North Dakota Supreme Court

North Dakota Supreme Court. The North Dakota Supreme Court is the court of last resort and the highest appellate court in the U.S. state of North Dakota. Its rulings are final on all matters of state law, subject only to discretionary review by the Supreme Court of the United States on issues of federal law. The court, established upon statehood in 1889, primarily hears appeals from the North Dakota District Courts and exercises general administrative authority over the state's unified judicial system.

History

The court was established by Article IV of the North Dakota Constitution, which was ratified alongside the Enabling Act of 1889 granting statehood. The first justices, including Chief Justice Guy C. H. Corliss, were elected in October 1889. Early sessions were held in various locations, including the original territorial capitol building in Bismarck. A significant evolution occurred with the 1976 adoption of a unified judicial system, consolidating oversight of all lower courts under the Supreme Court's administrative authority. The court's physical home has been the North Dakota State Capitol complex, with its current chambers in the North Dakota Judicial Wing completed in the early 21st century.

Composition

The court consists of five justices, including one who is selected by the court to serve as Chief Justice. Justices are elected in statewide nonpartisan elections to ten-year terms; vacancies between elections are filled by gubernatorial appointment from a list of candidates provided by the Judicial Nominating Committee. To be eligible, a candidate must be a licensed attorney admitted to practice in North Dakota for at least five years. The current justices, as of 2023, are Chief Justice Jon J. Jensen, and Justices Lisa Fair McEvers, Daniel J. Crothers, Jerod E. Tufte, and Douglas A. Bahr.

Jurisdiction and powers

The court possesses mandatory appellate jurisdiction over final judgments from the North Dakota District Courts in civil and criminal cases, and from decisions of state administrative agencies like the North Dakota Public Service Commission. It exercises discretionary jurisdiction, through the grant of petition for review, over interlocutory appeals and certain decisions from the North Dakota Court of Appeals. The court also has original jurisdiction to issue writs, such as habeas corpus, mandamus, and prohibition. As the head of the unified judicial system, the court promulgates the North Dakota Rules of Court, oversees the State Bar Association of North Dakota, and administers attorney discipline through the Disciplinary Board of the Supreme Court.

Notable cases

In *Kelsh v. Jaeger*, the court upheld the state's legislative redistricting plan against a constitutional challenge based on the one person, one vote principle. The case of *Fischer v. Fischer* established important precedents in equitable distribution and spousal support under North Dakota's no-fault divorce laws. In *State v. Wamre*, the court grappled with the admissibility of confessions and the right to counsel under the North Dakota Constitution. More recently, *Benson v. North Dakota Department of Transportation* interpreted state implied consent laws following a United States Supreme Court decision in *Birchfield v. North Dakota*.

Chief justices

The position of Chief Justice is primarily administrative, tasked with presiding over court conferences and overseeing the Administrative Office of the Courts. Notable Chief Justices include the inaugural, Guy C. H. Corliss, and William L. Nuessle, who served during the Great Depression and World War II. Ralph J. Erickstad presided over the court during the implementation of the unified judicial system. Recent Chief Justices include Gerald W. VandeWalle, the longest-serving in state history, and his successor, the current Chief Justice Jon J. Jensen, who previously served as a judge on the South Central Judicial District.

Category:North Dakota Supreme Court Category:State supreme courts of the United States Category:1889 establishments in North Dakota