North Dakota Supreme Court
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| North Dakota Supreme Court |
|---|
|
| Sitting justices |
| Gerald VandeWalle Dale Sandstrom Mary Muehlen Maring Carol Ronning Kapsner Daniel Crothers |
| Former justices |
| North Dakota on Judgepedia |
Contents |
The North Dakota Supreme Court is the highest court of law in the state of North Dakota. The Court rules on questions of law in appeals from the state's district courts.
History
In 1861, the Supreme Court of the Dakota Territory was established in Yankton, the Territorial capital. At that time, the population of the Territory was approximately 4,800, however, the demographics of the area did not facilitate an accurate census.
The first Supreme Court of the Dakota Territory convened with chief justice, Philemon Bliss, and two associate justices, George P. Williston and Joseph L. Williams. It is interesting to note that the President of the United States was empowered to appoint the justices of the Dakota Territory; therefore, many of the early justices were directly appointed by Abraham Lincoln and Ulysses S. Grant.
The Supreme Court of the Dakota Territory continued with three justices until 1879 when another associate justice was added. The total number of justices then increased to six in 1884 and eight in 1888. A listing of the Territorial chief justices and associate justices and the dates they served follows under "See Also" (click "Territorial Justices" at the attached link).[1]
The Constitution of the State of North Dakota, adopted in 1889, provided for the organization of the state's Supreme Court with three sitting justices. (N.D. Constitution, Sec. 89).
At the first state election in October 1889, Guy C.H. Corliss of Grand Forks, Alfred Wallin of Fargo, and Joseph M. Bartholomew of LaMoure were elected as the first Justices of the Supreme Court of North Dakota. Pursuant to the Constitution, the justices' terms were determined by lot with Justice Corliss receiving a three-year term, Justice Bartholomew a five-year term, and Justice Wallin a seven-year term. The first Justices of the Supreme Court assumed office on the first Monday in November 1889. After the first election, all justices were to assume office on the first Monday in January following their election.
Approximately 20 years following its inception, the Supreme Court was increased from three to five members by Constitutional Amendment in 1908. (Constitutional Amendment, Article 10, Sec. 89). The first Constitution provided that terms of the members of the Supreme Court were to be six years. However, the length of the terms was increased to ten years by a Constitutional Amendment adopted in 1930. (1889 N.D. Constitution, Sec. 91).
If for any reason a vacancy occurs on the Court, the Constitution has given the Governor the authority to appoint someone to the position to serve two years before a general election to fill the vacancy. (N.D. Const. Art. VI, § 13).[2]
Compensation
The Constitution has provided compensation for the justices as prescribed by the legislature, which cannot be increased or diminished during the term for which a justice is elected. (1889 N.D. Constitution, Sec. 99). Initially, all justices received an annual salary of $4,000. (Rev. Code 1895, Sec. 379, and Rev. Code 1899, Sec. 379). The 1903 Legislature increased the justices' annual salary to $5,000, and it remained at that level from July 1, 1903, through June 30, 1917, when it was increased to $5,500. (1903 N.D.S.L., Ch. 194, Sec. 2 and 1917 N.D.S.L., Ch. 224, Sec. 1). By initiated measure on November 8, 1932, the annual salary for the justices was decreased to $5,000. (1933 N.D.S.L., P. 503). For easier reference, the chart on pages 22 and 23 includes legislative action concerning the salary for the North Dakota Supreme Court Justices from 1889 through 2000.
Even with the 1999 salary increase, in effect at this writing, which compensates the Chief Justice $86,172 and the Justices $83,807, the North Dakota Supreme Court Justices are among the lowest paid State Supreme Court Justices in the United States.
Demographics of the Court
During the Supreme Court's history, 48 justices have served on the Court with the length of their service ranging from a period of four and one-half months to 39 years and one month. The range of ages of the justices when they first assumed office is quite wide with Chief Justice Guy C. H. Corliss assuming office at age 31, and Justice P. O. Sathre at age 74. Three justices have assumed office after reaching age 70; four between ages 60 and 70; fifteen between ages 50 and 60; nineteen between ages 40 and 50; and nine between ages 30 and 40. It should be noted that there have been only 48 justices. However, Justice Peter O. (P.O.) Sathre served twice, once when he was 61 and again at age 74, and Justice J. Philip Johnson also served twice, once at age 36 and again at age 53.
Twenty-five justices first attained their position on the Court by elective process, whereas twenty-five came to the bench by appointment. Justice Sathre and Justice J. Phillip Johnson each served on the Court at two different intervals. Sathre was appointed to the Court in 1937 and elected in 1950. Johnson was appointed to the Court in 1974 and again in 1992.[3]
Composition of the Court
Each of the five justices are elected on a no-party ballot to ten year terms, arranged such that one seat is contested every two years. The Chief Justice is elected from the Justices every five years (or upon vacancy) by vote of the Supreme Court justices and the District Court judges.
The justices of the North Dakota Supreme Court are currently:
- Chief Justice Gerald VandeWalle
- Justice Dale Sandstrom
- Justice Mary Muehlen Maring
- Justice Carol Ronning Kapsner
- Justice Daniel Crothers
The Supreme Court is empowered to constitute a Court of Appeals consisting of a three-member panel chosen from active and retired District Court judges, retired Supreme Court justices, and lawyers. The Court of Appeals only hears cases specifically assigned to it by the Supreme Court, which is done only infrequently.
See also
External links
References
Portions of this article have been taken from Wikipedia, the free encyclopedia. Copyright Notice can be found here.
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