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Manuscripts by Subject - Politics / Government - #11014

Title: Kirk Smith Papers

Dates: 1910-2010

Collection Number: MSS 11014

Quantity: 12 feet

Abstract: Papers consist of correspondence; personal, professional and organizational material; publications; speeches and presentations; campaign and election material; speeches; genealogical and biographical information; notebooks from North Dakota Agricultural College (NDAC); commencement program from University of North Dakota (UND); news clippings and photographs. While the actual court cases reside with the court, Smith's case files are the Judge's copies and notes regarding the proceedings.

Provenance: The papers were donated to the State Historical Society of North Dakota by Kirk Smith on October 31, 2008. Additional material was donated in 2010, 2011 and 2012. This inventory was created by Emily E. Schultz in December 2012.

Property Rights: The State Historical Society of North Dakota owns the property rights to this collection.

Copyrights: Copyrights to materials in this collection remain with the donor, publisher, author, or author's heirs.  Researchers should consult the 1976 Copyright Act, Public Law 94-553, Title 17, U. S. Code and an archivist at this repository if clarification of copyright requirements is needed.

Access: This collection is open under the rules and regulations of the State Historical Society of North Dakota.

Citation: Researchers are requested to cite the collection title, collection number, and the State Historical Society of North Dakota in all footnote and bibliographic references.

Transfer: Two buttons and a nametag were offered to the Museums Division in February 2011. See case file for more information.

BIOGRAPHICAL SKETCH

Kirk Smith was born on February 5, 1930, in Cogswell, North Dakota to Harry and Adeline Smith. He had two brothers, Dennis and Harry, and one sister, Virginia (Even). He graduated from Cogswell High School in 1947 and was elected Governor of Boys State. He attended North Dakota Agricultural College (NDAC) from 1947-1950. From 1951-1954, he served in the United States Navy. In 1956-1957, he received Ph.B. and J.D. degrees from the University of North Dakota (UND). While attending UND, he was Case Editor of the North Dakota Law Review and a member of the Phi Alpha Delta Law Fraternity.

Smith then served as a Law Clerk for Charles J. Vogel, U.S. Court of Appeals, 8th Circuit, from 1957-1958. Smith practiced law at Enderlin and Grand Forks, ND, from 1958-1963 and was a Grand Forks County Judge from 1963-1977. From 1977-2000, Smith served as a District Judge. In 1993, Smith spoke internationally on legal issues for the United States Information Agency. He was Presiding Judge of the Northeast Central Judicial District from 1988-1991. He sat on the North Dakota Supreme Court and Intermediate Court of Appeals. On December 31, 2000, Smith retired as District Judge. He was appointed a Surrogate Judge in 2001.

His professional associations included the North Dakota Bar Association; American Bar Association; and the American Judicature Society, serving as North Dakota Director. He was the Chair of the North Dakota Judicial Conference in 1997-1998 and has served on numerous committees. Judge Smith attended courses at the National Judicial College and served as Faculty Advisor. He published several law articles and gave lectures on law and civics and mentored many law clerks. Civic and fraternal organizations included Kiwanis, President in 1975; Antique Automobile Club of America; Alpha Tau Omega Fraternity at UND and NDSU; North Dakota Diabetes Association; Knights of Columbus and the Boy Scouts. Military organizations included American Legion, Commander in 1989; DAV; VFW; USS Windham Bay-CVE 92, Vice President, 1999-2000. He was a National Judge in Washington, D.C. for "We the People…Citizen and the Constitution Competition Finals" from 1993-2000, and National Judge on the National Bicentennial Competition on the Constitution and Bill of Rights competition from 1988-1992.

On July 2, 1960, Kirk Smith married Joan Bushaw at St. Joseph's Catholic Church, Oslo, MN. They had three children: Ellen (Joe Zavola), New York City, NY; Tom (Keri), Fargo, ND; and James, Chicago, IL. The Smiths had two granddaughters.

Sources:
Kirk Smith. Papers. MSS 11014. State Historical Society of North Dakota Manuscript Collection.
"Kirk Smith, Surrogate Judge." Biographical Sketches of the North Dakota District Court Judges.
North Dakota Supreme Court. http://www.ndcourts.com/court/bios/smith.htm. Accessed 26 January 2011.

BOX AND FOLDER INVENTORY

(in folder) Election poster, 1976
Box 1:
1 Personal correspondence, 1947-2009
2 North Dakota Law Review (articles by Smith), 1974-1996
3 Election and campaign material, 1976-1994
(loose) Election posters, 1976
4 Nancy Eistad report on Kirk Smith as county judge, July 28, 1976
5 Agenda for Civil Judges' meeting, August 3, 1999
6 School of Law, Central Legal Research, UND, 1991-1992
7 "Litigation Control: The Trial Judge's Key to Avoiding Delay," Court Delay Reduction Committee, National Conference of State Trial Judges, American Bar Association Judicial Division, 1996
8 "The Denial of Federal Benefits Under the Anti-Drug Abuse Act of 1988: Implementation Issues for State Courts," National Center for State Courts, 1994
9 Summit Conference for State Officials, "Status of the General Fund as of February 28, 1994," presented by Rod Backman, Director Office of Management and Budget, March 14, 1994
10 "Commerce ACTS: Advanced Civilian Technology Strategy for Jobs and Economic Growth Draft for Public Comment," U.S. Department of Commerce, November 1993
11 "Report on Arrests of Juveniles, North Dakota, 1986-1995," Criminal Justice Statistics Special Report, State of North Dakota, Office of Attorney General, Bureau of Criminal Investigation, October 1996
12 Land related cases, contracts, plat maps, 1959-1960
13 Uniform Probate Code Committee, n.d.
14 National Judicial College, 1983
15 ND State Supreme Court, 1998-1999
16 Schedule, 1987
17 Speeches, addresses, eulogies, 1978-2009
18 "Demystifying Probate and Trusts" (Social Security, estate planning, living trusts), UND, 1992-1993
19 Business card, n.d.
20 Nepal, 1993
21 NDALS, 1973
22 American Judicature Society, n.d.
23 (minor, juvenile) case, 2000 RESTRICTED
24 Divorce cases material, n.d.
25 Miscellaneous cases, 1986-2000
26 District Court Christmas Party invitation, December 12 [?]
27 Grand Forks County Correctional Center, 2007
28 Grand Forks County Courthouse and State Historical Society of North Dakota, 1998-2004
29 Elks Drive Bridge Site
30 NDAC School notebooks, ca 1947
31 USS Windham Bay CVE-92 Association, 1955-2001
32 USS Windham Bay CVE-92 Association reunion (Bismarck, ND), 2001
33 USS Windham Bay CVE-92 Association reunion (continued)
34 Veterans/VFW, 2000-2006
35 40th Wedding Anniversary, 2000
36 Photographs, ca 1937-1960
37 Kiwanis, 1998, 2006
38 Architectural drawings, n.d.
39 Harry W. Smith, Jr. (death) (Kirk's brother), 2001
40 Smith's barn and Virginia M. Smith Even (Kirk's sister), 1949-ca 2000
41 Genealogical and biographical information, ca 2000s
42 Judge Bohlman retirement reception committee, 2004

Box 2:
1 Estate tax, 1958
2 American Legion and ND Boys' State, 1947 & 1978
3 ATO, Delta Nu and UND Alumni, 2003-2004
4 The Franklin Club, 2009
5 Miscellaneous cases, 1910-2000
6 American Bar Association, 2000
7 North Dakota Centennial, 1989
8 National Bicentennial Competition on the Constitution and Bill of Rights, 1989-1990
9 We the People…The Citizen and the Constitution, 2002-2010
10 Holy Name Society, 2010
11 Curriculum Vitae, ca 1998
12 ND Supreme Court, printed ca 2000
13 Northeast Central Judicial District, 1990-2000
14 State of North Dakota District Court, Grand Forks, letterhead, n.d.
15 UND, 1957
16 Certificates, 1947-2003
17 Greater Grand Forks Reporter, 1982
18 Judge H.F. "Sparky" Gierke retirement, 2006

Box 3:
1 Material from letter box, before letter "A," 1950s-1970s (bulk 1960)
2 Material from letter box, "A" - "Z," 1950s-1960s

Box 4:
Retirement, recognition banquet, 2000

Box 5:
“A” – “Z” files, 2000

Box  6:
State of North Dakota v. Richard W. Skjonsby, 1980-1987

Box 7:
Newspaper clippings, ca 1920s-2000s

Box 8:
1 American Judicature Society (AJS), 1982-1986     
2 AJS (continued)
3 AJS (continued)
4 Grand Forks - county facilities plans and 1997 flood, 1985-1997
5 Grand Forks - county facilities plans and 1997 flood (continued)
6 Grand Forks - county facilities plans and 1997 flood (continued)
7 Council of Presiding Judges – correspondence, memoranda, minutes, agenda, bill information, 1989-1991
8 National Conference on Criminal Justice, 1973
9 National Conference on Criminal Justice (continued)
10 “Hearsay: A Discussion Guide,” September 1977
11 Smith’s A-Z binder of legal definitions
12 Abolishing judgeship, 1999
13 Abolishing judgeship, 1999 (continued)  
14 Bicentennial competition, 1987-1988
15 Kirk Smith biography
16 Veterans’ Postwar Trust Fund status, 1989
17 Contract for Counsel Services for Indigent Defendants
18 “North Dakota Rules of Professional Conduct” handbook, printed 2002
19 Interagency Hazard Mitigation Team meeting, 1997
20 National Criminal Justice Executive Training Program, 1978
21 P.L. 104-193, 1996
22 News clippings, ca. 1994-1997     
23 Correspondence regarding cases, 1999
24 Certificates, 1971-2006
25 Photograph, 1963

Box 9:
1 Reuben Larson v. Bruce Bohlman and Kirk Smith, 1990
2 “Zarr Wilson,” 1992-1995
3 Sentencing guidelines, 1978-2000
4  Federal Jurisdiction – The nature of Fed Juris: Cases and Controversy
5 Documents delivered to the clerk’s office November 20, 1985 – 11:00 a.m. by N.D. State Highway Patrolman Roger Haga: 4607 State of North Dakota, Plaintiff, vs. Vernon M. Fuglestad, Sheriff of Griggs County
6 Documents… (continued)
7 Documents… (continued)
8 Copy of report of the Pinkerton Detective Agency made to Governor John Miller on the Effort made to legalize the Louisiana Lottery during the session of the first legislative Assembly in North Dakota
(loose) North Dakota Judicial Council Annual Report, 1981
(loose) North Dakota Judicial System annual reports, 1983, 1984, 1986, 1987, 1988, 1990, 1991
(loose) State of the Judiciary message, State Bar Association of North Dakota Annual Meeting, 1988, 1989, 1992
(loose) North Dakota Courts annual reports, 1992, 1994, 1995, 1996, 1998, 1999
(loose) The Judicial Master Plan for the 1997/199 Biennium, approved by the ND Supreme Court November 20, 1996
(loose) North Dakota Sentencing Information Report, 1982, North Dakota Supreme Court Office of State Court Administrator
(loose) North Dakota Court Improvement Project, February 1999
(loose) State of North Dakota Attorney General Opinions, January 1, 1993 through December 31, 1993, Heidi Heitkamp, Attorney General
(loose) State of North Dakota Office of the Attorney General, Crime in North Dakota, 1992, 1993
(loose) 1998 Directory, American Bar Association Judicial Division, State Judicial Association Officers with Chief Justices and Court Administrators, 1998                                            
(loose) Origins of North Dakota Place Names, Mary Ann Barnes Williams, 1961
(loose) North Dakota Rules of Civil Procedure Governing Procedure in the District Courts, effective July 1, 1957
(loose) A Hornbook to the North Dakota Criminal Code, reprinted from North Dakota Law Review, vol. 50 no. 4, summer 1974
(loose) Federal Rules of Evidence for United States Courts and Magistrates, 1971, 1975
(loose) Handbook on Criminal Procedure in the US District Court, A Project of the Federal Defender’s Program of San Diego, Inc. 1967 

Box 10:
1 State of ND v. Melford Haugen, Jarl Hegvick, Bernice Hegvick (Smith has noted the folder “1983 Posse Comitatus materials”)
2 Haugen and Hegvick: defendants’ mailing, received 6/25/1985; cases and statutes; defendants mailing received 6/19/1985; defendants mailing received 6/17/1985; pre-sentence investigation, 6/14/1985; Civil correspondence Federal court order 4/10/1985 BV. H ruling 4/12/1985
3 Haugen and Hegvick: original for filing with clerk, 6/26/1985; bail bond orders, 8/30/1985; transcripts, 6/5/1985; transcripts, 5/8/1985; other cases; correspondence, 1/1985-6/1985; miscellaneous
4 Haugen and Hegvick: 10/14/1986; original filings civil, 12/18/1984; 3/1985; Miscellaneous
5 Haugen and Hegvick, 1985
6 Haugen and Hegvick, 1985
7 Haugen and Hegvick, 1985
8 Kirk Smith emails and correspondence, 1993-2004
9 Law clerk letters, 1996-1997
10 Judicial immunity
11 Judicial liability, 1982-1984
12 National Judicial College, 1983, 2000-2001
13 Index – memo decisions
14 National Conference of Special Court Judges (ABA), 1970s
15 City Justice of the Peace
16 Law Clerk File – closed, 1980-1981
17 Law Clerk file – 1985 +
18 Rule 35 N.D.R. Crim. P. Orders, 1997-1999

Box 11:
1 “Sentencing philosophy,” ca 1977
2 “Can Economic Conditions be Improved on the Reservations Without Destroying the Culture?” prepared by Keith Richotte, President, Mitchif Enterprises, 1988
3 The Federal Judicial Center, 1998-1999
4 Budget Issues, September 1989-March 1990
5 The Rules of Evidence in Negligence Cases, Charles Kramer, revised 1966
6 Amendments to Rule 3, North Dakota Rules for Continuing Education, 1998
7 Photocopies of cases
8 State of ND v. Marilyn Hawkinson, Cass County, 1999 #1
9 State of ND v. Marilyn Hawkinson, Cass County, 1999 # 1 (continued)
10 State of ND v. Marilyn Hawkinson, Cass County, 1999 #2
11 State of ND v. Marilyn Hawkinson, Cass County, 1999
12 Correspondence with Thomas Zimney, 2010
13 Speeches – eulogy for Judge Frank J. Kosandra and congratulations Monsignor Vetter, 2009-2010
14 Supreme Court rulemaking authority, 1979-1980
15 Bill Murray correspondence, 1985
16 Marriage officiant, 2000
17 VandeWalle celebration, 2008
18 Correspondence, Robert Feidler Leg and Public Affairs Officer, United States Courts, 1989-1999
19 Correspondence, Robert Feidler Leg and Public Affairs Officer, United States Courts, 1989-1999 (continued)
20 American Inn of Court, 1990s
21 State of ND, Office of the Attorney General. Criminal Justice Statistics Special Report, Homicide in ND, 1993
22 Justice Neumann’s testimony about judicial compensation, 1999
23 Investiture of the Honorable James A. Wright, Jamestown, ND, May 21, 1992
24 Amended Child support Guidelines, effective 8/1/1999
25 Judge Smith oath of office ceremony, January 11, 1977
26 Salary information, 1966 to present
27 Judicial Qualifications Comm. Substitute appointment matters, February 2, 1989
28 “Legal Net” information, 1989
29 FODE lecture committee, 1990
30 Senior lawyer organization, 1989-1990
31 House Appropriations Committee meeting (1993-1995 budget), 2/25/1993
32 J. Jahnke’s memos, 1992
33 J. Smith’s memos to Judges and court administrators, 1995
34 Judge Kleven’s memos, 1990s
35 Administrative memos from Pat. From Charrier                                                                                  
36 Judge Medd’s memos, 1995-1996                                                                     
37 Past 5/5/1992 security meetings

Box 12:
1 Correspondence, 1976
2 Correspondence, 1979
3 Correspondence, 1981
4 Correspondence, 1984
5 Correspondence, 1985
6 Correspondence, 1986
7 Correspondence, 1987
8 Correspondence, 1988
9 Correspondence, 1989
10 Correspondence, 1990
11 Correspondence, 1991
12 Correspondence, 1992-1993
13 Correspondence, 1995
14 Correspondence, 1996
15 Correspondence, 1997
16 Correspondence, 1998
17 Correspondence, 1999
18 Correspondence, 2000
19 Correspondence, n.d.
20 Memoranda from Judge Bohlman, 1988-1990
21 Council of Presiding Judges minutes, 1993
22 Executive Committee of the Judicial Conference, 1996-1999
23 County Judges Association, 1992
24 Court Technology Committee minutes, 1997
25 District Court Personnel Advisory Board minutes, 1991
26 Grand Forks County Courthouse Security Plan, 1993
27 Judicial Immunity/Liability Committee, 1985-1999
28 Judicial Immunity/Liability Committee, 1985-1999 (continued)
29 Judicial Immunity/Liability Committee, 1985-1999 (continued)
30 Judges Meeting minutes, 1992-1993
31 NE Central Judicial District minutes, reports, agenda, 1991-1992
32 ND District Judges Association minutes, 1992-1997
33 Pattern Jury Instruction Commission minutes, 1997
34 ND Judicial Council materials, 1971-1978
35 Judicial Institute, 1995
36 Office conferences minutes, 1991
37 ND Judicial Conference, 1993-1998
38 Judicial Council of ND, 1985
39 Joint Procedure Committee, 1998-1999
40 Speeches, presentations, lectures, etc. ca. 1991-1999
41 Cassettes, Bench and Bar seminar “Update Changes to Federal and Civil Rules,” 1993
42 Judges and the Humanities, UND seminar, 1984-1989
43 Employee comments on proposed personnel plan, 1989

Box 13:
1 Articles for ND Law Review, 1996
2 “Ethical Considerations” series of Senior accounting seminars
3 Judicial Council, 1965-1978
4 Judicial Council (continued)
5 Joint Procedure Subcommittee on Contempt, 1992
6 Performance evaluation process, 1986
7 Smith biographical information
8 Copies of statements and authorities about Grand Juries
9 Five State Judicial Conference, 1991-1994
10 Changes to Administrative Rule 2
11 News articles about Smith or Judge issues, 1991
12 “The New Constitution,” 1970
13 National Judicial College, 1978
14 “Basic Issues of Science” seminar, 1998
15 Minimum mandatory sentences, 1997
16 Statistics of case filings and dispositions by judge, 1985
17 Expedited child support, 1987
18 Arbitration and mediation materials, 1993
19 Offender registration, 1995
20 Attorney fees, 1978-1983
21 Presiding Judge NE District election, 1991
22 District activities statistics, ca. 1990
23 District activities statistics (continued)
24 Judges Harold Hager and Hamilton Englert memorials, 1998
25 Judicial Conference Ad Hoc committee – proposed Clerk of Court consolidation, 1998
26 Flood recovery, 1997
27 Revisions to Rules of Civil Procedure and in the Rules of District Court, 1975
28 Home foreclosures, ca. 1984
29 Jury use and management standards, 1990
30 Criminal History records law, 1987
31 National Bicentennial Competition on the Constitution and Bill of Rights, 1988-2000

Box 14:
1 Conference of Chief Justices meeting minutes, 1989
2 Juvenile Court retreat, December 4, 1990
3 Judges meeting minutes, 1997
4 Judicial Ethics Advisory Committee, 2000
5 Amendments to policies/rules, 1997-2000
6 History of the Law of Evidence notes, n.d.
7 Legality of access to abortions by minors, 1988
8 Senate Bill 1515 (Limited Judicial Immunity), 1988
9 Complaint against Judge Smith in the case of Hoffman v. Hoffman, 1999
10 Oath of office/investiture ceremonies/banquets (other judges), 1987, 1989
11 Judicial Conference program, 1997
12 Copy of aerial of downtown Grand Forks buildings and businesses with historical information, ca. 1958-1959

Box 15: School notebooks, NDAC and UND, 1947-1957

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