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Retired Justice Carol Ronning Kapsner: A passion for learning and the law By Kylie Blanchard, Clearwater Communications Justice Carol Ronning Kapsner retired from the North Dakota Supreme Court on July 31 after serving nearly 19 years on the bench. While her early caree r pursuits didn’t include law school, she soon found her passion and career in studying the law as a student, lawyer, and judge. “I always loved studying the law and I liked being a student, and that is what being an appellate judge is,” she notes. Discovering Law Kapsner, a Bismarck native, attended St. Mary’s Central High School and later the College of St. Catherine in St. Paul, Minn., where she received a bachelor of arts degree in English literature in 1969. She studied 17th century English literature at Oxford University, and as a Woodrow Wilson fellow and Indiana University fellow, received a master of arts degree in English literature from Indiana University in 1971. While in graduate school, her interest in law was piqued by her husband, John C. Kapsner, who was a law student at the time. “I planned to be a professor of literature, but my husband would come home and discuss what he was doing in law school and I thought, ‘this sounds really interesting.’” After spending time raising her two young daughters, she attended law school and received her juris doctor degree from the University of Colorado School of Law in Boulder, Colo., in 1977. Soon after, she and her family moved back to Bismarck, and Kapsner and her husband started the law firm of Kapsner and Kapsner. She remained in private practice until 1998, focusing on family and real estate law and later representing medical-related groups and associations. Kapsner says one of the largest and most influential cases she worked on while in private practice was The ARC of North Dakota, et al., v. Governor of the State of North Dakota Allen I. Olson, et al. “This case forced the closing of the San Haven State Hospital and the deinstitutionalization of hundreds of residents at the Grafton State School,” she says, adding the case required the state to develop community-based services for the mentally disabled. “It was ground breaking and one of the biggest cases we were ever a part of. It cost the state tens of millions of dollars, and the state fought the suit for many years.” Serving on the Supreme Court In October 1998, Kapsner was appointed by Governor Edward T. Schafer to fill the vacancy created on the North Dakota Supreme Court by the retirement of Justice Herbert L. Meschke. In her early days on the court, Kapsner says she worked hard to study one area of law in particular. “I tried three criminal cases in private practice. In my first three months on the bench, I think I slept four hours a night because I was reading to catch up on that area of the law,” she says. “I think now, if I were to go back into private practice, I would practice criminal law.” In 2000 and 2010, Kapsner was elected to 10-year terms on the Court. While the adjudicative duties of a Supreme Court Justice were generally what she expected, Kapsner says there was a significant amount of administrative and committee work. Kapsner chaired the Judicial Planning Committee, co-chaired the Commission to Study Racial and Ethical Bias in Courts, and served on the Personnel Policy Board. She also served on the Judicial Education Commission, the Committee on Tribal and State Court Affairs, and chaired the Court Services Administration Committee, as well as served on the Standards Review Committee and the Accreditation Committee of the American Bar Association. Former Justice Kapsner, far left, with North Dakota Supreme Court Justices, left to right, former Justice Dale V. Sandstrom, Chief Justice Gerald W. VandeWalle, former Justice Mary Muehlen Maring, and Justice Daniel J. Crothers. “I was also always amazed by the number of hours we read. We probably read 10 hours a day,” she notes. “I preferred the paper, and I always toted them home with me and back the next day.” This led to the development of one of her long-standing habits while serving on the court. “I always read a brief with a pen in hand and marked grammatical errors and spelling mistakes.” Kapsner says while on the Supreme Court, she appreciated listening to skilled oral FALL 2017 9