Editor’s note: Daniel Lamers, the editor and sole reporter for 701 Report, is employed by Heartland Law Office, the firm of attorney Patrick Waters. Waters is Daniel Lamers’ stepfather. Waters was a candidate in the race covered in this story before withdrawing, and he is the attorney representing the City of Center in the related civil case against Sherwin. Sherwin has moved to disqualify Waters from that case; the dispute is described below. Waters has no role in and no control over 701 Report’s editorial decisions, reporting, or publishing. All editorial decisions, for this story and for 701 Report in general, are made solely by Daniel Lamers.
CENTER, N.D. Patrick Waters resigned as Oliver County state’s attorney on Oct. 7, according to court filings, and says he will not serve in the office even if voters elect him in November. That leaves William Sherwin, who is being sued by the City of Center over alleged fraud, as the only candidate who has not withdrawn.
Sherwin has not been found liable for anything. State court records show no case listing him as an attorney of record since June 2016. The city’s lawsuit, which alleges fraud and civil conspiracy over city land sales, continues, and Waters remains the city’s attorney in it. Hearings are scheduled for Oct. 12, Nov. 2 and Dec. 28.
701 Report detailed the land-deal allegations in a separate story: a resale restriction changed from three years to three months on six purchase agreements, and all 11 resulting lots transferred to one LLC the city alleges Sherwin controls. Read that story here. None of the city’s allegations has been proven in court.
Key facts
- Resignation: Waters says in a sworn declaration that his resignation took effect at 5 p.m. Oct. 7
- Ballot: Sherwin beat Waters 77.78% to 21.89% in June’s primary, according to official results. Waters says he believes his name still appears on the November ballot, and the city’s brief says it does; he swears he will not seek or accept the office
- Sherwin: State court records show no case listing him as an attorney of record since June 2016
- Lawsuit: The city’s case alleging fraud and civil conspiracy against Sherwin and other defendants continues, and Waters remains the city’s attorney of record
- County meeting: Oliver County commissioners hold a special meeting at 7:30 a.m. Friday, Oct. 9, with “Oliver County State’s Attorney” on the agenda
- Next in court: Hearings are set for Monday, Oct. 12; Nov. 2; and Dec. 28
The Resignation
In an email to Oliver County’s commissioners, according to a copy reviewed by 701 Report, Waters wrote that he had been “honored to serve as the State’s Attorney for the people of Oliver County.” The email refers to a petition seeking his removal from office; the Attorney General’s office recommended against removal and the Governor declined to pursue it in September, KFYR reported. Waters then announced his decision:
Now that the removal attempt has been resolved in my favor, I hereby resign as Oliver County State’s Attorney effective immediately. Further, I hereby remove myself from consideration for election as State’s Attorney for Oliver County, and I have changed my address such that I am no longer an Oliver County resident, thereby making me ineligible to serve as Oliver County State’s Attorney.
He added that if he receives enough votes to be elected, “I will refuse that office immediately.” The email also includes a bolded, underlined statement about why he is leaving:
This decision is my own and no one else’s, no one has asked me to resign, threatened me with anything if I do not resign, my resignation is not part of some sort of deal with anyone, and I am not resigning to avoid losing an upcoming election; on the contrary, this decision is made because I have simply had enough and the benefits of holding this position are far outweighed by the negatives, making the decision to resign the obvious choice.
In a later statement sent to 701 Report, Waters thanked “the countless individuals who urged me to remain in office and continue this fight,” and described his reasons in broader terms:
The people of Oliver County deserve transparency, accountability, and honest governance, not systemic dysfunction, questionable practices, hostility, or a lack of ethical standards at the county level. I can no longer continue working within an environment that, in my view, has placed political gamesmanship and practices that undermine public trust ahead of the responsibility to serve the people.
Waters did not name specific officials or give examples, and 701 Report has not independently verified his characterizations. He said he will now focus on his private practice and that he remains “committed to serving the community as the attorney for the City of Center.”
In a declaration dated Oct. 7 and filed in the civil case under penalty of perjury, Waters states that his resignation took effect at 5 p.m. that day, that he notified the Board of Commissioners by email, and that he now lives in Burleigh County. He also swears that he will not seek, campaign for or accept the office, and that he is “no longer a political opponent of William Sherwin for that office.” A state Department of Transportation address-change confirmation attached to the filing was printed Oct. 6 and lists a Bismarck address.
Commissioners Meet Friday
Oliver County posted notice on Oct. 8 of a special meeting of the county commissioners at 7:30 a.m. Friday, Oct. 9, in person at the Oliver County Courthouse. The agenda lists a call to order, the pledge of allegiance, “Oliver County State’s Attorney,” “release documents” and adjournment. The notice says some topics may be discussed in executive session, and that discussion at the special meeting is limited to the listed topics. It does not say what the commissioners will take up under either of those two items.
701 Report has not confirmed who is serving as state’s attorney in the meantime, or how the county plans to fill the office.
The Lawsuit Is Still Moving
The resignation changes who holds the office. It does not change the lawsuit. The City of Center filed the case on Aug. 24 (Case No. 33-2026-CV-00021), alleging fraud, deceit and civil conspiracy against Sherwin, Double Agent Properties LLC and nine other defendants. In his declaration, Waters states that he is the city’s attorney of record, and in his later statement he said he remains committed to serving as the attorney for the City of Center.
Three hearings are on the calendar. On Monday, Oct. 12, the court will take up the dispute over whether Waters can continue as the city’s lawyer. A hearing on a motion to dismiss is set for Nov. 2, and a hearing on a motion for a preliminary injunction is set for Dec. 28. No allegation in the lawsuit has been decided.
The Fight Over Disqualification
Sherwin has moved to disqualify Waters from representing the city. In filings dated Oct. 7, the city asked the court to dismiss that motion as moot. The city’s brief says Sherwin’s motion and reply “framed the asserted conflict as arising entirely from the candidacy,” and quotes Sherwin as calling Waters his “direct opponent for elected office, competing for the same votes in the same county.” With the rivalry over, the brief argues, “there is no live controversy left for the Court to decide.” The city’s motion, brief and Waters’ declaration are all dated Oct. 7, the same day his resignation took effect.
The brief also says the city still believes the motion was “wholly without merit, was nothing more than an attempt to delay these proceedings, was not brought in good faith, and would have been denied following a hearing.” Those are the city’s assertions. The brief anticipates that Sherwin may argue Waters’ withdrawal was voluntary and so cannot end the dispute, and says it does not.
That is the city’s description of Sherwin’s motion and reply. 701 Report has not yet reviewed them directly, and has not yet heard from Sherwin or his attorney about the filings. Rob Port, who founded the political blog Say Anything and has described himself as a blogger, wrote in an opinion column that Sherwin’s attorney, Katie Winbauer, argues Waters should be disqualified under Rule 1.7 of the North Dakota Rules of Professional Conduct, which covers conflicts of interest. Port also wrote that Sherwin argues in court filings that Waters is using his role as city attorney and the court system as a “potent weapon” to brand him as fraudulent and hurt his candidacy. 701 Report has not verified Port’s account of those filings. Waters has denied that the lawsuit has anything to do with the election.
A License, Rarely Used
North Dakota state court records show no case, criminal or civil, in which Sherwin appears as attorney of record since June 2016. A criminal-case search returned zero results; a civil, family, and probate search turned up 17 cases, all filed between November 2015 and June 2016, mostly foreclosure and collection matters for the state Department of Labor. Records show nothing since. 701 Report separately searched the North Dakota Supreme Court’s case portal covering October 2015 through October 2026 and found no appellate cases involving Sherwin either. Court records don’t capture all legal work, since transactional practice like contracts or closings wouldn’t show up here, but they do establish that Sherwin hasn’t appeared in a North Dakota courtroom, at the trial or appellate level, as an attorney in roughly ten years.
Sherwin’s LinkedIn profile, reviewed independently by 701 Report, shows what he has done in that time instead. He has been executive director of the North Dakota Dental Association since September 2017. From August 2017 to October 2025, he was co-founder and managing partner of Triton Investments LLC, an investment firm. From June 2016 to December 2017, he was general counsel and a registered lobbyist for APT Inc., representing the North Dakota Towing Association during the 65th Legislative Assembly. None of that work appears to have involved courtroom litigation.
Waters, who was then Sherwin’s opponent in the race, was asked by 701 Report before his resignation whether Sherwin had ever practiced law. “To my knowledge, he’s never actually practiced law,” he said, adding that “there’s no record of him ever making a court appearance in a North Dakota court.” Waters said Sherwin faces a treble-damages claim in the civil case because he holds a law license, “for no other reason.”
Response
William Sherwin did not respond to questions 701 Report emailed him before its first story published. 701 Report also emailed his attorney, Katie Winbauer, for comment on the city’s filings shortly before publication and will update this story if she responds. Waters’ statements in this story come from his resignation email, a later written statement, his sworn declaration and the city’s brief, and from an interview with 701 Report before his resignation.
What happens next
Oliver County’s commissioners meet Friday, Oct. 9. The first court hearing is Monday, Oct. 12. For full detail on the underlying land-deal allegations, read our original story here.
This story references allegations in a civil lawsuit and arguments in court filings that have not been decided by a court. No party discussed in this story has been found liable for, or guilty of, anything.
Have information about this story? Email editor@701report.com.
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