PENNY MILLER: A Dedicated Career
as Clerk of the North Dakota Supreme Court
By Kylie Blanchard, Clearwater Communications
When Penny Miller was in law school, she decided her law career
was not going to be traditional. After earning her juris doctor, she
worked as the communications director for SBAND before being
hired as Chief Deputy Clerk of the North Dakota Supreme Court.
In 1992, she was hired as Clerk of the Supreme Court, and remained
in that position until her retirement on Jan. 1.
“Being the fourth Clerk of the Supreme Court in the history of the
state, along with working for the Court for 31 years, is a bit daunting
to think about, but I am very proud of the accomplishments of my
office and the Court, as well as the professional relationships I made
through the years. I enjoyed my tenure,” says Miller.
Clerk of Court
When Miller was young, she says she was an avid reader of Nancy
Drew books and other mystery novels, which impacted her view of
citizenship and justice. “Doing the right thing and finding justice
were always values I aspired to,” she notes.
She graduated from Minot High School and earned her bachelor
of arts in advertising and public relations from the University of
North Dakota (UND). She then earned her juris doctor from the
UND School of Law. “My first job after law school was as the
communications director for the State Bar Association,” Miller notes.
While working at SBAND, she was presented with the opportunity
to work for the Supreme Court as chief deputy clerk. “The
opportunity to have an impact on the administration of justice in
North Dakota and using my knowledge and problem-solving skills
with my type-A personality seemed like a great fit,” she says. “Little
did I understand the breadth of knowledge and impact the position
would have on the procedural and administrative workings of the
Supreme Court and the legal profession.”
“I was 32 years old when I was appointed Clerk of the Supreme
Court,” Miller continues. “I was the youngest clerk of a state
Supreme Court for a number
of years, so I looked to my
national colleagues for guidance
and assistance. As I became an
experienced clerk, I was able to
extend the same guidance to the
newest clerks in the nation.”
Miller thanked many people for
her success at her retirement
reception on Dec. 18, 2019.
Miller says she was honored to
serve with many Supreme Court
Justices. “It was my privilege to
serve with 14 Supreme Court
Justices. Through the years, I
learned from each of them and
enjoyed many conversations.”
She notes longtime Chief
Justice Gerald W. VandeWalle
was one of her many mentors.
“Chief Jerry and I virtually
began our clerk and chief
careers together, but I did have
six months seniority,” Miller
says. “His undying devotion to
the State of North Dakota, unwavering support, open-door policy,
willingness to listen, easy to talk with despite the subject, and his
passions for the legal profession were attributes I always tried to
emulate in the office. Most of the other Justices had many of these
same qualities, and I also think of them as mentors.”
The Work of the Court
Penny Miller pictured with her J.O. Sentell
Award, the highest honor given to a
member of the National Conference of
Appellate Court Clerks.
The work of the Clerk of the Supreme Court has many facets with
many rewards, says Miller. “While the clerk serves at the pleasure
of the Court, there are certain statutes and rules that need to be
administered and preserved separate from the responsibilities to the
Justices,” she notes. “For instance, the appellate record-keeping role is
very important, along with service as secretary-treasurer of the State
Board of Law Examiners and secretary of the Disciplinary Board of
the Supreme Court.”
“One of my strengths, I believe, was finding ways to fulfill
the Justices’ wants and needs to perform their duties without
detrimentally affecting another Justice’s work or the substantive
issues in a case,” she notes.
Miller says working on the State Board of Law Examiners was
daunting at times, but also interesting. “That allowed me to work
and learn with nine top-notch attorneys,” she notes. “The board
also has a separate Character and Fitness Committee, which was
created during my tenure. I supervised the application and admission
of approximately 3,252 new North Dakota attorneys, and the
administration of approximately 2,371 bar exams in my tenure.”
“As secretary of the Disciplinary Board, I worked to provide
procedural information and organize training for approximately 41
attorney members and 20 lay members with varying backgrounds,”
Miller continues. “During my tenure, approximately 4,000 citizen
complaints against attorneys were processed through the discipline
system.”
She says she is proud of the Court’s accomplishments during her
career at the Supreme Court. “Overall, it is knowing that updated
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