Fall 2017 FINAL-Summer 2017 Gavel | Page 15

Remembering Justice Herbert Meschke By Don Negaard Justice Herbert “Herb” Meschke was born in 1928 and raised in the hardscrabble badlands of western North Dakota during the worst drought and depression in the history of the state. He was one of my mentors at the firm and was later a partner of mine. Justice Meschke always asked me to call him Herb, so I will honor his wishes and his humility by calling him Herb. I am deeply honored to be asked to write this memoir. Herb began his education in a one-room school house and went on to attend and graduate from the top-ranked University of Michigan Law School. He passed away on May 19 in Minot. Herb’s life spanned a good share of North Dakota statehood, and his contributions to the law and the public good will last long after his lifetime. Herb began his legal career clerking for Federal District Judge Charles Vogel in Fargo. He found a group of lawyers he wished to practice with in Minot and began his private practice in the 1950s at what would become Pringle & Herigstad, P.C. Herb wore three different hats as a lawyer; he was a private practitioner, he was a legislator, and he was a Justice on the North Dakota Supreme Court. Unquestionably, Herb excelled both as a framer of the law and as a practitioner. of his spare time studying the law. When your research was exhausted, Herb could tell you about a legal principle that might help and he could tell you where you could find a case that explained the principle. What most impressed me about Herb and the other partners at Pringle & Herigstad was their ability to practice together even if they met and disagreed about decisions related to the practice. They maintained a healthy professional respect for the skills their partners possessed and their opinions. I never did see Herb gloat over a victory in court. He was more apt to discuss the positive aspects of the opposing attorney’s body of work. Herb was well respected throughout the state of North Dakota. He had clients from all over the region who contacted him because of his well-earned reputation and because of the body of work and accomplishments he attained for other clients. He was, in my opinion, the best cooperative lawyer in North Dakota. He was well known and respected at the national level relating to rural electric and telephone utilities. This type of law is not taught in school, but Herb was a master at it. With this backdrop, in 1985, Herb was appointed by Governor Sinner to serve on the North Dakota Supreme Court. He was elected to a new term for 10 years in 1990 and retired in 1994. After retirement, Herb served in an advisory capacity at his former law firm and spent many hours writing a history of the North Dakota Supreme Court. Herb really loved the law and the reconciliation of disputes through the legal process. With that being said, the thing about Herb that impressed me the most was his compassion for other people. In the 1960s, Herb and the parents of some developmentally disabled persons founded a nonprofit corporation to provide opportunities for those unable to provide opportunities for themselves. The reward they received for sitting on that board of directors was to be asked to lend money to help the company meet its payroll. This was years before a Federal Judge, in a case filed in 1980, ruled the state of North Dakota was not providing enough education and opportunity for disabled persons. Today, the same nonprofit, through the work of Herb and many others, is one of the largest private employers in the Minot area. That legacy, and countless others to which Herb has contributed, will live on long past Herb’s death. Herb served in both the North Dakota House and Senate in the 1960s and helped enact laws that are still widely used today. An example is the Territorial Integrity Act, which is still used by our Public Service Commission and our Courts to resolve territorial disputes between rural electric cooperatives and investor owned electric utilities in North Dakota. As a legal practitioner, Herb was instrumental in persuading the North Dakota Supreme Court on an issue that any lawyer practicing today takes to be a given; some forms of governmental tort immunity in North Dakota were abolished as a result of the decision in Kitto v. Minot Park District, 224 NW 2d 795 (N.D. 1974). Herb was a “lawyer’s lawyer.” He spent much Pictured L to R: Supreme Court Justices Herbert Meschke, William A. Neumann, Gerald W. VandeWalle, Dale Sandstrom, and Beryl Levine. Pictured above: Justice Meschke and his wife, Shirley. SUMMER 2017 15