Supreme Court Law Clerks –
July 1968 - July 1969
THEN – Upon graduation, I was fortunate to be selected to be a
Supreme Court law clerk for a one-year period. In 1968, the Court
only hired two law clerks. At that time, one of the justices would not
use a law clerk, stating since he was elected to be the justice he felt
he would do all the research and writing. As a result, each of us law
clerks worked for three months for each of the other four justices.
We would read the briefs, do research, meet with the justices, and
sometimes be asked to draft legal memorandums for the justices.
Sometimes portions of those memos would end up in some of
the opinions. Obviously, neither we or they had any computers or
internet to use.
NOW – Each justice has a law clerk and additional legal staff
available. Further, there is likely no, or little, dictation and
transcription done, so if any change to a document is required with
computers, the change can be easily and quickly made.
Unsatisfied Judgement Fund – N.D. Attorney
General's Office – Trial Procedure – 1969 - 1971
THEN – Upon completion of my clerkship, I was hired as a special
assistant attorney general and my responsibility was to run the
Unsatisfied Judgment Fund. In 1969, there was no such thing
as uninsured or underinsured automobile insurance coverage, so
the Legislature created the fund. The purpose was to have at least
a limited source of recovery for someone injured or killed in an
automobile crash caused by an irresponsible driver who had no
insurance.
THEN – All court pleadings were either filed by mail or personally
delivered to the proper clerk of court office. The district judges would
then periodically schedule “Call of the Calendar” and require every
lawyer who had a pending case to physically appear at the “Call” in
order to get the case set for trial. At the “Call,” the judge and the
lawyers would go through every case on the “Calendar” over a several
day period and set them for trial. This process was time consuming,
but it gave all the lawyers an opportunity to socialize over the several
days in each district and we got to know one another and became
friends. These friendships resulted in a very congenial relationship
among these trial lawyers and, as a result, many cases got settled early
and out of court.
NOW – All pleadings are required to be filed and served
electronically. The above described “Call of the Calendar” process
is no longer used, and cases are now set for trial in a far different
fashion (sometimes over a conference telephone call with court and
counsel or arbitrarily by the court). Quite often the trial lawyers have
never met and do not personally know the trial lawyer on the other
side of the case and, as a result, some of the congeniality among the
trial bar seems to have been lost.
Assistant U.S. Attorney – 1972 - 1976
THEN – I was selected by U.S. Attorney Hal Bullis to be an
assistant U.S. attorney and was directed to open a sub-office in
Bismarck. I opened the office and hired a secretary, and she and I
were the only persons employed in the Bismarck office. In 1972,
there were only three other assistant U.S. attorneys all located
in the Fargo office. Many cases handled in the office then
involved major crimes committed on the Indian Reservations.
The U.S. Attorneys Office (USAO) also handled bank fraud,
bank robbery, counterfeiting, and some drug cases, as well as
many civil cases involving the U.S. government. During this
timeframe, we had no computers or internet.
NOW – Currently, there are 12 assistant U.S. attorneys in Fargo,
seven assistant U.S. attorneys in Bismarck, one special assistant
U.S. attorney in Bismarck and also one in Minot. The USAO
still handles cases such as those referenced above, but now
there are many drug cases, sexual exploitation, and trafficking
cases. The current USAO has full computer and internet service
available.
THEN – In 1972-76, there were only two active U.S. district
judges to serve all of North Dakota. There were two senior
(retired) federal judges who would occasionally agree to handle a
case or trial. Cases were tried in Fargo, Grand Forks, Minot, and
Bismarck.
NOW – Currently, there are still only two active U.S. district
judge slots for North Dakota. One is currently empty, and at
this time, there are no North Dakota senior (retired) federal
judges handling cases in North Dakota. Occasionally a federal
judge from another state will come and preside over cases in
North Dakota. For many years, North Dakota had only one U.S.
district judge. In the early 1950s, another judge was authorized
but no additional federal judges have been authorized since.
Obviously, the case numbers have increased substantially. Most
cases are now tried in Fargo and Bismarck.
Private Law Practice – 1976 - 1995 – Then
Assistant U.S. Attorney Again – 1995 - 2008
– Then Private Practice as "Of Counsel"
for a Bismarck Firm to Present
Technology Brings Amazing Change
Today’s law students and beginning lawyers could hardly
imagine the mode and methods that were part of the day-to-
day practice of law 50 years ago. The most obvious change has
been the result of all the technology that has been developed
which is now taken for granted in their everyday use. There was
no internet, computers, email, fax, software (for forms), laptops,
iPads, or cell phones. Nor was there Twitter, Snap Chat, or
PowerPoint and a whole host of other electronic gadgetry.
FALL 2018
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