Spring 2020 Gavel 268650 SBAND Gavel Magazine_web | Page 7

He graduated from the UND School of Law in 1990
and, immediately following graduation, served a year-
long clerkship under Chief Justice Erickstad. “I was the
second to last law clerk under Chief Justice Erickstad,”
Jensen notes.
Jensen began his career in private practice in Grand
Forks in 1991 and served in that capacity until 2013, with
the exception of a nine-month sabbatical to serve as tax
counsel for Northwest Airlines in 2000-2001. “When
I started in private practice, I tried every type of case
imaginable,” he says. “My practice naturally evolved to
civil and criminal tax litigation.”
In 2013, Jensen was appointed by Governor Jack
Dalrymple to serve as a district judge in the Northeast
Central Judicial District in Grand Forks and was elected
to a six-year term in 2016. In August 2017, he was
appointed to the Supreme Court by Governor Doug
Burgum.
The transition from practice to the bench brought changes that
were both anticipated as well as unexpected. He anticipated missing
the interaction he had with clients, solving client issues, and
advocating for a particular position. “When you meet with clients,
discuss their issues, and work toward finding solutions, you become
close to your clients; you share their satisfaction as well as their
disappointment.”
Jensen says he enjoyed private practice and there are still many
aspects of private practice he misses. “However, for a litigator, the
bench is a wonderful place to be. You get to spend a lot of time in
the courtroom and in North Dakota, we are fortunate to have an
exceptional level ability in our practicing attorneys.”
The Role of Chief Justice
Jensen says his experience in a variety of cases and trials, as well
as his experience in accounting, during his career was valuable in
transitioning to his new role on the Supreme Court. “Our Supreme
Court is unusual in that we do not currently have an intermediate
appeals courts or discretion to decline an appealable case,” Jensen
notes. “Having a variety of practice experience was very helpful
in preparing me for the bench. We expect our trial court judges
to know A-Z, and although my practice eventually became
specialized, I started out doing A-Z.”
The role of Chief Justice includes serving as the administrator of
the state’s court system, a role Jensen says he is happy to step into
after his experience as presiding judge of the North East Central
Judicial District. As head of the state’s courts, Jensen is also
responsible for committee assignments, the structure of the state’s
district courts, the initiatives the courts pursue, and promoting
uniformity in the delivery of justice across the state.
Chief Justice Jensen was appointed to the North Dakota Supreme
Court in 2017 and became Chief Justice in December 2019.
He notes the role of Chief Justice also allows him to pursue his
passion for writing, which has developed throughout his law
career. “I like to write and have been fortunate to have a number of
law reviews published after law school in the ‘North Dakota Law
Review’ and other peer reviewed journals,” Jensen says. “The Court
gives me a wonderful opportunity to write.”
He says although he is in the Chief Justice role, the Supreme
Court is a collaborative group of Justices. “There is a surprising
amount of collegiality among the members of the Court,” Jensen
says. “Our Court works collaboratively. There are five people
looking at issues and making decisions.”
Jensen says Justice Gerald W. VandeWalle, who served as Chief
Justice from 1993 through 2019, remains a valuable member of the
Supreme Court and a key mentor as he transitions into the Chief
Justice role. “He is always available to answer questions and for
support, and he never second guesses what I do or any decision we
have made as a Court. It’s a testament to the type of person he is.”
“There were two things that made the transition into the role of
Chief Justice very easy,” he continues. “We have really good trial
court judges in North Dakota, and Justice VandeWalle left things
in a good state of order.”
The goals Jensen says he is focusing on as Chief Justice include
getting more resources to the state’s trial courts and trial court
judges, primarily in the form of additional law clerks and staff.
“Our state, compared to other states, really has minimum staff,”
he says. “I think it is important we get more support for our trial
court judges.”
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