One of the more perhaps underappreciated aspects of VandeWalle’ s judicial service was the isolation. The biography notes VandeWalle questioning whether he made the biggest mistake of his life after taking the bench. The concern was not the job itself, but rather the social consequences of the position. Even so, the legal community and the communityat-large recognize VandeWalle for his kindness, humility, and integrity – not solely his remarkable judicial service.
The Selected Case Law
The biography does not shy away from jurisprudence. Notably, one of the first cases mentioned is one in which VandeWalle himself was a party, Saefke v. VandeWalle, 279 N. W. 2d 415( N. D. 1979). That case challenged the dismissal of an election contest against VandeWalle, targeting a campaign advertisement. VandeWalle required his law clerks to read the case, noting he wanted them to know he was not perfect.
Chapters nine and 11 of the biography address“ textbook cases” and“ big cases,” respectively. Chapter nine first mentions Jacobson v. Jacobson, 314 N. W. 2d 78( N. D. 1981), which related to custody of children with a parent in a same-sex relationship. The opinion reversed the district court’ s decision to award custody to the parent in the same-sex relationship. At that time, the court reviewed the findings and the factors considered by the district court, including the“ slings and arrows of a disapproving society.” More than 20 years later, the North Dakota Supreme Court issued Damron v. Damron, 2003 ND 166, 670 N. W. 2d 871, which reversed a decision modifying custody based on a parent in a same-sex relationship. VandeWalle joined in the majority opinion. The biography reflects on a change in society’ s views along with VandeWalle’ s consideration for how the law affects individual people.
VandeWalle, center, pictured in 2017 with, from left to right, justices Daniel J. Crothers, Jon J. Jensen, Jerod Tufte, and Lisa Fair McEvers.
process or conduct interstate commerce. The book describes how the U. S. Supreme Court reversed Quill, only for the Quill decision to be vindicated more than 20 years later when its reasoning was eventually adopted in South Dakota v. Wayfair, 58 U. S. 162( 2018).
Chapter 11 also describes In re M. D. N., 493 N. W. 2d 680( 1992), described as VandeWalle’ s most haunting case. The case pertained to Michael Neugebauer, who was a 15-year-old accused of shooting his mother, father, sister, and brother in January 1992. The case was highly publicized due to the gruesome nature. But in this decision, the Court affirmed the juvenile court’ s decision to transfer the case to adult court, but it left open the possibility of an evidentiary hearing to review the transfer based on additional evidence and amenability to undergo treatment. Neugebauer remains in prison to this day.
Photo courtesy of the State of North Dakota
Photo courtesy of the State of North Dakota
Chapter nine also describes the Power Fuels, Inc. v. Elkin, et al., 283 N. W. 2d 214( N. D. 1979) decision, which is noted as potentially the most cited case in state history. The case addressed the standard of review governing agency decisions.
As for big cases noted in chapter 11, State of North Dakota v. Quill Corp., 470 N. W. 2d 203( N. D. 1991) is the first mentioned. Quill sold office supplies online and by mail order to customers in North Dakota, and the tax commissioner sought collection of sales tax. The decision concluded that collection of the tax did not violate Quill’ s rights to due
VandeWalle served as Chief Justice of the North Dakota Supreme Court from 1978 to 2019. Pictured in 1998 is VandeWalle, center, and, from left to right, justices Dale V. Sandstrom, Carol Ronning Kapsner, Gov. Ed Schafer, Mary Meuhlen Maring, and William A. Neumann.
Career Accolades
The biography recounts VandeWalle’ s appointment to the Supreme Court, his subsequent election, and his path to becoming Chief Justice. It also highlights numerous honors, including his induction into the Roughrider Hall of Fame and the establishment of the Gerald VandeWalle Medal, awarded by the State Bar Association of North Dakota in recognition of others carrying forward VandeWalle’ s values.
The Book Launch
On Feb. 2, a hall at the North Dakota Heritage Center filled for the formal book launch. The attendees consisted of attorneys, judges, elected leaders, and community members – reflecting the breadth of individuals influenced by VandeWalle’ s career. Andrist, Wehrman and VandeWalle provided remarks, followed by a reception. Copies of“ Call Me‘ Jerry’” were stamped with VandeWalle’ s signature and provided to attendees.
Wehrman closed with a well-founded observation: some people will be remembered for who they are, and some people will be remembered for what they did – VandeWalle will be remembered for both.
Copies of“ Call Me‘ Jerry’” can be purchased online from the Crosby Journal at www. journalnd. com / call-me-jerry /.
Katie Winbauer is an attorney with the Vogel Law Firm. She was happy to assist Wehrman by reading portions of the“ Call Me‘ Jerry’” manuscript relating to the opinions mentioned in the book.
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