The State Bar Association of North Dakota Winter 2013 Gavel Magazine | Page 27

The chief justice serves for a term of five years or until that justice’s term expires, whichever comes first. He may resign the office of chief justice without resigning from the office of justice of the supreme court. The chief justice is paid $3968 per year above the salary of other justices.

Who’s the Chief? New law caused changes in leadership

A somewhat quirky set of circumstances in 1966-67 caused the chief justice-ship to switch from Teigen to Strutz and back to Teigen again. When Chief Justice Thomas Burke died in March 1966, Teigen became chief justice although Strutz had the shortest term to serve. Both Teigen and Strutz were appointed to the Court in 1959 and then won elections in 1960. Strutz was appointed to the Court in 1959 following Nels Johnson’s death while in office and then elected in 1960 to serve the eight years remaining in Johnson’s term. Teigen was appointed to fill the vacancy created by Justice Grimson’s resignation but in 1960 was elected to his own full 10-year term. Teigen became the chief justice in 1966 because of the “shortest term to serve and not holding office by election or appointment to fill a vacancy” wording in the constitution and NDCC 27-0201. The priority for acting as chief justice was changed by the 1967 Legislature. The 1967 amendment to NDCC 2702-01, effective July 1, 1967, mandating the election of the chief justice, further specified that until the supreme and district court judges met at their next ‘regular scheduled meeting’ to select the chief justice, the “judge with the shortest term to serve shall temporarily act as chief justice.” With the prohibition against serving as chief justice ‘if elected or appointed to fill a vacancy’ removed, that would be Strutz, so he was elevated temporarily to chief justice. At the next regular scheduled meeting, October 20, 1967, Teigen defeated Strutz and became the first elected chief justice. When Teigen retired, Strutz was unanimously selected to act as chief justice.

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The Gavel February 2013

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