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mar 04 final

VIEWS: 193 PAGES: 37

									                                                                                           MARCH 2004 • VOLUME 51, NUMBER 1
 CALENDAR OF EVENTS &
 CLE SEMINARS
 March 26, 2004
 Bankruptcy Seminar,Alerus, Grand Forks
 April 14, 2004
 DUI/Traffic Case Law Update IVN
 Interactive Video Sites in ND
 April 16, 2004
 Joint Attorney Standards Committee
 April 24, 2004                                                                        Official Publication of the State Bar Association of North Dakota
 Board of Governors Meeting
 April 30, 2004
 Admin/Gov Section Seminar, Bismarck               FEATURES
 May 1, 2004                                       Questions and Answers With SBAND President Maureen (Mo) Holman . . . . . . . . . . . . . . . . . . .2
 Run for Justice/ Law Day                          Pro Bono Service:
 May 20, 2004                                       ABA Helps You Assist in Your Community’s Preparation of Tax Forms . . . . . . . . . . . . . . . . . . .3
 Criminal Law IVN, Interactive Video Sites in ND
                                                   Memorials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
 June 2004 (Summer 2004, dates TBA)
 GAL/CIT Initial Training (18 Hours)               2003 Annual Meeting Highlights and Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
 Interactive Video Sites in ND                     ABA Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
 June 8, 2004                                      A Personal Overview of the North Dakota Legal System
 Joint Attorney Standards Committee                  in the Last Half of the Twentieth Century . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
 June 8-11, 2004                                   Young Lawyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
 SBAND Annual Meeting
 Ramada Plaza Suites, Fargo                        Goodbye LAND, Hello LSND! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
 July 31, 2004                                     SBAND Membership Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
 Reporting Group 2 Reports of Compliance Due       SBAND Committee Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
 August 6, 2004
 Joint Attorney Standards Committee                DEPARTMENTS
 August 18, 2004                                   Ethics & Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
 Free Ethics IVN, Interactive Video Sites in ND
                                                   News and Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
 September 8-10, 2004
 Transformative Mediation/ Civil (40 hours)
 SBAND, Bismarck
 September 13-15, 2004
 Transformative Mediation/ Civil (cont.)
 SBAND, Bismarck
 September 24, 2004
 Joint Attorney Standards Committee
 October 4, 2004
 Professionalism for New Bar Admittees                                                                               State Bar Association of North Dakota Officers
 ND Heritage Center, Bismarck                                                                                                 President: Maureen Holman, Fargo
 October 15, 2004                                                                                                          President-Elect: Sherry Moore, Bismarck
 UND Homecoming Seminar                                                                                                   Secretary-Treasurer: Timothy P. Hill, Fargo
 Hilton Garden Inn, Grand Forks                                                                                           Immediate Past President: Gary Lee, Minot
 October 21-22 2004
                                                                                                                            ABA Delegate: James S. Hill, Bismarck
 Bench and Bar Seminar, Bismarck, location TBA                                                                                       Board of Governors:
                                                                                                                   Lawrence E. King, Bismarck; Steven E. McCollough, Fargo
 November 18-19, 2004                                                                                                 Stephen McLean, Oakes; David L. Petersen, Grafton
 Family Law Section Seminar,                                                                                        Jason Vendsel, Minot; Alexander Reichert, Grand Forks
 Bismarck, location TBA                                                                                                         Randall N. Sickler, Dickinson;
 November 19, 2004                                         P.O. Box 2136                                                  Candace Zierdt, Interim Dean, Grand Forks
 Joint Attorney Standards Committee                   Bismarck, ND 58502                                                  Executive Director: Christine Hogan
 December 2-3, 2004                                        701-255-1404                                    The Gavel is published by the State Bar Association of North Dakota
 Real Property, Probate & Trust Law Section         Toll free: 1-800-472-2685                                     515 1/2 East Broadway Avenue, Bismarck, ND 58501
 Seminar, Radisson Inn, Fargo                            www.sband.org                                                   E-mail the editor: christine@sband.org
 All dates subject to change.
                                                   Statements or opinions expressed herein are those of the authors, and do not necessarily reflect those of the State Bar Association of
                                                   North Dakota, its officers, Board of Governors or staff. No endorsement of any product or service offered by any advertisement is
                                                   intended or implied by publication in The Gavel. Contributions to The Gavel are welcome, but the right is reserved to select material
                                                   to be published. All members of the Association receive The Gavel as part of their annual fees. Annual subscription price to non-
                                                   members is $25. Third class postage paid at Bismarck, North Dakota, 58502.

The Gavel      March 2004                                                                                                                                                                                         1
                                                   FROM THE PRESIDENT

             Questions & Answers With
        SBAND President Maureen (Mo) Holman
                                                      Your President At A Glance
SBAND: Mo, tell us about your early years.
                                                      Best advice you ever received: Everything in modera-
Where were you born? Where did you attend
                                                      tion.
school? Who influenced you to become an
                                                      Worst habit: Leaving things until the last minute –
attorney?
                                                      although I prefer to think of it as trying to fit too many
Mo: I was born in Fridley, Minnesota, but             things into too short a period of time.
primarily grew up in Sioux Falls, South
                                                      Best things about being an attorney: Helping real peo-
Dakota. I graduated from the University of
                                                      ple face real problems. Even though a divorce practice
Nebraska in 1973, with a degree in social
                                                      can be extremely stressful, the rewards are many when
work. I worked as a social worker in
                                                      you see a client successfully navigate the troubled
Nebraska, Dallas and Fargo, primarily doing
                                                      waters of a divorce action.
child abuse and neglect work. I didn’t decide
to go to law school until 1980. My younger            Favorite junk food: Anything sweet.
sister, who is a lawyer in Minnesota, encour-
                                                      Favorite recreational activity: I love outdoor activities such as golf, skiing and gener-
aged me to attend law school. I discussed the
                                                      ally enjoying the flora and fauna of the outdoors. I profess no skills at any of such
idea with then State’s Attorney, Cynthia
                                                      activities.
Rothe, who also encouraged me. I took the
LSAT simply to see whether I could get                How do you want people to remember you: As an optimistic person who loves and
admitted, and was pleasantly surprised when           enjoys her family, her profession and her friends.
I did. Going to law school was one of the best
decisions I ever made.
                                                   player. He is a computer geek and we are try-      SBAND: What would like to accomplish dur-
SBAND: What did you do after graduating                                                               ing your tenure as president?
                                                   ing to help him find a college that will let him
from law school and in what areas of law have
                                                   explore his interests in both business and         Mo: My focus will be on maintaining and
you practiced?
                                                   computers.                                         enhancing the health of the bar and its mem-
Mo: I have worked at the Serkland Law Firm                                                            bers. A dues increase will be necessary and I
in Fargo since graduating from law school.         SBAND: Why did you want to become presi-           hope to answer the members’ questions about
Initially, my case load consisted of family law    dent of the North Dakota State Bar                 the dues increase. I also want to see to it that
and civil defense litigation. Over the last sev-   Association?                                       we establish programs that will assist indi-
eral years, however, I have solely practiced in                                                       vidual attorneys, both financially and when
                                                   Mo: I have been involved in Bar activities
the area of family law. Additionally, I provide                                                       they are having emotional or addiction prob-
                                                   since my partner, Jack Marcil, was president
mediation services in family law cases.                                                               lems. Much of my work will be dedicated to
                                                   in SBAND and encouraged my involvement. I
                                                   greatly enjoyed my work with the CLE               seeing to it that programs suggested by my
SBAND: Tell us about your family.                                                                     predecessors become reality.
                                                   Commission, Disciplinary Board and the
Mo: I have been married for 30 years to my         Board of Governors. I always thought about
extremely supportive husband, Brent, who is        running for president, but decided to do it        SBAND: What issues facing the legal profes-
a pediatric dentist in Fargo. Our son, Josh is     when I knew my husband was going to be             sion will you focus upon during your year as
21 and a junior at the University of Michigan.     president of the North Dakota Dental               president?
He plays euphonium in the marching band            Association. I thought our joint presidencies
and writes sports for the Michigan Daily.          would be a good example of how profession-         Mo: The legal profession as a whole is hurt-
Without any urging from me, he has                 als should donate time to their organizations,     ing because of budget cuts on both the
expressed an interest in becoming an attor-        and to show that it is possible to be involved     Federal and State level. We as an association
ney. My son, Zach, is 18 and will be a senior      in a Bar organization and still maintain a         will have to be vigilant to ensure the budget
at Fargo South. He plays soccer and is active      career and family commitments.                     cuts do not impair the bench and bar’s obli-
in the jazz band and band as a trumpet                                                                gation to defend liberty and pursue justice.


2                                                                                                                           The Gavel     March 2004
PRO BONO SERVICE:                                                              MEMORIALS
ABA Program
Helps You Assist in Your                          The State Bar Association has contributed to the North Dakota Bar Foundation
                                                  in memory of Judge Harold Herseth, who passed away on November 19, 2003;
Community’s Preparation                           Doug Cilz, who passed away on October 10, 2003; Thomas B. Jelliff, who
of Tax Forms                                      passed away on October 7, 2003; Damon Anderson, who passed away on
                                                  June 1, 2003; Richard Schnell, who passed away on October 5, 2003.
This year, the Pro Bono Committee of the Tax      The Honorable Chief Justice Gerald W.VandeWalle has contributed to the North
Section of the American Bar Association is
                                                  Dakota Bar Foundation in memory of Mary Burdick and Judge Harold
raising the level of participation in the IRS’s
                                                  Herseth.
Volunteer Income Tax Assistance (“VITA”)
program.                                          The Grand Forks County Bar Association has contributed to the North Dakota
                                                  Bar Foundation in memory of Douglas A.Cilz, Thomas B. Jelliff, and Damon
The VITA Program is a valuable community          Anderson.
asset as many taxpayers are in need of assis-
tance in preparing and filing their returns.      The Camrud, Maddock Olson & Larson Ltd. law firm has given a donation in
The complexities of the tax law frustrate         memory of Doug Cilz.
many low-income, elderly, disabled, and           The Honorable Dale Sandstrom and the Honorable Gail Hagerty contributed to
Limited English Proficient taxpayers' efforts     the North Dakota Bar Foundation in memory of Elmer J. DeWald and Paul
to complete their own returns, and many           Graff.
taxpayers forgo refunds to which they're
entitled because they don't file a return, or     The Consensus Council, Inc. has contributed a memorial to the North Dakota
they file an erroneous return.                    Bar Foundation in memory of Chief Justice Ralph Erickstad.

Because commercial tax preparers are not a
viable option for low-income taxpayers, the
VITA Program provides a location where
these taxpayers can come for assistance.
Members of the community – including pro-
                                                   Experience You Can Trust
fessionals, students, and other volunteers –        Mediation and Dispute Resolution Services
donate their time to help these less-fortunate
taxpayers complete their returns. Please             Rebecca S. Thiem is a civil practice attorney with 20 years
check www.abanet.org/tax/vita for VITA               of litigation experience with Zuger Kirmis & Smith law
location information, including when and             firm in Bismarck. Rebecca is a qualified neutral with 30
how to volunteer at those locations.                 hours of mediation training provided by the Mediation
                                                     Center for Dispute Resolution at Hamline University. She
                                                     mediates cases in all areas of civil litigation, including:
For more information on this and other tax
                                                         • Personal Injury • Estates
pro bono projects, please visit
                                                         • Employment          • Commercial
www.abanet.org/tax/groups/probono.

                                                                             Daniel S. Kuntz is a civil practice attorney with over 20
                                                                             years of civil practice and administrative law experience. Dan
                                                                             is a qualified neutral having completed mediation training
                                                                             co-sponsored by St. Olaf College and U.S. Mediation and
                                                                             Arbitration of Minnesota. He mediates civil disputes in the
                                                                             areas of:
                                                                                • Commercial             • Construction
                                                                                • Personal Injury        • Government Agency


                                                                    ZUGER KIRMIS & SMITH
                                                            316 N. Fifth Street, P.O. Box 1695, Bismarck, ND 58502-1695
                                                                          701-223-2711 • Fax: 701-223-7387
                                                                       rthiem@zkslaw.com • dkuntz@zkslaw.com

The Gavel    March 2004                                                                                                                       3
                                                     2003 ANNUAL MEETING

                                 Looking Back… it was BULLY!
                            2003 Annual SBAND Meeting in Medora
Jack Lefor, Dickinson




                                                                            Chief Justice
                                                                            Vandewalle receives the
                                                                            Paul C. Reardon Award
                                                                            from National Central
                                                                            State Courts.




                                 Take a few moments to enjoy highlights
                                    from the State Bar Association’s 2003
                             Annual Meeting in Medora, North Dakota…



                        4                                                   The Gavel   March 2004
                                                          Attorneys Honored

Seven Attorneys Honored for
Outstanding Community Service at Law School Luncheon
                                                   them. Law enforcement alone is not nearly        East Central Judicial District
                                                   enough to combat this problem.                   Anna Frissell
                                                   Whelan began her law career in Hettinger,
                                                   North Dakota, in 1993. She later became          While in law school Anna Frissell had the
                                                   assistant States Attorney in Walsh County        opportunity to clerk for the Cass County
                                                   from 1997 to 1998, and she was elected           State’s Attorneys Office. During the clerkship,
                                                   Pembina County States Attorney in 1999. She      she acted as the victim advocate for the fam-
                                                   and her husband Doug Whelan have one             ily members and witnesses of an alleged
                                                   daughter, Grace. Congratulations, Barb.          negligent homicide case taken to a grand
                                                                                                    jury. Since that case Anna has worked with
                                                   Northeast Central Judicial District              the victims and witnesses of crime, includ-
Dave Petersen, NE District President, presents     Darrell Larson                                   ing working for the ND Attorney General’s
plaque to Barbara Whelan.                                                                           Office and prosecuting in Burleigh County.
                                                   Darrell Larson has given extensive time to       With each position came new opportunities
Northeast Judicial District                        the Grand Forks community over many              to learn about and become involved with
Barbara Whelan                                     years, and has been active in community          crime victim issues.
                                                   building projects that followed the 1997
Barbara Whelan, the Pembina County States          Grand Forks flood and fire. His community        In 1987, the Attorney General’s Office and the
Attorney, was presented the award because of       service cannot be detailed with complete         Council of Abused Women’s Services received
her extraordinary personal efforts to educate      accuracy, because he lost his own records        a grant to develop a procedure for the
the public about the alarming increase of          when his own office was destroyed in that        Collection of Forensic Evidence from adult
methamphetamine abuse in her county and            fire.                                            and children sexual assault victims. Anna
throughout North Dakota. Since August                                                               has been involved with this project since its
2002, Barbara and Judy Stellon, the mother         Darrell was the first chair of the Alerus        inception. In 1992, Anna began serving on
of a teenage meth addict, have conducted           Center Commission, and continues as a            the Fargo Moorhead Rape and Abuse Crisis
more than 100 meth education meetings              member of that commission. He has been a         Center Board. Recently she has been provid-
beginning in Pembina County, and then              member of the executive committee of the         ing guidance to Rape and Abuse Centers in
spreading throughout North Dakota, attend-         Grand Forks Chamber of Commerce since            several states on the implementation of the
ed by more than 10,000 people, including           2000. He was among the incorporators of the      provisions of the Health Insurance
students, educators, parents, employers, and       Community Foundation of Grand Forks, East        Portability and Accountability Act. Anna
law enforcement officials. Her most recent         Grand Forks, and Area, and has been a mem-       serves as the President of the West Fargo
meeting was at the Chester Fritz auditorium        ber of the foundation’s board since its incep-   Middle School PTA and as Board member of
in Grand Forks where she spoke to over 800         tion. He is also a director of the North         the YMCA at NDSU Board.
members of the Northern Occupational               Dakota Museum of Art, and of the North
Safety & Health Association.                       Dakota Museum of Art Foundation. Darrell
                                                   was part of the City Government Structure
When asked what has motivated her to               Review Committee, of the Citizens for the
undertake this remarkable education cam-           Future of Grand Forks, and of the Greater
paign, Barbara said that after becoming            Grand Forks Convention & Visitors Bureau.
States Attorney she became convinced that          He has also served on boards of several
this drug, and its terrible effects, had pervad-   health care facilities, including Altru Health
ed nearly every aspect of her work. Juvenile       System, Altru Health Resources, Valley
delinquency, the criminal courts, and child        Memorial Homes, and Valley Memorial
abuse and neglect are all affected. Whelan         Homes Foundation. His volunteer board
says this has become very personal for her.        service has also included the American Red
In a small county like Pembina County, she         Cross and the Grand Forks Senior Citizens
knows these people; she knows their kids.          Center.
She sees grandparents in their 70’s having to
raise their grandchildren because their
meth-addicted children can no longer raise

The Gavel    March 2004                                                                                                                          5
                                                       2003 ANNUAL MEETING

                                                       South Central Judicial District
                                                       Joy Wezelman
                                                       Since returning to North Dakota in 1980,
                                                       after receiving her law degree from The
                                                       George Washington University in 1979, Joy
                                                       has devoted many hours to a wide range of
                                                       professional and community service
                                                       organizations. These include the Bismarck
                                                       Rotary Club, The ARC (formerly known as
                                                       the Association for Retarded Citizens),
Bill Anderson honored for outstanding service to his   Dismantling Racism, Inc., the International       SW District President Kirby Sickler congratulates Tim
community of Rutland.                                  Club of Bismarck-Mandan, Legal Assistance         Priebe for his dedication to the Dickinson Community
                                                       of North Dakota, the American Association of
                                                       University Women, the Bismarck Veterans
Southeast Judicial District                                                                              Southwest Judicial District
                                                       Memorial Public Library, the Curriculum
Earl “Bill” W. Anderson, Jr.                                                                             Timothy Priebe
                                                       Advisory Committee for the Bismarck Public
Before going to law school, Bill ran an insur-         School District, the Advisory Council for what    Tim Priebe has practiced with the Mackoff
ance agency in Rutland, ND. Bill is a U.S.             was then Prairie Public Radio, and as a repre-    Kellogg Law Firm since 1986. His practice
Marine, a Vietnam War veteran, where he                sentative of Bismarck’s small Jewish              currently consists primarily of municipal
served as a first lieutenant. Included among           community.                                        law, real estate, commercial law, general liti-
several service decorations is the Navy                                                                  gation, and estate planning. Mr. Priebe has
                                                       She was an officer, director or committee
Commendation Medal with Combat V. Bill is                                                                acted as the Dickinson City Attorney since
                                                       chair in many of those organizations and
a member of the Blind Veterans Association                                                               1991, and also serves as City Attorney for the
                                                       many of the volunteer hours have involved
of America and the Disabled American                                                                     cities of Beach and Hettinger.
                                                       the thankless yet crucial task of governance
Veterans.
                                                       matters, particularly drafting bylaws and
                                                                                                         Tim has been active in many civic and com-
                                                       codifying policies. For the past seven years
Bill has served and continues to serve the                                                               munity service activities. He is a past mem-
                                                       she has served as parliamentarian and gover-
rural community of Rutland, ND and sur-                                                                  ber of the Board of Directors for the
                                                       nance advisor for The ARC of the United
rounding Sargent County area. Bill has given                                                             Dickinson United Way, and served as its resi-
                                                       States.
freely of his time and talents to the following                                                          dent. He was a member of the Civil Service
organzations:                                          She has served on the board of trustees of the    Commission of the City of Dickinson, and
    • Presently chairman of Sargent County             Bismarck Veterans Memorial Public Library,        served as its Chairman. He also served on
      Planning Board                                   as well as the boards of the Friends of the       the Dickinson Area Chamber of Commerce
    • Past chairman of Sargent County Park             Library and the Library Foundation. She is        Ambassador’s Committee. He serves on the
      Board                                            also a member of the Bismarck-Mandan              Board of Directors of the Dickinson Area
    • Past city councilman for Rutland;                branch of the American Association of             Dollars for Scholars, and was past President
    • Past Commander of American Legion                University Women and helps coordinate the         of that organization. Tim serves on the Trust
      Post                                             AAUW/Friends of the Library Annual Used           Fund Committee of St. John’s Lutheran
    • President of Rutland Community                   Book Sale. Joy is the branch chair for the        Church, and is on the local Advisory Board
      Development Corporation and                      AAUW Legal Advocacy Fund.                         for Investment Centers of America. He is a
      president of Rutland Community Club                                                                member of the Dickinson Rotary Club and
                                                       The single area where Joy’s dedication may
 Bill is also president of Rutland Housing,                                                              the Dickinson Elks Lodge.
                                                       have the most impact, and which provides
Inc. providing low income housing in the
                                                       her the greatest personal satisfaction, are the
area.
                                                       hours she spends speaking to students, health
                                                       care providers and church groups about the
                                                       Jewish faith, Jewish culture, and the
                                                       Holocaust. Joy has developed a broad range
                                                       of materials that she adapts to the needs and
                                                       interests of the particular audience. Since
                                                       1999 she has organized an annual ecumeni-           The State Bar Association of North Dakota
                                                       cal commemoration observance for Yom                 thanks the Mackoff Kellog Law Firm
                                                       HaShoah, Holocaust Remembrance Day. On
                                                       occasion she also writes articles for The                for their generous support of the
                                                       Bismarck Tribune on specific Jewish holidays.          SBAND Annual Meeting reception.

6
                                                     2003 ANNUAL MEETING

                                                      Liberty Bell Award
                                                      Patrick Atkinson, the God’s Child Project is this year’s recipient of the Liberty Bell Award.
                                                      For the past twenty years, this year’s recipient has a remarkably selfless life and, in the
                                                      process, he has changed the course of many lives. As founder and director of Central
                                                      America’s largest private foster care program, the God’s Child Project, he has dedicated
                                                      himself wholly to improving the lives and to realizing the dreams of some of Guatemala’s
                                                      most desperately poor children. He has provided these children with an education,
                                                      nourishment and hope for a brighter future. But he has also engendered in them a sense of
                                                      rights, not only their rights as citizens in a democracy, but more so their fundamental
NW President Ken Reierson thanks the Northwest        rights and responsibilities as humans.
District honoree, Michel Stefonowicz for his many
years of service in Crosby.                           Although it is what he is best recognized for, his work in Guatemala is not limited to educa-
                                                      tion and children. He has fought with persistence and courage to bring more humane con-
Northwest District                                    ditions to the country’s prisons. In addition to repairing deteriorating buildings, he and his
Michel Stefonowicz                                    volunteers have intrduced educational programs, vocational programs, and medical care to
Michel Stefonowicz has been a long-time               the prisons. He has also been called in to serve as a mediator in prisoner disputes. For
volunteer and an active member of the                 these efforts, he has won numerous awards in Guatemala. For his years of passionate
Crosby community. He is active in Concordia           service to the poor and underprivileged, and for his tireless promotion and defense of
Lutheran Church on the Trust Committee;               human rights
has held various chairs in the Moose Lodge;
is a member of the Kiwanis Club; and also a
long time member of the Crosby American
Legion. Michel is the Grand Marshall of the                                   Annual Meeting Sponsors
Crosby Alzheimer Walk event and is also                                     The State Bar Association would like to thank the
very active in Community Development                                following sponsors for participating in the 104th annual meeting.
Affairs.
                                                                       West • Eide Bailly • Ann Carlsen Center for Children
Michel has served in various volunteer posi-                  ABA Members Retirement Program • Vaaler Insurance/Bismarck, Inc. • ALPS
tions on boards relevant to his law practice –                                  Am. Arbitration • United Printing
he served as Past Chairman of Disciplinary
Board – SBAND; served on the Inquiry                                      Special Thanks to Mackoff Kellogg Law Firm
Committee; is a member and past – presi-
dent of the ND State’s Attorney Association
and is a member and past – president of the
North Dakota Trial Lawyers Association.              40, 50, and 60 Year Members Recognized for Service
                                                     SBAND is proud to recognize the many years of practice and dedication of the
                                                     following members for 40, 50 and 60 years with the Association:
                                                     40 years: Orlin W. Backes (Minot); Mark J. Butz (Rugby);
                                                     Maurice E. Cook (Bismarck); Thomas A. Davies (Fargo); Maurice
                                                     R. Hunke (Golden Valley, MN); William J. Johnson (Northwood); A.
                                                     William Lucas (Bismarck); Paul A. Muehler (Hankinson); Jay D.
                                                     Myster (Fergus Falls, MN); David E. Nething; (Jamestown); Donald
                                                     J. Olson (Grand Forks); Robert Palda (Minot); Thomas E. Rutten
                                                     (Devils Lake); John F. Stone (Minneapolis, MN).
                                                     50 years: Jonathan C. Eaton (Minot); Howard A. Freed
                                                     (Dickinson); A. Roger Kringlie (Northwood); Russell R. Mather
                                                     (Bismarck); Michael R. McIntee (Willison); Retired Justice Herbert
                                                     L. Meschke (Minot); John Romanick (Washburn); Alfred C. Schultz
                                                                                                                        Former Justice and UND law
                                                     (Bismarck); James L. Taylor (Watford City); James H.Williams       school professor, Robert Vogel
                                                     (Towner).                                                          was honored for sixty years as a
Receiving their 40-year pins are Tom Rutten, Orlin                                                                          member of the State Bar
Backes (former SBAND President) and David Nething.   60 years: Former Justice Robert Vogel (Grand Forks).                   Association.


The Gavel      March 2004                                                                                                                              7
                                                   2003 ANNUAL MEETING

                              Distinguished Service Award
                                                     Dean W. Jeremy Davis

The Distinguished Service Award is the high-       tor and arbitrator, and he made a con-
est honor given by the State Bar Association.      scious effort to involve himself and the
It need not be presented every year. In fact,      other faculty in the State Bar
there have been some years since the Board         Association. He even sat for the bar
of Governors created the award in 1980 in          exam, sweating it out alongside his own
which no award was given. This year, howev-        students. Along the way, Davis earned
er, the Distinguished Service Award is             for himself a reputation as a straight-
bestowed upon just the sort of individual for      shooter and problem solver, someone
whom the award was originally created.             who could get things done. As his
Dean W. Jeremy Davis, the very face of the         stature grew and word of his interper-
UND Law School, left us last year to become        sonal skills spread, University officials
Dean of the Appalachian School of Law. But         chose to retain him as general counsel
he leaves behind for the state, for its law        to oversee their litigation. He became
school and for its lawyers a legacy of remark-     UND’s go-to guy whenever there were
able dedication, achievement, leadership and       disputes that needed resolving. Before
love of the law. It is a fitting tribute to this   long, Dean Davis had become part of
legacy to present Dean Davis with this year’s      the very infrastructure that binds this
Distinguished Service Award.                       state into a community.
                                                                                                    SBAND President Gary Lee congratulates Dean W.
Jerry Davis arrived at UND in 1971, fresh          Jerry Davis’s tenure long tenure at UND          Jeremy Davis on his selection as the 2003 recipient of
from Denver University School of Law.              Law School was packed with achievement.          the Association’s most prestigious award.
Although he was young for a professor – he         To most of the practicing lawyers of the
was not yet 30 years old – Davis was quite         state, and to Dean Davis himself, the most       No discussion of Jerry Davis’ accomplish-
well-armed with the intellectual weapons           important job of the dean is to maintain the     ments as dean would be complete without
necessary to stand in front of a classroom of      overall quality of the law school so its ABA     recognizing what may be his most lasting
eager law students. It quickly became clear to     accreditation can be preserved. In this, Dean    legacy: his success in building the relation-
these students that Davis belonged where he        Davis succeeded. He was consistently able to     ship between the law school and the bar. In
was – he was the real thing. The young pro-        recruit and to maintain an excellent faculty,    the words of Professor Randy Lee,“The rela-
fessor was brilliant and engaging, but there       to provide excellent academic programs and       tionship between the law school and the
was something more to it: it was obvious he        to maintain an impressive library despite the    lawyers in this state is now one of mutual
was doing what he loved – teaching law.            law school’s woefully inadequate budget.         support and great loyalty; the specific rela-
Somehow, he his passion for and his curiosi-       Many would say he performed miracles.            tionship between the law school and the Bar
ty about the law transferred to his students,                                                       Association is unique, and is likely the envy
and not just temporarily, but for a lifetime.      Dean Davis did more, however, than simply        of many other bars across the land.” The
This is indeed the mark of a gifted teacher.       keep pace: he always looked forward with         idea of bringing together the law school and
                                                   seemingly prescient eyes to the future. It was   the state’s lawyers may belong to Dean Davis’
Jerry Davis came to teach, but he stayed to        Dean Davis who anticipated the potential         predecessor, Robert Rushing, but when Davis
become the dean of the UND Law School.             effect the dawning Information Age would         became dean, he took the initiative and
He was appointed associate dean in 1981,           have on legal education, and it was he who       made it his personal mission. Jerry Davis
interim dean in 1982 and dean in 1983. It          advocated aggressive investment in technol-      has certainly left his mark on North Dakota
was no wonder. By the early eighties Davis         ogy to give UND law students an advantage        and its lawyers and judges.
had already established himself as the very        to survive in the competitive 21st Century
backbone of the law school. Just as he had         legal arena. His work in this regard was rec-
always been “something more” than a law            ognized by a national magazine which
professor to his students, he became more          dubbed UND Law School, despite its small
than a dean to the law school. He continued        size, one of the “most- wired” law schools in
to teach, he took formal training as a media-      the country.


8                                                                                                                             The Gavel       March 2004
                                                       2003 ANNUAL MEETING

          Legislative Service Award                                                                            Kenneth R. Palmer
                                                                                                                 Distinguished
                        Representative Larry Klemin                                                              Service Award
                                                                                                                      Keithe Nelson
                                                        This past session, Representative Klemin
                                                       became the Bar Association’s go-to guy on
                                                       several important matters. Not only did he
                                                       faithfully attend the SBAND UCC Article
                                                       Task Force meetings during the past interim,
                                                       he helped draft several Task Force bills and
                                                       put them into final form. At the Task Force’s
                                                       request, he asked for and received an
                                                       Attorney General’s opinion that helped clari-
                                                       fy the position SBAND ought to take on a
                                                       complicated question of the law of security
                                                       interests. He introduced all of SBAND’s UCC
                                                       bills, testified on each bill in committee in
                                                       both the House and the Senate, and carried
                                                       each bill to unanimous adoption in both the
                                                       House and Senate.
                                                                                                         The Kenneth R. Palmer Distinguished Service Award
                                                       This was quite an impressive record of suc-       was presented to Shirley Nelson who accepted the
President Lee thanks Representative Larry Klemin for   cess for the State Bar Association, and repre-    award on behalf of her husband, Keithe Nelson.
helping SBAND and supporting the legal profession in   sentative Klemin helped engineer that suc-
the legislature.
                                                       cess. His obvious credibility with his peers
                                                       on these complex legal matters helped
The legislative process is never easy and is           enhance the credibility of the Association
often filled with moments of great frustra-            itself.
tion, especially when the issues are complex
or technical. The recipient of the legislative         Representative Klemin served in the US
service award this year is known for his abil-         Army 101st Airborne Division from 1967-
ity to tackle complex legal issues and to pres-        1970 and he is a 1978 graduate of UND Law
ent them in ways the other legislators can             School, where he served as research editor of
understand and support. Representative                 the Law Review. He is a partner in the
Larry Klemin has served in the North                   Bismarck law firm of Bucklin, Klemin, &
Dakota House of Representatives since 1999             McBride, PC. He practices in the areas of
and he is fast becoming a leader in the legis-         products liability, asbestos litigation, insur-
lature, especially whenever bills affecting            ance defense, commercial, bankruptcy, real
lawyers, judges, the court system, and our             estate, and corporate law. He is the author
legal system in general come before the body.          and editor of Civil Practice of North Dakota.

                                                                                                         Dean Frantsvog wins the DVD theater system.

  Contributors to the NDBF Auction… thanks!
  Ron McLean, Judge Kirk Smith, David L. Peterson, Robert Stroup II, Richard Olson, Monte
                                                                                                         Prize Winners…
  Rogneby, H. Malcolm Pippin, Gary and Margaret Lee; James Hovey; Chief Justice Gerald                   Grand Prize winner of the DVD Theater sys-
  VandeWalle, Sarah Vogel; James Hill; Larry Schnell; Michael Sturdevant, Mike Halpern,                  tem donated by ALPS was Dean Frantsvog.
  Jim Leahy, Wheeler Wolf Attorneys, McGee, Hankla, Backes & Dobrovolny, P.C., MAring                    Other winners included Melissa
  Williams Law Office, P.C., Nilles Hansen Davies Law Firm, Leslie Aldrich Johnson, Tweed                Schmalenberger (floating thermometer); Gary
  Roosevelt, Zuger Kirmis & Smith, Serkland Law Firm, Robert Vogel Law Office, P.C.,                     Lee (golf putter); and Tim Priebe (golf bag)
  Patrick Atkinson, Lisa Wheeler, Randall J. Bakke.


The Gavel      March 2004                                                                                                                                    9
     2003 ANNUAL MEETING Just for Fun




10                                      The Gavel   March 2004
                         2003 ANNUAL MEETING Just for Fun




The Gavel   March 2004                                      11
                                          2003 ANNUAL MEETING Honours




Sherry Moore, pictured with cowboy poet and former   Tim Hill in his second term as secreteary/treasurer,   President Lee lauds Alice Senechal for leading the
large animal veterinarian, Baxter Black.             gives the Treasurer’s budget report.                   drive for lawyer assistance.

Moore elected as                                     Hill re-elected as                                     Senechal receives
President-Elect                                      Secretary/Treasurer                                    Outstanding Chair Award
Sherry Mills Moore was elected as SBAND’s            Fargo attorney Timothy P. Hill was re-elected          Grand Forks attorney Alice Senechal received
President-Elect. Sherry is a solo practitioner       to a second two-year term as SBAND’s                   the Outstanding Chair award during the
in Bismarck, who concentrates her practice           Secretary/Treasurer. Tim is a sole practition-         General Assembly for her service as chair of
almost exclusively in family law. She graduat-       er with offices in Fargo and Kindred. He               the Joint Attorney Standards Committee. In
ed in 1979 from the University of North              received his B.A. degree in journalism and             presenting the award, President Lee thanked
Dakota Law School, Order of the Coif. She            political science and his law degree from the          Alice for all her hard work in leading this
and her husband, Tim, have two children,             University of North Dakota. He practices               committee. Alice has volunteered to lead the
Katie and Charlie, both of whom are in               employment and real estate law, estate plan-           investigation of establishing a Lawyer
college.                                             ning, bankruptcy, and civil litigation. Tim is         Assistance Program in North Dakota. She
                                                     a member of the State Bar Associations of              has helped draft the rule changes, made the
A past member of the Board of Governors,             North Dakota and Minnesota and formerly                contacts with programs and personnel in
Sherry serves on the Ethics Committee, Joint         served on the State Bar Association’s                  other states and has undertaken the task of
Procedures, Judicial Conference, Legislative         Information and Services Committee. He is a            trying to find funding sources for a program
Committee, Case Flow Management                      frequent lecturer on employment-related                in our state. All this is on top of Alice’s reg-
Committee and chairs the Editorial Board. In         topics and a regular faculty member in State           ular work of leading the Attorney Standards
previous years she chaired the Family Law            Bar Association’s People’s Law School. He is           committee through the major work of revis-
Task Force, Legislative Interim Committee            licensed to practice law in both state and             ing the rules of Professional Conduct for the
for Family Law, Ad Hoc Committee on                  federal courts in North Dakota and                     first time since 1984 – and now also leading
Family Law, Editorial Board, Lawyer Referral         Minnesota.                                             the committee through the rule changes rec-
Committee, Volunteer Lawyer Committee,                                                                      ommended by the MJP Task Force.
Women’s Section and Family Law Section of            Tim and his wife, Angela, make their home
SBAND. For the past ten years, Sherry served         in Kindred, North Dakota and have two chil-
as a volunteer lobbyist for SBAND, and as a          dren, Spencer, age 10, and Ava, age 6.
presenter at numerous CLE’s on family law,
legislative updates, and ethics. In 2000 she
was the Volunteer Lawyer of the Year for the
Big Muddy Bar Association. In addition to
her SBAND work, she is a board member in              President Lee Honors
the Mental Health Association of North                Five Attorneys for Pro Bono Service
Dakota, Prevent Child Abuse North Dakota,
the president of the Bismarck Library Board           Gary Lee commended the many hours of service volunteered by attorneys through the
and chair of the Mayor’s Task Force on                Volunteer Lawyer Program (VLP). In particular, he recognized the dedication of four
Methamphetamine. In her spare time she                individuals who donated over 90 hours on pro bono cases: Robert Keogh – 240.6 hours;
likes to photograph (ask about stalking the           Theresa Zimmerman 196 hours; Kenneth Morrow – 124 hours; Neil Thompson – 100
wild horses in the badlands), jet ski, read           hours; Huma Asan – 90 hours.
and play with her family.


12                                                                                                                                   The Gavel       March 2004
                                                               ABA REPORT

ABA Delegates Adopt
Significant Changes to
Model Rules on Confidentiality
By James Hill

In what was a sharply divided vote at the            As is always the case, a myriad of other reso-
ABA Annual Meeting in San Francisco on               lutions were considered which in most cases
August 11-12, 2003, the House of Delegates           were only marginally relevant to the practice
approved corporate governance policies and           of law in North Dakota. The definition of the
changes to Rules 1.13 and 1.6 of the Model           “practice of law” was again the subject of dis-
Rules of Professional Conduct.                       cussion and a standard definition was urged                       James Hill
                                                     to be adopted uniformly in the states. The                 SBAND Delegate to the ABA
The changes to Rule 1.6 would permit                 proposed definition is not inconsistent with
lawyers to reveal confidences of corporate           the present definition under North Dakota
clients to persons outside the organization to       law. As appear always the case, the House         The narrowly adopted February 2003 dues
the extent necessary to prevent “substantial         reinforced its support for adequate levels of     increase will narrowly keep the ABA even
injury to the financial interests or property of     compensation for the state judiciary and          with its budgetary commitments.
another that is reasonably certain to result”        increased funding for the federal judiciary.
from the corporate client’s commission of a                                                            Finally history was seen at the ABA with the
crime or fraud.                                      So as to not avoid the topic of the day the       investiture of Dennis W. Archer, the former
                                                     House adopted a resolution opposing efforts       Mayor of Detroit as the President of the ABA.
The changes to Rule 1.13 would place an ethi-        to repeal the sunset provisions of the USA        President Archer becomes the first African-
cal duty upon a lawyer who is employed or            PATRIOT Act of 2001 and urged Congress to         American elected to that position. His elec-
retained by an organization who “knows facts         review the implementation of powers to the        tion was unanimous and his acceptance of
from which a reasonable lawyer, under the            executive branch before considering an            the gavel a special moment of celebration for
circumstances, would conclude” that an offi-         expansion or extension of such powers.            the ABA.
cer or employee is engaged in conduct “likely
to result in substantial injury to the organiza-     The leadership did report on the 9.5 million      The Report of the Special Committee on the
tion” then the lawyer “shall (not may) proceed       dollar overrun on the ABA Technology              Technology Initiative is available for your
as is reasonably necessary in the best inter-        Initiative. As you may recall, the budgeted       review along with Report of the House of
ests of the organization.”                           12.1 million dollar project became an actual      Delegates from the undersigned either by
                                                     cost of 21.6 million dollars. The report is       requesting them through e-mail at
Opponents had argued that the proposed               detailed and exhaustive. Significant personnel    jsh@zkslw.com or a call to James S. Hill at
changes were not simply limited to a lawyer’s        changes have occurred including the Chief         (701) 223-2711.
actual knowledge of criminal or fraudulent           Information Officer and the Chief Financial
conduct, but would apply more broadly to             Officer.
conduct that is a “violation of a legal obliga-
tion to the organization” or “a violation of law.”   The cost overrun did place stress on the
                                                     financial status of the ABA; however, equally
These changes mark a substantial modifica-           significant was the reality of having to absorb
tion of the traditional notion of client confi-      lower investment returns, lower anticipated
dentiality. As these rules come before the ND        grants from the ABA Endowment, increased
Supreme Court for proposed adoption they             pension costs, increased facilities costs and
demand close inspection by the SBAND.                modest provisions for increase in salaries.




The Gavel     March 2004                                                                                                                          13
                                                                       FEATURE STORY

           A Personal Overview of the North Dakota
                 Legal System in the Last Half
                   of the Twentieth Century
                                                                            By Gerald G. Glaser


  Not long ago I                                                                                                                                                          My starting
was privileged to                                                                                                                                                       salary in the
serve on a panel at                                                                                                                                                     Attorneys
a meeting of the                                                                                                                                                        General’s office
Bruce Van Sickle                                                                                                                                                        was $300.00 per
American Inns of                                                                                                                                                        month but
Court. The others                                                                                                                                                       General Bergum
on the panel were                                                                                                                                                       awarded me an
federal district                                                                                                                                                        extra $25.00
Judge Patrick                                                                                                                                                           because I was
Conmy, with attor-                                                                                                                                                      married and had
neys Max                                                                                                                                                                one child. I
Rosenberg and Al                                                                                                                                                        thought that was
Wolf. In other                                                                                                                                                          quite generous
words, all old guys.                                                                                                                                                    considering that
The focus was on The UND Law Review Staff in 1955. The author, retired Bismarck District Judge Gerry Glaser, is the third from the left in the third row. Also shown full health insur-
the practice of law are, from left to right, first row: Darwin Mueller, Thales Secrest, Bayord Lewis, Pouzlos Birdzell, Kenneth Moran, A. Mel Christopher, Lewis Moore, ance cost about
                       George Dynes, Richard Wicha. Second row: Neil Thompson, Robert Kleve, Clinton Ottmar, Charles Feste (former SBAND President), William
in western North Kelsch, James Murray. Third row: Francis Breidenback, Douglas Dunahey, Judge Glaser, Dean O.H. Thonmodsgard, Professors Theron Atwood, Paul $15.00 per month
Dakota. Those          Matthews, Robert Hellard and Roz Tisdale; James O’Keefe (District Judge, 1930-2003), Harry Puppin, Edwin Gajeski.                                and social securi-
present seemed to                                                                                                                                                       ty deductions
enjoy the quick legal history lesson so it                     the Highway Department (Vernon Peterson).                            and income taxes were minuscule. Some of my
seemed a good idea to use this medium to dis- The Highway Department also had Francis                                               fellow classmates such as Charles Feste and
seminate it to a larger audience.                              Breidenbach and David Milhollan, who did                             William Kelsch didn’t do that well even though
  My personal legal journey began in the fall of eminent domain wok during the beginnings of they entered established law firms upon grad-
1956, when after graduation from law school, I                 the interstate highway system and the upgrad-                        uation. They did catch up though.
was appointed by then Attorney General Leslie                  ing of secondary highways.                                              I mentioned William Pearce and Clifford
Bergum to a one-year honorary term as an                         Among the more prominent                                           Jansonius. Both were among the most highly
assistant attorney general. Bergum’s first assis- Bismarck/Mandan law firms in 1956 were                                            respected lawyers among the local bar even
tant was Helgie Johanneson, who later became                   Strutz, Jansonius and Fleck; Cox Pearce and                          though both had apprenticed to earn their
Attorney General. The other assistants were                    Engebretson; and Zuger, Zuger and Bucklin.                           licenses.
John Adams and Frank Kosansa. Ken Moran                        Both Cox and the senior Zuger were deceased.                            By this time the initial oil boom in North
acted as an examiner for hearing violations of                 Continuing to carry on the name of a deceased Dakota had declined and so had the business
law by liquor establishments. Two long-time                    partner as a firm member was common in                               and income of many lawyers. The law business
secretaries handled all our work and probably                  North Dakota in those days. It sometimes                             was stable and quiescent for some years there-
knew more law than the rest of us put togeth-                  seemed there were more dead lawyers in prac-                         after.
er.                                                            tice than live ones.                                                    Our “bible” was the Revised Code of 1943
  The few departments that had attorneys                         Some of the names noted above went on to                           and its 1957 Supplement.All of the statutes
assigned to them included the Public Service                   become justices of the Supreme Court or dis-                         plus organic acts were contained in five vol-
Commission (Charles Murphy), Workmen’s                         trict judges. Current Chief Justice Gerald                           umes and the 1957 supplement. There were
Compensation Bureau (Paul Sand), Tax                           VandeWalle can also be mentioned in this                             two additional volumes, but they contained
Commissioner (Ken Jakes, who was reputed to                    group as his career in the Attorney General’s                        only the index and annotations. There was no
know more about tax law than anybody) and                      office started shortly after mine.                                   administrative code although a few agencies,

14                                                                                                                                                        The Gavel        March 2004
                                                         A PERSONAL OVERVIEW

such as the Public                                                                                                                                            decisions constru-
Service                                                                                                                                                       ing the field code
Commission, did                                                                                                                                               sections, while not
publish small                                                                                                                                                 binding are entitled
pamphlets that                                                                                                                                                to respectful con-
did, to some                                                                                                                                                  sideration and may
extent, supple-                                                                                                                                               be ‘persuasive and
ment the                                                                                                                                                      should not be
Administrative                                                                                                                                                ignored’.” Glatt vs.
Agencies Practice                                                                                                                                             Bank of Kirkwood
Act. There were                                                                                                                                               Plaza, 383 NW 2d
also various pro-                                                                                                                                             477 4(ND 1986),
cedural statutes                                                                                                                                              Becker vs. Becker,
scattered              The clerk of the Supreme Court was J.H.         Alfred Schultz, the first Executive Director J.F.X. Conmy was President of the State   262 NW 2d 470,
throughout the         Newton, who was an icon in his own              of the State Bar Association in a 1963       Bar Association in 1963. He was the       483, ND 1978.
                       right.                                          photo.                                       father of Federal District Judge Patrick
Code, many of                                                                                                       Conmy.                                      My first appear-
which have been                                                                                                                                               ance in the court-
superseded by the rules generated by the                       such depositions were not taken very often.                      room was in North Dakota Supreme Court
Supreme Court. Stickers were supplied with                     There were some procedural and evidence                          arguing a case for the State Bonding Fund.
each publication of new session law. The stick-                statutes scattered throughout the 43 Code, but                   Since there was another party aligned with the
ers would not be passed to the next statute it                 they were usually general in nature.                             state, I suppose the Attorney General figured I
was repealing or changing. This made it                           It was common for practitioners to search                     couldn’t do much harm. It did seem an odd
unnecessary to check the supplement each                       case law in the hopes of finding a “case-in-                     way to start a courtroom career.Another
time a statute was examined. The 1943 Code                     point.” This was before the advent of comput-                    unusual feature about the case was that the
and its few supplements served until the                       ers or legal research software. The problem                      attorneys for the opposition were Mandan
enactment of the North Dakota Century Code                     was, there wasn’t much procedural or eviden-                     attorneys C.F. Kelsch, who ultimately became a
in 1961. The Century reference is to the fact                  tiary case law in North Dakota in the 1950’s. In district judge, and his son William. Bill Kelsch
that Dakota Territory was created in 1861.                     order to have a usable “data bank” of cases, it                  and I roomed together while in law school and
  If I remember correctly, it was necessary for                became a practical necessity to subscribe to                     we remain life-long friends.We spent the
each law student to own or at least have access                West’s Northwestern Reporter. This, in turn,                     entire summer arguing the case with each
to the 1943 code.When I was in law school, it                  made publishing the North Dakota Reports                         other. Needless to say, we were well prepared to
was known that the federal rules of civil proce- superfluous and it was discontinued in 1955.                                   argue the case and I think the justices recog-
dure were going to be promulgated soon, in                     Some firms and courthouses also subscribed                       nized it judging from the amused look on
1957. Our law school civil procedure classes                   to the Pacific Reporter partly because of the                    some of their faces as we earnestly expounded
also used the federal rules as a learning tool. It             population and geographical area of the states                   our positions. Modesty forbids mentioning
was not until March and November of 1973                       it encompassed and also because North                            which side won.
that the rules of appellate procedure and the                  Dakota, like many of the states making up the                      The justices (then known as judges) didn’t
rules of criminal procedure were enacted. The                  Pacific Reporter, was a “Field Code” state.                      wear robes then and I remember being disap-
rules of evidence were enacted in 1976 or                      The Field Code was proposed for New York                         pointed at their appearance when they entered
1977. I was privileged to serve on the Joint                   State in 1865. Many of its provisions were in                    the courtroom in nondescript business suits.
Procedure Committee while the rule-making                      turn adopted by the western states, including                    The court at that time was made up of Judges
process unfolded and I found it a most chal-                   North Dakota, South Dakota, and California.                      Thomas Burke, James Morris, Gudmunder
lenging, yet satisfying, experience. I highly rec- Judges in North Dakota, lacking much case law Grimson, Nels Johnson and P.O. Sathrie.
ommend it to anyone who is looking for a way                   of their own, would look to New York and                         Justices Burke and Morris had perhaps the
to contribute to improving the profession.                     California courts for guidance when interpret-                   best reputation as legal scholars. Justice Morris
  Before the rules were enacted,“discovery”                    ing a statute.An early but excellent example is                  was one of the judges who presided on the war
rules were, as a practical matter, non-existent.               De Roche vs. De Roche, 12 North Dakota 17 94                     crime trials in post war Germany. The com-
It was theoretically possible to take a deposi-                NW 767 (1903). (N.Y. statutes and case law                       plete transcripts of the trials can be found in
tion, but only for the purpose of perpetuating                 compared) A recent example appears in Ag.                        the Supreme Court library. They contain some
testimony, and even then it was subject to rigid Services of America Inc. vs. Midwest                                           very gruesome descriptions and pictures.
restrictions. The deposition had to be taken                   Interstate, Ltd., 585 NW 2d 571 (1998) in foot-                  Justice Burke sometimes took a long time to
before a judge or clerk of court or a couple of                note 1: Because N.D.C.C. Section 22-01-15 and                    prepare his opinions, but when they were com-
other designated officers. It was then written                 Cal. Civ. Code Section 28-19 share a common                      pleted, they were first rate.
and signed by that official. Needless to say                   derivation in the Field Code,“California court                     At that time the judges had no law clerks and

The Gavel       March 2004                                                                                                                                                    15
                                                          A PERSONAL OVERVIEW

did their own research. The clerk of the                            was 84-year-old Jim Hyland, who had been in          so many cases repeatedly put over the term
Supreme Court was J.H. Newton who was an                            private practice in Bismarck with JFX Conmy,         that the clerk developed a separate calendar
icon in his own right. He was only the second                       federal judge Pat Conmy’s father. It’s likely I      for such cases together with a second calendar
clerk in the history of the Supreme Court and                       was the only 24 year-old chief counsel in North      for the more current notes of issue. The first
served in that capacity for 55 years until he                       Dakota history to have an 84 year-old assis-         calendar would usually be ignored all together
died in office in 1968 at the age of 77. Put                        tant.                                                unless an attorney requested a trial date. More
another way, there were only two clerks for the                        In the late 50s and early 60s, there were still   often there was some reason neither attorney
North Dakota Supreme Court for the first 79                         attorneys who earned good incomes from the           wanted the case tried. Such cases frequently
years of its history.                                               discovery and development of oils fields in          died a natural death. It was also apparent that
  The appeal process at that time was, shall we                     North Dakota. This activity, along with the          some judges didn’t mind putting off a case
say, labor intensive. The appellant would in                        improvement in highways, created growth in           since it would probably then become the
effect re-create the record for the Justices. This                  the field of regulated motor carriers.At the         responsibility of some other judge to handle.
meant much typing. It did not help that docu-                       same time, the railroads were slowly but surely        According to the Revised Code of 1943 the
ments in trial courts were legal size, but filings                  abandoning branch lines and discontinuing            salary of the justices was $5,000.00 per year.
with the Supreme Court were required to be on                       passenger service. This process required             District judges earned $4,000.00. Justices
standard-size paper. The ultimate result was                        obtaining permission from the regulating             could not receive an increase in salary during
later to be that all documents in district courts                   agencies such as the Public Service                  their ten year term. By 1957, the salaries had
were to be on standard-size paper. Carbon                           Commission. Permission was not readily               increased to $10,000.00 and $8,000.00 respec-
copies were permissible at that time but cor-                       forthcoming as there was much opposition             tively. The judicial districts were numbered at
recting mistakes was a messy and laborious                          from the public and the railroad brotherhoods.       that time. Burleigh was in the Fourth, along
process. Mimeograph machines were also used                         Ultimately, the railroads persuaded Congress         with Stutsman, Wells, Foster, Eddie, McLean,
when there was a need for numerous copies.                          to grant the Interstate Commerce Commission          and Kidder. The Fourth had two district
                                                                                                authority over aban-     judges. Morton County was part of the Sixth
                                                                                                donment of branch        Judicial District, along with Dickinson and all
                                                                                                lines and the discon-    other counties in the southwest quarter of the
                                                                                                tinuance of passen-      state. It was served by three district judges,
                                                                                                ger service.             which recognized that time and space were
                                                                                                Attorneys, of course,    important factors in providing judicial servic-
                                                                                                were actively            es, even as they are today.
                                                                                                involved in the hear-      Two of the relatively larger cities in each of
                                                                                                ing process. The PSC     these districts were located at their opposite
                                                                                                would appear at          ends. Both were on the main line of the
                                                                                                these hearings,          Northern Pacific, which made for easier and
                                                                                                which meant much         more reliable travel - at least in earlier days.
                                                                                                activity for its coun-   Fargo and Grand Forks were both part of the
The Supreme Court in 1957 was made up of judges (left to right): James Morris, P.O. Sathrie,     sel.                    First Judicial District, along with other coun-
Gudmunder Grimson (Chief Justice), Thomas Burke and Nels G. Johnson.                               Federal law did not   ties in the Red River Valley.When the judicial
                                                                                                 have much impact        districts were reorganized in 1979 into their
   Copy machines were coming into use but                           on private civil attorneys in those years aside      basic current configuration, an argument
were not permitted by the Supreme Court, and                        from racial discrimination cases. Federally cre-     developed between Grand Forks and Fargo as
rightly so. The technology was primitive. The                       ated tort cases did not proliferate until much       to which district should be called the “First”.
machine needed a certain type of toner that                         later.                                                 I remember being at a meeting of the Joint
was messy and smelly.A special pinkish paper                           Terms of court were common, but gradually         Procedure Committee when, during break, the
was used that quickly faded and dried out so                        falling into more disuse. They were as much an       chair of the committee in charge of district
much it would begin to disintegrate soon after                      occasion for social gathering as anything. The       reorganization stepped in and expressed exas-
it was created.We thought it was wonderful.                         list of cases in which a note of issue was filed     peration because of the continuing haggling
   In 1957, I succeeded Charlie Murphy as a                         would be compiled into a list, the oldest note       between Grand Forks and Fargo over who
commerce counsel for the Public Service                             of issue first. The judge then called each case      should be Number 1. I didn’t think using
Commission. I was 24 at the time and pretty                         at the “call of the calendar.” The attorneys         numerals had any particular usefulness, so I
much an unknown quantity to the                                     would either agree that the case should go           suggested, admittedly without much fore-
Commission and the entities they regulated.                         “over the term” or, if one lawyer wanted a trial     thought, that the problem could be solved by
This caused them some concern.Attorney                              and the other didn’t, the case would either be       changing from numerals to geographic names.
General Bergum finessed the problem by                              scheduled or be put “over the term,” frequently      Doing so would have the added advantage of
appointing another attorney to assist me. He                        for the slightest reason. Burleigh County had        making it easier to remember which district

16                                                                                                                                             The Gavel     March 2004
                                                         A PERSONAL OVERVIEW

was which.Apparently,                                                                                                                                         lations of the coun-
that did the trick.                                                                                                                                           ties in which they
  The judicial system                                                                                                                                         practice. There are
has evolved ever more                                                                                                                                         counties in which
rapidly since 1957.At                                                                                                                                         there are no attor-
that time there were                                                                                                                                          neys at all.
district judges, but each                                                                                                                                     Examination of the
county also had county                                                                                                                                        list of the 2001 -
judges. That judge, how-                                                                                                                                      2002 appointments
ever, was basically a                                                                                                                                         of the Bar
probate court judge,                                                                                                                                          Association
and did not have any                                                                                                                                          Committee is also
legal training. They                                                                                                                                          illustrative. The
were also justices of the                                                                                                                                     names of the 199
peace and police magis-                                                                                                                                       lawyers appear as
trates, and they weren’t The UND Law Review Editorial Staff in 1957. Can you identify the good-looking fellow in the front row, center? He is the Editor-in- members. Only 6
required to be lawyers. Chief, GeraldW. VandeWalle.                                                                                                          come from cities
One local justice of the                                                                                                                                     smaller than Devils
peace was a retired member of the highway              system without making massive changes in                               Lake, and only 4 cities are represented by those
patrol whose proudest boast was that he never          the present system, especially in the elective                         6 names.
acquitted anyone. One of the practitioners who process. Regardless of its desirability, the                                      It’s interesting. Invention of the many con-
represented defendants in that justice’s baili-        prospect seems unlikely. It might be much                              veniences has made it easier for attorneys to
wick referred to him as “Old Fang.”                    more practical to undertake to consolidate and do much more in the same amount of time.
  Fortunately, at that time a defendant could          upgrade the present system, (making it more                            Word processors, copiers, computers, fax
appeal from magistrate courts by giving oral           flexible where possible) with the ultimate goal                        machines, cell phones, etc. all speed the cre-
notice of appeal immediately after the                 in mind of creating a truly unified court sys-                         ation, accessibility and flow of information at
inevitable pronouncement of guilty. Standard           tem.”                                                                  an ever-faster rate. But that very fact allows
practice at that time was to advise the client to        County justices were entirely phased out in                          less time for analysis and reflection.
appear pro se, plead not guilty, and after trial,      1981 after enactment of legislation that pro-                          Conversely, it increases stress. It has also made
orally appeal. Then the legal representation           vided for county courts with increased juris-                          interaction among members of the profession
would begin.                                           diction. This was made possible by allowing                            less personal and, some might say, less civil.
  The JP system was replaced by the county             consolidation with other counties. I haven’t                              North Dakota has many more lawyers now
justice system. That office required a justice to      researched this, but North Dakota must be one than it did at the beginning of my legal jour-
be a member of the bar. There were also a few          of the first states in the union to have managed ney in 1956, even though we are much more
courts with increased jurisdiction which com-          to create a judicial system that requires all of                       productive and the population is less now than
bined function of probate court and justice            its state and county judges to be members of                           it was at that time. Is there that much more to
court. Judges of the Justice court were attor-         the bar. County courts were themselves abol-                           do, or are we becoming prisoners of our own
neys. In 1970, the Bar Association looked into         ished as of January 1, 1995, and the unified                           technology?
the probability of creating a unified court sys-       court system truly born.                                                  During my journey I have at one point or
tem. I served as counsel for the committee and The judicial system continues to evolve as does another served as a county justice, police mag-
also prepared the report, which the committee          the practice of law. In 1956 there were 632                            istrate, assistant state’s attorney, defense attor-
adopted. Members of the Unified Court System members of the North Dakota Bar. Many of                                         ney, civil practitioner, county judge, occasion-
Committee included Vernon Pederson, Lewis              these lawyers resided in smaller communities.                          ally on the North Dakota Supreme Court and
Oehlert, Robert Vaaler, Alfred Schultz, Judge          They earned good livings mainly from fees                              its court of appeals, and currently as a surro-
“Pat” Lynch, Temlar Rolfstad and chairman              derived from probate work. Many served in the gate judge. It has never been boring.
Hugh McCutcheon.                                       legislature and were influential as were those                            For a more detailed and excellent history of
  The report concluded that county courts              who served as lobbyists. The number of                                 the North Dakota Supreme Court during its
should be replaced by county courts with               lawyer-legislators has steadily decreased, fre-                        first 100 years I recommend reading the
increased jurisdiction. It included suggested          quently out of economic necessity. Service in                          Centennial issue of the Gavel, volume 46, num-
boundaries for consolidating such courts. The          the legislature, however, often became a step-                         ber 4, especially the articles therein by Justice
committee was evidently prescient with one of          ping-stone to later employment as a lobbyist.                          Herbert Meschke with Ted Smith, and the
its conclusions:                                       Now there are about 1825 members of the Bar.                           overview of the history of the Bar Association
  “It is difficult not to conclude that it would       The number of lawyers in smaller communi-                              by Bismarck Tribune columnist Betty Mills.
not be possible to initiate a truly unified court      ties has steadily declined, along with the popu-

The Gavel       March 2004                                                                                                                                                    17
                                                               YOUNG LAWYERS

Conference Combines                                         Young Lawyer Takes Case
Legal Education and                                         to U.S. Supreme Court
Mardi Gras for a                                            Alexander Reichert is a 1996 UND Law grad            United States was an incredible experience. I
Memorable Experience                                        and member of the SBAND Young Lawyers                spent 8 days in Washington preparing for the
for North Dakota                                            Section. At 35, he is also the President of the
                                                            Northeast District Bar and the youngest mem-
                                                                                                                 argument. As Court appointed counsel, the
                                                                                                                 Court set up two moot courts for me in
Young Lawyers                                               ber of the Board of Governors (see page18).          Washington, DC prior to the argument. I also
                                                            He has his own law practice in Grand Forks           set up a moot court in DC and one in Grand
By: Jodi Nelson Meyer
                                                            and he and wife Steph have a new baby son            Forks before I left. The moot courts were an
President-Elect of SBAND                                    named Max. As is this weren’t enough, Alex           invaluable experience. I found my argument
 Young Lawyer Section.                                      just had one of those once-in-a-career-if-you-       changing radically from the first argument to
                                                            are-very-lucky opportunities that most               the last. My argument started out very techni-
                                                            lawyers dream about but few get to experi-           cal and filled with complex legal theories. By
                                                            ence—the chance to argue a case before the           the time I argued, most of these arguments
                                                            U.S. Supreme Court. Alex accepted a federal          were abandoned and a more simplified, com-
                                                            court appointment to represent an indigent           mon sense approach was the theme of my
                                                            defendant, Billy Jo Lara. Reichert accepted the      case.
                                                            appointment in United States v. Billy Jo Lara           After getting good night’s sleep, I arrived at
                                                            and ended up in Washington, D.C.                     the Court early and waited to be lead into the
                                                               Defendant Lara was indicted for assaulting a      lawyer’s lounge. After a brief explanation of
                                                            federal officer. After the U. S. District Court      the rules of etiquette for the Court, we were
Young lawyers, Dean Frantsvog, Anthony Swain Benson
                                                            District denied his motion to dismiss the            taken to counsel table to await the Court.
and Jodi Nelson enjoy the opportunity to socialize at the   indictment, the defendant entered a condition-         The Judges enter the courtroom from behind
NDBF reception in Medora.                                   al guilty plea and reserved the right to appeal      great tapestries and are sitting close enough
                                                            the denial of his motion to dismiss. The             that it feels like your could reach out and
  Over the weekend of May 15 - 18, 2003,                    Eighth Circuit affirmed the district court rul-      touch them. After finishing the reading of an
three delegates of the North Dakota Young                   ing and Reichert asked for a rehearing en            opinion and the admission of lawyers, our
Lawyer Section attended the American                        banc. Reichert finally prevailed at the rehear-      case was called and the government attorney
Bar Association Young Lawyers Division                      ing and the case was remanded with instruc-          proceeded to the podium. This was Mr.
Spring Conference in New Orleans,                           tions to dismiss the indictment. The govern-         Kneedler’s 85th argument before the Court. As
Louisiana, at the historic Fairmont Hotel.                  ment then filed a Petition for Writ of               he argued, I noticed his hands were shaking.
Anthony Swain Benson, Brad Meyer, and                       Certiorari with the U.S. Supreme Court, which        Obviously the enormity of this experience is
myself, were among 350 young lawyers                        was granted on September 30, 2003.                   not lost on even the most experienced lawyers.
from the United States and Europe who                          The case presents the issue of whether the        Of course my nerves from the day before had
attended this conference. The conference                    Double Jeopardy Clause bars federal prosecu-         returned and I was really wondering how they
featured many great speakers, including                     tion after a tribal prosecution of a nonmem-         would affect my performance.
nationally recognized attorney Michael E.                   ber Indian for an offense arising from the             The Justices were hard on the government,
Tigar, who has participated in the defense                  same conduct. The Ninth Circuit Court of             but I knew this probably did not mean they
of many notable cases including Terry                       Appeals took the opposite position from              would be easy on me. I stepped to the podium,
Nichols federal case in the Oklahoma City                   Reichert’s, creating a split in the circuits. The    still nervous, and began my argument. After
bombing. Mr. Tigar's presentations on                       Eighth Circuit's holding in United States v.         three sentences, the questioning started and
current issues in the legal profession, most                Billy Jo Lara, 324 F.3d 635, is that the Double      did not stop for 30 minutes. Once I heard the
notably after 9/11, as well as cross exami-                 Jeopardy Clause bars the government from a           first question from the Court my nerves com-
nation techniques were both educational                     second prosecution for the same act. Previous        pletely disappeared and I found myself relish-
and insightful.                                             decisions: U.S. v. Billy Jo Lara, 2001 US Dist.      ing the debate. The best advice I received in
   The Conference offered various CLE                       LEXIS 20182 9D.N.D. Nov. 29, 2001), the              moot court from those who had argued before
topics and opportunities to meet lawyers                    District Court decision is also found on the         the Court was not to forget to enjoy the expe-
from across the world and discuss their                     Court's website at www.ndd.uscourts.gov; U.S.        rience. I found myself on a couple of occasions
unique experiences, opportunities, and                      v. Billy Jo Lara, 294 F.3d 1004 (8th Cir. 2002);     thinking: “I talking to Justice Scalia or I am
challenges within their communities. The                    U.S.v. Billy Jo Lara, 324 F.3d 635 (8th Cir. 2003)   taking to Justice Breyer – this is incredible.”
Conference was very informative, and pro-                   (en banc).
vided valuable ideas and tools for us to                       The argument at the Supreme Court of the           At one point during the argument Justice
bring back to our own bar association and                                                                        Kennedy threw me a bone and assured me
section.

18                                                                                                                                     The Gavel      March 2004
                                                         YOUNG LAWYERS

that I did not need one of points that was          CALL FOR RESOLUTIONS
causing concern for the justices to prevail in
my case. Surprised by this blatant compliment         Pursuant to Article 12 of the Association by-laws, all substantive resolutions to be considered
or lifeline, I was lost for something to say and    at the General Assembly of the Association during the Annual Meeting on June 10, 2004, in
merely said “Thank you.” This caused the            Fargo, must be filed with Christine Hogan, Executive Director, P.O. Box 2136, Bismarck, North
courtroom to erupt in laughter. Instead of          Dakota 58502, on or before May 10, 5:00 p.m. CST.
being pleased, I panicked for a brief second
remembering the admonition not to try any
attempts at humor, as they typically fall flat. I    Call for Candidates for President-Elect,
expected to be punished for this outburst by
the gallery, but that punishment never came.
                                                     Secretary/Treasurer and State Delegate to ABA
   At another point, the Justices started argu-        Any SBAND member may appear on the ballot as a candidate for the office of president-
ing among themselves and Chief Justice               elect, secretary/treasurer or state bar delegate to the American Bar Association by filing a
Rehnquist had tostep in to allow me to pro-          petition signed by five other members of the Association at least 50 days before the General
ceed with my argument.                               Assembly meeting on June 10 at the SBAND annual meeting in Fargo. Mail ballots will be
   I could write for days on this topic, but suf-    available to members on April 30, 2004, and may be obtained by calling the Association
fice it to say that this experience was the most     office. All ballots must be postmarked or received at the Association office by May 30, 2004.
incredible of my legal career. All the justices      Check the Association=s home page (www.sband.org) for any candidates who have filed
were very well-versed in the case. The ques-         petitions and the full text of the ballot procedures.
tions were difficult but fair. They were the
most courteous of jurists and treated me with
respect, even if they disagreed with me. This       friends. Jim Smith, a partner at McDermott        table with me. Being able to share this special
added to the experience and gave me a new           Will and Emery in D.C., a classmate of mine,      experience with my father was the best part of
level of respect for the justices whose opinions    and son of retired judge Kirk Smith, helped       the whole argument. My wife and mother also
I often criticized.                                 write the brief and arranged a moot court         came to the argument along with about a
   This argument would not have been the            with members of his firm. My father, Ron          dozen of my classmates and friends.
same without the support of family and              Reichert, helped me prepare and sat at counsel




The Gavel     March 2004                                                                                                                           19
ETHICS OPINIONS
                                               ETHICS

                                                   DISCIPLINE
                                                                 &             DISCIPLINE

                                                                                                      Edwardson’s ability and capacity to practice
                                                   Reprimands issued                                  law. The panel recommended Edwardson be
  The Ethics Committee was asked to issue                                                             transferred to disability inactive status. The
                                                      In July 2003, a Petition for Discipline was
an opinion on whether the requesting attor-                                                           Supreme Court accepted the report of the
                                                   filed against Kipton R. Van Voorhis, an
ney had a conflict of interest in bringing a                                                          hearing panel and transferred Edwardson to
                                                   attorney admitted and licensed to practice
derivative/class action against an organiza-                                                          disability inactive status until further order.
                                                   law in North Dakota, containing allegations
tion when the requesting attorney’s law firm                                                          The Court also ordered formal proceedings
                                                   of misconduct resulting from Van Voorhis
had previously performed some legal work                                                              be initiated to determine whether
                                                   appearing and arguing a case on behalf of a
for an affiliate of the organization. In order                                                        Edwardson should be transferred to incapac-
                                                   client before the North Dakota Supreme
for a conflict of interest to exist, the present                                                      itated status.
                                                   Court while he was suspended.
derivative/class action claim must be against
                                                       Van Voorhis was suspended from the prac-
a former client. Under the facts presented,                                                           Transfer to Incapacitated Status
                                                   tice of law effective December 31, 2002, for
the Committee determined the requesting
                                                   failing to meet the mandatory continuing             Eric K. Fosaaen (Admitted to practice
attorney was representing the same client in
                                                   legal education requirements. On January 3,        1991) admitted service of a summons and
the present action as his law firm was pre-
                                                   2003, he mailed a Report of Compliance to          petition for transfer to incapacitated status
senting in the prior matter. Therefore, no
                                                   the Commission for Continuing Legal                asserting he is incapacitated from the prac-
conflict of interest exists under Rule 1.9. The
                                                   Education. On January 6, 2003, he appeared         tice of law. Fosaaen did not respond to the
Committee also concluded that even if no
                                                   and argued a case before the Supreme Court         petition. In June 2003, the hearing panel filed
conflict of interest exists under Rule 1.9, Rule
                                                   of North Dakota, prior to any Order for            its report recommending Fosaaen be trans-
1.6 continues to protect the former client’s
                                                   Reinstatement having been issued. The order        ferred to incapacitated status. Fosaaen did
rights to have his or her confidential infor-
                                                   reinstating Van Voorhis was issued January         not object and the Court ordered the transfer.
mation kept confidential. The Committee
                                                   9, 2003.
determined that the requesting attorney was
                                                      Following consideration of a Stipulation
not disqualified by virtue of his law firm hir-
                                                   and Consent to Discipline signed by Van            Notice of Orders Suspending Attorneys
ing a lawyer formerly with the North Dakota
                                                   Voorhis and Disciplinary Counsel, a Hearing
Department of Insurance, so long as the for-                                                             Marvin French hired William E.
                                                   Panel of the Disciplinary Board of the
mer insurance department would be proper-                                                             McKechnie to represent him regarding
                                                   Supreme Court found that Van Voorhis vio-
ly screened from the case as required under                                                           French’s termination as an employee with the
                                                   lated Rule 5.5(a), North Dakota Rules of
Rule 1.11 (b).                                                                                        North Dakota Developmental Center.
                                                   Professional Conduct, relating to unautho-
  You can search all SBAND ethics opinions                                                            McKechnie agreed to file an appeal from the
                                                   rized practice of law, issued a REPRIMAND,
by key word as well as by rule number on the                                                          termination on French’s behalf. However,
                                                   and assessed $250 in costs and expenses of
SBAND website, www.sband.org. Click on                                                                McKechnie knowingly failed to perform
                                                   the disciplinary proceedings.
“Ethics Opinions” under the “Resources for                                                            those services by not filing a timely appeal
Lawyers” button.                                                                                      when he was consciously aware of the due
                                                   Transfer to Disability Inactive Status             date. As a result of McKechnie’s lack of dili-
                                                                                                      gence, French lost his ability to grieve or
                                                     Debra K. Edwardson was admitted to               appeal his job termination.
                                                   practice in 1995. Her license to practice was         McKechnie has been practicing law for
                                                   suspended in July 2002. The petition for dis-      over twenty years and, therefore, has sub-
                                                   cipline asserts that Edwardson violated            stantial experience. He has an extensive dis-
                                                   N.D.R. Prof. Conduct 1.16(e), declining or         ciplinary record in North Dakota and has
                                                   terminating representation, which provides         previously received five admonitions and one
                                                   that upon termination of representation, a         reprimand. Based upon McKechnie's viola-
                                                   lawyer shall take steps to the extent reason-      tion of the professional rules of conduct by
                                                   ably practicable to protect a client’s interest,   failing to act diligently in representing a
                                                   including surrendering papers and property.        client and because of McKechnie's substan-
                                                   It further asserts a violation of Rules of         tial legal experience and past disciplinary
                                                   Lawyer Discipline 1.2 A (8) regarding engag-       record, the North Dakota Supreme Court sus-
                                                   ing in conduct prejudicial to the administra-      pended McKechnie from the practice of law
                                                   tion of justice, and a violation of Rule           in North Dakota for six months and one day
                                                   3.1D(3), which requires a lawyer to make a         and ordered him to pay costs and attorney
                                                   written response to a disciplinary complaint.      fees for the disciplinary action.
                                                   In November 2003, the hearing panel con-
                                                   cluded that a violation of the rules as alleged
                                                   in the petition has occurred. The panel also
                                                   concluded there was a concern about

20                                                                                                                          The Gavel    March 2004
  The disciplinary board recommended
                                              ETHICS
                                                                &
                                                  Interim Suspension Ordered
                                                                             DISCIPLINE

Randall L. Hoffman should be suspended
from the practice of law for one year and pay       On January 8, 2004, Discipline counsel filed      LIBERTY BELL
                                                  application for order of interim suspension
costs of the disciplinary proceeding for vio-
                                                  of Richard C. Wilkes (admitted to practice          NOMINATIONS
lating N.D.R. Prof. Conduct 1.12(a), 3.4(d),
4.2, and 4.4. The case involved three allega-     1976). The application asserts Wilkes, took         SOUGHT
tions of misconduct. In the first incident,       $425,307 from two estates beginning in early
                                                  2001. The application is supported by affi-            The Information and Service
Hoffman participated as a district judge. He                                                          Committee is seeking nominations for
entered a default judgment in favor of the        davit of an IRS special agent. The Court
                                                  determined the information provided suffi-          the Liberty Bell Award. This award was
wife in a divorce action. Subsequently, after                                                         established over 20 years ago to recog-
resigning from the bench, Hoffman repre-          cient to implicate Rule 1.15(a), N.D.R. Prof.
                                                  Conduct, safekeeping property, which pro-           nize community service by a non-
sented the husband in related litigation                                                              lawyer that strengthens the effective-
between the divorcing parties without the         vides a lawyer shall hold property of client
                                                  for third persons in connection with the rep-       ness of the American system of free-
consent of the ex-wife. In the second inci-                                                           dom under law. The criteria for the
dent, Hoffman demanded his fiancé’s ex-           resentation separate from the lawyer’s own
                                                  property. The evidence further implicates           Liberty Bell Award include the promo-
boyfriend sign legal papers relating to cus-                                                          tion of our form of government; the
tody and visitation of the child of the ex-       Standard 4.11, N.D. Standards for Imposing
                                                  Lawyer Sanctions, which provides, absent            encouragement of a greater respect for
boyfriend and Hoffman’s fiancé. Hoffman                                                               law and the courts; and instilling a
threatened to withhold future scheduled visi-     aggravating or mitigating circumstances,
                                                  disbarment is generally appropriate when a          deeper sense of responsibility on the
tation if the ex-boyfriend did not sign the                                                           part of citizens regarding their duties
papers at that time, without consulting his       lawyer knowingly converts client property
                                                  and causes injury or potential injury to a          as well as their rights. Nominations,
attorney. In the third incident, Hoffman rep-                                                         including resumes, should be sent to
resented his wife in the on-going custody         client. The Court ordered Wilkes’ license to
                                                  practice law suspended effective immediate-         Christine Hogan, SBAND, P.O. Box
and visitation dispute with her ex-boyfriend.                                                         2136, Bismarck, North Dakota 58502,
In the litigation, Hoffman served inappropri-     ly. Disciplinary counsel was directed to apply
                                                  to the district court for a professional            by April 1, 2004.
ate, irrelevant, and burdensome recovery
requests. The Supreme Court concluded             trustee.
Hoffman violated Rule 1.12(a), which pro-           Following the order of interim suspension,
hibits a lawyer from representing anyone in       Wilkes requested an opportunity to demon-
connection with a matter in which the lawyer      strate the order should not remain in force.
participated as a judge unless all parties con-   Wilkes asserted there was insufficient evi-        IRS Website Offers
                                                  dence to establish his conduct is causing or
sent; Rule 4.2, which prohibits a lawyer from
communicating with a person the lawyer            is likely to cause immediate and serious           Identification
knows to be represented by another lawyer         injury to a client or the public. He further
                                                  asserted the heirs of the two estates will be
                                                                                                     Numbers for
without the consent of the other lawyer; Rule
4.4, which prohibits a lawyer form using          adequately protected through the investiga-        Businesses
means that have no substantial purpose            tion of disciplinary counsel and through
                                                  their recent retention of their own counsel.         IRS now allows businesses to obtain
other than to embarrass or burden a third                                                            employer identification numbers directly
person; and Rule 3.4(d), which prohibits a        After a hearing on January 22, 2004, the
                                                  Court determined Wilkes had not demon-             from its Web site. New business owners or
lawyer from making frivolous discovery                                                               their tax professional representative can go
requests. The Court suspended Hoffman             strated to the Court’s satisfaction the order of
                                                  interim suspension should be discontinued.         to www.irs.gov to apply and obtain their
from the practice of law for one year, effec-                                                        EIN via the Internet, 24 hours a day, 7 days
tive December 2003, and ordered him to pay        The Court ordered that its order of interim
                                                  suspension entered January 15, 2004, is con-       a week. Simply search by “EIN” to begin
$4,553 in costs.                                                                                     the process. No registration is required to
                                                  tinued.
                                                                                                     use the system and the number is issued
                                                                                                     immediately.
                                                                                                        The EIN online processing eliminates
                                                                                                     the need to send paperwork to the IRS. It
                                                                                                     also eliminates delays caused by incom-
                                                                                                     plete application forms.
                                                                                                        While Internet is the preferred method,
                                                                                                     businesses may still obtain EINs by calling
                                                                                                     1-800-829-4933 from 7:30 a.m. to 5:30
                                                                                                     p.m. (local time), by mail or fax (see Form
                                                                                                     SS-4 instructions).

The Gavel    March 2004                                                                                                                         21
                                                      BOARD OF GOVERNORS

  Alexander F.                                        Jason R. Vendsel obtained his B.S. and          Litigation, Personal
Reichert was born in                                  B.A. Degrees from the University of North       Injury and Medical
Williston and grew up                                 Dakota in 1988. He obtained his J.D. from the   Malpractice.
in Dickinson, ND. He                                  University of North Dakota, with distinction,     Jason is actively
received a Bachelor's                                 in 1991. He was admitted to the North Dakota    involved with various
Degree in Accounting                                  Bar in 1991 and the Minnesota Bar in 1993.      organizations in the
from the University of                                   After graduating from law school, Jason      Minot community and
Minnesota and                 Alexander F. Reichert   clerked for the Honorable Karen Klein, U.S.     continues to be active
attended the University                               Magistrate Judge, until 1993. He then went      in the Ward County Bar
                                                                                                                                      Jason Vendsel
of North Dakota Law School. While in law              into private practice in Moorhead and joined    Association. He is
school he completed the CPA examination               the McGee Law Firm in Minot in 1997. Jason’s    Married to Kristin and they have two sons,
and become a licensed CPA. After law school           litigation practice includes Insurance          Cole, 11, and Lane, 8. In his spare time he
he clerked for the Honorable Federal                  Defense, Construction Litigation, Tort          enjoys skiing, golf and time at the lake.
Magistrate Dwight Kautzmann and the
Honorable Federal Judge Patrick Conmy. He
currently has his own firm in Grand Forks
North Dakota, practicing in the areas of crim-
                                                         Hill on State of the Treasury
inal, family, corporate and litigation.                  Association Secretary-Treasurer Tim Hill reported that the Board of Governors was
  Alex married Stephanie Blair in 2001 in                pleased with the findings of the 2002 audit, which once again gave the Association an
Playa del Carmen, Mexico with many close                 unqualified opinion, the highest opinion available for an association.
friends and family members in attendance.
He and Stephanie have one child, Max, who is             Mr. Hill reported all Association expenses are closely monitored by the Board of
six months old and has become Steph and                  Governors to guarantee the membership receives the best value for the dollar. The board
Alex’s main hobby.                                       tracks all spending through detailed monthly financial reports to ensure the Association
                                                         can continue to provide quality services and programs its membership has come to
                                                         expect.




22                                                                                                                          The Gavel     March 2004
                                             Goodbye LAND, Hello LSND!

  Following over two years of negotiations,       ronment and work in Fargo” Catalano said.“I
Legal Assistance of North Dakota, Inc., LAND,     know Jim will do an excellent job.We are for-
and North Dakota Legal Services of New Town       tunate to have someone of his experience,
(NDLS) will be consolidating January 1, 2004      dedication and visibility to lead Legal Services
to form a statewide civil legal services pro-     of North Dakota in the new direction.”
gram. The new program will be called Legal          LSND will employee a dozen attorneys.
Services of North Dakota.And will serve all       According to Jim Fitzsimmons,“all of our
fifty three North Dakota counties and the         supervising attorneys are UND Law School
three northern Indian reservations in the         graduates and all have significant federal
state.                                            Indian Law background.”                                Diane Johnson             Richard Hagar
  The Standing Rock Sioux Reservation will          Brad Peterson will supervise the Bismarck
continue to be served by Dakota Plains’ Fort      law office, while Carrie Francis will head the
Yates office.                                     Minot law office and Edward Reinhardt, Jr. will    with the Law School is
  LSND will be headquartered in Bismarck          return from Albuquerque, NM to supervise           very important to this
with regional law offices located in Fargo,       the New Town Office.                               organization and to law
Minot, Bismarck and New Town. Former                A seventeen member board of directors will       students” Jim
NDLS Executive Director Jim Fitzsimmons           provide oversight for the program.Among the        explained.“We are real-
will serve as the Executive Director of the new   eleven attorney board members will be LAND         ly glad to have Jeanne
program while Richard R. LeMay of Minot will      Board President Richard Hagar, NDLS Board          on the board because of
be employed as Director of Litigation. Current    Chairperson, Diane Johnson, current NDLS           her of practical experi-
LAND Executive Director, Linda Catalano, who      Board Chairperson, and Jeanne McLean, the          ence, including working
chose not to continue as Executive Director,      assistant dean of the UND School of Law, fill-     in the area of Indian            Linda Catalano
will manage the Fargo law office of LSND.“ I      ing a newly created attorney position on the       Law and with law stu-
am eager to get back into the law office envi-    LSND Board.“Continuing a formal connection         dents on legal aid
                                                                                                     cases.”
                                                                                                       According to
                                                                                                     Fitzsimmons “ A whole
                                                                                                     lot of folks put a great
                                                                                                     deal of time into mak-
                                                                                                     ing this consolidation a
                                                                                                     reality. The most credit
                                                                                                     should go to the Joint
                                                                                                     Consolidation
                                                                                                                                     Jim Fitzsimmons
                                                                                                     Committee formed by
                                                                                                     the two programs back
                                                                                                     in 2002.” The Joint Consolidation Committee
                                                                                                     consisted of Laurel Forsberg, (Williston),Wade
                                                                                                     Enget (Stanley), Gary Ramsey (Dickinson),
                                                                                                     Alan Lerberg (Parshall) and client representa-
                                                                                                     tive Susan Ternes of Minot.
                                                                                                       The SBAND Joint Committee on Civil Legal
                                                                                                     Services for the Poor also played in integral
                                                                                                     role in shaping the new program, encouraging
                                                                                                     the consolidation and fostering future cooper-
                                                                                                     ative efforts between LSND and SBAND.
                                                                                                       “We have a lot of work ahead of us”, said the
                                                                                                     new Executive Director.“We need to increase
                                                                                                     our visibility and improve access statewide to
                                                                                                     services. I want to see the new program han-
                                                                                                     dle a significant number of court cases the
                                                                                                     first year. I also want to see LSND get very
                                                                                                     proactive in preventative legal education.
                                                                                                       Key to all these efforts will be significantly
                                                                                                     increasing our overall funding”. Fitzsimmons
                                                                                                     added.

The Gavel    March 2004                                                                                                                            23
                                          SBAND MEMBERSHIP SURVEY

          Who are we and how are we doing?
CHAPTER ONE:                                       We asked members to rank the importance of some of the services the State Bar
Association Services                               Association provides – are they very important, important, somewhat important, not
At the request of your board of directors, a       very important or not at all important. Here are the services more than half the
survey was sent to all SBAND members earli-        respondents felt were either very important or important…
er this year. After a great deal of serious num-
ber crunching, the results are now available.
And we now know more about you than we
quite know what to do with! 538 members
responded to the survey, a very good
response for a survey of this type, especially
since it was eight pages long. Our thanks to
every one who took the time to complete the
lengthy form and special kudos to Chair Paul
Ebeltoft and the members of his Survey
Committee who helped design it: Dan
Crothers, Harlan Fuglesten, Les Loble, Judge
Bruce Haskell and Dean Jerry Davis

The 538 surveys returned provide a maxi-
mum margin of error of +3.5%. The “stan-
dard” maximum margin of error for a study
of this nature is +5.0%. Therefore, the results
for this survey are more accurate than those
typically used for decision-making purposes,
according to Winkelman Consulting of Fargo,
the research firm that did the survey tabula-
tion for us.
                                                   Generally, members felt they were getting
Survey results are designed to help us build a     about the right amount of services by the
better, stronger association. The board and        Association. Here are some specifics.
association members can feel comfortable
making management decisions based on the
results of this survey.

Over the next few months, we will report to
you in The Gavel and on our website some of
the most important findings of this survey.
Here is the first report.
SBAND Services
                                                                                                   How important are Free Ethics Seminars?
                                                                                                   More than 70 per cent of respondents felt
                                                                                                   Free Ethics Seminars are important or very
                                                   How important are CLE seminars (other           important.
                                                   than annual meeting)?
                                                   Nearly three-fourths of you felt CLE seminars
                                                   offered throughout the year are either impor-
                                                   tant or very important.




24                                                                                                                     The Gavel    March 2004
                                       SBAND MEMBERSHIP SURVEY




How important are Attorney Publications        How important are the Inquiry Committees?       How important are Judicial Candidate
provided by SBAND (Pattern Jury                Nearly 80 per cent of respondents felt the      Evaluations?
Instructions, Title Standards, etc.)?          Inquiry Committees are at least somewhat        More than three fourths of respondents felt it
Attorney Publications, such as Pattern Jury    important.                                      was at least somewhat important that attor-
Instructions (which are now online at our                                                      neys continue to provide input to the
website) and Title Standards were viewed as                                                    Governor by evaluating judicial candidates.
important or very important by more than
three-fourths of you.




                                               How important are Client Security Funds?
                                               Client Security Funds were viewed as at least
                                               somewhat important by more than two-
How important is a printed Bar                 thirds of respondents.                          How important are annual meetings?
Membership Directory?                                                                          About 60 percent felt annual meetings are at
The Membership Directory booklet (pre-                                                         least somewhat important to the organization
pared by the Board of Law Examiners) pro-                                                      and its members.
vides a convenient way for you to stay in
touch with each other. More than three-
fourths of you rated it important or very
important.




                                               How important is Consumer Protection
                                               (unauthorized practice of law)?
                                               More than half the respondents rated the        How important are CLE seminars (at the
How important is The Gavel?                    consumer protection services as important or    annual meting)?
The Gavel remains a popular communica-         very important.                                 More than two thirds of respondents felt CLE
tions tool. Nearly two-thirds of our members                                                   Seminars at the annual meeting were at least
rated it important or very important, with                                                     somewhat important.
another one-fourth rating it somewhat
important.

The Gavel   March 2004                                                                                                                    25
                                         SBAND MEMBERSHIP SURVEY




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(www.sband.org)?                                              STAT! STAT! Affidavits! No annoying bills.
The association is becoming more and more                                  $395 referral fee.
web-savvy. More than half of you rated our
SBAND website as important or very impor-
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tant, with another one-third rating it at least
somewhat important. Less than one-fifth of
the members don’t use the website. (Our
response–try it, you’ll like it!) Our guess is
that those numbers have changed dramati-
cally in the last couple of years, since the
association built a new, user-friendly website.

(Incidentally, age shows through more on this
question than on other questions we asked.
100 per cent of all attorneys under 30 rated
the website as at least somewhat important.
About one-fifth of all respondents over 50
said the website was not very important or
not important at all!


NEXT INSTALLMENT:
Who are we and how are we
doing?
Chapter 2:
Legislationand Lobbying
Members said we’re doing just about the right
amount of lobbying, and we’re communicat-
ing well with our members on legislative
issues. Watch for details.

We have compiled all the survey results into a
thick volume of data tables that tell you more
than you ever wanted to know about North
Dakota lawyers. Call or email the office and
we’ll mail you a copy for the cost of printing
and postage ($15).




26                                                                                                   The Gavel   March 2004
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                           with North Dakota attorneys

    Malpractice          • Many highly satisfied referring attorneys
                         • Reasonable division of fees

     Referrals           • Access to top medical experts
                         • Licensed in Minnesota and North Dakota


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                         Wayzata, MN
                         952-475-3435
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The Gavel   March 2004                                                 27
                      NEWS &             Notes
     The Law Firm of Ohnstad Twichell,
     P.C., is pleased to announce that Sara K. Sorenson        Prior to joining Ohnstad
     has joined the firm as an associate attorney. Ms.       Twichell, P.C., Ms.
     Sorenson grew up on a farm and ranch near White         Sorenson served as a two-
     Earth, North Dakota, and she graduated from             year law clerk to Judge
     Stanley High School. In 1998, she received a            Rodney S. Webb of the U.S.
     Bachelor of Science degree, with honor, from North      District Court for the
     Dakota State University, where her major was polit-     District of North Dakota.
     ical science and her minors were accounting and           Sara practices in the
     speech communication.                                   Fargo office, and is
       Ms. Sorenson graduated from the University of         licensed in both North              Sara Sorenson
     North Dakota School of Law, with distinction, in        Dakota and Minnesota. She will maintain a general
     2001. While in law school, she was the managing         practice of law, but will concentrate in the follow-
     editor of the North Dakota Law Review, and she          ing practice areas: corporate law contracts, busi-
     was selected as a teacher’s assistant for legal writ-   ness litigation, and taxation
     ing and appellate advocacy. She was also a member         The law firm is now comprised of the following
     of a trial team that advanced to the semi-finals of a   attorneys: Daniel R. Twichell, Duane R. Breitling,
     regional tournament.                                    William J. Brudvik, Jay D. Carlson, John P. Dosland,
       During law school, Sara worked for an account-        Thomas D. Fiebiger, Robert G. Hoy, John A. Juelson,
     ing firm for two tax seasons, and she passed all        Ross V. Keller, Marshall W. McCullough, Steven E.
     parts of the Certified Public Accountant (CPA)          McCullough, Michael D. Nelson, Brian D.
     exam. She need only obtain one year of accounting       Neugebauer, Robert E. Rosenvold, Brenda R.
     experience to obtain CPA certification, and she will    Rosten, S. Lee Vinje, David L. Wanner, and Sara K.
     seek this experience at Ohnstad Twichell, P.C.          Sorenson.




28                                                                                      The Gavel    March 2004
                                                     NEWS &            Notes
Magistrate Judge Karen K. Klein Designated
as Chief Magistrate Judge in North Dakota
  The United States District Court has desig-    to her judicial                                  State Bar Association of North Dakota
nated Magistrate Judge Karen K. Klein to         appointment, she                                 Alternative Dispute Resolution Committee, as
become the Chief Magistrate Judge in North       clerked for                                      a member of the North Dakota Supreme
Dakota. Chief Judge Daniel L. Hovland said       United States                                    Court Judiciary Standards Committee, and as
in that capacity, Judge Klein will have the      District Judge                                   a Chair of the United States District Court
responsibility to handle a wide variety of       Paul Benson in                                   Civil Justice Reform Advisory Group.
administrative duties, including coordinating    Fargo, North                                       Chief Judge Hovland said that Judge Klein is
and monitoring magistrate judge schedules,       Dakota, and                                      a superb judge who is highly respected by her
handling duty assignments, preparing             practiced law in          Judge Karen K. Klein   colleagues and attorneys throughout the
reports, and maintaining liaison with other      Fargo for six                                    State. Hovland said that Judge Klein recently
court officers and committees.                   years. Judge Klein presently serves as Chair     traveled to Serbia and the neighboring coun-
  Karen K. Klein, a United States Magistrate     of the Magistrate Judge Education Committee      try of Montenegro to assist those countries in
Judge for the District of North Dakota, has      of the Federal Judicial Center, through which    training their judges as well as to provide
served in that position since 1985 with cham-    she participates in planning and frequently      assistance in the administration of their
bers in the United States Courthouse in          appears as a faculty member at judicial edu-     courts. Judge Klein was also recently
Fargo. Judge Klein was raised in the Minot       cation programs. She is a member and cur-        appointed by Chief Justice William Rehnquist
area and received her B.S. degree from Minot     rently an officer of the Federal Magistrate      of the United States Supreme Court to serve
State University. She served as a volunteer in   Judges Association, and a member of the          on the Federal Judicial Center's Advisory
the VISTA program (Volunteers in Service to      Ronald N. Davies Inn of Court, previously        Committee on Magistrate Judge Education.
America) and then attended law school at the     serving a term as president. Judge Klein also    Hovland said that the designation as Chief
University of North Dakota, receiving her        served for six years as a member of the          Magistrate Judge is a fitting tribute to Judge
Juris Doctor degree with distinction in 1977.    United States Judicial Conference Committee      Klein and the valuable services that she pro-
During law school she served as Editor-in-       on the Administration of the Magistrate          vides to the federal district courts.
Chief of the North Dakota Law Review. Prior      Judges System, as a member and Chair of the




The Gavel    March 2004                                                                                                                     29
                                  SBAND COMMITTEE APPOINTMENTS

COMMITTEES, SECTIONS, BOARD of GOVERNORS
Revised January 2004

Administrative Law Committee                                    Editorial Board
Carmen Miller, Bismarck, Chair           2005       328-3640    Sherry Mills Moore, Bismarck, Chair   2005               222-4777
Mark Douglas, Jamestown                  2005       252-7394    Bradley Swenson, Fargo                2005               235-6000
Richard LeMay, Minot                     2005       852-3870    Steven Lamb, Fargo                    2005               280-1100
Kevin McCabe, Bismarck                   2005       328-3627    Todd Cresap                           2006               852-4118
Allen Hoberg, Bismarck                   2004       328-3260    Hon. Gail Hagerty, Bismarck           2004               222-6682
Gordon Myerchin, Grand Forks             2004       775-5595    Daniel Traynor, Devils Lake           2004               662-4077
Susan Schmidt, Bismarck                  2004       255-1344    James Leahy, Fargo                    2004               298-0500
Gary Ficek, Fargo                        2006       241-8525    Julie Krenz, Bismarck                 2006               328-2210
Melissa Hauer, Bismarck                  2006       328-3332    Hon. Mary Maring, Bismarck            2006               328-2221
                                                                Chad Nodland, Bismarck                2006               222-3030
Advisory Council To The Office of Administrative Hearings
Illona Jeffcoat-Sacco, Bismarck, Chair 2006          328-2400   Ethics Committee
Alan Hoberg                                                     Mark Hanson, Fargo, Chair             2005               237-5544
                                                     328-3260   Douglas Bahr, Bismarck                2005               328-3640
DeNae Kautzmann, Bismarck              2005          328-2310   Dann Greenwood, Dickinson             2005               225-6074
Lawrence Spears, Bismarck              2005          224-0588   Frederick R. Fremgen, Jamestown       2005               252-6688
Timothy Wahlin, Bismarck               2005          328-3800   Sherry Mills Moore, Bismarck          2004               222-4777
Dave Clinton, Bismarck                 2004          328-3076   David Petersen, Grafton               2004               352-2810
Kathryn Dietz, Bismarck                2004          222-1761   Peter Halbach, Devils Lake            2004               662-2121
Brent Edison, Bismarck                 2004          222-2721   Susan Bailey, Fargo                   2004               239-6778
Mark Douglas, Jamestown                2004          252-7394   Steve McCullough, Fargo               2006               282-3249
Krista Andrews, Bismarck               2006          328-2311   Jim Hill, Bismarck                    2006               223-2711
Jackie Anderson, Fargo                 2006          237-5544   Tony Weiler, Bismarck                 2006               224-0430

Consumer Protection Committee                                   Information and Service Committee
John Bjornson, Bismarck, Chair           2006       328-2916    Jodi Bjornson, Bismarck, Chair    2005                   328-3800
Kip Kaler, Fargo                         2005       232-8757    Dean Winkjer, Williston           2005                   577-0270
Michelle Donarski, Fargo                 2005       235-3300    Clark Bormann, Bismarck           2005                   250-8968
Harlan Fuglesten, Fargo                  2005       235-0168    Mark Douglas, Jamestown           2004                   252-7394
Todd Sattler, Bismarck                   2005       328-2811    Mary Rothfusz, Fargo              2004                   235-3249
Denise Hays, Minot                       2004       852-0381    Lynn Jordheim, Fargo              2004                   297-7400
Dale Rivard, Grand Forks                 2004       787-8575    David Chapman, Fargo              2006                   232-2500
Marilyn Foss, Bismarck                   2004       355-4538    Jim Vukelic                       2006                   222-1908
Michael Montgomery, Fargo                2006       281-8001    Kenneth Dalsted, Jamestown        2006                   252-6668
Dwight Eiken, Williston                  2006       577-2000    Lisa Lauinger, Bismarck           2006                   222-1170

Continuing Legal Education Committee                            Inquiry Committee Southeast
Bruce Carlson, Fargo, Chair              2005       293-9190    Patricia Monson, Fargo, Chair         2005               237-5544
Bryan Van Grinsven, Minot                2005       852-2544    Jean Hannig, Fargo                    2005               232-5051
Jane Dynes, Fargo                        2005       232-8957    Arlette Preston, Fargo                2005               232-4964
Donald L. Jorgensen, Mandan              2005       667-3357    Richard E. T. Smith, Wahpeton         2005               642-2668
Cynthia Feland, Bismarck                 2004       222-6672    Pam Anderson, Fargo                   2004               293-4908
Mike Hamerlik, Fargo                     2004       282-1868    Robin Huseby, Valley City             2004               845-8526
Marilyn Foss, Bismarck                   2004       355-4538    Cynthia Schaar, Jamestown             2006               252-2090
Brenda Rosten, Fargo                     2006       282-3249    Dr. James McDonald                    2006               235-1261
Bill Harrie, Fargo                       2006       237-5544    David Hauff, Farg                     2006               235-3300
Mary Seaworth, Grand Forks               2006       772-4225
Bradley Beehler, Grand Forks             2006       772-7266
(All section chairs are also on this committee)



30                                                                                                           The Gavel   March 2004
                                 SBAND COMMITTEE APPOINTMENTS

Inquiry Committee West                                      Sandi Tabor, Bismarck             2005    328-2210
Leslie Oliver, Bismarck, Chair         2005      258-7899   Robert Udland, Fargo              2005    237-6983
Sean Smith, Bismarck                   2005      258-4000   Barbara Cichy                     2005    224-5422
Cathy Keiser, Bismarck                 2006      258-0333   Dr. Gregory Post                  2005    234-6958
Thomas Ribb, Dickinson                 2004      483-0011   (JASC terms end December 31t)
Vince Ficek, Dickinson                 2004      290-2341
Tim Lervick, Bismarck                  2004      223-1986   Joint Committee on Civil Legal Services
Mike Waller, Bismarck                  2006      223-6585   Dann Greenwood, Dickinson, Chair 2004     225-6074
Mack Huncovsky Bismarck                2006      221-4330
Todd Kranda, Mandan                    2006      663-9818   SBAND Appointees
                                                            Diane Hausmann, Grand Forks       2006    787-8575
Inquiry Committee Northeast                                 Janis DeRemer, Grand Forks        2005    775-8849
Nicholas Hall, Grafton, Chair          2004      352-2810   Mary Kay Kelsch, Mandan           2005    663-6568
Kristen Pettit, Grand Forks            2005      780-9276
Kate Kenna, Grand Forks                2005      795-3014   Supreme Court Appointees
Father Richard Grosz, Grand Forks      2005      780-5300   Brenda Dissette, Bismarck         2004    258-9101
Vicki Gordon, Grand Forks              2004      795-5402   Mark Schneider, Fargo             2002    235-4481
David Sogard, Grand Forks              2005      795-4000   Senator Darlene Watne, Minot      2003    852-4376
Carol Johnson, Grand Forks             2004      772-8111
Douglas Broden, Devils Lake            2006      662-2616   Legal Services Appointees
Lawrence DuBois, Cavalier              2006      265-8446   Jim Fitzsimmons, New Town         2003    627-4719
                                                            Bradley Peterson, Bismarck        2005    258-4270
Joint Alternative Dispute Resolution Committee              Linda Catalano, Bismarck          2004    222-2110
(Administrative Rule 43)                                    Hon. David Nelson, Williston      2004    572-1705
Rebecca Thiem, Bismarck, Chair       2005        223-2711
                                                            Joint SBAND/NDMA Committee
Supreme Court Appointees                                    Jason Vendsel, Minot, Chair       2006    852-2544
Dr. James Antes, Grand Forks           2003      777-3882   Bruce Levi, Bismarck              2005    223-9475
Hon. Lee Christofferson, Devils Lake   2004      662-1300   Albert A. Wolf, Bismarck          2005    223-5300
Daniel Dunn, Fargo                     2004      237-5297   Virginia Carter, Fargo            2004    237-5700
Richard Gross, Bismarck                2004      224-0588   Michael Hamerlik, Fargo           2004    282-1868
Rep. Kim Koppelman, West Fargo         2004                 Chris Carlson, Bismarck           2004    258-4800
                                                            Angie Lord, Fargo                 2006    237-6983
SBAND Appointees                                            Melody Jensen, Fargo              2006    237-5700
Joanne Ottmar, Jamestown               2006      252-7229   Brad Beehler, Grand Forks         2006    772-7266
Jack Marcil, Fargo                     2006      232-8957
Kristine Paranica, Grand Forks         2005      777-3664   Law-Related Education Committee
Leo Wilking, Fargo                     2005      237-5544   James Leahy, Fargo, Chair         2004    298-0500
Rev. Laurie Natwick, Bismarck          2006      255-1001   Linda Catalano, Bismarck          2005    222-2110
                                                            Kristy L. Albrecht, Fargo         2005    235-6000
Joint Attorney Standards Committee                          Robin Thompson Gordon, Drake      2005    465-0273
(Administrative Rule 38)                                    Rhonda Ehlis, Dickinson           2005    483-4500
Supreme Court Appointees                                    Dale M. Kadlec, Fargo             2005    281-6707
Alice Senechal, Grand Forks, Chair 2006          775-3117   Greg Selbo, Fargo                 2004    237-5544
To be filled                       2004                     Kristen Pettit, Grand Forks       2006    780-9276
Hon. Karen Braaten, Grand Forks    2004          795-3824   Tami Norgard, Fargo               2006    237-6983
Elaine Fremling, Fargo             2004          232-7681
Mike J. Williams, Fargo            2005          237-5297   Legislative Committee
Randy Lee, Grand Forks             2004          775-0268   Christine Hogan, Chair                    255-1404
Tim Priebe, Dickinson              2005          227-1841   Lawrence King, Bismarck           2005    328-3865
                                                            Calvin Rolfson, Bismarck          2005    223-1986
SBAND Appointees                                            Malcolm Brown, Bismarck           2005    224-8825
Jean Hannig, Fargo                     2006      232-5051   Robert Harms, Bismarck            2005    328-2200
David Hogue, Minot                     2006      852-0381   Hon. Gail Hagerty, Bismarck       2004    222-6682
Ronald Reichert, Dickinson             2004      225-6711   Judge Allan Schmalenberger        2004    264-7658

The Gavel    March 2004                                                                                      31
                               SBAND COMMITTEE APPOINTMENTS

Dan Kuntz, Bismarck                   2004              223-2711     SECTIONS
Sandi Tabor, Bismarck                 2004              328-2210     Business & Corporations Section
Joel Gilbertson, Bismarck             2003              258-7121     Mark Foss, Bismarck, Chair                              221-4440
Gerry Gunderson, Bismarck             2003              255-6060
Sherry Mills Moore, Bismarck          2003              222-4777     Family Law Section
John Olson, Bismarck                  2003              223-4524     Sandy Kuntz, Chair                                      352-2810
Brenda Neubauer, Bismarck             2006              355-1078
                                                                     Legal Economics Section
ND Commission for Continuing Legal Education                         James Coles, Bismarck, Chair                            222-8131
(Rule 2, N.D.R. Continuing Legal Ed.)                                Real Property, Probate & Trust Law Section
Lolita Romanick, Grand Forks, Chair 2004                772-7266     Grant Shaft, Grand Forks, Chair                         772-8156
Roger J. Minch, Fargo                 2005              232-8957
Timothy Ottmar, Jamestown             2005              252-7229     Taxation Section
Malcolm Brown, Bismarck               2004              224-8825     Rodger Mohagen, Fargo, Chair                            293-8344
Gary Lee, Minot                       2004              839-1740
Cynthia Norland, Bismarck             2006              222-7902     Women Lawyers Section
Constance Cleveland, Fargo            2006              239-6797     Jodi Bjornson, Bismarck, Chair                          328-3800

Volunteer Lawyer & Lawyer Referral Committee                         Young Lawyers Section
LaRoy Baird, Bismarck, Chair       2006                 223-6400     Christel Bender, Chair                                  237-0847
DeAnn Pladson, Fargo               2005                 237-5297
James Fitzsimmons, New Town        2005                 627-4719     Criminal Lawyers Section
Marlyce Wilder, Williston          2006                 572-8121     Bruce Quick, Fargo, Chair                               237-6983
Janet Zander, Williston            2004                 572-4905
Janis DeRemer, Grand Forks         2006                 775-8849
Mark Greenwood, Dickinson          2004                 227-3607     BOARD OF GOVERNORS
Shawnda Reid, Bismarck             2006                 223-2711     Maureen Holman, Fargo, President                        232-8957
Kent Morrow, Bismarck              2006                 255-1344     Sherry Moore, Bismarck, President-elect                 222-4777
                                                                     Gary H. Lee, Minot , Immediate Past President           839-1740
Pattern Jury Instruction Commission                                  Timothy P. Hill, Fargo, Secretary-Treasurer             293-7612
(Administrative Rule 23)                                             James Hill, Bismarck, ABA Delegate                      223-2711
Tim Purdon, Bismarck, Chair            2004               222-4400   David L. Petersen, Grafton
Stephen Plambeck, Fargo                2006               237-5544     NE Judicial District                                  352-2810
Ron McLean, Fargo                      2006               232-8957   Alexander Reichert, Grand Forks
Hon. Mikal Simonson, Valley City       2006               845-8593     NE Central Judicial District                          787-8802
Hon. Wade Webb, Fargo                  2006               241-5680   Steven McCullough, West Fargo
Alvin Boucher, Grand Forks             2005               775-3117     East Central Judicial District                        282-3249
Hon. John Greenwood, Jamestown         2005               252-9044   Stephen M. McLean
Larry Boschee, Bismarck                2005               223-2890     SE Judicial District                                  742-3247
Hon. Gail Hagerty                      2005               222-6682   Lawrence King, Bismarck
Hon. Bruce Haskell                     2005               222-6682     South Central Judicial District                       223-2711
Hon. John McClintock, Jr., Rugby       2004               776-5375   Randall N. Sickler, Dickinson
Brad Beehler, Grand Forks              2004               772-7266     SW Judicial District                                  227-1841
Lynn Kerbeshian, Grand Forks                              775-7384   Jason Vendsel, Minot
 (Judges appointed by Supreme Court / Lynn is hired by Commission)     NW Judicial District                                  852-2544
                                                                     Candace Zierdt, Grand Forks
                                                                       Interim Dean, UND School of Law                       777-2104
                                                                     Christine Hogan, Bismarck
                                                                       Executive Director                                     255-1404
                                                                                                                     or 1-800-472-2685




32                                                                                                               The Gavel   March 2004
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   09/02
The Gavel    March 2004                                                                                                                                                        33
                                                                         PRESIDENT’S MESSAGE
                                                   Milestones, Memories, and Moving Forward
                                                     The summer of 2003 was a summer of mile-          tions. The growth in the number of lawyers lev-
                                                   stones for the Holman family. Our youngest son      eled out and began to fall for the first time in
                                                   turned 18, our oldest son turned 21, I marked       2001. Thus, income from fees has been static or
                                                   20 years in the practice of law and my husband,     declining.
                                                   Brent and I, celebrated 30 years of marriage.         SBAND has traditionally relied upon interest
                                                   Inevitably, these milestones triggered memo-        income from the investment of its reserves.
                                                   ries.We recalled our wedding day, the births of     With the downturn in our economy, the interest
                                                   our children and our children’s “firsts,” such as   income has dramatically declined. Interest
                                                   first teeth, first day of school and first girl-    income added $34,000 for operational expenses
                                                   friend.Although it was fun to revisit those         in 2000, but added only $13,500 in 2002.
                                                   pleasant memories, two events have occurred           The Board of Governors and the Executive
                                                   which remind us to look forward, rather than        Director have attempted to closely manage the
                                                   wallowing in the past: I became president of        budget in order to deal with the shortfalls in
                                                   SBAND; and my husband became president of           income. The easiest way to control a budget is
                                                   the ND Dental Association. Memories enrich          to reduce staff expenditures. However, the cuts
             By Maureen Holman                     our life, but it is only by looking forward and     in staff have resulted in declining services for
                                                   making plans for the future that you can create     our membership. For example, SBAND was
                        President, SBAND           those fond memories.                                only able to mail out two issues of the Gavel last
                                                     Bar presidents often plan an agenda for their     year, primarily because staff was not available
                                                   year of service with a goal of completing one or    to work on the publication.We need to be able
                                                   more major projects. Just as often, events pre-     to communicate fully with our members, so an
                                                   vent the achievement of those projects.             increase in staff is vital to the organization.
                                                   Nonetheless, it is important to have a goal in      In the next year, we want to increase, rather
                                                   mind and establish priorities to achieve those      than decrease, services to our members.We
                                                   goals. This year, I want to focus on improving      want to expand the website and continue to
                                                   the health of the Bar Association and its mem-      provide services for our members such as mak-
                                                   bers.                                               ing the pattern jury instructions available on
                                                     Health can be financial health, physical health   the website.We may have to deplete some of
                                                   and emotional health.All of these aspects of        our reserves in order to do this. Depleting the
                                                   health apply not only to the Association as a       reserves may be necessary on a short-term
                                                   whole, but to the individual members of             basis, but is not a long-term solution to the
                                                   SBAND. In each of the my presidential missives,     problem. In order to ensure SBAND’s financial
                                                   I hope to present ideas that will assure that       health, we will be considering what amount of
                                                   SBAND and its members achieve a robust              dues increase will help us maintain a viable
                                                   health to insure future positive memories for all   organization.
                                                   of us.                                                SBAND is also trying to do something to
                                                     The financial health of SBAND and its mem-        ensure the financial health of individual attor-
                                                   ber attorneys needs to be improved. The Board       neys who provide legal representation for indi-
                                                   of Governors presented a resolution at the 2003     gent persons in criminal cases. I have appointed
                                                   Annual Meeting requesting an increase in dues.      members to an Indigent Defense Task Force.
                                                   Although procedural issues prevented us from        This Task Force is working with the Legislative
                                                   deciding whether the dues should be increased,      Counsel to study the indigent defense system
                                                   this is an issue which must be addressed.You        and to study the feasibility of establishing a
                                                   can expect that the Board of Governors will be      public defenders’ system in this state. I salute
                                                   suggesting a dues increase at next year’s Annual    those members of the Bar who continue to pro-
                                                   Meeting.                                            vide a good defense for indigent criminal
                                                     SBAND has not had an increase in the dues         defendants, in spite of ever-increasing case
                                                   earmarked for operational funds since 1991.At       loads and inadequate compensation. The Task
                                                   that time, the members approved a fee increase      Force will certainly give us suggestions as to
                                                   of $30 per year.All other dues increases since      ways in which the financial health of these
                                                   that time have been earmarked for either client     attorneys can be improved.
                                                   protection or discipline.                             I look forward to meeting many of you as I
Cover: Maureen Holman – lawyer mediator, leader,     The sources of income for SBAND’s opera-          travel around the state. Please contact me if you
volunteer and mother – is the President of the     tional expenses have been decreasing in two         have ideas as to how we can ensure the health
Association. Holman is pictured with husband,      areas. First, lawyer numbers are decreasing. In     of our organization so that membership in our
Brent, and sons Josh and Zach.
                                                   the years from 1991 to 1997, SBAND saw an           Association will create pleasant memories for
                                                   increasing number of lawyers which gave it          all members.
                                                   increasing funds each year to run its opera-
Published by The State Bar Association of North Dakota    PRESORTED
P.O. Box 2136                                              STANDARD
                                                          US POSTAGE
Bismarck, ND 58502                                            PAID
                                                         BISMARCK, ND
                                                         PERMIT NO. 188
                                       December 2003




 Official Publication of the State Bar Association of North Dakota




                                                                     March 2003




Maureen Holman, SBAND President, & Family

								
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