizations. They also challenge a provision that excludes producers who received a state checkoff refund during the previous three years.
State attorney Zachary Pelham says association membership is not required and qualified producers can seek at-large seats. The state also argues the plaintiffs lack legal standing and filed their claims too late.
The commission reported about $1.5 million in net assessment revenue during its 2024-25 budget year. It directs those funds toward beef promotion, education and research.
Lofgren took the case under advisement and said he will issue an opinion as quickly as possible.
The North Dakota Montior is covering this case closely, with courtroom analysis. Read more online at NorthDakotaMonitor.com.
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