North Dakota Supreme Court Decisions
The North Dakota Supreme Court began its history as the Supreme Court of the Dakota Territory in 1861. The size of the court varied between three and eight justices until the adoption of the North Dakota Constitution in 1889. While the Constitution initially set the size of the Court at three justices, a constitutional amendment in 1908 increased it to five justices, which is the size that it remains today. Each justice serves a 10-year term, as provided by a constitutional amendment in 1930.
Under the North Dakota Constitution, the Supreme Court holds general appellate jurisdiction as well as the authority to issue any writs that are needed to exercise its jurisdiction. It also holds the authority to form a three-member panel, known as a Court of Appeals, to hear cases that the Supreme Court assigns to it when the need arises. The Supreme Court chooses the members of the Court of Appeals from retired Supreme Court justices, current or retired lower court judges, and lawyers. A study by Stanford University in 2012 found that the Court is the second-most conservative state supreme court in the U.S.
To serve on the North Dakota Supreme Court, a candidate must be a U.S. citizen and a resident of North Dakota. They also must be “learned in the law.” Candidates run for seats on the Court in non-partisan elections. This means that voters do not see the political affiliation of a candidate on the ballot. Elections are staggered so that one judge is elected every two years. However, if a vacancy arises, the Governor of North Dakota has the authority to appoint a replacement justice. This justice will serve for up to two years until the general election, in which they can run to retain their seat. The justices of the North Dakota Supreme Court and the District Court judges vote to elect the Chief Justice every five years, or when a vacancy arises.
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Recent Decisions From the North Dakota Supreme Court
Date: July 5, 2024
Citation: 2024 ND 131
Docket Number: 20230225
Justia Opinion Summary: The case revolves around Equinor Energy LP's appeal against the North Dakota State Tax Commissioner's denial of sales tax refunds. Equinor, an oil and gas producer, had purchased and paid North Dakota sales tax on…
Date: July 5, 2024
Citation: 2024 ND 138
Docket Number: 20230267
Justia Opinion Summary: This case involves a legal malpractice claim brought by Anne Fahey, Timothy Fife, and Richard Fife (Plaintiffs) against their former attorneys, Andrew Cook, Lukas Andrud, and Ohnstad Twichell, P.C. (Defendants). The…
Date: July 5, 2024
Citation: 2024 ND 137
Docket Number: 20230326
Justia Opinion Summary: This case involves a dispute between Dorchester Minerals, L.P. (Dorchester) and Hess Bakken Investments II, LLC (Hess) over unpaid royalties and statutory interest. Dorchester, an unleased mineral interest owner, claimed…
Date: July 5, 2024
Citation: 2024 ND 130
Docket Number: 20230360
Justia Opinion Summary: This case involves a dispute between Amber Elizabeth McCay and David William McCay, who were married in 2016 and divorced in 2018. They have one minor child, for whom David was initially awarded primary residential…
Date: July 5, 2024
Citation: 2024 ND 135
Docket Number: 20230389
Justia Opinion Summary: The case involves East Central Water District ("East Central") and the City of Grand Forks ("City"). East Central alleged that the City unlawfully curtailed its water service area, violating federal and state laws. East…
Date: July 5, 2024
Citation: 2024 ND 133
Docket Number: 20230390
Justia Opinion Summary: Mark Andrew Belyeu was charged with five offenses related to sexual exploitation of a minor. He initially pled guilty to two of the charges, but later withdrew his pleas. After a change of counsel, Belyeu again pled…
Date: July 5, 2024
Citation: 2024 ND 127
Docket Number: 20240004
Date: July 5, 2024
Citation: 2024 ND 127
Docket Number: 20240005
Date: July 3, 2024
Citation: 2024 ND 113
Docket Number: 20230310
Justia Opinion Summary: The case involves a dispute between Mary Roth and Gary Meyer, who were in a relationship and cohabitated from 2002 to 2022. They shared a bank account and ran an intermingled cattle herd. The dispute arose over the…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
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