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.
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Recent Decisions From the North Dakota Supreme Court
Date: March 7, 2024
Citation: 2024 ND 44
Docket Number: 20230127
Justia Opinion Summary: The Supreme Court of North Dakota reviewed a case involving Donovan Meuchel, a member of Red Trail Energy, LLC, who requested information from the company after it solicited bids for a project and his company's bid was…
Date: March 7, 2024
Citation: 2024 ND 42
Docket Number: 20230253
Justia Opinion Summary: The case involves Kimberly Ann Henderson, who was convicted of exploitation of a vulnerable adult and attempted theft. Henderson worked for Home Helpers, an agency that assists elderly people. During her time there, she…
Date: March 7, 2024
Citation: 2024 ND 40
Docket Number: 20230280
Justia Opinion Summary: The case involved David Papenhausen, who sustained an injury when his foot fell through a hole concealed by a layer of ice and snow on an oil well site operated by ConocoPhillips Company and Burlington Resources Oil &…
Date: March 7, 2024
Citation: 2024 ND 38
Docket Number: 20230336
Justia Opinion Summary: Zachary Archambault appealed from a district court order denying his application for postconviction relief, arguing that his trial attorney provided ineffective assistance of counsel. Archambault had been found guilty of…
Date: March 7, 2024
Citation: 2024 ND 37
Docket Number: 20230354
Justia Opinion Summary: The case revolves around Lawrence Weber, who was arrested for driving under the influence of alcohol (DUI). Weber's driving privileges were suspended for 180 days by a North Dakota Department of Transportation hearing…
Date: March 7, 2024
Citations: 2024 ND 36, 2024 ND 9
Docket Numbers: 20230377, 20230378
Date: March 7, 2024
Citation: 2024 ND 43
Docket Number: 20230404
Justia Opinion Summary: In this case, J.C.P., the father of A.P., appealed a juvenile court's decision to terminate his parental rights. The child had been placed in protective custody due to his negligence and was adjudicated in need of…
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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