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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: firstname.lastname@example.com 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 email@example.com • email@example.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 email@example.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 Medical Malpractice Experts by America's Largest & Most Respected Trial Consultants. Billions of dollars paid to our clients in 21 years. Trial performance sharpened. FREE case evaluation. How important is the Association website FREE detailed report if no merit. (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- Health Care Auditors Inc Toll Free 877-390-HCAI 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 Medical • Over 15 years of proven success working 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 Lee Bissonette Lambert & Bissonette Wayzata, MN 952-475-3435 800-947-2176 www.mymedicalcase.com 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 WHAT ARE YOU LOOKING FOR in a 401(k) plan? service flexibility advice value all doors lead to the... ABA Members Retirement Program T he ABA Members Retirement Program has been providing retirement plans, such as 401(k), profit sharing and defined benefit plans to law firms for more than 30 years. Whether you operate a solo practice or a large firm, the ABA Program can provide an effective plan for your firm. We provide firms with a full service solution that includes plan administration, invest- ment flexibility and independent on-line investment advice from Financial Engines®. 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However, this does not constitute, and is in no way a recommendation with respect to any security that is available through the Program. 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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