North Dakota Supreme Court Decisions
The North Dakota Supreme Court began its history as the Supreme Court of the Dakota Territory in 1861. The size of the court varied between three and eight justices until the adoption of the North Dakota Constitution in 1889. While the Constitution initially set the size of the Court at three justices, a constitutional amendment in 1908 increased it to five justices, which is the size that it remains today. Each justice serves a 10-year term, as provided by a constitutional amendment in 1930.
Under the North Dakota Constitution, the Supreme Court holds general appellate jurisdiction as well as the authority to issue any writs that are needed to exercise its jurisdiction. It also holds the authority to form a three-member panel, known as a Court of Appeals, to hear cases that the Supreme Court assigns to it when the need arises. The Supreme Court chooses the members of the Court of Appeals from retired Supreme Court justices, current or retired lower court judges, and lawyers. A study by Stanford University in 2012 found that the Court is the second-most conservative state supreme court in the U.S.
To serve on the North Dakota Supreme Court, a candidate must be a U.S. citizen and a resident of North Dakota. They also must be “learned in the law.” Candidates run for seats on the Court in non-partisan elections. This means that voters do not see the political affiliation of a candidate on the ballot. Elections are staggered so that one judge is elected every two years. However, if a vacancy arises, the Governor of North Dakota has the authority to appoint a replacement justice. This justice will serve for up to two years until the general election, in which they can run to retain their seat. The justices of the North Dakota Supreme Court and the District Court judges vote to elect the Chief Justice every five years, or when a vacancy arises.
- 2024 (75)
- 2023 (248)
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- 2021 (241)
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- 2018 (274)
- 2017 (291)
- 2016 (255)
- 2015 (303)
- 2014 (239)
- 2013 (253)
- 2012 (262)
- 2011 (242)
- 2010 (500)
- 2009 (436)
- 2008 (472)
- 2007 (326)
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- 2005 (340)
- 2004 (208)
- 2003 (202)
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- 1999 (249)
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- 1996 (255)
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- 1982 (192)
- 1981 (195)
- 1980 (167)
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- 1970 (67)
- 1969 (52)
- 1968 (60)
- 1967 (70)
- 1966 (92)
- 1965 (74)
- 1964 (66)
- 1963 (52)
- 1962 (44)
- 1961 (48)
- 1960 (43)
- 1959 (55)
- 1958 (52)
- 1957 (76)
- 1956 (75)
- 1955 (68)
- 1954 (54)
- 1953 (51)
- 1952 (53)
- 1951 (35)
- 1950 (55)
Recent Decisions From the North Dakota Supreme Court
Date: April 19, 2024
Citation: 2024 ND 71
Docket Number: 20230212
Justia Opinion Summary: The case revolves around a fatal collision that occurred in May 2016 when Lyle Lima, who was legally blind, drove his truck into a horse-drawn hay trailer on a highway, resulting in the death of one passenger and…
Date: April 19, 2024
Citation: 2024 ND 72
Docket Number: 20230272
Justia Opinion Summary: The case involves William Schmidt, an employee of Tesoro Logistics, who was injured while working at a site owned and operated by Hess Corporation. Schmidt claimed that Hess required him to use breathing air equipment,…
Date: April 19, 2024
Citation: 2024 ND 74
Docket Number: 20230299
Justia Opinion Summary: Michael Fuglesten was charged with driving under the influence of intoxicating liquor after a police officer entered his garage without a warrant. The officer had responded to a 911 call about a truck repeatedly driving…
Date: April 19, 2024
Citation: 2024 ND 68
Docket Number: 20230306
Date: April 4, 2024
Citation: 2024 ND 65
Docket Number: 20230194
Justia Opinion Summary: The case involves a dispute between Keisha Kemmet and Lindell Kemmet, who were married in September 2016 and separated in June 2021. The main issues in the case revolve around the distribution of marital property…
Date: April 4, 2024
Citation: 2024 ND 66
Docket Number: 20230207
Justia Opinion Summary: Tevin Dewayne Freeman was charged with the murder of Erica L. Herrera, a class AA felony, in October 2020. The case was brought to trial in November 2022. The prosecution's witnesses included the 911 dispatcher who…
Date: April 4, 2024
Citation: 2024 ND 62
Docket Number: 20230274
Justia Opinion Summary: The case involves Laura Cote and Adam Cote, who were divorced in November 2022. The divorce agreement prohibited exposing their children to felons and known sex offenders. However, Laura Cote began dating Steven…
Date: April 4, 2024
Citation: 2024 ND 52
Docket Number: 20230283
Justia Opinion Summary: Whitetail Wave LLC, a Montana Limited Liability Company, sued XTO Energy, Inc., a Delaware corporation, the Board of University and School Lands of the State of North Dakota, the State of North Dakota, and the Department…
Date: April 4, 2024
Citation: 2024 ND 67
Docket Number: 20230316
Justia Opinion Summary: In April 2021, Jaime Urrabazo was found guilty of delivering a controlled substance by a jury. While his appeal was pending, Urrabazo filed his first application for postconviction relief, which was dismissed after he…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
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